Loading...
11-01-88-- ~ 4 G~:.~v°" yam: :-.in ~-~~..- tiuTICP OF CF(ANGE GF LAtiD USE The City Commr~sion o1 the City o1 At.lantic death, Florida propcces to ch~nq-~ [he use v1 land srth vi the area shuvn on the nap iu this a~VertlEe mE'n t. A Public Hl'ar1nQ or. the proGOEaI will be held on Auyust b, 19bb at 7:15 p. R.. at Crty kta 11, %ib Ocean boulevard, Atiant>c Leach, i'l orida. All ir.tereEted parties may appear at the mec[ang artl be hE-ard reyardrng tRe pr opoeec change. ~ ~,,,, _.., ,... 1 t Y' •~Y D[Y{I.OY~[~i t) ///~~m i L~Lt L~~OIYO •~1 .i~i~~ ynn~~~ C! ~CY65 ~~~~ U ~nYLTI-I I ~Y„fv~Mulp W : c ~..,..., .. W..~ . ., J~~D~C ~/ ..K »o. / , MAYPoMi NAYAL STATpN r. N J I I 4 II a w @ U ~~ ~ O P p ~ E __ I I U 517E II - ~ r F" Assns .N. Z . a J ~ ~ ~ a ~ ~ a o.wc o. ~ III p 4 y r ~ n~z~ T S y pp ?! v ~4 " ~ ~ IMAM LK. f ~ a~ II ~.. ~__ although within a particular profession, to the interest end purposes of the municipality and would ba proper municipal axpanditurea for a public purpose. It should also b• noted that thar• era professional orgsnizations composed of professions which era primarily in themselves municipal or governmental in nature, such as city managara associntions, nssocintione of Lira chiats or police chiefs. In these instances even though the organization may ba composed exclusively of members o! a pnrticular profession, the organizntion iteal! primarily ssrvea a public purpose. Prolassional dose Lor membership in organizations whose primary tunction is to servo the interests of the members of that profession and which is only incidentally serving the interests o! the City, avan though such membership may ba a requirement Lor employaant with the City, era not properly payable by the City. Certnin proiaseional organizations which exist solely for profeasione of a municipal or governmental nature such as city managara, llnanca officers, Lire chiefs, etc., would ba an exception to this rule. Dues for membership in organization in which the City has a primary interest Sn joining the organization ae a municipality and daeignntinq rapresentntives from among its employees, or where mambarahip by a particular individual in such organizations serves a primary benaf icinl purpose Por the City, era proper expenses for a public purpose, avan though the interests of the individual may coincidentally ba earvefl. C LAUDE L MULCTS ~- _ What is public uea is not capable of absolute detinition. a public use changes with changing conditions of society, new appliances in the sciences, and other changes brought about by an increase in population and by new modes of transportation and communication. The Courts as a rule have attempted no judicial definition of public purpose as distinguished from a private purpose, but have left each case to be determined by its own peculiar clrcumatances. Generally, a public purpose has for its objective the promotion of the public health, safety, morals, general walfara, security, prosperity, and contentment of all inhabitants or residents within the municipal corporation, the sovereign powers of which are used to promote ouch public purpose. Sea Am.JUr., Manic pal Coroorationa. "Thera is no universal test for dietingviehing between a purpoa• which is public or municipal and, tharalore, a proper object of municipal expenditure end one which Se private and, therefore, an improper object to which to devote public money. Each teas must ba decided in the light of the existing conditions, with respect to the objects sought to be accomplished, the degree and manner in which that object affects the public walfara, and the nature and character of the thing to ba done; but the Court will give weight to a legislative daterm ination of what is n municipal purpose, ns wall ae wide spread opinion and general practice which regard es city purposes some things which may not be such by absolute necessity, or on a narrow interpretation of constitutional provisions. Where an appropriation of public lands is primarily for public purposes, it is not nacasearily rendered violative of constitutional provisions against gifts and loans of public credit by an incidental result which may be of private benefit. On the other hand, if the result is chiefly that of private benaf it, an incidental or even ostensible public purpose will not save its constitutionality." 64 C.J.S., Municipal Coroorations, Section 18358, pages 334,335. Th• general rul• is that if the expenditure is one which primarily benefits or serves the interests of the City and ie at the most only incidentally a benefit to the individual's private purposes, then it is a proper expenditure for public purpose. For example, membership in organizations each as The Florida Bar, Tha Jacksonville Sar and The American Bar or the respective similar organizations of the Medical Association, or Civil Engineers, C.P.A.s, nurses, etc., would be primarily personal to the individual with regard to his relationship with his profession, regardless of whether such membership might technically ba required for employment with the City in the capacity in which ha may be employed. On the other hand, payment of dual Sn the National Institute of Municipa: Law Officers, the Florida League of Cities, National Association of Municipal Pinanca Officers, etc., would be organizations primarily oriented C LAU DE L MULCTS ^I think that any public interests served by e Stnte Attorney or Public Defender being a member of the Florida Bar or a local bar association is too remote and incidental to admit of a holding that his payment of dues is for a public purpose. The fnct that a Stat• Attorney or Public Defender may have •lectad full-time service at increased companention dose not make his payment o! dues a disbursement for public purpose, even though the public ie incidentally benefited." Th• issue is whether or not membership in the particular association or group in question is personal to the individual's membership and participation in his profession even though membership or qualification in such professional organization may ba a requirement by law !oz employment with the government. If •o, than the reasoning of the Attorney General would apply and payment for membership dues in such professional associations should be made by the individual and would not be a public purpose permitting payment by the government. Reasonable expenditures of government funds !or membership in state and National leagues of municipalities and municipal officers, ae well as for attendance nt conventions are proper. 2 Antiau: Municipal Corporation Law, Section 456.26. Ones of the most enlightening case^ is States ex rel. McClure v. Hagerman, 90 N.E.2d 835 (Ohio 1951), in which the Ohio Supreme court ruled that the City of Dayton, Ohio, could properly pay the coat of membership in the Municipal Finance 0lticars Association o! Ohio for its City Manager. In City of Roseville v. Tn13aV, 55 Ca1.App.2d 601, 131 p.2d 395, the California court held that the City of Roseville could legally pay the expenses oP two city councilmen, the city clerk and the city attorney, as delegates to the annual conference of the league of California cities as being a public purpose. In Touslev V. jsach, 180 Min. 293, 230 N.W. 788, the supreme Court of Minnesota approved payment by the City of Minneapolis for expenses of members o! the city's alderman and other olf icials to attend the meeting o! the Hiaslseippi Valley Association at St. Louis, a meeting of the Rivers and Harbours Congress at Washington, D.C. and a meeting of the Asphalt Association at Naw Orleans. What ie a public purpose is not static and each generation may determine its concept of these things. State V. Tallahassee, 142 Fla. 476, 195 So. 402 (Fin. 1940). CLAD DEL MULLIS v a~,O~G,~~..~ 110E OFFICES OF Cuu~e L Muws PaoFEAIONAL AuOCUiION 4250 LIKESIDE DarvE /SURE 114 UCKSONVIU.E. FI.DRIDA .32210 CIAUDE L MUtuS (904) :788-1289 From: Claude L. Nul11sA~\' ''UU To: City of Atlantic Beach City of Neptune Beach Town of Baldwin Lake Asbury Municipal Service Benefit District Ponta Vadra Community Association Data: July 20, 1988 Subject: Legal Advisory Opinior. Payment of Professional Dues Tha question has been presented as to whether pnymant of professional dues by the City on behalf of individuals in various professions, including lawyers, engineers, architects, C.P.A.s, nurses, doctors, and other professional groups is a valid municipal expense when made on behalf of officers or employees of the City Por whom they work. In the instance o! lawyers, the Attorney General has issued two opinions which are noteworthy. Attorney General's Opinion 058-15 rendered by Honorable Richard W. Ervin on January 4, 1968, stated: "It is my opinion that the local bar association and the Florida Bar dues era private expenses, personal to the individuals belonging to these organizations. ." In that opinion, Mr. Ervin held that even though a special or local law required a county Judge or Justice of the Peace to be a member of the Florida Har, nevertheless, his Florida Bar duos could not ba charged to the expense of his office. Honorable Earl Faircloth issued Attorney General's Opinion 69-138, pertaining to the same question as applied to State Attorneys and Public Defenders who elect full-time service, and as applied to full-time judges, all of whom are required by law to be members of the Florida Bar Association. General Faircloth stated in that opinion: DIVISION •A• <CONY'D) BSOS-30-O1 No bid may be vithdravn for a period of 90 days after the scheduled closing ~; time for the receipt of bids. 1 The Ovner reserves the right to reject any or all bide and to vaive infornalitiea. S' - Dnder direction from EPA and FDER, no bids viii be accepted from Japanese citizens or nationals or firms controls directly or indirectly by Japanese citizens or notional s. My bids received from such firms shall be deemed nonresponsive and rejected. '. CITY OF ATLANTIC BEACH, FIARIDA By: /s/ Richard C. Pellovs . City Manager - PLEASE POBLISH ONE TIt7: IN THE TIMES OI:ION ON SATERDAY, July 23, 1988 AND FIiRNISN PROOF OF PUBLICATION. ATLANTIC BEACH PGRCHASE ORDER 43524 2 - DIVISIOH •A• (CONT'D) 5505-10-OL No bid may be withdrawn fot a period of 90 days after [he scheduled closing time for the receLpt of bids. The Ovnar reserves the right [o reject any or ell bide and to waive informalities. Under direction from EPA and FDER, no bide viii ba accepted from Japanese citizens or nationals or firms controls directly or Lndirec tly by Japanese citizens or nationals. Any bids received from such flrna shall be deemed nonresponsive and rejected. CITY OF ATIANTIC BEACH, FIARIDA By: /s/ Richard C. Fellows CLty Managnr PLEASE PUBLISH ONE TILT: FN THE TIMES UI:ION ON SATURDAY, July 13, 1988 AND FIiRNI BH PROOF OF PUBLICATION. ATLANTIC BEACH PURCHASE ORDER 13524 _ p _ DIVISION "A" (CONT'D) - 8505-10-01 No bid may be wi thdravn for a period of 90 days after the scheduled closing time for the receipt of bids. The Owner reserves the right to raj act any or all bids and to waive Snformallties. Undsr direction from EPA and FDER, no bids vlll be accapud from Japanese -. c itlzens or na[Sonals or firms controls directly or lndirscely by Japanese citizens or naClonals. Any bids received from such firms shall be deemed nonresponsive and raj eeted. CITY OF ATIAN'fIL BFACM, FLORIDA By: /s/ Richard C. Fellows City Manager PLEASE PGBLISH ONE TIP7; IN THE 7I?GS I,T:ION ON SATERDAI'~ Juh' 13. 