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12-01-88AMENDED AGENDA ADDING NEW ITEM 114 n CITY OF ATLANTIC BEACN January 11, 1988, 7:15 PH AGENDA Call [o order ! Invocation and pledge [o the flag ', 1. Approval of the minutes of the regular meeting of December 14, 1987 2. Recogn i[ion of visitors 3. Bid openings: A. Receipt of bids for Labor and material for a new water dis- [ribucion svs[em in [he Lake Elizabeth area, Buccaneer Water and Sever District 4. Commissioner Glenn Edwards [o make a presen Cation [o Boy Scout Troop 37 on [he occasion of [he [rocp's 50th anniversary i 5. Action by the City Commission Co fill two vacancies on [he Code Enforcement Board for three-wear terms expiring October 1, 1990 6. Action by [he Ci[y Commission to fill two vacancies on [he Communi- ty Development Board for four-year Germs [o expire December 31, 1991 7. Receipt of actions by the Community Development Board from the meeting of December 15, 1987: s A. Action by the Citv Commission to designate for public hearing ~ a[ the meeting of January 25, 1968, an application from Thomas Aycock, 1451 Beach Avenue, for an exception for a home occupa- tion to set up a real estate brokers office in his residence B. Action by the City Co®ission [o designate for public hearing on January 25, 1988, an application from `table Bass, 715 j Redf in Drive, who wishes to have an exception for a home ~ occupation to run a mail order business from her home ~ 8. I Action by [he Ci[y Commission on recommendations from [he Profes- sional Services Evaluation Committee relative to architectural firms for developing plans and specifications for a new City Nall i 9. Action on Resolutions: II A. Adoption of Resolution No. 88-I allowing the Clty of Atlantic Beach [o join with [he other beach cities and Baldwin so as to ~: participate in the Ci[y of Jacksonville Coc•~unicy Development • Block Gran[ funds as an urban county it 1~ , F':, 10. Mtioo on Resolutions: A. Resolution No. 88-26 Introduction and adoption addition of the name of signer on City checks of a Resolution authorizing the Maureen Ring, City Clerk as a co- B. Resolution No. 88-23 Introduction and adoption of a Resolution authorizing the City Attorney [o prepare [he necessary documents [o initiate condem- nation proceedings on property in Section H vhe re the Ci[y plans a regional park I1. Action os O[dioancea: A. Ord lnance No. 90-68-137 Introduction and first reading of an Ordinance amending the Ordinance Code of the Ci[y of Atlantic Heach [o provide fcr the manner of calculating the height of fences and setting of a public hearing for January 9, 1989 B. Ordinance No. 60-88-5 Introduction and first reading of an Grd inance amending [he Ordinance Code of [he City of Atlantic Beach to provide for a better definition of directional signs and to provide for the use. of open house real estate signs and setting of a public hearing for January 9, 1989 C. Ordinance No. 5-88-20 Public hearing and final reading of an Ordinance amending [he Rules of Order for the Ciry Commission [o provide for a con- sent agenda D. Ord lnance No. 80-88-37 Final public hearing and adoption of an Ordinance authorizing [he acquisition of the Atlantic U[ili[y System in Oak Harbor 12. Miscellaneous business l3. Mayor to call on CS[y Commissioners, City Attorney, City Manager, and CS[y Clerk for reports and/or requests Adjournment t~.e.~.- ...___ CITY OP ATLAIRIC BEACB RECU1~18 MEETING DECEMBER 12, 1988 AGENDA Call [o Order Invocacion and pledge to the flag 1. Action by [he City Commission to elect a Hayor pro Cem [o ac[ in [he absence of the Mayor with a term [o end on Tuesday, November 7, 1989 2. Approval of the minutes of the Regular Heeling of November 28, and Special Meetings of November 30 and December 5 3. Recognition of visicors 4. Appearancee: i A. Mr. David Nodges of R.I.D.-Jax. Co discuss [he organizations crusade against driving under the influence B. Mr. Robe r[ Nar[in of The YHCA [o discuss with the City Commis- ' slon proposals for the Y summer program in Russell Park and Che possible use of [he current City Hall building for our future Senior Citizen Center, etc. 6. Committee Reports A. Commissioner Glenn Edva rd s, Chairman of the Awards Committee ' with recommendations relative [o bids on a roll-on/roll-off tank for use fn connection with the disposition with Buccaneer sever sludge B. Discussion regarding the feasibility of advertising under Che '. Consu L[ants Competitive Negot latfons Ac[ [o select engineering ; services co prepare plans and specifications for construction of a regional sever plant ' 7. Action by [he Ci[y Commission to make appointments to [vo seats on ~,' the Code Enforcement Board for three year [e rms ending Sepcember 30, 1991 8. Further discussion relative to a feasibility study on a Norld Class Swim Center [o be funded jointly by the City of Atlantic Beach and the C1[y of Neptune Beach from convention developaenT [az funds 9. Mt1om on Riceptimna: A. Public hearing on an Application for Exception filed by Johnny Crouch a[ 80 Doris St reec asking for permission to have a coot rat[ors office in his home (The Community Development board has approved this appl nation with the provision that there be no signs, no advertising and _ ro increase in traffic) >~ . ~., ~. builds a regional park around his. Ne has taken [he position the regional park is the lesser of two evils and does noc wish to dispose of his property. Ne doubt, each member of [he Ci[y Commission will be hearing from him and he will plan to be ac the meeting lbnday night to urge the Commission to bypass his block of lots. I am enclosing a map which will give you an Sdea of the location of hfs property in relation to the Tresca property and the property which the City owns. ' There will be public hearing on an Ordinance amending [he rules of order for the City Commission to provide for a consent agenda. Adop- tion of Chis Ordinance will alloy us to group together in one place on the agenda non-controversial items which can then be passed all at one time. 1f you have any questions in regards to this, please give me a call. There will be a public hearing on the Ordinance authorizing the acqui eftion of [he Atlantic Utility System in Oak Harbour. In accor- dance with Plorida Statues IBO it vas necessary to hold off the adop- tion of this Ordinance until after December 4. If in order, the Com- mission can inquire as to whether anyone in the audience hae any further commence to make on the Ordinance and [hen may adopt it as they deem appropriate. ' On lnatruc tfons from the City Commission ve have determined [ha[ the C1[y of Neptune Beach will pare icipate in the cosc of the feasibility study foz a World Class Svim Center uo co 56,000. Participation by the City of Jacksonville is highly doubtful. We are enclosing a copy of a proposal from the YMCA of Florida in regards Co the cons[ructlon of [he modular building a[ Russell Park and a proposal for operating a number of services in the old City Hall should the City decide to build a new City Nall. Aepresen[a[Sves of [he Y will be a[ the meeting Monday night [o discuss [heir proposals with you. • There are two vacancies on [he Code Enforcement Hoard. The Board has asked the City Commission to consider reappointing Hrs. Na[tie Free- man and nominating Haywood Dovling, Jr. [o [he sea[ vacated by Fred Mills. Please call me if you have any questions regarding this. • We are enclosing Hinutes of the Regular Commission Heeting of November 28th, the Special Called Meeting of November 