1988 AND FliRNISH PROOF OF PUBLICATION. ATLAHTiC BEACN PGRCHASE ORDER F3524 2 - NAJOR SEf1ER ssuaDILITATION - rNASE II PAST I - EPA PROJECT N0. 0120747060 PART II - EPA PROJECT N0. 0120747070 SAC PROJECT N0. 8505-10-01 ATLANTIC BEACN, FiARIOA DIVISION 'A" July 23, 1988 Sealed proposals, submitted in duplicate, will be received by the City Manager of the City of Atlantic Beach, Florida, at the City Hall, until 2:00 p.m., local time, September 8, 1988, at which time bids will be opened and publicly read for the consctuction of lLJor Sever Rehab ilLcation Phase II, Part I - EPA Pro~ec[ No. 0120747060 end Part II EPA Pro~act No. 0120747070, SAG Pzo~ect No. 8505-10.01, for the CLty of Atlantic Beach, Florida. The rock tom is is of furnishing all labor, materials and aquipsen[ necessary to construct the follovLng: Perform sut~or sever rehab111tation on portions of the exLs Ling sanitary sever system in Atlantic Beach, Florida. The methods to be wed include: Part I replacement of 560 feet of pipe, 81 point repairs and asaoclatad miacsllansow repair, and Part II- replatemant of 290 feet of pipe, 88 point repairs and assoc Laced viseallaneow repair, all rlthin the szis tang sanitary serer system, of which the pipe sizes vary from 6-inch through •12-inch diaaetsr. Plana, specifLcations and contract doeusen[a will be open to publLc inspection at the office of the City Manager, CLty Hall, Atlantic Beach, Florida, or may be obtained from Smith and Gillespie Engineers, Inc., P.O. Box 53138, Jacksomiile, Florida 32201, upon payment of $63.30, which amount cons tituces the cost of reproduction and handling and includes $2.86 sales tax. This paysenc vLll not be refunded. Only complnte seta of plans and spec Lfieatlons will be distributed. Bids wt be accompanied by a certified check of bid bond in an amount not leas than fivn (5) percent of the bid. This project is to be financed in part by a gran[ from [he United States Enviromm~tal Protection Agency. Neither the USEPA nor any of its departments, agencies oz employees Ls or will be party to this Invitation co BSd or any resulting contract. This procurmm~t will be subject to regulations contained in 40 CFR Parc 33, published Hay 12, 1982, and revised March 28, 1983. Bidder may bid on one or all pares, where applicable. Separate contracts may be ararded for each part as selected by the Owner. - 1 - i r r MAJOH SEVEH tEEABZzsTATIOM - PHASE II PART I - EPA PROJECT M0. 0120747060 PART II - EPA PROJECT Ip. 0120747070 SAC PHOJECT N0. 8505-LO-O1 ATIeNTIC HEACN, PIAHIDA DIOZSION 'A' July 23, 1988 Sealed proposals, subvitted Ln duplicate, will bs received by the City Manegnr of the City of Atlantic Beach, Florida, at the CLry Nall, until 2:00 p.m., local time, September 8, 1988, at which rive bids rill be opened end publicly read for the construction of N,j or Sever Rehabilitation - Phase II, Part 2 - EPA Project No. C1207470fi0 end Part II - EPA Proj ac[ No. 0120747070, SAC Project No. 8505-10-01, for the CLty of Atlantic Beach, Florida. The work consieta of furnishing all labor, vateziala and equipvent necessary [o Construct the following: Perform major sever rehabilitation on portions of the existing sanitary sever systev in Atlantic Beach, Florida. The methods to be wed Lnclude: Part I - replacement of 560 feet of pipe, 81 point repairs and associated mLSeellanaow repair, and Part II- replacemanC of 290 feet of pipe, 88 point repairs and associated viecsllaneow repair, all within [hs existing sanitary sever systev, of which the pipe sizes vary frov 6-inch through •12-inch diameter. Plans, apecificatians and contract docuventa will be opnn to public inspection at [he office of the CLty Manager, City Nall, Atlantic Beach, Florida, or may 6e obtained frov Smith and Gillespie Engineers, Inc., P.O. Box 53138, Jaeksomille, Flarida 32201, upon payment of $63.30, which avow[ constitutes the cost of reproduction and handling and includes $2.86 sales tax_ Phis payment will not be refunded. Only complete sets of pltm and specifications will ba distributed. Bids must bs accompanied by a certified check or bid bond in an avow[ not less [tun five (5) percent of the bid. 'This project is to be fLnanced Sn part by a grant from the United States Emironeental Protection Agency. Neither the USEPA nor any o£ its departnen[s, agencies oz employees is or will be party to this Invitation to Bid or any rasultLng contract. This procurement rill be subject to regulations contained in 40 CFR Part 33, publLshed Nay 12, 1982, and revised March 28, 1983. Bidder .ay bid on one or all parts, where applicable. Separate contracts may be awarded for eeth part as selected by the Owner. 1 - r... ~. C MAJOI SEVPA REHABILITATION - PHASE II PART I - EPA PROJECT N0. 0120747060 PART IZ - EPA PROJECT N0. 0120747070 SAC PROJECT N0. 8505-10-01 ATLANTIC BEACH, PLORIDl1 DIVISION 'A' July Z3, 1986 Sealed proposals, submitted in duplicate, will be reteivad by the Ci[y Manger of the City of Atlantic Beach, Florida, at the City Hall, until 2:00 p.m., local time, September 8, 1988, et which tine bids will be opened and publicly read for the conatzuction of Major Sawar RehabLlltation - Phase II, Part I - EPA Proj eat No. 0120747060 and Part II - EPA Proj act No. 0120747070, SAC Proj eat No. 8505-10-01, for the City of Atlantic Beach, Florida. The work consists of furnishing all labor, ntarLals and equipment necessary to contract the following: Perforn major serer rehab111tation on portions of [he existing sanitary sever system Ln Atlantic Beach, Florida. The se[hods to be used include: Pert I - raplacepnt of 560 feat of pipe, 81 point repairs and associated miaeellaneoua repair, and Part II- raplacemsnt of 290 feet of pipe, 88 point repairs and aeaoc iated miacallanaow repair, all within the existing sanitary sever system, of which the pipe sizes vary from 6-inch through -12-inch diameter. Plaru, spaciffeatLon and contract documents will ba open to public inspection •t the office of the City Manger, City Hall, Atlantic Beach, Florida, or my be obtained from Smith and Gillespie Engineers, Ina., P.O. Box 53138, Jackaomille, Florida 32201, upon payment of $63.30, which amount con ti lutes the coat of reproduction and handling and includes $2.86 sales tax. This payrnt will not be refunded. Only complete seta of place and specifieationa will be distributed. 9£ds must be accompanied by a certified check or bid bond in an amomt not leas than flue (5) percent of the bid. This prof act !s to ba finnced in part by a grant from the United States Em£ronmsntal Protection Agency. Neither the USEPA nor acry of Sts dapartaents, agencia• or employees is or will be party to this Icrvitatlon to Bid oz any resulting contract. This procurement will ba subject [o regulation contained in 40 CFR Part 33, published Nay 12, 1982, and revised March 28, 1983. Bidder may bid on one or all parts, whore applicable. Separate contracts say be awarded for each part as selected by the Omar. - 1 - .~_ IN WITNESS WHEREOF, the undersigned have hereunto set their hands and affixed the seal of the Public Agency, duly attested this day of [SEAL] CITY OF ATLANTIC BEACH , FLORIDA Hy~~€~~~~ e~~ 0 ~ / Attesnt :~~ ~~JJ n~ ~ nn yor By: QQL'X~i ~ ~LL~G~ Title: CSry Clerk ~- L.-:~_ the transactions contemplated by the Participation Agreement, this Request for Advance, or any provisions of the Public Agency's Charter or, if applicable, any special or general acts or laws governing the ability of the Public Agency to incur debt for items such as the Project, which are material to the transactions con- templated by the Participation Agreement and this Request for Advance, and has all requisite power and authority to execute and deliver this Request for Advance. 7. The Public Agency has obtained all necessary permits, licenses, and certifications to undertake the actions contemplated hereby and to Finance, refinance or be reimbursed tor, the cost of the Project from the funds to be disbursed hereunder. 8. The Participation Agreement is in full Force and effect and continues to be a valid, enforceable and Legally binding obligation of the Public Agency, enforceable in accordance with its terms, except to the extent that the enforceability thereof may be Limited by laws relating to bankruptcy, insolvency or other similar laws affecting creditors' rights generally and the Public Agency has received all consents, approvals and author- izations of governmental authorities or agencies requires for incurring the debt represented by such documents, including amounts which will become outstanding pursuant to this Request for Advance and for the continued performance of such documents. 9. there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or, to the best knowledge of the undersigned after due inquiry, threatened by governmental authorities to which the Public Agency is a party or of which any property of the Public Agency is subject, which, if determined adversely to the Public Agency, individually or in aggregate (i) affect the validity or enforceability of the Parti- cipation Agreement or (ii) otherwise materially and adversely affect the ability of the Public Agency to comply with its obli- gations under the Participation Agreement. Agency setLforthhinrtheePacticipationdAgreementeareftrue andlic correct on the date hereof and the Public Agency is in compliance with all terms, covenants and conditions of the Participation Agreement on the date hereof. 11. The Public Agency does not plan to use, or permit the use oE, the Project, except as permitted by the Participation Agreement. -3- funds disbursed pursuant to this Request Eor Advance within thirty (30) days of the date hereof. 3. The amounts, if any, requested Eor disbursement hereunder which are being used to refinance any outstanding debt of the Public Agency will be utilized to refinance only the outstanding balance of said debt and, unless a written opinion of Bond Counsel is atcached hereto approving the refinancing of such debt, interest on such refinanced debt was not exempt from Federal income taxation, and upon the refinancing of such debt, the cancelled note will promptly be delivered to the Trustee for attachment hereto. 4. To the extent amounts, it any, requested herein are being used to reimburse the Public Agency for all or a portion of the Project which was previously purchased, such reimbursement does not exceed the amount of proceeds expended to finance the Project less accumulated depreciation. 5. The Public Agency will not use any of the proceeds of this disbursement to purchase or carry any "margin security" within the meaning of Regulation U of the Bcard of Governors of the Federal Reserve System or in any manner that would cause the Bonds (as defined in the Participation Agreement) to be "arbitrage bonds" within the meaning of Section 103(c) of the Code and the regulations promulgated thereunder and will take such actions as are necessary and within its power to assure that the interest on the Bonds will not be subject to Pederal income tazatidn by virtue of the Bonds being "arbitrage bonds". The Public Agency will not use the proceeds of the Advance to pay, finance, refinance, oc reimburse itself Eoc the cost of property used directly or indi- rectly in any trade or business carried on by any person other than a governmental unit other than ae a member of the general public; provided, however, that tha Public Agency may use the proceeds of the Advance in such a manner it it complies with the provisions of Sections 2.02(a)(2) and 2.01(i) of the Participation Agreement (relating to maintaining the tax-exempt status of the Bonds, retention of title to the Project and obtaining written approval of the Administrator, the Banks and Bond Counsel). 6. The Public Agency is a Taz-EZempt Organization (aa defined in the Participation Agreement), validly existing under the Constitution and the laws of the State of Florida, with full power and authority to own its properties and conduct its business as presently owned and conducted and to the best oC our knowledge, after due inquiry, is not in violation of any lava material to -2- _. REOUEBT FOR ADVANCE The undersigned, the duly authorized Aayor of Tne cicv of atlantic seach Florida (ihe "PU is Agency") sub- mits this Request for Advance on behalf of the Public Agency Eor 5117,774.93 __purouan o ec ion o a ter sin Participation Agreement by and between the First Municipal Loan Council (the "Council"), and the Public Agency dated as of August 26, 1986 (the "Participation Agreement") and relating to the Council's Florida League of Citie9 First Municipal Loan Program (the "Program"). The Trustee shall disburse the amount requested herein to the Public Agency Eor the purpoae(s1 listed on composite Exhibit A attached hereto and made a par t. hereof (collectively, the "Project"). Attached hereto as composite Exhibit A are certain docu- ments which among other things, (i) verifies that the amount requested herein does not exceed the cost paid or inc4rred by the Public Agency for such Project prior to the disbursement of the funds requested herein and, when disbursed, the total amount dis- bursed to such Public Agency pursuant to Sections 4.03 and 4.04 of the Participation Agreement does not exceed the Public Agency's Loan Amount as set forth in Section 3.01 of the Participation Agreement unless a writing has been attached hereto signed by the Administrator and the Agent Bank stating that the Public Agency is eligible for such increased amount and (ii) sets out all neces- sary information concerning the useful life expectancy of the Project (or to the components of the Projee[ iE the components will be listed separately on the Public Agency's depreciation schedule). The undersigned, an behalf of the Public Agency, hereby certifies that: 1. The Project (aa described in Exhibits A and B) has been purchased, ordered ar installed by the Public Agency and payment therefore is due and owing within 30 days of the date hereaE or hoe been previously paid by Borrower and the disburse- ment of the Eunds herein requested has been approved by the Administrator and ehe Banks. 2. except [or any portion of amounts disbursed pursuant to this Request for Advance representing reimbursement for prior expenditures, the Public Agency will Eully expend the r CITY OF 1~Alaardie ~caek - ~loTida September 15. 1988 Mr. NSlliam I. Collins 129 Nandim Circle Ponta Vedra Beech, Plorida 32082 Dear Nr. Collins: )16OCEAN BOULEVARD P. O. BOX 26 ATLANTIC BEACH. PLOamA erta9 TELEPHONE lead Y~&2te6 I e• pleased to inform you the City Commission, af[er public hearing at !ta regularly scheduled mee[ing on Monday, September 12, 1988, gran[ed your application for an exception to operate a mini self-service car-wash in con]unctlon with convenience food store/gasoline Complex already approved, in a CL zmning district. Pleace contact Rene' Mgera, Comunity Development Director, at 249-2395 iE you have any questions regarding this action. Sincerely, Richard C. Pellowa City Manager cc: city llevelopmen[ Director ty Clerk CITY OF s~Ratle $taek - ~lesidlt t160CEAN BDULEVMD _---._-_ _ _- ____ P. O. EOX rb ATLANTIC BEACH. FIURD)A 94119 ~\ TELEPHONE 190111H2196 Septesber 15, 1988 Mr. Al Leck, Trustee Pirst Baptise Church of Atlantic Beach 1050 Mayport Rosd Atlan[Sc Beach, Florida 32233 Deer Mr. Lack: I n pleased to inform you the City Comleelon et its regular seating on Monday, Septesber 12, 1988, after public hearing, has granted your application for exception to operate as adulC day care center in a CG zoning district. Please contact Cossunity Development Director Rene' Angers, at Z49-2395 if you Mve any questions regarding this action. Si~nce~re ly, . JC,..I_~J) 2~ . Richard C. Fello9re City Manager cc. nity Developsent Director ty Clerk 14.- in '. CITY OF J'~AaQCC ~iQtlt - 7lotlt~a September 16, 1988 Theodore Aggelie, Deputy Chief Florida Department of Labor and Employment Security Division of Workers' Compensation Bureau of Industrial Safety and Health 2l5 Market Street Jackaomille, Florida 32202-2888 Dear Mr. Aggelie: i160CEAN BOULEVARD P. O. BOXffi ATLANTIC BEACH, iTOamA 32633 TELEPHONE ImNl 2~aZf96 Th1e rill eeknwledge receipt of your letter of September 13. 1988, with enclosed report on the safety and health inspection conducted in Atlantic Beach on Augue[ 23, 1988, be Edgar Maroon. The City of Atlantic Beach rill begin iseediately to rectify and abate the problems outlined in the report. Pire Chief Walter Rar, Jr., [he Clty'e safety officer, rill be actively working with the various department heads to comply with the recommendations in the report and re should be able to confirm compliance within a short period of time. In [he meantime, please feel free to contact me or Chief Rev directly. SSnce Richard C. Fe llowe CSty Manager cc: Chief Rer Department Reads ^ ~,_,>~. Section 2. Should any section or pr ow SSlon of [his Ordinance, or the application of any pr ow islon of this Ordinance be declared by [he courts to be unconstitutional or invalid, such declaration shall no[ affect [he validity of the remainder of Chia Ordinance. Section 3. ~ iha[ all Ordinances or parts thereof [ha[ are in conf lic[ with this Ordinance be and [he same are hereby rescinded and repealed. Section 4. This Ordinance shall take effect immediately upon its adoption. ! f f • • • # R R • f # Puesed by the City Commission on first reading Passed by [he City Commission on second b final YSlliam S. Howell, Mayor, Presiding Officer Approved as [o form and correctness: Claude L. Mullis, CS[y Attorney ATTEST: Adelaide R. Tucker, CS[y Clerk -- _-.-_ }, The inspector shall sign and seal [he inspection report vhich includes a certification that: (1) The beachfront lighting has been constructed in substantial accordance with [he terms of Chis section. (11) The beachfron[_ligh[Sng does not illuminate 7. The use of red, yellow, or orange lights is permitted where security or safety is a concern, shielding Ss impracticable or visibility from [he beach cannot be prevented. Lov pressure sodium lights are also acceptable. b. Lighting for pedestrian traffic. L Yeeeh--eeeeee-pe#nEer-done-ereeeerers-beach-re}kveysr p}etc--er--eny--eEber--etrnelere-en-ee-seererd-a€-!he pr#mery--drne--dce#gned--€er-pedeeEe#ert-!re€##e-she}} nx--4he--m#n#mnm-emennE-ef-}#gME-necessary-Ee-ensure eefely- Beach access points, dune crossovers, beach walkways, piers or any other structure designed For pedestrian traffic shall use [he minimum amount of light necessary Co ensure safety. These lights shall be low profile luminaires, low pressure sodiua, or of low intensity and recessed, or shielded so that the source of light does not directly illuminate [he beach. 2. Pedestrian lighting shall be cf low wattage and recesaed or shielded so chat only deflected light may be directly visible from the beach, or low pressure sodium lights may be used. c. Beachfron[ lighting approval: Prior [o the issuance of a Certificate of Occupancy by [he Bu Slding Department, compliance with the beachfront lighting standards as set out in this section shall be approved ae follows: Upon comple [Son of [he construction activities, a registered Florida architect or professional engineer shall conduct a site inspection vhich includes a night survey with all [he beach front lighting corned on. 2. 'ihe inspector shall prepare and report [he inspection findings in yr it ing to the Building Department identifying: K:ye_._... ... -- m. Pole Lighting: LSgh[ fixture se[ on a base or pole which raises the source of [he light higher Chan forty-eight (48) inches off [he ground. (2) Purpose and Appllca[SOn IC is [he policy of Che Ci[y of Atlantic Beach, Florida Co minimize artificial light illuminating area of Che beaches. No artificial public at private light source shall directly 1l laminate areas seaward of the primary dune where it may deter adult female sea turtles from nesting or disorient hatchlings. a. Controlled use, design and positioning of lights. 1. The use of lighting for decorative and accent purposes, such as [hat emanating from spotlights or floodlights, is prohibited if visible from ocean side of dune or vegetation line. 2. Abe--nel--e€--}€ghle-€ee-ee€e!y-ertd-neen!#Fy-pnlpeeee she}}--be--}fm}led--ee-lhe-mfe}enm-enmber-lean}!ed-Fe etA}ere-!he}r-fence}ene}-re}efs}. 3. 4. Wallmoun[ fixtures, landscape lighting and other sources of lighting shall be designed and/or positioned such chat light does not directly it laminate areas seaward of the primary dune. 5. All lights on balconies shall be shielded from [he beach or low pressure sodium lights may be used. 6. Lighting in parking lots within line of sigh[ of the beach shall be positioned and/or shielded such that only deflected light may be visible Erom the ground level of [he beach. _;_ Fixture ligl,[s shall be designed and/or positioned such that [hey do no[ cause direct illumina[Son of areas seaward of the primary dune and [hat only deflected light may be directly visible from the ground level of [he beach. -,~ ,. b. Beath access point: Shall mean any path through or over [he dune used by [he general public or private property owne is for the purpose of gaining access Co the beach. c. Beach: That area of unconsolidated material along [he Atlantic Ocean that extends landward from the mean low eater line to [he place where [here Ss a marked change in material or physiographic form, or to the line of permanent vegetation (usually [he effective limit of storm eaves). d. Building Department: This is the Code Enforcement division of the Ci[y responsible for issuing all building permits, inspecting and enforcing all building and zoning codes. e. Dune: Shall mean a mound or ridge of loose sediments, lying landward of [he beach and depoa i[ed by any natural or artificial mechanism. Floodlight: Reflector type light Eix[ure which is attached directly to a bui]ding or post and which is unshielded. g. Ground-level barrier: Shall mean any natural or artificial structure rising above [he ground which prevents beachfron[ lighting from shining directly onto the beach dune system. h. Low Profile Luminaires Light fixture se[ on a base which raises [he source of the light no higher than forty-eight (48) inches off [he ground, and designed in such a way that light is directed downward from a hooded light source. 