30th, and [he Special Heeting of December 5 for your information. We are also includ- ing any material from your mail boxes which you have not already picked up. • The Awards Committee will be making recommendations Honday night on bids received for a roll-on/roll-off tank which ve plan to use in con- nection with [he disposition of Buccaneer sewage sludge. ' A meeting vas held ~.ast week with the officials of Flee[ Landing co discuss the substance of a utility service agreement. We have con- cluded the City will receive somewhere between 5500,000 and 5600,000 in impact fees from this development. We will keep you informed. • We have prepared a Resolu lion for your consideration which pro- vides for adding Maureen King as one of the signers of CiCy checks. She will be [he standby in [he even[ either myself or Harry are out of town or ill. • There will be a pu611c hearing on an Application for Exception filed by Johnny Crouch at 80 Doris Street asking for permission [o have a con[ra<tors off ice in his home. The Community Development Board has ap- proved this eppllca lion vi th provision [hat there be no signs, no adver- tising and no increase in traffic. • We are enclosing two Ordinances, one having to do with signs and the other having to do with the manner of calculating height of fences. If these Ordinances are acceptable it would be in order to introduce them and set Chem for a public heating aC the meeting of January 9th. • In accordance with [he instructions of the City Commission the Resa lotion has been prepared [o initiate condemnation proceedings on the property in Section H where the City plans a regional park. Six and a half acres of this property is owned by Jim Tresca, but six of the lots in Block 91 are owned by William Blake. Blake has built a sort of tree- house in [his area which vas constructed without a permit back in 1983 or 1964 but which subsequently vas permitted in late 1984. Oa instruction from [he CI[y Commission ve sent letter offers to Nr. Tresca and Hr. Blake and they both have responded [ha[ they do no[ wish to sell. Mr. Tresca fully antlcipa[es [he Ci[y will proceed with condemnation pto- ceedings but Mr. Blake has taken [he position he does not want to give up his property under any clrcumscances as this is his home and he likes the peace and quiet. I have suggested to him that [here won't be much peace and qu le[ [here if Mr. Tresca were [o develop [he property or if [he City CITY OF rgtfa+rta Seae! - ~lmseifa December 8, 1986 Memorandum To: The Honorable Mayor and City Commissioners From: Richard C. Fellow Subject: STATOB REPORT ]l6 UCEAN BOULF.CARU P. O. BO%25 ATLANTIC BEACH, FLOBIUA 32233 TELEPHONE IaM12~42J95 • One of [he first items of business on Honday nigh[ will be to select a member of the City Commission as Mayor pro tem so as [o have in place a person who will act in the absence of [he regular Mayor. • With the last status report ve sent you a copy of Smith d Gil- lespie~s letter of November 22, 1988, in vhith i[ recommended that a[ build-out covering the regional service area for the City of Atlantic Beach we need to have a Creatmen[ plan[ capacity of about 6.2 MCD. They have also indicated [hat ve have adequate land area to expand the A[lan- [ic Beach Plan[ up to 6.5 MGD which would take care of any unforeseen changes in zoning or changes in residential densities which would result in greater waste water flows. This takes care of the entire area with the exception of the Mayport Naval Station, which now has a capacity of about 1.8 MGD. Honday night ve will be suggesting to [he City Commission that the Consultants Competitive Negotiation AcC to select engineering services to prepare plans and specifications for a construction of a re- gional plant. , • David Nudges has requested a position on the agenda Monday nigh[. Ne represents R.I.D.-Jax., an organization involved in the crusade against drunk driving. • The Solid Haste Committee met on December 5 to discuss the City's proposed recycling program and other matters having to do with the dis- position of our solid waste. We are enclosing a copy of the Hinu tes of [he meeting for your lnformat ion. The Commi [tee has prepared speclfl- cations for bidding out the recycling to a private contractor. We will be reviewing and comparing the proposals made to the proposed budge[ of [he CS[y for the same work hoping to be in a position to make recommenda- tions to the City Commission sometime in January. !!<MJI~ Q TBe SPffiAI. MBBTIlR: OF 1S8 ATIANPIC B@1® CITY @BQ~I(Ii BffiD AT CTTY EQfIL (N NGYHl~2 30, 1986, AT 7:15 PM The meeting was called to order by Mayor Gulliford. Those present for the meeting were Mayor William I. Gulliford, Jr., and Crnmiasioner Glenn A. Edwards. Also present were City Attorney Claude L. Mullis, City Manager Richard Fellows, aid City Clerk Maureen King. The Mayor announced that since a quorun was rot present, the meeting world be rescheduled for 6:30 PM, on Molloy C1eca~er 5, 1988 The Mayor declared the meeting adjourned. ' r William Z. (~lliford, Jr. Mayor, Presiding Officer ATTEST; Maureen King, City Clerk ~:. (:. ~- was necessary for the City to be involved with the issuance of the bonds. It was explained that to qualify for tax exempt status, the project must be for a health care or low inxxme housing facility and that bolds must be issued through a governmental entity. 'fie City Attorney further explained that in addition to the letter of Credit, there will be a security lien against the improvements in the property, which would have to be liquidated for the bonds to be in default as faz as ran-payment of arty principal and interest. Mayor Qn:.liford asked for clarification as to when the bonds would be considered to be in default. Mr. Chauncey lever of Foley a Lardner, responded default would occur when the hanks failed to pay the principal and interest. the banks irnolved, however, have e3uity in the billions of dollars. F1u-ther discussion ensued and Commissioner Edwards irm,:,-~ into exactly what the liability is to the City. The City Attorney assured the Crnmissim there is ro financial liability to the City in connection with the Nord financing or the acquisition, construction, installation, operation oz maintenanc,~e of the project and he has distributed to each camrS.ssioner a letter from Foley and Lardrer to this effect. Also, in the event this matter is finalized, Mr. Dan Livermore will act as legal advisor to the City to ensure there is ro liability to the City. Commissioner Jensen i~uired as to what benefit the City would derive from its imrolvement in such a project. Mr. Fd Vandergriff of Haskell Crnmsuty Developers, Inc., rasporxled the City awld expect a clean, high quality developrtent which mould provide ore hwxlred forty jobs, with a payroll of approximately E2 million. He also stated they felt it would be simpler and faster to deal with five Crnmissiorers in Atlantic Heach than nineteen CounciLten in Jacksorrville. He felt time was an important factor since they wished to complete the bad process before arty changes affecting the issu~noe of tax free bonds rould be made by the U. S. (bngress. the questions ran called aid the room rarrioA narani~ly. At this time Mayor Qrlliford anrounoed that the Crnmissim had not set a salary for Maureen Ring who had been appointed to the position of City Clerk at the previous Commission meeting. O~ssimer fl3nerds aced to pay the aty Clerk a salary of ;2,000.00. line ration was seoaded by timer Cook and tarried vrmirously. there being ro further business to ~ before the City Commission, the meeting was adjourned at 7:12 PM. William I. Gulliford Mayor, Presiding Officer Maureen Ring, City Clerk MII7IJIES CF TIB Swi-rar ~p~ ~ T~ A1T1fNPIC BBAQI CITY OCIlIISSIQi I~ID AT CI1Y TALL Q7 DHCHl~R 5, 1988, AT 6:30 PM 1. (31.1 to ord['i The meeting was called to order by Mayor (,lrlliford. Present for the `meting were Mayor William I Gulliford, Jr., and Crnmissioners Robert B. Cook, Sr., Glenn A. Edwards, Alan C. Jensen, and Adelaide R. Tucker. Also present were City Attorney Claude Mullis, City Manager Richard Fellows, City Clerk Maureen Ring. 2. Purther d; ~.a~im relative to the Proposed firuncial PmpadlRes for the project kno`m as Pleet Landira The Mayor presented in full, in writing Resolution No. 88-27, AJ11[RIEIli; T~ HDrJ!l4PICN A!O OBIJVP1a CF A L6T1PR CS+ II71E The Mayor opened the floor for a public heazing and invited mrteents from the audience. Jim Cater of the urderwri±ing firm, Undenood, Neuhaus s ConQany, presented each Crnmissiorer with a handrout and gave a brief overview of Fleet Landing project, explaining it had been modeled after a number of similaz successful, military retirement oamunities which had been financed by his firm. The proposed financing structure is a 30-yeaz vaziable rate bond issue in the amount of ;62,800,000,. guazanteed by a Letter of Credit cwezing both principal and interest on the bonds and also guaranteeing liquidity of the bonds. The letter of Credit will be provided by the Camnnwealth Bank of Australia in New York, with the Banks of Sootlard in Jacksonville, Florida, Barque Pazibas of New York, and Lloyds Bank of Dallas, Texas, taking participations of the letter of Credit. Mr. Cater stated he felt the selection of Atlantic Beach as issuer of the bads was appropriate since the project is located in Atlantic Beach, and Atlantic Beach could be the primary beneficiary of this facility. The proceeds frvn the sale of fiords would be used to finance the acquisition, construction and equipping of the facility, initial operations including interim loans and payment of forded interest and letter of Credit fees. Also included in the hand-out was a history of the variable rate vs. prime rate for the period 1982 to 1988. Since no ore else wished to speak for or against the Resolution, the Mayor declazed the public hearing closed. Qaissimer Edwards arnrgl for mgcvQ of Resolutim No. 88-27. iTle f•Dtim was 9eCOrldad by Corissimer Cock. During discussion Cartmissiorer Cook asked for clazification as to why it NOTICE OP PUBLIC NEARING CITY OP ATLANTIC DEACN Notice is hereby given that the City Co'ission of Atlantic Beach, Florida will hold a PUBLIC AEARINC on December 12,2988 at 7:15 P.M. at City Nall, 716 Ocean Boulevard, for the purpose of hearing and considering the views of the puD11c concerning the following use by E:captions: An application for a Use by Exception for a home occupation from Johnny Crouch et 80 Dora Street for a contractor's office in his home. All persona interested era notified to be present at said time and place and they shell De heard. Copies of the Ordinances are on file In the City Clerk's office at City Nall. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which appeal is to De based. PuDllahed: Beaches Lander 11/30/88 - Purchase order X3512 Posted: City Nall POSt Office t :I •~ i 7~ 7I r._ 1_--~_ _ _ __~_-_--_ P~ )y~ ~~! a~.5 y.a ~.n ~-n ~~- =~, r!~, _ a ~ ~ ~~ C_~ a H i •---%i I~ r--• i o x O I W inI ~ I ® i a.n 1 li W -i m ~~~ ~- ~, I I =i ~ I' ~~ i ,~ i I .`1 GD i n ~ i ® 1 ~ I ~~ _ ® i I i ~ i --k--~ e ~ 9 _I I NI ie I E xl 'e i ® i rc n l l•! ® iidi I ~~ W i I IC - j-1 - ~ry 1 i ~ I -~ i i I ~ I ! TS~ hlrt~ I i_~; ..I ~ I _1 ~__. I +fl~ ~~-\, I~ ~~~Y-"~ I n ~E44 •+ ~ zm I~~a~x ~. I O• .1 ® D Ul i F ., -1 r ----• I mo b i F O ~ -, ~ a f~ : f~ ~ ~ u i w F KU U aWt~ waz Z lWil F D wNl~ O °az.Zi ~ H papG~ ~ aqm a 4 w .7SF m EVO e owo W mN ., WNW O OH F ~D d 6 ZW x a K e ~. ~_ s .._ YMCA PROJECT PROPOSAL: COMMUNITY NEED The Arlington YMCA currently serves the Beaches residents through a Variety of programs. We provide a 10 week summer camp at ,lack Russell Park for children ages 4 - 13. We offer Indian Guides/ Zndian Princesses programs for fathers and their children in grades 3 - 3 and we have youth basketball teams from the Beaches, in our YMCA league. In addition to this, we have many Beaches residents who come to [he Arlingtor. YMCA for day camp and other various programs. - One of the goals of our YMCA is to improve the quality of life in the community. We wish to offer the Beaches residents more quality programs in their community. The addition of a modular building at Jack Russell Park will enable us to better provide needed services. This building will enable us to provide shelter for our day campers, to leave an after-school program and/or day care site with a capacity of 72 children per day, and to provide activities for seniors, teens, and the total family. A YMCA facility at the Beaches will be a positive influence on the youth of the community. It will be a place for children and families to spend quality time together through enjoyable and beneficial YMCA activities. The YMCA is already serving hundreds of Beaches residents each year. With year round facilities, the numbers will be far greater. It is our goal to have a complete YMCA facility at the Beach in the future. The new building at Russell Park will be a giant step towards helping us reach our goal of better serving you. .K,,:. 6._ . ~ . ,v • YWCA OF FLORIDA'S FutS~r CoAS1' AIIJNGTON BRANCH 8301 Fr. CAROLINE ROAD IACKSONVILLE, Fl 1)211 (9 W) 7K727) ARLItCIl7N/ BFACFIES YMCA PPOI'OS°r. I YMCA HDDl1IAR BUIIDIK; A7' RUSSt1.L PARK 1fie Arlingtol YMCA was allocated 530,000 fran the District III Commulity Qxulcil to be used for a modular building a[ Jack Russell Park. 1te modular building will provide us with a nice: safe place for the YMCA pay Cdnp children to play during rainy weather and to take a break from the flea[. '1T~e building also would enable us to provide activities year rand for Beach residents such as, after school activities with movies, study time, gapes, etc. 7pen programs, after school activities, and more can also be provided. the modular will have an office for Atlantic Beach Parks old Recreation Director, Pose Blanchard. lt. will be placed where her span office trailer currently is ard will use the existing paer, phone and water that the trailer now uses. PROPOSAL II YMCA USE OP A11AM'IC BEACH CITY HALL 'Ole Arlington YMI'A requests to utrl are the City Hall hui lding, 716 Ocean Boulevazd. The building will be used for the following purposes: 1. Senior Citizen - It,c oriyinal part of the City Hall, which is nw the oaulcil roan, clerks offim, and secretaries office, will be used for a Senior Center. 'Lhe council roan wrll serve as the pain activity area with ping pong, pool, socral events, etc. RTx cxccutrve secretary's office will Ce used for reading, cards, board games, etc. 2. Day Care - 'Ihe ma3orrty of the addi [ion where the Building pepa[t- ment is, will be used for all day Pre-school for area children. 