1. Nesting Season: Shall mean [he period from May 1 through October 31 of each year. j. Nev Development: Shall include nee tons[ ruction and remodeling of existing structures when such remodeling includes alteration of exterior lighting. k. Permitted agent of [he State: Shall mean any qualified individual, group or organization possessing a permit From DNR to conduct activities related to sea turtle prc[ection and conservation. Person: Shall mean any individual, firm, association, joint venture, partnership, estate, trust, corporation, group, state officer, or unit of federal, state, county, or municipal government, and all other assocla[icns and combinations, whether public or private. _p_ ORDINANCE NO. 95-88-3] AN ORDINANCE AlfET1DING THE ORDINANCE CDOE OF THE CITY OP ATLANTIC BEACH, FLORIDA; AMENDING CRAFTER 5, CREATING ARTICLE III, PROTECTION OF SEA TURTLES; PROVIDING POR LIGDTING STANDARDS POR NEW AND E7CISTINC DEVEWP!ffi1T; PROVIDING DEFINITIONS; PROVIDING POR SEVERABILITT; PROVIDING PENALTIES; PROVIDING FOR CONPLICTINC ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, [he beaches of the City of Atlantic Beach, Florida, serve as a prime nesting habitat for hundreds of sea turtles, and WHEREAS, [he sea turtle is an essential member of the food chain and hes been identified as a threatened and endangered species, and WHEREAS, rapid coastal development threatens the survival of turtle ha[chlings because the artificial lights cause dlsorien[a[ion in young ha[thlings, and WHEREAS, [his Ordinance is necessary [o protect Che natural reproductive cycle of the sea turtle during [he nesting and hatching ecnnuns wLld, ruuv Cann May 1 lb rough UcCUber Jl each year, and WHEREAS, [he protection of sea turtle ha[chlings is in [he interest of the public health, safely, and ve lfare, and WHEREAS, the City Commission feels [ha[ i[ Ss in the best interest of the citizens of the Ci[y of Atlantic Beach, Florida, [o amend the Zoning Code of Ordinances as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COI4fISSION OF THE CITY OF ATLANTIC BEACH, FLORS DA: Section 1. Chapter 5, is hereby amended Co create Article III, which shall read as fol loos CRAP[ER 5 BEACHES ARTICLH III. PROTECTION OP SFA TURTI Vc Section 5-25. General Provisions end E:cep[ions. Outside Lighting in Beach Areas. (1) Interpretations of certain terms and words are to include the following: a. Artificial light: Any source of light emanating from a manmade device, including but not limited [o, incandescent mercury vapor, metal halide, or sodium lamps, spotlights, street lights, construe [ion or security lights. This shall not include ElashllRhts vehicular 1iRhts indoor lighting. :;.......r. C autv#vorer-d#eebkl#c~-and--#ee~t~--Meuranea-vtogra.;-and-.any-,+orawr.~ compenemaleer~ene~f4em. 1. The votmal retirement oenslon oavable to a member of the Section 2. This Ordinance shall cake effect upon its adoption. * * * * * * R * * * R * R Paaeed by the Ci[y Comiesion on Eirst reading Passed by [he City Cosiea3on on second b final reading Yilliam I. Gulliford Mayor pro tam, Presiding Officer Approved as co form and correctness: Claude L. Mullis, City Attorney ATTEST: Adelaide R. Tucker, CS[y Clerk < '- Section 2-2%. Member Comtrl6utlone. to-~-aria-ehe}}-Ehe-avenue}Eeed-eaeunE-ef-pewe#ee-pefd-a-xebet-ef iha--iaa#rams--ayseaer-er-Ehe-ennee}#eed-a~eeel-ef-a}}-peeefene-paid-en eeeeawE-e€-eAa-deeNref-a-sesber-exceed-the-differeirce-beeeeenr E}~--8#BMYf~-pereenl-ef-lhrweeberle-fine}-erere8e-ee~npeneetien; aed f2f--i'he-~eaberie-#w4t#e}-ennee34zed-pr#rry-#neere~rce-aeevnt-under , !he-€edere}-w}d-e8er-eurv#verer-d#esi!}##y-aM-haaiEA-Saewsaaar __~_-#w--t6c--evenE--e€-Fha--JaaE7aaE-Hw-wabafr~a awnse}#eed-pet#ed#e-bewef#E-pe#d-by-E7~e-€Nera}_a#~a8a, -4- eeE++it1+e[andE+~-t*et-tkrweebereny-wet-kerreetiefied-[iK-M~MSHene-ef tYC-tiaMwt. Sectiw 2-285. ~>>v awcot of pemion. A-a..-.s~E~-.-s.ils...wa~yate..Ihs-Mss-€i~.e-ES}~wr+sreyroe=w~ sssiissi-yswlw--ia--€sreeyag-wes~tastwa~ew-~tsisay~rMemi~he~esrdb€ eweseM_-€iNs-~---w-a.peM.s6~.pee-EMsiembe.-ferbE-leeec-fifer-Fse} pessemG-~EJtia(JMC-wPPaK~11G-tB-liE~k~f-&iseslld~-membsr--A"mem6sr~er fiesaslsk-yssee~___'Fi~s-ssmieafiee-sf ~essEicisey-ehef~~c-ie-rrteissbed fLkd~4tM~AsiesrNbft+_wserrr-FMs-nemisec4eebf~f4sfsty-ahe}}-Ms eekk-led--Ni~iypie-fMl~mlfbsa=a-tofkeemlflfll~rlOT-!ee'fieRfflR-efK42r Mp~l~mMfr--'DplQ--l~fl-~edeh--Sf aylebll~YMS-Mee~1.R~fd~lleeiMfeMbf beee~4efs~f`--fs--fxesr-eMe~eerEfeksr'yrtf-I4rfasrbhell~-0s-paid-s-leak ofrsishl--kefs-7eesis+*-Kempsled--eeesrdi*6-ee ^-e~oR-292Bk-hr-fhe-eems msewer--4e-elk-tespeeesas-tE-N+eyeebsr-hsdc2eeeed4plfen-k-pre'tded-ler 5eefiew___Z.•}g~__bs,}__~~.}ted__~~__~~__ ______..o__irisf#r_r-deseirc _;_ in the manner specified in this secclon. My member retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the Eoazd of trustees for that purpose to determine Sf such disability has ceased to exist. Section 2-283. Death while is city employment; eleeti~e wrvi~or pension. i}~et-t}etmember-ia-menea}firer-pl.ye#aa};Y-te6aaay-iaeepeeiteeed iar--raatimwad-amplayasai-bi'-tAa-City-that-the-iweapeitY-wi3i ,pryyabyy-yo-r •- _md-tha-wmLar-ahawl~Lba-rat{radi ja)__TLe-_bwatd-_<f__ttyetaaa-auucuta.witirth~eeeaitieetiew-af th~nedi,caLdiroctar. L,b)--79a--craditai-tata~taa-eagntresent-4er-d}eaMiily-eetixaeM-ia aa-Sallawt {i~-iswiit-grewp-tt:w--r{,~{~-Yeaea} {2)__Jemetit-grawp-palteat--8lva-{~-Y~e1 {3)-iew€4t-BawtSeweea-l~--Fi+~{ij_Yeera . -Z- Eeem}mee}en--s}--a}ty--amp}eymener---the--d#eeb4}#ey-cee#cemene ehe}}-be-enb}cal-ee-ecee}en-}-288. (3) A member will not be entitled to receive any disability re[iremest income if disability Ss as a result of: ~.,., ORDINANCE N0. 58-BB-13 AN ORDINANCE AMENDING THE ORDINANCE CODB OP TBE CITY OP ATLANTIC BEACB, FLORIDA; AMENDING CBAPTER 2, ARTICLE VI, DIVISION 3, SECTION 2-262 1'O CLARIFY THE DEFINITION OP COMPENSATION 50 AS TO INCLUDE INCENTIVE MONIES AS DEFINED IN CHAP[ER 93.22 FLORIDA STAMES; REPEALIIIG SECTION 2-279 AND PROVIDING ftIR A NEN SECTION 2-279 70 BRING TeE DISABILITY STAKES YITRIN TBE PRAlO?IpQ OF CBAPTPR 175.191 AND CRAFTER 185.18; AIO~IIIC SECTION 2-283 Y'O ALLW THE EMPIAYEE TO CBOOSE RIS BENEFICIARY: M®IDING SECTION 2-280 TO BRING TBE MARIMUM AMOONT OP PENSION INTJ CONFORMANCE NITS PIARIDA STAMPS CBAPTER 112.65 SUBPARACRAPR l AND S06PABACBAPR 2; PROVIDING AN EFFECTIVE DATE 8E IT ORDAINED BY THE CITY COlD1I SSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 2, Article VI, Division 3 is hereby amended to make changes in Section 2-262, 2-279, 2-283, and 2-285, and said sections shall read as follows: GRAPIER 2 ADMINISTHAYION ARTICCe vI DIVISION 3. Retirement Syatu Section 2-262. Definitions Compensation shall mean [he salary or wages paid a member for personal service rendered the City.' Compensation shall include btse salary or wages, longev i[y pay, overtime pay, cos[ of living payments, salary or wages while absent from work on attoun[ of vacation, holiday, or lllnese, and incentive pay as defined Sn Chapter 943.22 Florida Statutes. Compensa[fan shall not Snclude redemptions or payments in conslderatlon of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item no[ specifically included. Section 2-279. Disability Retirement - General condition for eligibility. caj--Hpert--lhe--app}}eatten--ef-e-eewber-ef-Nee-re€}ramawi-syaCaw~s the--memberie--dcperlaeaE--headr--a-m»bac-la-bbo-arplay-a£-Chs efry-whe--beeemee--€efa}}y__awd--paarawaaaly-iwaapxiGatad_Soz amp}eyeene--by--ehe--E}ly--by--reeaen--ef--e-peraene}-4njery-er dlaaasa--awd-wha-bas-iw-€a:aa-iha-appllaabla-paciad-ai-afad}cad saralaa-spaal€Sed-iw-sabcaailaw-Fb}-way-6a-Lasifed-by-aba-baaid ssi}aai-ae-iha-€a}}er}wg-ee96}i}eaea 4}}__ghe-member-€e-mad}ee}}y-ewew}wed-by-es-awder-she-d}eeei}ew e€-iha-awd#ea}_d}Leefer} fd9--#'hs--wdlee}__d}eee€er--eer€€€#ee-Le-ibe-based-a€-isaefeee Fi1ei-iha-camber-}s_~ewia}}y_er-pbye#ea}}y_Lefa}}y_}weapee}Lefed r Page I4o Ordinance No. Passed by [he Ci[y Commission on firs[ reading Passed by [he Ci[y Commission on second b final reading Nilliam I. Culliford Mayror pto tem, Presiding Officer Approved as [o form and correctness: Claude L. Mullis, Ci[y Attorney ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE N0. 55-88-22 AN ORDINANCE AMENDING THE ORDINANCE CODE OP THE CITY OF A17.ANTIC BEACH, FLORIDA; AMENDING CRAFTER l6, SECTION I6-7, SUBPARAGRAPHS 1, 2, AND 3, TO PROVIDE POH AN INCBEASE IN F.PSIDENTIAL lYASH AND GARBAGE COLLECTION; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COPLMISSION OF THE CITY OF ATLANTIC BEACH FLORIDA Section 1. Chapter 16, Section lfi-7, Subparagraphs 1, 2, and 3 are hereby amended to read as follows: CHAPTER 16 REFUSE AND GARBAGE Sectfoa 16-7. Peee for collection All residents, occupants and Dune rs of premises in [he City who have not arranged for private disposal of garbage and crash as elsewhere authorized in this article shall have the accumulations of garbage and trash zemoved and disposed of by Che Sanitation Beparemene Division of [he City, and for [he service of garbage and [rash removal shall pay the dizectwx-a€-€}aenee City of At lancic Beach [he sums shown below for each service: (I) Residence A unit: For each residence A unit, henry-erte do}}ara-F;2}„DO} thirty-six dollars (536.00) per quarter. (2) Residence B unit: For each residence B unit, t~ertty-one de}}ara-Fib}r68} thirty-six dollars (536.00) quarterly per living unit. (3) Residence C uni r. For each residence C unit, t.eney-orte daLLaFS-(;2~L.69} thirty-six dollars (536.00) quarterly per living unit; }€~fen€ra}-pfcknpcf-SarbaRc-ertd-crash-pFeced-f~n aaatala6Far'~MpaFeMr-twa-F2}Z-eb}eyrerda-f nrer4shed-and maiaca1wdky-chaff.4Fyr-ene~undred-f<rty-F}ra~eLFars (,.f14S,04}~.acieFLy~F-eexFaiwerr•ene-dablar-artd-Mkrtr-€£rc oats-(SL 3S}. if central pickup of garbage and [rash is required as determined by [he director of Dublic services a container or dumpster will be furnished and maintained by the City and the cos[ [hereof will be one dollar and thirty-five cents (f1.35) pet yard pet pickup. Section 2. this Ordinance shall