3. Museum - 1t~e conference room will tc set up as a Museun for the City of Atlantic Beach. It is the goal of the YMCA [o utllare thrs fur ldtlig to the benefit of the needs of the residents. we E<Y:l the crlt ual needs areas aze Seniors and Child care. Yk wclcane the opportunity to tx of further service to the residents of Atlanta Beach. Resolution BB-26 Page 2 Passed by the City Crnmission on 1988. William I. GUlliford Mayor~rnmissioner Appiwed as to form aId oorzectness: Claude L. t9illis, City Attorney Ikiureen King, City Clerk ~, RESOLVCION NO. 88-26 4hD:REA.S, fran time to tine uncertain it hecrnes necessary for certain s1gllatUre9 to be reiY)eLCd On Vdrlous alKl SU2dr}' Checks, drafts, nptl(£s, acceptances, bills of exchange, orders, etc., for the payment and withdrawal of rmnies, credits, items and property on behalf of the City of Atlantic Beach, and Wf~fAS, due to vacations, illnesses, and other matters, those individuals authorized to sign on behalf of the City of Atlantic Beach may be unable to do so for ore of the above or other reasons, and Wt3EREA5, it is proper and appropriate to have other selected officials and/or officers of the City to sign in lieu of the Finance Director, EIJW, THEREFORE, BE IT RESOLVED BY THE CITY 07M~IISSION OF THE CITY OF ATLANIZC BEACH, DUVAL CGDCIPY, FIDRIIYI, THAT: Section 1. Any two 12) of the following officials, the Finance Director, the City Manager, and the City Clerk are hereby auttgrized to sign arty and all checks, drafts, rotes, acceptances, bills of exchange, orders or other instruments for the payment and withdrawal of any and all monies, credits, items and property at arty time held by the Banks and federal Savings and Iran Associations, for accounts of the City of Atlantic Beach, and BE IT FUFQSB:T. RESOLVID THAT: Sectiar 2. All the foregoing authorities shall be and continue in full force and effect until rewked or modified by written rotice actually received by said Banks and Savings and Ioazr Associations, setting forth a resolution to that effect stated to have been adopted try the City Carmission of the City of Atlantic Beach, Florida. Section 3. Any two 12) of the following persons, whose genuine signatures appear below, are authorized sigrers foz the said City in the capacity set opposite their respective signatures, to-wit: Harry E. Royal, Finance Director Richard c. flellws, City Maureen King, City Section 4. Any and all resolutions in wnflict herewith aze hereby rescinded. e : : : ~ : t : : t : x x : +, + r ~ : : : : + e e + ~ • + : RESOLUTION No. 88-27 WHEREAS, the City of Atlantic Heaeh requires property for the expansion of its park and recreational facilities, and WHEREAS, a suitable piece of property as described herein hee been found which meets the public purposes described, and WHEREAS, time for acquiring said property is of the essence, and WHEREAS, Tha City Commission of the City of Atlantic Beach under its Charter, Statutes and the Constitution o! the State of - Florida has power to acquire property through the exercise of its power o! eminent domain, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the City Attorney be and ha hereby is authorized to commence necessary proceedings to acquire the property hereinafter described below through the use of eminent domain. H LOCKS 1 THROUGH 4 AND PART LYING W. THEREOF, LOTS 1 THROUGH 6.OF BIACK 91, ALL OF BLOCK 92, BLOCK 93 AND PART LYING W. THEREOF AND ALL OF BLOCKS 94, 95 AND 96, SECTION H. CITY OF ATLANTIC HEACH, AS RECORDED IN PLAT BOOX 18, PAGE 34, OF THE CURRENT PUBLIC RECORDS, DUVAL COUNTY, FLORIDA 2. Thnt the above described property is necessary and essential to the City of Atlantic Heach for expansion and improvement to !ts park and recreational facilities or for other public purposes. Introduced and adopted Sn regular session assembled this 12th day O! December , 1988. w f • • f i + W.I. Gull ford, Jr., Mayor/Presiding Oificar Approved ae to form and Correctness: leuda L. Hull s, C At~ rneY ATTEST: C ty Clerk ~: ,._ _ NOTICE OF PUBLIC HEAP.INC CITY OF ATLANTIC BEACH Notice Ss hereby given that the C1ty Commission of Atlantic Beach, Florida w111 hold a PUBLIC HEARING on December 12,198H at 7:15 P.N. at City Hall, 716 Ocean Boulevard, for the purpose of hearing and considering the views of the public concerning the following proposed Ordinance: ORDINANCE NO. 5-88-20, AN ORDINANCE AMENDING TAE ORDINANCE CODH OP THE CITY OF ATLANTIC BEACH, PLORIDA; AMENDING CHAPTER 2, ARTICLE II; SECTION 2-19, RULE 7 TO PROVIDE POR A CONSENT AGENDA; PROVIDING AN EPPECTIVS DRTE. All persons interested are notified to De present at said Lima and place and they shall De heard. Copies of the Ordinances are on file in the City Clerk's office at City Aall. If a person decides to appeal any decision made by the City Co_ission with respect to any matter considered at any meeting or hearing, he will need a rocord of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record incI odes the testimony and evidence upon which appeal is to be based. Published: Beaches Leader 11/30/88 - Purchase Order #3512 Posted: City Aa1Z Post Office Passed by the Ci[y Commission of Ff rst Reading Passed by Che City Commission on Second Reading (Jill iam I. Culliford, :Mayor, Presiding Officer Approved as [o Form and Correctness: Claude L. Mullis, City Attorney (SEAL) tiauzeen King, City Clerk 7 3 i ~:. ': ~,_ ORDINANCE N0. 60-88-5 AN ORDINANCE AMF.NDI NC THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLURIDA: AMENDING CHAPTER l7, ARTICLE I, SECTION 17-1, SUBPARAGRAPH (6) TO PROVIDE FOR OFF PREMISE REAL ESTATE SIGNS DURING AN OPEN HOUSE; AMENDI NC SUBPARAGRAPH 11 TO MORE PRECISELY DEFINE THE TYPES OF DIRECTIONAL. SIGNS EXEMPTED FROM OPERATION OF THE CHAPTER; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COM1I SS ION OF THE CITY OF ATLANTIC eEACN, FLORIDA: Section 1, Chapter 17, Article I, Section 17-1, Subparagraph 6, Open House Signs, Subparagraph ll, Directional Signs is hereby amended to read as follows: CNAPTEA l7 SLGNS AFD ADVERTISING STRUCTURES ARTICLE I 1N GENERAL Set[ion 17-1. Certain signs exempted from operation of chapter. The following signs are expressly excluded from the operation of this chapter: (b) Not more than one (I) real estate sign advertising [he sale, rental or lease of only the premises on which it is mainca fined. Such sign shall no[ be more than four (4) square feet in area and shall conform to required setback lines. Also, no[ mere than four (4) off premise real estate signs adve r[is ing an official open house to be re- (11) Directional signs, located off premise, of any religious, charitable, fraternal or civic organization er-bee}ores-eeteb}}ehmente operated within the city, having a meet Sng place, clubhouse or other site within the city for [he purpose of Indicating the place where such club- hmuse, meeting place or site is located in the city. Such direc[SOnal signs shall not exceed three-Ei~-feet-by-feet-Ey-feeE twelve (12) inches by eighteen (18) inches and be no[ mare than [en (10) feet in overall height above ground level. These directional signs shall no[ exceed four (4) in number for each bne}eeee-er organization, as listed herein, and shall be no leas than one thousand (1,000) feet from another directional sign of [he same bes}eese-er organization. Any direcCional sign existing on Mey-}3r-}968r December 1, 1988, shall be alloyed [o remain until such time ae the condition of the sign becomes unsafe, unsightly or in need of major repairs, a[ which Cime iC shall be removed. Structural repairs to existing signs shall no[ be made yi[hout a permit. Before any directional signs can be installed after Mey-}3r}968r December 1, 1988, a permit shall be obtained from the city specifying design, }}gbE}nS duration, 4f-eey-r and location. Section Z. The Ordinance shall cake effect upon its adoption. tipping fees, and several alternatives ve re discussed relative [o [he manner in which charges are levied that is on weight instead of volume. I[ vas suggested by Bill McGee [hat some way be found [o compact the ma- terial to a greater degree and while the weigh[ would remain [he same a decrease in volume would decrease [he amount of land f311 tequired. Don Ford pointed 'out that this is one of the [hinge that would occur with our high compaction garbage [rucks which the City had recently authorized. At [hie time the Chairmen asked Currie, Pappas, Morriaeau if they would make [heir presencacion relative to their proposals for an ad campaign to inform the public ebou[ recycling. Copies of their proposal were fur- nished to each meeber of the Committee as veil ee copies [o be mailed out [o [he absent members and [o be made a part of these minutes. Following the CPH presencacion Mike Morgan of William Cook Advertising spoke to the group and discussed [he Cook Agency's relationship with a Stateride advertising <ampa ign on recycling. He pointed out [hey had developed a slogan called "give it beck." He displayed for members of the Cosalttee a number of the visual newspaper ado which were being de- veloped for Sta[ewlde presentation and suggested that the Ci[y of Atlan- tic Beach could tie its advertising end marketing program into [he S[ate- vide program of "glue It back," and that a nominal fee of about 5300 would be charged co modify the various newspaper ads co localize them co Atlantic Beach. The Statewide [ampa ign Ss supposed [a start the first of Pebruary. DSscueaion ensued relative to a number of ideas as to how the word could be gotten out and door-hanger messages, staffers in utility bills and contact with Southern Bell and Jacksonville Electric Authority were sug- gested as ways Chet the information might be disseminated [o the general public. Further discussion ensued relative [o a request by Rose Blanchard to ex- pand [he recycling effort being undertaken a[ Russell Park to Snclude bottles, Cana and plastic. Blanchard vas inacrucced [o get with Don Ford and Claudia Hogane and work out [he necessary details. As discussion continued on the beet means available to inform [he public of the City's recycling of forte, i[ seemed to be [he consensus of [he group chat [t would be a good idea co cis into the 41111am Cook slogan of "glue it back," rh11e et the came time 1[ might be passible [o u[S11ze Lhe Currie, Pappas, Morriaeau firm for lose of the local effort. The City Manager vas Snetrde[ed to discuss this with both firms and report back to the Committee. Eleanor Ashby suggested some type of big outdoor celebraclon Sn the park rich bands and entertainment and try to Smolve [he people Sn this way. The suggestion was well received and moat of the Cor1[fee agreed [M[ a combination of ac tfvities would 6e required. There being no further discussion, the Chairman asked a subsequent meet- ing be scheduled in mid-January a[ which [Sme [he Co®it[ee would review the bid tabulations on [he recycling contract and compare the figures there with the City's planned recycling budge[. The Chairman also asked Narry Royal to check some of [he costs fnvolved vlfh our utility bills as co whether or not ve could include in the envelopes a recycling message or whether we might print eome[h ing on [he back of them. There being no further discussion the meeting was ad~ourneL at 9:15 p.m. 1tIMDres The Committee appointed by the Ci[y Commiss ian [o evaluate elternat Ives 1n regards to Che collection and disposal of solid waste me[ on Monday, December 5, 1988 at 7:30 p.m. In the Cicy Commission meeting room, Cicy Rail, Atlantic Beach. Present in addition [o Mayor Gulliford ve re Rose Blanchard, Don Ford, Susan Hheatley, 8111 McCec, Mdy May, Eleanor Ashby, Kim erumsey, Richard Fe llovs and Harry Rayal. Members absent were Eugene Peek, Don Volfson, Jerry Strayve and Rev. Pearce Ewing. Also present were Dorothy Kerber and [he principals of Currie, Pappas, Morrleeau, Inc. Advertising and Public Relations. Chairman Gu111ford opened the meeting and discussed briefly his plans for se ct Sng up a.beauclflcation committee and a re ighborhood crime task force committee. The Chairman asked Mdy May of Cee 6 Jensen Engineers if he would give the Committee en overview of the bid advertisement for curb-side recy- cling. Mr. May then vent over the bid specif scat ions in some detail pointing out [he manner 1n which the bide were sri[ten would alloy [he prices to be received from private contractors for source separation and recycling with the contractors aupp lying [he containers, a truck-side sort type of recycling program and a source separation program with the City supply- Sng the concalners. Discussion ensued on how many weeks Sc vas felt ve should allay for the bids to be reviewed by the contractors before having [hem return for Committee perusal. Mr. May pointed out [ha[ S[ vas going to be necessary So the near future for the City to come up with a more precise figure relative to the number of homes that would have to be picked up on much a recycling program, and also pointed out the bid spe- ciFications called for the homeower to separate and the items [o be picked up would include plastic, bottles, cans and paper. Considerable dlacueafon took place regarding a Wall Street Journal arti- cle which Bill McGee had passed out to all members of the Committee 1nd1- ce[ing [het due to the increased ante teat in recycling, recycling markets veze being flooded with materials and 1n some instances co®unicies were having co pay co have the :uteriels picked up Eor recycling rather than getting a revenue from same. Many commence were received relative [o the problems shlch had created the need for recycling and is vas a feeling of many of the Co®itlee members that Snduatry would have to do something [o eliminece the tremendaua amounts of disposable type concalners that the system nw geseracea. Deposit bottles were discussed as one alternative that the Indust ry should address and all agreed that both [he State and Federal authorities were going co become more and more involved in chic problem as [ix sent by. Discussion then ensued rela [ive to [he City's relationship to the conao- lldated CS[y of Jacksonville in regards [o the use of the land fill and Paaeed by the City Commiselon nn flret reading______________,________ Passed by the Clty Commission on secontl and final readinq___________ M1111am I. Gulliford, Jr. Mayor, Presiding ^fiicer Approved ae to Form and Correctness: _______________________________ Claude L. Mullis, City Attorney B6AL ) Maureen Ring, City Cleik ; ORDINANCE NO. 90-88-137 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CTTY OF ATLANTIC REACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-157 (a) ESTABLISHZNG A METHOD FOR MEASURING HEIGHT OF FENCES AND HALLS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED HY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 24, Article III, Division 7, Section 24-157 ' (a) Ss hereby awended to read ae follars: CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS ARTICLE III, ZONING REGULATIONS DIVISION 7, SUPPLEMENTARY REGULATIONS Section 24-157. Fences, hedges awd rails) eaves and cornices. (s) No orner, occupant or other person shall erect, keep or waintein in existence any fence, rail or structure betreen the front property line and the front building setback line exceeding four 14) feet 1n height at any given point. In the area betreen the front building setback line and the rear property line, no fence, or tall shall exceed six <6) feet in height et any eiven point. The height of fences and walls shall be weasured iron grade to the top of the fence or rail. Section 2. This ordinance shall take effect upon Ste adoption. Fr !