become effective January 1, 1989. A- - 9t- November 2, 1988 Mr. Greer C. Tidwell, Regional Adm. United States Enviroruoental Protection Agency, Region IV 345 Courtland Street Atlanta, Georgia 30365 Re: Public Hearing Lambert Seafood Company NPDES No.: FL0040576 Dear Mr. Tidwell: OFFICE OF 7HE bL1YOR rHOws t. x.voua) ' la<Asem rlle. Flor~do )2?0? I would like to thank the Environmental Protection Agency for scheduling a public hearing regarding the proposed issuance of a- National Pollutant Discharge Elimination System permit to Lambert Seafood Company. It is very important that the people of Jacksonville have the opportunity to comment on the environmental impact of this plant. I would, however, request that you consider moving the hearing - from the Hospitality Inn, which is in downtown Jacksonville, to a location closer to the proposed plant. We would like for anyone who may be affected by the issuance of the permit to be able to attend the hearing. Please let me know if I can be of assistance in finding a location closer to our beach communities. Thank you for your Consideration of this request. With best wishes pnd warmest personal regards, I remain (}~ V / :.THOMAS L I " TLH:a cc: 'Congr ssman harles Bennett Councilman Jim Jarboe Mayor William S. (Billy) Howell/ Mayor Iah Brant Mayor Robert O'Neill ~::.. ,. r CITY OF ATLANTIC BEACB Employee Assistance Program 3 Month Evaluation Report 1988 Year PROCESS EVALUATION - Period of July 1 Chcough September 30, 1988 PURPOSE: This brief report is a collection of statistical data pertaining to the operation of the EAP program. The data represents program utilizaticn and does not in itself display the efficacy of the pr og cam. EVALUATION/COUNSELING SESSIONS: The program had ~~ clients enter the program for initial evaluation and counseling. The types of referrals and the types of probelms presented are as listed below: ~~ Self -L Management -2- Family ~ Other ~ Alcohol/Drug ~ Psychological ~ Marital/Family Q Financial Q Legal ~ Stress Related ~ Other 1. TOTAL NUMBER OF COUNSELING SESSIONS: ~§_ 2. TOTAL NUMBER OF NEW CLIENTS: 1~ 3. TOTAL NUMBER OF CLIENTS IN THE EAP WHO ARE RECEIVING ADDITIONAL ASSISTANCE FROM OUTSIDE AGENCIES: 1_ 4. MANAGEMENT CONSULTATIONS: ~_ Manager Consultations were held with an EAP Counselor. 5. REFERRAL CONSULTATIONS: ~,L Sessions were held with outside agencies. 6. HEGPLZNE CALLS: -L Employee contacts were made through the Aelpline number. TOTAL NUMBER OF CONTACTS FOR THIS PERIOD: ~~ (TOTAL OF 1,4,5 AND 6 OF THE ABOVE) *Hazelden Benchmarks 7.5$ = 8 Clients Annually REAP/Cty of At1.8ch. Expected Utilization 108 = 10 Clients Annually Actual Utilization (Annualized) 528 = 52 Clients Annually *Haxelden 1983 6~S Merrill Lynch Citp of Atlaatio Haach eun Bank--Intaraadiata Tizad Incoaa Turd Portfolio characteristics June 70, 1988 Average Maturity 2.8 years Average Coupon 8.3$ Average Quality* 2.66 Current Yield 8.46$ Divarsifiaatioa Reserves 2$ Government 0$ Agency 3$ Corporate 1a$ Finance 50$ Utility 23$ Other 4$ 1~ aun Bank--Ii:ad Inaoma Tend Portfolio Caaraatsriatica Average Maturity 5.9 years Average Coupon 9.2$ Average Quality*, 3.1 Current Yield 8.95$ Divaraifieatioa Reserves 58 Government 46$ Agency 0$ corporate 11$ Finance 33$ Utility 0$ Other 5$ *4.0=AAA, 3.0=AA, 2.0=A, 1.0=BAA 100 11 y.. ,. ~~.. r v c .. e vJ y U >` ~ h a ~ > ~ ~ > o OoO~ ( ap c N Ir_ ~ I I ~ -! G Q Z 4 _ 111 111 I q ~ = _._i __.___~ i _ h W m -_ ~ _-_ _, I ~ N W~ J ¢ I____.._. i I > ~ ~' ° ~ ~ v _ . _-. m j; ~ ~- ~-- _ Q Q ~ ._.;____..._- - _ 1 ~ J N O ao ~o o N O N ae ¢m-~.c ~~~, ~~a 0 ~ a a ~ = c ~ ~ o ~ C1 ~ wo w a m J 1~ ~I 1~ Y: ~ 6~,S Merrill Lynch FZSED INCOME PERFORMANCE For the quarter ended 6-30-86 your fixed income portfolio return vas +1.3$ vs. 0.8$ for the intermediate term bond index. • For the last nine months, your fixed income portfolio return has been +9.5$ vs. 9.4$ for the intermediate term bond index. * The avenge maturity of your bond portfolio on 6-30-88 vas 3.4 years. 9 ~- t. t. L_._~_ 6~£,S Merrill 6ynch City of Atlantic Beach Sun Bank Corporate Equity Fund June 30, 1988 $ of Tota Fund Cash i Equivalents 13.0$ Convertible Securities: Telecomm. Pfd. A 6.5$ 8/15/11 2.1 IBM 7.875$ 11/21/04 1.9 Telcomm Pfd. A 6.5$ 8/15/11 1.6 Other .6 cocoon stocks: Alberto Culver "A" 1.6 American Express 1.4 Amoco 1.9 Apple Computers 2.1 Bristol-Myers 1.7 Browning Ferris 2.1 Champion Int'1 1.7 Colgate Palmolive 1.6 Computer Associates Int'1 1.6 Computer Sciences 1.6 CPC Int'1 3.6 Digital Equipment 1.2 Dow Chemical 3.0 Eastman Kodak 1.2 EXXOn 1.1 General Electric 2.8 Genuine Parts 1.1 Gillette 2.0 Gulf Canada Resources 1.1 Johnson 6 Johnson 3.7 Kinder Care 1.9 Liz Claiborne 1.2 Masco Corp. 1.2 Hasco Industries 1.3 Merck 1.0 Minnesota Mining S Manufacturing 1.7 Monsanto 1.2 Parker Hannifan 1.8 Public Service Enterprises 2.3 Quaker Oats 1.4 Reuters Holdings 1.5 Tandem Computers 2.2 Telecommunications Inc. 1.6 Walmart Stores 2.5 Waste Management 1.1 Others 18.6 100.0 8 «- s ;~,_. 6~3,S Merri116ynch city of Atlantic Beach Sun Bank Corporate Equity Trust--Portfolio Characteristics 6-30-88 - sun an S 6 p 500 Dividend Yield: 2.64$ 3.56$ P/E Ratio 14.7 14.7 Beta 1.07 1.00 Market Capitalization ($B) 9.2 13.7 INDUSTRY DIVEReIFICATION Sun Bank S & P 500 Building 5.1$ 1 8$ Consumer Discretionary 12.2$ 13.0$ Consumer Staples 18.3$ 13.6$ Energy 8.4$ 12.8$ Financial 3.9$ 7.6$ Health 9.5$ 7 8$ Materials and Processing 12.2$ g,7$ Producer Durables g,g$ 7,1$ Technology ~ 11.1$ 15.1$ Transportation 2.8$ 2.2$ Utilities 6.5$ 10.3$ Other 0.3$ 0.0$ 7 f.,,. r. i V C~- r .7 vJ 2 W b j e~~ p~ ~ N G ~Z4 0 V ~wm m J ~~~ oQQ Z `~ o O o m 0 P [_I i 1_ ~l ~~iq ---, , o t ~ i 1 ' ~o n 0 _.t--1 J h O h O h O N O F N N N ~ ~ ~ ae ¢m-~~c n ~n n N N N N n a ~u m a ~ k a ~ ~ a '~ a ro W ~ ~ fi 6~S Merrill lynch EQUITY PERFORMANCE * For the quarter ended June 30, 1988, the equity fund earned 4.28 vs. 6.7$ for the S 6 P 500. + For the last 9 months, the equity fund has had a return of -10.0$; -12.73 for the S S P 500. 5 a_ .. L V C -- ~ i ~ I ~ W ~ ~ i al 1 I V O y Q 0 C~l ? ~Wa Q ~ W ~- ~ O~ m ~.-_- i ___~ N ~ ~ I ~ I ~ Q U~ ~ J O Q ~. ~ ~ ~ ~ ~ O ~ w fo N ~ r m m m --• 1 ~ O N N N (~ i -_ ~ ~ I Q O N - b O N O , J b D y iR QVI~ ~~ D ~ e ~ C C .W.. ~ D ~ U O h ~ O 2 4 i v G ~ - T ~ n ~ ~ m V a (tj +~.. ~ 3 m o ~ OO ,U C3 ~,~ "r a r ~.. ~L N 1 4 Q~ o ~ ~ ~ ~ _ U N ~^ ~ i- 00 °o ~ ~ -- °o °o --- ~-- °o 0 0 0 0 0 0 0 ~ 0 0 ~ a 0 uo~ ~:.. N1 y O w bl .7 ro N a m N b a r .. a a+ ~ a~ o n C b ., ., u l ~ e m 4 Y M 7 w u d ~ N] ~ n R o n In a 10 0 g a n rv z o rv m o+ o In .. .i rl M nl I I a& ~ V 1p 1p C ID r ~ 4 Y l ~ b ~ Q Ill n b n n 10 N 111 r1 OI l0 10 to .~I rv v e e n b N .! .i .y +1 O H .-. ~ ... .-. ... .-. w M O V O N v O Jl .-1 N 10 V Ill n N Q n n Y / ~. .... ... ... L b H U N N rl N V N n t.l p} O1 N W a 7 W N N N C ID ri N m V / u y .i > 7 N Y C O O .i ~ X X O V ~ v b o y w u e e ° a c 7 o c r u w .. .+ w N o a m w W N N y U u o u rl w .+ m u H T b -~ / .i b Y o o ~ a " a a m - + o ~ E ~ V F w V 41 N [r w.=. .` t a 0 x x ~ C ~tqy hb O~ wM ~l~ U `y Q N O ~0 ' " ~ ~ rn ~ ~ C ~ ~ ~\ w C ~ o ~ ~ .. J ~ o. ~ M o ~ ~ ~~ ` ~ ,a,, ,~~~~ ~ ~ ~ ,,, ~ Cp ~ E ~ ~~"~~ ~~~~~ Q ; ~~ ~ ~ ~ ~:~ ~~~ ~ /-~ ~ N ~ ~ ~ ~ ~ ~~~` ~qV\~~~~ ~~ ~ ~ ,.~ y.. ~o ~~ IO \ .; h of Uh ~M '~ O Q k 2 ,w- :_ Merrill 6ynch TOTAL PORTFOLIO • Total fund Value as of June 70, 1988 was $1,673,920. * Increase of $31,607 from the previous quarter. • Increase of $48,920 from the original investment. * Total fund return for the quarter was +2.1%. • Total fund return year to date was +6.5%. * Total fund performance was slightly less than the 30/70 Policy Index of 2.5$. * Fund allocation on June 30, 1988 was as follows: Equity Fund $469,595 2a.1% Intermediate Bond Fund $1,034,728 61.8% Fixed Income Fund $152,478 9. 1% Cash $17,120 1.0% $1,673,920 100.0% 1 a:s Merri116ynch August 28, 1586 Merrill Lynch, Pierce, Penner & Smith Im~. 36W SoufA 7Tird Street Post O11ice Box SI3tlf1 lacYsonvilk Beach. Florida 3?25U 909 299 7255 Mkaael A. GBrrway Vice Resident M<89u A. Spires Rnancial Consultant city of Atlantic Beach - Employee Pension Fund Trustees 716 Ocean Blvd. Atlantic Beach, Florida 32233 Dear Trustees: I As of June 30, 1988 your total portfolio was $1,673,920. This represents an increase of $48,920 from the original investment made on October 1, 1987. Your actual total fund return since October 1, 1987 was ' +3.4$. Although specific relative ranking are not available for the nine month period, we feel your fund's return of +3.4$ is quite satisfactory given the condition of the market. The stock market (S & P 500) produced a return of -12.7$ for the same period. Your positive rate of return during this period is obviously a result of your very conservative asset allocation policy. Both your equity and fixed income portfolios have slightly outperformed their respective indexes since inception (last 9 months). If yov have any questions regarding this report, please feel free to contact me. - Sin /c / /e/ ' / y //~ /l y , / 1/`l~- Michael A. Callaway MAC/bjb . 6~S Merrill 6ynch City of Atlantic Beach Employees' Pension Fund June 30, 1988 Summary Michael A. Callaway Melissa A. Spires Merrill Lynch 3600 South Third Street Jacksonville Beach, Florida 32250 904-249-7255 iv. J' [- ~~:..... ~l~ :~ ~~ <:..; ,. SMITH AND GILLES PIE ENGIN EEN S.INC. The Honorable Mayor aRd Ci[y COmm1s510R City of Atlantic Beach 56G Project No. 8505-12-01 October 18, 1988...Page 2 This plant expansion would be based on the Carrousel activated sludge process and would give the City a total plant capacity of 6.5 HC D. We believe [hat this total plant capacity would be adequate for buildou[ of the Regional Service Aree, excluding [he Nayport Naval Base, which has indicated to our firm [hat they would not be interested in having the City of Aclant ie Beach handle [heir wastewater at this time. The Carrousel process has become very popular over the last decade due to its low cos[ of construction and operation. Furthermore, it produces and exceptional effluent, with typical values on the order of 5.0 mg/L of BODY and 5.0 mg/L T85. Our firm has designed wastewater treatment plant expansions for several of our clients using this process with great success. One of our more recent projects vas for the City of Bradenton, Florida, and this plant was chosen as one of the five best operated treatment plants in Florida this past year by the Florida Water Pollution Control Federation. Should Che City wish to look further into the possibility of using the Carrousel process, ve would be happy to arrange a field trip down to the Bradenton W'WTP for several of the City's staff to inspect the plant and Calk with the operators at the plant. Smith and Gillespie Engineers looks forward [o the continued opportunity [o serve the City of Atlantic Beach on this crucial project and if we can be of further service, please do not hesitate to contact us. Sincerely, Benjamin