~! 4 ~. f 1=- r v ieibility SC would be ok to alloy Sor lill-Sn Sn Use dipo Sn the grade. HOME OCCUPATION REGULATIONS - OTHER CITIES City of lackeonville Home occupations are alloyed in all residential dletricta by exeeptlnn. If there rill be no ineresee Sn trsifle there Sa a good chance for approval. City of Jacksonville Beach Nome occupations are allor¢d Sn all bu! the lorest density residential district by exception. Moat are granted/eecretsry could not reeember on¢ that had been dented. CSty of Neptune Beach •' Neptune Beach does not alloy home occupations. ~... SIGN AND ADVERTISING STRUCTURES - OTHER CITIES City of Jackaonrilly Beach 031-premise directional signs are not allored for any buss neea or organization other then non-profit businesses or organizations. Examples Churches, Moose Lodge. Off site dirvctionvl signs for subdivisions are not permitted. City of Jacksonville Off-premise directlonsl end informational signs ere not allored for any business or organizstlons other than government buildings and fae111tiea or historical sites. Off Bite directional signs for aubdlVielone ere not permitted. Tovn of Ornnpw Pwrk ' Allor no off-premise signs for businesses or eubdlvieions. They have msny businesses located off the main thourough-Sere e:sd often get •f lack' for~~~not alloying off premise signs. Recommend not alloying any off premise signs. FENCE REGULATIONS - OTHER CITIES City of Jacksonville Beach The height of fences is measured from the finished grade (from the ground up ). No allorancee ere made for rolling t¢rrain. The Clty Attorney has ruled that Variances car. not be issued for fence height for signs). City of Jacksonville The code does not address hor to measure the height of the fence (the rording ie Sdentical to that of Atlantic Beach code), harever, staff has interpreted it to wean height is measured from finished grade. Torn of Orange Park The code does not address the measurement of the fence. Their feelings rare that as long ae the height of the fence, at the highest point, doesn't exceed the maximum height allored, and as long ae it did nat affect directional signs not advertising commercial establishments are permitted, if permit is obtained and could be placed on street right-of-way. Commercial advertising touting products or services may be permitted on public service benches. The sign in question was installed under perv:it issued by the city building official on November 2, 1988 at the location In question. I am of the opinion that the sign erected in front of 1130 Seminole Road is within the street right-of-way and is not prohibited by the Ccde of Ordinances of Atlantic Beach. Ve,,r~ ~ ~~ruly yours, Claude L ful 1~3~ City Attorney " cI.N/aj cc: Richard C. Fellows Rene' Angers ~' ;; IAm OFFICES OF CLAU DEL MULLIS PROFESSIONAL ASSOCIATION 42$O LSI(ESIDE DRIVE /SUITE 114 IACKSONVILLE, FLORIDA 32210 CLAUDE L MULUS (904)388-1289 November 21, 1988 Honorable W.I. Gulliford, Jr. Mayor-Commissioner and Members of City Commission Gentlemen: You have requeste3 .ny opinion on whether double Faced directional sign erected under permit by the city on N.W. corner of Seminole Road and 11th Street is violative of the Ordinances Code of Atlantic Beach. Section 17-1 "Signs and- advertising structures" provides in part, "The following signs are expressly excluded from the operation of this chapter: "(11) Directional sions oP any religious, charitable ..or business establishments operated within the city, having...clubhouse or other site within the city for the purpose of indicating the meeting place or site is located in the city." All directional signs existing on May 13, 1968 were allowed to remain until such time as the condition oP the sign becomes unsafe. After May 13, 1968 a permit is required from the city specifying design, lighting, if any, and location. (underscoring supplied) (15) Signs posted on public service benches. Advertising signs on benches shall be regulated by contract by the city commission. The question is whether sign at the N.W, corner of 11th and Seminole in Front of 1130 Seminole Road is a directional sign exempt from operation of Chapter 17, Ordinance Code of Atlantic Beach. The sign in question reads "Selva Lakeside" and has located thereon a direction arrow. The background reflects palm trees and appear to be in keeping with the logo of Atlantic Beach seen many places. The design and location may not be aesthetically satisfying but in my opinion, it falls within the provisions of the code of Ordinances set forth in Section 17- 1(11) exempting certain signs from the provisions of Chapter 17. In construing Section 17-1(15) set Forth above it appears that if located on public service benches commercial advertising would be permitted under certain conditions. Therefore it appears that CITY OF rftlla+die b"eaels - ~lmtCdct ]Ifi OCEAN BOULEVARD P. O. BOX 26 ATLANTIC BEACH, FLORmA 32233 TELEPHONE 19D112~&2306 Date: November 22, 1988 To: Richard C. Fellows, City Manager From: Harry E. Royal, Finance Director Re: Proposed D. R. Bonds for Fleet Landing Project Before we commit to the issuance of the Fleet Landing Honds, I would like to offer some thoughts for consideration by you and the City Commission. The City of Jacksonville requires health related agencies wishing to issue tax exempt bonds to go through an application process with the Jacksonville Health Facilities Authority (a city appointed board). A copy of the application used for this process is attached. In addition, the agency is required to hire a financial advisor who reviews the feasibility of the project being financed by the tax exempt bonds. Also, another point I would like to make Ss that although we may not be directly liable for these bonds if they are defaulted upon, the City's name would still be associated with the bonds and the subsequent default. Such an association from the publics' perspective could possibly affect future financings by the City of Atlantic Beach from the standpoint of favorable ratings by bond rating agencies or the interest rate we might receive in the market place. It is my personal opinion that the Fleet Landing project will project will benefit the whole county as opposed to the City of Atlantic Heath, and theroforo the bonds should bo backed by the good name of the City of Jacksonville. However, if, for whatever reason, the City chooses to go ahead with this bond issue, I would encourage you to recommend to the City Commission that they obtain the services of a financial advisor to be paid for by the principals of the Fleet Landing project. Section 2. Should any section or provision of this Ordinance, or the application of any provision of this Ordinance be declared by the courts to be untons[i[u[ional or invalid, such declaration shall not affect the validity of Che remainder of [hIs Ordinance. Section 3. That all Ordinances of parts [hereof that are in conflict vi[h Chis Ordinance be and [he same are hereby rescinded and repealed. ' Section 4. ' Phis Ordinance shall take effect immediately upon its adoption. x x x x x x x x • x x x x Passed by the City Commission on first reading October 24. 