David Avery, P.E., ASLA SMITH AND CI LLESPIE ENGINEERS, INC. BDA/kb cc: Nr. Richard Fellows, Ci cy Hanager Nrs. Adelaide Tucker, City Clerk Claude Mullis, Esquire, City Attorney Mr. Don Ford, Acting Director of Public Services Nr. Tim Townsend, Superintendent of Voter and Sewer Nr. Harry McNally, Buccaneer VWTP SMITH ANG GILLES PIE ENGIN EEHS.INC. + sliaa JhCN50HVDILLE Ef LO HIDA 32201 190 h1 >a3 6950 IM µ~`~ October 18, 1988 The Honorable Hayor and City Commission City of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 32233 Subject: Proposed Expansion of Atlantic Beach Wastewater Treatment Facility Sfil: Project Ho. 8505-12-01 Atlantic Beach, Florida Dear Mayor Howell and Gity Commissioners: Pursuant to your authorization of June 27, 1988, Smith and Gillespie Engineers, Inc. prepared and submitted to the City the Feasibility Seudy on Consolidation of the City's and the Buccaneer Vas tewater Treatment Plants. This report vas accepted by the City Commission at their regularly scheduled meeting on October 10, 1988. According to your June 27, 1988 letter, authorization for Part 2 of our letter proposal for the design and preparation of plans and specifications for the expansion of the City's vas teva[er treatment facilities is contingent upon acceptance of the recommendations of our feasibility study. Smith and Gillespie Engineers, Inc. is therefore ready co proceed immediately with Part 2 of this project upon receipt of authorization from the City Commission. Ve wish Co make several clarifications vh ich ve feel will help Che City in deciding whether to move ahead with Ch is project. First, in our letter proposal for this project, dated June 23, 1988, ve stated [hat our [oval compensation for Par[ 2 of this project would not exceed ten (10) percent of the total cost of construction, unless agreed to in writing. Nov that we have an estimate of the cost of construction we are in a position co revise this estimate down to approximately six (6) percent of the Cota1 cost of construction. This number is i:, accordance with the fee cure incorporated into our continuing engineering services contract with the City of Atlantic Beach. Obviously [he final percentage will be determined based on the actual cos[ of construction at the time that bids would be taken on [he project. Secondly, at the request of the Mayor and City Hanager, we met with the City Clerk to determine what available land presently owned by the City is available for the expansion of the Atlantic Beach Vas[ewater Treatment Plant and whether the land area is adequate for all future expansions necessary for complete but ldou[ of the City's Regional Service Area. Based upon information received from the City Clerk and after careful evaluation of the available, undeveloped area presently owned by the City, ve believe [hat there is adequate land to construct a 4.5 MGD plant expansion at the Atlantic Beach Wastewater treatment Plant, crosisting of two parallel 2.25 MGD treatment plants. The Facilit The Community plans to construct the Facility on a portion of approximately 153 acres of land owned by the Community. The first phase is to consist of a community center, 108 residential apartments, a health care center consisting of 20 personal care beds, a clinic and 59 skilled nursing beds, 13o single family cottages and 66 duplex cottages. See "THE FACILTY". Nature of Obligations To the extent not paid with money drawn under the Latter of Credit, and except to the extent payable from the proceeds of their initial sale, the Certificates will be payable solely from revenues of the Community obtained through the operation of the Facility. To provide for the payment of the Certificates, the Community has caused Banque Paribas, a banking organization existing under the laws of France, acting through its New York, New York branch pursuant to the Reimbursement Agreement to issue its irrevocable, direct-pay Letter of Credit to be dated the date of delivery of the Certificates. Pursuant to the Letter of Credit, the Bank is obligated to honor drafts to pay the principal and interest components and the Demand Purchase Price of the Certificates. The Letter of Credit will expire on August 18, 1995 unless extended by the Bank. The obligation of the County to make the Installment Payments is limited and the County is so obligated only to the extent of money provided by the Community pursuant to the Sale Agreement, including the proceeds of the Letter of Credit and of money realized through the disposition of collateral for the Certificates. The Certificates are not payable through taxation and neither the Certificates nor the obligation of the County to make installment .payments are a debt of the County or of the State of California, or any political subdivision thereof, within the meaning of any constitutional or statutory limitation. Available Information In addition to the information contained herein, the Community has authorized additional information to be provided upon request from a prospective purchaser of the Certificates in this offering. Inquires should be directed to the Community in care of llr. John Rape, Underwood Neuhaus 6 Co. Incorporated, 909 Fannin, Houston, Texas 77010. SUMMARY STATEMENT This Summary Statement is subject in all respects to the more complete information contained in this Official Statement. The offering of the Certificates, as hereinafter defined, to potential investors is made only by means of this entice Official Statement, including the Appendices hereto. No person is authorized to detach this Summary Statement from this Official Statement or otherwise use it without this entire Official Statement, including the Appendices hereto. Definitions of certain words used in this Summary Statement and elsewhere in this Official Statement are set forth in Appendix B hereto. The Offering The offering consists of L61,650,000 principal amount of Riverside County, California 1988 Variable Rate Demand Certificates of Participation (Air Force Village West, Inc. Project) to bB issued by the Trustee pursuant to the Trust Agreement. Each Certificate consists of a proportionate interest in the right to receive Installment Payments to be made by Riverside County, California pursuant to the Purchase Agreement. The County Riverside County is a duly organized and existing political subdivision of the State of California and is authorized by California law to enter into the Purchase Agreement, Sale Agreement, and Trust AgieeBment. The Coaammity The Community is a California non-profit corporation incorporated in 1984 for the purpose of providing retired U. S. military officers, their wives or widows, and dependents with housing facilities and services specially designed to meet the physical, social and psychological needs of those persons and tg promote their health, security, happiness, usefulness, and longer living. The Community's sole business activity is the development, construction and operation of the Facility. Use of Proceeds The proceeds from the sale of the Certificates will be used to (i) finance the acquisition, construction, and equipping of the Facility and the initial operations of the Community (including the repayment of interim loans and payment of funded interest and Letter of Credit fees), (ii) establish a reserve fund, and (iii) pay certain costs of the issuance of the Certificates. See "ESTIMATED SOURCES AND USES OF FUNDS". NEW ISSUE Standard k Pswr's: AA+/A-1+ ($ee "RsslinH-herein) U tlsr oPb•tnrs of gdak Rod f. Canvball, SPn;ol C C wd•. rsvnng kw. reau/atbv a.d jadwl d•...ws. ad .a,.,.o~g o.wa rrM wseYr. aook saaarn rorrrsaro. tM po.tsm o(tlr butalinunt Peymnm Wd da Panty and dr,wmin.rrd m buernt at sAe Variab4 Rw sa•/s Radar AOw.swa (M•injsar dyfmd/ tad rru4.d by Nr Oux.. of dr Gn)kare. i. rsd~drd f^^..vo•• uvamrfvrhdrrd urlwo~~ utd Y sal an qat oltu svrfaranrlor muao+a• olsAe dsnmsivr niNnwn su trprrd on indnvdaa4 and mrpoewaa, asreor sAOt wrA miwh .av fit rakl«* M Ynka(oa a Ms adwrnd roe Md in.om• ud ad/u•ud n.ruu ..niro /nr.r.ur m•wrosws• h• p+>rorr• of oslsu4tusa ahwartor.r(rmsaafca646aonra /n the apmson ISwaa(Couwl,rlu ports 7dr lruallmem P.ywms•paid 6y dv Cm.,ry a,d daronwW r krt•rrs radar tAr hdar Apremme wd .weiead by she p,xm aJ W G.•ifrntm v r.nnyt J.o.r prsrnr Sae of ta~Irunn Paraarrd fassrv tam. Speal (.irarael spear ro osanan •rgadag otM Irdnal or ra4 inrome tar on,•evrnr.• rebtsng a the an+ual ,.. .wayd of the ianrnat osvponM of ur• InrW(mmt Payr~ma so w by (btu. o/sAr C•.skaa•. Sr'-fAT EXEYPDOh'.• Mein. •• ~arls~r~ 1968 VARIABLE RATE DEMAND CERTIFICATES OF PARTICIPATION AIR FORCE VILLAGE WEST, INC. PROJEC."C) _ videvcieR(( Ptoponfomle Interests Iv Installment Payments To Be Pa(d By The County of Riverside, Cali(umia Dated: August 15, 1986 Dur. August 1, 4018 Fxh Certlicale of Participation ("Certifinle") evidences a proportionate interest v(the (honer [hereof in Installment Paymenb [0 fie paW by the County of Riverside, California (tl:e "County") pursuant to au Inrtallment Purchase Agreemtnt, dated u of Assgup 1, I9BB (the "Purchau AgremenY') between the County and Air Force Village Wesl. Inc. (the "Community"), utsdp which the County will purchase the Site (hereinafter defined) and improvements thereon from the Community subject to the optlon of the Community to repurchase the same. At the initial sale and delivery of the CertlBeatn ~deseribed 6erety the Community will emrcirc its option to repurchase the Site end improvemeetz thereon. The Certificates are issued pusuant to and secured by a Trust Agreement among the Counpt the Cemmuniry and Security Paific NWOrmI Beek u trustee (the'Trustee") and will. Bareyt to the extern yable from the proceeds thereof sari other money and other secvdty pledged ihercfor, be payable solely from revenues otPthe Community az hereiru(ter described. To secure the ymeet o(t6e prncipal eland interest on the Certificates. Ib<Community haz arranged fur an irrevoable dusxt-pay letltt M coedit (the "Letter o(Credit") to be issued by BANQUE PARIBAS (the "Bank") The Letter a(Credit wJl espirc on August IB. 1994, unless extended by the Bank and will permit the Trustee to dre av amomt sv®Ment to pay (i) the principal of the Certi6catn hen due at the slated maturity thereof or upon redemption or declaration of acceleretion. (ii) uD to IIS days' acerued interet at the maximum rate of interest on the CertScattt whey due at any Interest Payment Date (az hereinafer defined) and upon redemption or declaration of aeeeleretlon. and flu) the Demand Purchau Price (hereinafter defined) in conntttion with optiosul or mandatory tender az described herein. The Certi6eatn are issuable az fully repstertd certificates in denominations o(g50.Of10 and any integal multiple thereof. The panripal components o(Certi6nles will be payable at the principal corporate trust oBce o(the Trustee. as paying vgrnt. The interest component oRhe Certificate will accme from (heir date until stated maturity or prior redemption, payable on the first Bssdxss 0.y (htteirtafler defined) on or after February 1, May 1. August 1, and November 1 (each an "Interet Payment Date"), of each yen commencing November 1. 