1988 Passed by the Ci[y Commission on second 3 final reading Nilliam S. Hovell, Mayor, Presiding Officer Approved as [o form and correctness: Claude L. Mullis, City Attorney ATTEST: Adelaide R. Tucker, Ci[y Clerk 3. The inspector shall sign and seal the inspection . report which includes a certification that: (i) The beachfront lighting has been constructed in substantial accordance with the terms of this section. (11) The be athfron[ lighting does no[ illuminate areas seaward of [he primary dune at the time of night inspection. (111) The beachfront light sources are positioned so chat only deflected light may Se vis Sble from Che beach at the time of [he night inspection. (3) Standards for existing beachfront lighting. Existing beachfront lighting shall Comply with all of the conditions se[ forth in [his section by Hay 1, 1989. a. Adj us[menC to essential lighting. Existing artificial '. light sources shall be repositioned, modified oz replaced with modern alternatives so that only deflected light may be visible a[ ground level from the beach and/or does no[ directly Illuminate areas seaward of [he primary duns. b. Light sources that cannot be repositioned, modified or replaced, for whatever reason, shall be turned off from - 12:00 AM each night until 7:00 AM each morning during the ~. period May 1 [o October 31 of each year. (4) Publicly owned lighting: Street lights and lighting at parks and other publicly owned beach access areas Shall be in compliance with [he following by ' Nay 1, 1989: ; 1. Hhenever possible, street lights shall be located so that '. they will not £l lumSna[e [he beach. '. 2. Lights at parks or other public beach access points shall be shielded of shaded or shall no[ be utilized during [he period May 1 through October 3l of each year or turned off ' from 9:00 PM each nigh[ until 7:00 AH each morning. (5) Enforcement: Enforcement shall be the responsibility of the Code Enforcement Officer of the City and penai[ies shall be in accordance with ' Chapter 1, Section 1-I1 of the Code of Ordinance of the City of ! Atlantic Beach, Florida. ' -9- 7. The use of red, yellow, or orange lights is permitted where security of safety is a concern, shielding is _ impracticable or visibility from the beach cannot be prevented. Lov pressure sodium lights are also acceptable. b. LSghting for pedestrian traffic. z 1. leech--access-pa#nlsr-dnne-eressevees-beech-va}kweyer p#ere--er--eny--eEher--sEraeEnre-ert-er-seeverd-a€-!h! - pr#mery--dnne--des#Sned--€er-pedestr}en-tre€€#e-ahe}} nee--Ehe--m}e#enm-emennE-ef-}#ghf-necessary-Ee-Eesnre sefetyr Heach access points, dune crossovers, beach walkways, piers or any other structure designed for pedestrian traffic shall use the minimum amount of light necessary [o ensure safety. These lights shall be low Drof ile luminaires, low pressure sodium, or of low Intensity and recesaed, or shielded so [ha[ the source of light does not directly illuminate the beach. 2. Pedestrian ligh[Sng shall be of low wattage and recessed or shielded so [hat only deflected light may be directly visible from the beach, or low pressure sodium lights made used. c. Beachfront light Sng approval: Prior to [he issuance of a Certificate of Occupancy by the Building Department, compliance with the beachfront ligh[Sng standards as set out in this section shall be approved as follows: 1. Upon completion of the construction activities, a registered Florida architect or profess tonal engineer shall conduct a site inspection which includes a nigh[ survey with all the beach front lighting turned on. - 2. The inspector shall prepare and report [he inspection findings in writing eo the Building Department identifying: (1) The date and time of initial Inspection. (ii) The extent of compliance with this section. (iii) All areas of potential and obaerved non-compliance with [his section (iv) Any action(s) taken [o remedy observed non- compliance, if applicable. (v) The date(s) and time(s) o£ remedial inspection(s), if applicable. -4- ~.. ~'.. m. Pole Lighting: Light flx:ure se[ on a base or pole vl:lch raises the source of the light higher than forty-eight (48) inches o£f the ground. (2) Purpose and Application It is the policy of [he City of Atlantic Beach, Flo rlda to '. minim Sze artificial light illuminating area of [he beacf~es. No art tf teia] public or private light Source shall directly ll lumLmCe areas seavard oC [La primary dune vhe re 1[ may deter adu 1C female sea Cu [ties from nesting or disorient ha[chlings. ! a. Controlled use, design and positioning of lights. 1. The use of lighting for decorative and octant pu rp use a, such ae Cbnt emmio Clog [rwn spotlights ur floodlights, is prohibited 1F visible from ocean side of dune or vegetation line. 2. the--nx--a€--}}gpEe-€er-se€ety-end-seta[}Ey-pvrpeees she}}--be--}}m}eed--Ee-Ehe-m#n#mnm-rtnmber-regn#red-Ee eeh}ere-Ehe#r-€nneE}ens}-re}eEs). i 3. 4. Vallmoun[ Eix[ure s, landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly Illuminate areas seavard of the primary dune. ', 5. All lights on balconies shall be shielded from the beach or low pressure sodium lights may be used. 6. Lighting in parking lots within line of sight of the beach shall be post Cloned and/or shielded such that only deflected light may be visible from the ground . level of [he beach. _3_ t ~a.~.- ._ Flz[ure lights shall be designed andJor positioned such Chat [hey do not cause direr[ illumination of areas seavard of [he primary dune and [ha[ only deflected light may be directly visible from the ground level of [he beach. •~ ~ . . b. Beach access point: Shall mean any path through or over the dune used by the general public or private property owners for the purpose of gaining access to [he beach. c. Beach: Shat area of unconsolidated ma terlal along the Atlantic Ocean that extends landward from the mean low water line [o the place where there is a marked change in material or physiographic form, or to [he line of permanent vegetation (usually [he of fet[Sve isms[ of storm waves). d. Building Department: This is the Code Enforcement division of the City 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 the beach and depoefted by any natural or artificial mechanism. f. Floodlight: Reflector type light fixture which is attached di rettly [o a bulldSng or post and which fa unshielded. g. Cround-level barrier: Shall mean any natural or artificial structure rising above the ground which pzevents beachfront lighting from shining directly onto [he beach dune system. h. Low ProFlle Luminaires Light fixture set on a base which raises the 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. i. Nesting Season: Shall mean [he period from May I through October 31 of each year. j. Nev Development: Shall include new construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting. k. Perms t[ed agent of the Stale: Shall mean any qualified individual, group or organization possessing a permit from DNR [o conduct activicles related [o sea turtle protection and conservation. 