1968. (merest on each Certificate u payable on each Interest Payment Date to each person who on the Peened Date for such Interest Payment Dale is the re~stered (honer of such CertSnte acrnrdivg to the books of the Trustee. Such interest is payable (i) by check mailed to such Owner at the address specified on [he books of the Trustee, (ii) by federal funds wire upon written request to the Trusiee by any such Owner xho owns not lea than g1,o00,o0D in aggregate principal amount off<rtifintes. or (iii) in any other reasomble manner az to which tificates arc sub)ett-to optional and mandatory redemption az more fully described hnein. nest component of the Certi6nte rill amrue initially at the Variable Rate. a variable rate of interest of not to ptt amum, to be determined weekly by Undnwood Neuhaus h Co. Incorporated, az remarketing agent (the ig Agevi ). The Certi6ntes are required lobe purchased on demand (in sWM compliance with the terms staled deaai0ed herein) o([he Owner thereof upon nobre and tender to Security Pacific National Trust Company u lender agem (the'Terder Agent"). From and to the extern of the sources described herein, at a price equal to prioripal ~mouvt Ihereo(pln accrued interest at the Variable Hate on any Business Day prior to the Conversion !fIT OF RIVERSIDE TO MAKE 7HE INSTALLMENT PAYMENTS PURSUANT TO IMBED AND I5 PAYABLE. ONLY FROM AND TO THE EXTENT OF LANDS E ACCOUNT OF THE COUNTY FROM THE COMMUNRY AND MONEY DMWN 1R REALIZED FROM THE SALE OR OTHER DISPOSR[ON OF COLLATERAL IHE CERTIFICATES ARE NOT PATAeLE IN ANY WAY BY OR THflOUCH CATION OF 7NE COUNTY TO SAKE THE INSTALLMENT PAYMEN75 NOR ANY F OF THE COUNTY OA OF THE SPATE OF CALIFORNIA. OR ANY POWTICAL IE MEANING OF ANY CONSTfil71TONAL OA SfAM08Y LIMRATION. to prior vle. when, s and if issued and accepted by the Underwater. subject to the ae Superior Court oI the Slate n( California fur Riverside (:ounty in tht validation t of a legal opinion of Kutak R«k k Campbell, Omaha Nebraska, Special Ceunsrl. legal molten will fie posed upon for the Count' by the oBce of C;ounry Counsel. y y' Best. Best h Kaeger, fliverslde. Califomia; for the Bank by the Bmk's General r, Nrw York and by Vinson h Elkins. Houston, Tesas: and for tAe Crrderwater by s expected that the ('.erti6ntes rill br available for delivery in definitive form on or therefor in New York. New Ymk. UNDERWOOD, NEUHAUS t& CO. INCORPORATED Tix tlste tN 8tis ORiciel Statement is August 78, 1988 Iqv 10 '9H 2O~i3 nnn39$4, 'a7`1 FCLEY_8_LGfiCi EF F ~~--~--~ ~ ~~ pRQ76CT D68CRIlTIOB Fleet Landing will be a life Dare retirement community providing housing, health care, traneportatfon, activities, meals, end a wide range of amenities to Ste residents. It will be built on 69 scree end consist of 321 living unlt• which will be configured in 1 3-story apartment buildings of 40 npartmente •aeh and 161 tinaL family and duplex unite scattered around the •ite. Living u~ are intended for those capable o! independent living, and range !n site from 600 to over 2000 6q, pt, Th• Facility surrounds a 7 acre lake, and includes a 30,000 Sq, !t. Community Center which will contain the dining, adninietration, and public a;ewe, Aleo Fleet Landing will have a Health Center on-site, which will initially contain 26 aseiete0 living snd 42 skilled nuseinq bode. 8 onsor The sponsor end owner o! Fleet Landing 1^ Naval Continuing Care Retirement Foundation, Inc., a Ploride not-for-profit corporation exempt under the IRS provision 501(c)(3). The 14-member Board of Directors is comprised primarily of retired U,S. Naval officers. The Board serves without compsneatlon. Fundino Plest Landing ha^ received it^ development and marketing capital through a loan from The Baskell Company. Construction and long-term financing will come from tax-eaempt credit enhanced bonds. Timetable Financing Closings Janus 1989 Construction Starts ~ Mid-1989 Construction Completions Fall-1990 Market Retired U. 6. Military officers, spouses, and surviving spouses. They pay en up-front entrance fee and •n on-going nonthly service fee, hovevec ownership on the living unit remains with the not-for-profit Board. i CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY iH~ ~r--~- ii ~ ii \L__J/ ~p~ ,. ^= 117J 10 '~ 2842 0003354.3051 FOLE1'_1_LiFLfEk P Co~•ht• leads at tha h••rinq are for th• con•1d•r•tion of the Co41••ion, and will not bind any 1•gal action to b• taken Dy the Coaei••Son. IF A PERSON DECIDER TO APPEAL ANY DECISION MJ1DE BY THE COxMI88I0x NITN RESPECT TO ANY MATTER CONSIDERED AT SUCH NEARING, 8UC$ PERSON HILL NEED A RECORD OF TRS PROCEEDINGS AND, POR 9UCN PURPO98, BUCN PERSON MAY NEED TO ENSURE TNAT A VERBATIx RECORD OP THE PROCEEDIAGB I9 MADE, WNICN RECORD INCLUDES THE TE9TINONY AND EVIDExC8 UPON NNICN THE APPEAL I9 TO BE BASED. DATEDS xovmb•r 10, 1988 CITY COIORBSION OF THE CITY OF ATLANTIC BEACH, FIARIDA By • a • R. Tuc r City C1•rk OT13NT1 .3. \OTICE OF PUBLIC HEr.RING BY THE CITY CON.MISSION CF THE CITY OF ATLANTIC BEACH, FLORIDA NOTICE is hereby gi .r `hat a public hearing by the City Cor.~ission of the City of Atlam c Beach, Flo-ids (the "Commis- sion"), will be held on Wednesday, Novenber 30, 1988, at the Com- missicn's meeting to be held on said date, beginning dt 7:15 p.m., lcai time, at the City Ccmmission Chambers, City Hall, 716 Ocean 8.-._evard, Atlantic Beach, Florida. The public hearing will be acid for the purpose of considering and acting upon the following: A resolutior. approving the issuance by the City c Atlantic Beach, Florida (the "Issuer") o£ its Variable Ra+ Demand Revenue Bonds, Series 1999 (Fleet Landing Project; :~. ar. aggregate principal amount not to exceed S65,oo0,000 (tht ._'~_~ :.h ich Bonds are to be issued for the purpose of financing ~~ - a part of the cost of the acquisition, construction and instr.. ~.- tion oP a continuing care retirement facility to be known ae ":feet Landing," to be owned by Naval Continuing Care Retirere-~_ Foundation, Inc., a Florida not-for-profit corporation, and tc r, :, lecate-i within the City of Atlantic Beach, Florida on a site ccr.- taining approximately 69 acres oP land situated on the ea=*. sale of T:ayport Road at the intersection of Assisi Lare and 5. __ Road (the current address for Fleet Landing being 24C= _ -~ Road, Atlantic Beach, Florida), consisting of the acq -:. ;i approximately 69 acres of land, the construction of fc_ .e- story apartment buildings {containing approximately 16a i_ _ng ~~nits), approximately 160 duplex and single-family living units, a community center containing kitchen, dining, recreational and adainietration facilities, a health center initially containing approximately 26 assisted-living units and approximately 42 skilled nursing beds, and related and appurtenant facilities, and the acquisition and installation of related facilities, machinery, equipment, fixtures and furnishings (the "Project"). The public hearing will he conducted in a manner that provides a -easonable opportunity to be heard for persons with differing views on th¢ issuance of the Bonds and tha location and na`_ure of the proposed Project. Any person desiring to be heard on this matter is requested to attend the public hearing or send a representative. Written comments (not exceeding 25o words) to be presented at the hearing may be submitted to the Commission at City Hall, 716 Ocean Boulevard, P.O. Sox 25, Atlantic Beach, Florida 32233, Attention: City N.anager. Further infoYmaticn relating to this matter is available Por inspection and copying during regular business hours at the office of the City Manager at the above address. -i- ~`° fYYJ 10 'f38 20~a10003354, 3051 FYE'I_8_LFkCt EP P P.2 FOLEY 6 LARONER roa* Ornca eon oee .JACI(aONVILL[, FLO RI OA aa301•IYCO noo nw[r uwrow w~w~Ne too w[n rowneN atwa[t nu+us[..uaeNUw *tL[.Yena bo•1 aae~aote Y•ouew, aacoYUn FrOL[Y i LAI1DN iN CN~W4~LLiNO~a [ear r7[mru.ruw NOVember 10, 1988 r•eea uu Neu MIWYF[S wli WDt•Wa1 wYMINeTOM O C .u[•~ON[ (•W a1,.NCO •t[YYewu vlq~YU. +YY ~a~e .N/YMUI Ww+l•NO OIIYMYO ILMIC,. ••LUaYAUai newiw •.rti. rwwieY wart w•w aa.cN rww, o• Mx. Claude L. Mullin Claude L. Muliia, P.A. Suite 114 4]50 Lakeside Drive Jackaomille, FL 37210 Re: Ptopoaad City of Atlsn~ic Beach, Florida, Variable Rats Demand Revenue Bonds, aeries . ao ra r r ulna Prof *1 Dear Claudr. Wa enclose for your review and commsnt a proposed form of Lhe Notice of Public Hearing which we discussed yesterday. 8y copy of thin letter to Dick Fallovs, Tim Cater and Ms. Tucker, I am caking that they furnish ma with any commanta they may have to the enclosed notice. Attar I have rscsivtd any comments you, Dick Pallws, Jlm Cater and Ms. Tucker may have to the notice, I will fins112a the notice and tslacopy it to Ms. Tucker for aigna- tura so that she may sign the notlco and talacopy it back to ma this afternoon. Thank you very much for your assistance with this matter. Yours~va/ry truly, vV / Chauncey w. Lover, Jr. CML/gt1110.1 Enclosure c: Mr. Richard c. Fallova Ms. Adelaide R. Tucker Mr. Jim Cater ,- 3MITN AND GILLESPIE ENGIN EERS.INC. H[. RlChard C. FellOYs City of Atlantic Beach SQG Project No. 8505-06-03 November 2, 1988... Page 2 We therefore request that our limit for engineering fees be increased by $7,300.00 to $19,300.00, to cover our costs in providing extended resident project observation for the subject construction project. Hr. Ford has agreed that ouz request for additional engineering fees is valid. We will be pleased to discuss our request with you at any time. If you agree with our request, we have prepared a suggested letter of authoriza- tion for your use. If you have any questions, please call at any time. Sincerel ours, HITH AND G I" •NCINEERS, INC. Robert W. Gehrig Enclosure cc: Hr. Don Ford, Director of Public Services Hr. Tim Townsend, Superintendent of Water and Sewer Hr. John Shailer, Resident Project Representative SMITH AND GILlES PIE EN GINEERS.ING. P03i OFFICE 90n 53i]6 JFCMSONVILLE, FLO RIOT 32201 90 a~ )~3-6950 POBEPI V: GEN RI G. M 5 November 2. 1988 Hr. Richard C. Fellows City !tanager City of Atlantic Beach Pose Office Drawer 25 Atlantic Beach, Florida 32233 Subject: Request for Additional Engineering Costs Sanitary Hanhole Reconstruction Selva Nar ina Drive, Seminole Road and 11th Street SSG Project No. 8505-06-03 Atlantic Beach, Florida Dear Mr. Fellows: As discussed with Hr. Don Ford, Public Services Director, and Mr. Tim Townsend, Superintendent of Water and Sever, our engineering costs have exceeded the agreed upon limit of $12,000.00, due mainly to the increased time required to provide resident project observation for the City on the subject project. As of [he end of September 1988, we were $2,200 beyond the "no[ [o exceed" limit. We estimate that by the end of construction, which currently is estimated as November 18, 1988, we will have incurred approximately $7,300 of additional costs. This fs directly attributable to the increased time of construction. The Contractor, J. C. Kimberly Company, has requested a time extension on his completion date to November 15, 1988, as described in the attached letter dated September 22, 1988- We feel the time request is justifiable, due to the revision required in [he manhole by Lift Station "B", and Che accident involving damage co another manhole. Both situations required additional time to prepare the manholes. There is the possibility that the Ci[y Attorney may consider [hat the Contractor's insurance company may be liable for some of the increased observation cost due to the accident. The original intent of our resident services for this project vas to provide part-time observation, while combining [he time with either the major sever rehabilitation observation oc the television inspection and sealing observation. Unfortunately, the timing for this intent never properly materialized and the subject project required almost constant resident services due [o unexpected difficult construction situations. Our original scope of engineering construc- tion services also did no[ include providing resident observation at Che manholes on 19th Stteet and 17th Street. Construction of both these manholes required our resident observer to spend considerable time to assist the City in decisions involving both locations. i F:~ iE': S ~'- ' - we have received a request fmn the Belloit Con~ny for fi~l payment of their work on the Iake Elizabeth Water System. Fngir~eers, Sumner Waitz, of {Deity aId Frye, has certified that all work has been crnpleted atd Public Services Director Ford and Buccaneer Division Chief tMNally concur. 7Yie final bill is ready to be paid in the artnunt of 510,143.06. During our neeting with Fleet landing, i[ became apparent they will be requiring water atd sewer service within the next year or so which brings us to the point where the city has got to start discussing and resolving the question of whether we are going to cvd~ine the Buccaneer and the Atlantic Beach wastewater plants, or whether we are going to go ahead and develop than separately. You have already previously received a NPY of the Shnith aId Gillespie report and we are including a supplementary letter of follow up which they recently sent along. -4- 6. k.. ~ti~~..-. .~_: 3. An application for a Use by IXception fran F]inxy Ttwcpe, 831 Bonita Road to upholster couches, .ove seats, aryl furniture in his residence. There has been srnie concern expressed by several members of the City Commmission regardirc3 the number of so called °kxne occupations" being processed thmu~ the city. All sorts of busiresses are now being conducted out of the hone, and I think the intent of the Ordinance is being misused. Without any negative thoughts from the City Commission, we are going to urc3ertake a study of this and try to make srne remmendations on changes in the Ordinance relative to these se called "home occupations". There will be a number of Public hearings on Monday night relative to other projects. These include: 1. Updating the Ordinance relative to protecting the sea turtles. We met with Jan Johnson and have made sane significant changes in the Ordinances. We ace sending along a copy of it for you to look over. The amended sections are underlined to distinguish it fran the parts we have acted on before. 2. A heazing on an Ordinance authorizing extension of the City of Atlantic Beach utility system by the purchase of the Atlantic Utilities facilities in the Oak Flarbor Srbdivision. Normmmally, this mould he the final hearing on the Ordinance, but due to the requiremnents of Chapter 180 Fla. Statutes, the Ord;.y~ canrmot become effective until, at a mininmm, 40 days after the Resolution has been introduced proposing to extend the system. This means we cannot make the Ordinance effective until after Deoa:ber 4th. 3. We will be introducing two Ordinances on Monday nic)ht. Ore is an Ordinamce nakirg charges in the Retiramment system. Tfie Retirement system changes are going to be required by the state Insurance arcs Treasurer's office in order to release the state lblice and Fi*~*+'s monies. Tire charges gave mostly to do with disability, refunds and contributions made when people leave the service. We aze sending along a coPi' of the Ordinance for your perusal. we presented it to the Retiremmant Board of Trustees at their meeting on Novellber 7th, arcs they forward it with remmierciations to adopt on first reading. The seoorcl Ordinance is an Ordinance increasing residential garbage collection fees from 521.00 per rn3`rtcz to 536.00 per quarter. This was discussed at length during the budget hearings and is recessitatel by what we anticipate is going to be the greatly increased costs of hauling garbage as well as implementing a city wide recycling system. On Wedresday, Claude Mullis and Z net with Representatives of Foley arcs lardrer, Attorneys at Iaw, and the Fleet larding people to discuss their proposal for wrking out a plan to utilize municipal bormds to obtain tax exemQt status. Attorney Claude Mullis will discuss this in detail on Moday night, but we are including a proposed Notice of Public Fleazing which they have regmres`..ed to speed the process up. we are also enclosing a copy of a summary statemrnt on a similar type system done for Riverside, California on a similar type institution. 'fie city will to order no firwrcial obligation to pay off the bonds. -3- :: The Northeast Florida League of Cities will be meeting on November 17, 1988 at the Ponxe Resort in St. Augustine. This will he their first meeting of their new fiscal yeaz, and election of officers and directors will take place. Heruy Dean of the St. Johns River Water Managam-nt District will be the speakez, and 1 hope that each rtanber of the City Commission will call Maureen Kin4 and nuke reservations to attend. The attitude adjustment hour is being sponsored by Instiuform which begins at 6:30 p.m. with dinrer featuring roast turkey and dressing at 7:30 p.m. Dutton Island which lies at the extreme western enl of Church Ft>ad, is going to be developed ald we have received a request fran Engineers, England, Thims, and Miller to provide water and sewer service to the development. The site contains about 38 acres and they plan to subdivide it into 67 single family residential lots. If you lave any questions, please let me krow. We are erclosing a letter fmn 9nith S Gillespie requesting their limit of engineering fees be increased w cover their costs in providing extended resident project observation on the replacement of the sanitary manholes along Selva Marina Drive, Sanirlole Rxd, and 11th Street. Tfie letter is self-explanatory and we suggest the City Camnission consider extEndi.rg the authorization for an additional ;10,000.00. We have received our first quarterly report fran the Cities Flnployees Assistance Program. I am enclosing copies for each of you for }roar infornution. Clarents, Rummpel, G.no3win, b D/Vai, Architects will be maki.rg their presentation to the City Camlission at the meeting on Monday night relative a proposed City Hall. ?hey have prepared a scale model of the facility and will have it available for your consideration. We have ascertained that if the Commission wishes tD proceed with the construction of new city facilities, monies will be available firm the Florida league of Cities loan program, and we have received a crnmitment fron than for additional fords if needed. You may have read that Ianbert Seafood CLnpanY has made application to open a shrimp arcl scallop processing ?last at the location of the old Run Ruiners restaurant user the Atlantic Blvd. bridge. It appears the City of Jacksonville and Jacksorrville's Bio-Environnental Services are both opposing the location of the scallop plant there. fix City Commission may wish tD take SOne dCtlOn t0 bake lt5 deslre5 known ill regazds t0 th15 pmject, since there will be a Public Hearing on it held at the Hospitality Inn at 901 Main St. al Decanter 1st at 7:00 p.m. Mayor Hazrnlri has asked to nmve the meeting closer to the beach. (see letter) TMre will be three Public Hearings on applications for exceptions at the neetirg on !today. These include: 1. An application for Use by Exception by Dawson lard Developmnt CA. wishing to install above groud storage tanks in the Mealy Street Industrial Park. 2. An application for Use by Exception by Chazles Biggins at 820 Sailfish Drive for a hone oavpation to operate his lawn business out of his residence. _2_ 4 CITY OF ~tla.rt~c " - ~laudct n:e cx ees som.evnnn P. o. sux zs xTLnvnc xencx. Pwxmnszzat TELEPHONE 180112~9~2396 November 9, 1988 To: The Hororable Mayor Pro Tin and City Calaussiorers Fran: Richard C. pYllows, City Manager Tb: STAIUS REEl~RT The first iten of business at the meeting on Fbtday night will be action by the City Cam~ission to name a replacerent to Seat No. 1, the Mayor-Canmissiorer seat which has been vacated due to the resignation of Mayor Haell. The City Charter provides that once an appointment is made to that seat, if it should create arother vacancy on the City Conmission, the Crnnussion will need to fill that vacancy within fifteen (15) days. Please call me if you have any questions regarding this period. Fbr those of you who are interested, the Duval County legislative Delegation will hold an organizational meeting on Wednesday, Novetber 16th at 11:30 in the ~mrning at the City Council Clambers, 15th floor, City Hall for the purpose of electing a Chairman and Vice Chairm~~ of the delegation. The Girvin Road landfill is still schedulsl to close DeeanUer 1, 1988 according to the best information I have been able to receive. While there has been sorte hint garbage trucks might be able t~ use the Dames Point bridge, it seers unlikely ;rya~an+.~h as the city and the contractor would have to share the liability. The most likely scenario mould be that we would have to use the Euccarleer ferry for about a month. I have cleated this with the ferry people and they advise the ferry will be open to transport trucks across the river. VIe have made a test nui, and anticipate a m;n;mm run time of one hour and 45 minutes and a maximm round trip of apprwcimately three (3) hours. The faze to cross the river is 51.50 each way, but you can buy a book of tickets which cuts the price in half, which Z think we will do. If alryone has airy other thoughts in this regard, please lzt me know. In this regard, and for ywr information, I am enclosing a copy of the Dames lbint F]cpressway route with the rorthside landfill colore3 in blue. This will give you sore idea of the future run the city will her ~;.wl to make until the southeast landfill question is resolved. L' MICRO GRAPHICi >s~ iafm~rtlo~ ad ~q~ MuyMrs cm.._- E: r:: ~- s .::: ..