1. Person: Shall mean any individual, firm, associacion, ]oin[ venture, panne rshlp, estate, Croat, corporation, group, state officer, or unit of federal, state, county, or municipal government, and all other associations and combinations, whether public or private. _Z_ ORDINANC6 NO. 95-88-37 AN ORDINANCE AMENDING TBE ORDINANCE CODE OF THE CITY OP ATLANTIC BEACH, FLORIDA; A!B?tD1IRG CRAFTER 5, CRPATING ARTICLE III, PROTECTION OF SEA TURTLES; PROVIDING PoR LICHTIAG STAIDIARDS POR NEW AND E7[ISTINC DEVELOPlfFNf: PROVIDING DEFINITIONS; PROVIDING FOR SEVEBABILITY; PROVIDING PENALTIES; PROVIDING FOR CONPLIC7ING ORDINANCES: PROVIDING AN EPPEC[IVE DATE WHEREAS, the 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 has been ident Sfied as a threatened and endangered species, and WHEREAS, rapid coascal development threatens the survival of turtle ha[chlings because [he artificial llgh[s cause disorientation in young ha[chlings, and WHEREAS, this Ordinance is neceaeary [o prote<[ [he natural reproductive cycle of [he sea turtle during the nesting and hatching seasons which runs from May I through October 31 each year, and WHEREAS, the protection of sea turtle ha[chlinga is in the in [e rest of [he public health, safety, and welfare, and NHEREAS, the City Commission feels [ha[ it is in [he best interest of Che citizens of [he CS[y of Atlantic Beach, Florida, Co amend [he Zoning Code of Ordinances as more particularly se[ forth hereinafter. NOW, THEREFORE, RE IT ORDAINED BY THE C1TY COlOtISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section I. Chapter 5, is hereby amended to create Article III, which shall read as follows CHAPTER S BEACHES ARTICLE III. PROTECTION OF SPA TURTf.PS Section 5-25. General Provisions and Ezeep[ioma. Outside Lighting in Beach Areas. (1) Interpreta[iona of certain [e rms and words are [o include [he following: a. Artificial lighc: Any source of light emanating from a manmade devlte, including but no[ lim'_[ed [o, incandescent mercury vapor, metal halide, or sodium lamps, spo[llghte, street lights, conscruc Lion or security lights. This shall no[ include flashlights, vehicular lights or indoor ligh[ing. NCICICE OF PUDLiC ^FMITYS CI1•Y O[' A177+NI'l[' Hl'l~S7l notice is hereby given [hat the City Comiission of Atlantic Reach, Florida will hold PUBLIC HEARINGS on November 28, 1~988oft h aLl~ •~ City Hall, 716 Ocean Boulevard, for the pur[n° oonsiderv~g the views of the public concerning the following proposed Ordinances: ORDINA[i~ ND. 55-88-22, AN OFI~ORIDA; N¢2~IDING CNAPPER 1~6t,~SECPZONOI6~ CITY ~' ATIAN!'IC ~1, TRASH AM CJ~RBAC$• ODLI.frfION31EFS,PP~BOVIDINGRAC] FI'FDCCIVE pp HESIDINI'IAL OlplpyfHCE N0. 58-88-13, AN ORDINANCE: AMF7IDING '140: URDINAt1CE CDDE ~' THE CITY OF A14ANfIC BEAISI, FIDRlDA; AMENDING CNAP'1'EIt 2, ARTICLE Vi, DIVISION 3, SFL'1'IQ7 2-262 RO CLARIFY 4f0i DEpINITION OF ~FSISATION SO AS 10 IIiC7.lDE INCENTIVE MONIES AS DEFItffD IN CHAPTER 943.22 FIARI[l4 STATi/iFS; REPEALING SECTION 2-279 AND PROVIDING FOR A [II•3.7 SECTIOtI 2-279 4U BRING '14E DISABILITY STA1V5 Wi1HIN THE FPAMEYI7AR OF CHAPTER 175.191 AtID CHAP7II1 185.18; AMESmING SECPICN 2-283 10 AiiL1N THE EMPLOYEE 70 CH006E NIS BEt~FICIARY; AMENDING SD:.TIQi 2-280 TD BRING '1fiE MAXSbHM PARACAApH 1 RND SUBPARAGRAPH 2; PROVIDING ANEFFECTIVE DAa ~ 112.65 All persons interested are notified to be present at said time and Place and they shall be heard. Copies of the OrA+n~^ces aze on file in the City Clerk's office at City Nall. If a person decides to appeal anY the Cit Comnission With respect to any matter decision made by Y considered at, atry meeting or heazing, he will need a record of the aid £or such purpose he may need to ensure that a verbatim Pis r s is made, which record includes the testiirony record of the proceed"ng and evidence upon which appeal is to be based. published: Beaches leader 11/16/88 -Purchase Order 13512 S c 1 a- F- i 9" 3: arm SMITH AND GILLESPIE ENGtN EERS.INC Mayor and City Commissioners Cicy cE A[lentic Beach SAG Proj ecc No. 8505-12-01 November 22, 1988... Page 2 Atlantic Beach to [Teat [heir domestic wastes. However, should [he situation ever arise, the estimated domestic wastewater which could be pumped co [he Cicy of Atlantic Beach for truatmen[ is approximately 1.0 MG D. The above numbers indicate [hat although there is adequate room fur expansion at the Atlantic Beach Wastevater Treatment Plant [o accommodate build-out of the Regional Service Area, any additional expansion to treat [he domestic vas tevater from Naypor[ Naval Base would have [o be tons[ructed at another site. One possibility would be to maintain Che City-owned property north of the Public Works Department specifically for such an expansion. This property is virtually adjacent to the existing treatment plant site, which would centralize the Wastevater creatmen[ facilities in one area of coon. Therefore, it is our recommendation chat at build-out of the Regional Service Area, [he City of Atlantic Beach will need to have a [reacment plant capacity of 6.2 HGD minimum, and might Want to consider planning for some additional capacity [o protect the City against any unforseen changes in zoning or residencial densities which could adversely impact on the quantity of raw wastewater being generated within the Service Area 20 to 30 years. As We indicated to the City Commission earlier, we believe there is adequate land area ro expend the Atlantic Beach Wastewater Treatment Plant up to 6.5 HGD. We trust the above Snformacion will enable the City to move ahead with the upcoming expansion-to its wastewater treatmenc facilities. As stated in our letter co Mayor Novell and the City Commission dated Octobe- 18, 1988, Smith and Gillespie Engineers, Inc. is prepared to begin design of the expansion facilities upon authorization co proceed from the City. If ve can be of further service on this or any other matter, please do no hesitate to concoct us. Sincerely, Benjamin David Avery, P.E., AS LA SHITN AND GILLESPIE ENGINEERS, INC. BDA/[f Enclosure cc: Mr. Richard Fellows, City Manager Hrs. Adelaide Tucker, Cicy Clerk Claude L. Hullis, Esquire, Cicy Attorney ., - SMITH AND GIL LES PIE ENGINEERS, INC. CF POD 5 J<CIt50NVILLE. ['LO n1Ow ]2201 190 s1 )~] 6950 November 22, 1968 Mayor and City Commissioners CSCy of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 32233 Subject: Estimate of Build-Out Population S6.G Project No. 8505-12-01 Atlantic Beach, Florida Dear Mayor and City Commissioners: As diree tad by the City Commission at your regularly scheduled meeting on November 14, 1988, and as requested by Nr. Richard Fellows on November 17, 1988, we have estimated [he build-out population vhieh the Cicy of Atlantic Beach should anticipate serving, along with commercial users, within [heir Regional Service Area for Wastewater Services, as established by the BioEnvironmental Services Division of the CSty of Jacksonville. This estimate was requested to assist the Co®iss ion in determining whether [here was adequate land area at Che City's existing wastewater treatment plant to expend and treat all incoming wastewater from the service area, should the Lity decide to take the Buccaneer treatment Plant out of service. Our estimate is based on the same referenced studies which were used in the preparation of [he Feasibility Study which we prepared and submitted to the City on October 6, 1988. We believe these referenced studies to be the most accurate estimates available at this time, realizing that there will be a margin of error in either direction of approximately ± 5 percent. Based on these estimates, ve anticipate there will be a service area population at build-out of approximately 32,650 persons. Alloying an average of 110 gallons per capita per day and applying a 1.50 facto[ fot commercial floes and allowable infiltration/inflow, the anticipated flows rill be 5,387,250 gallons per day, excluding the naval base and the northwest commercial area adjacent to the naval base. Alloying an additional 5 percent for the margin of error in estimating the build-out population, an additional 5 percent for the impact of seasonal tourism and adding 250,000 gallons per day for [he commercial floes at the northwest commercial dis[ric t, we believe the City should anticipate an ultimate expansion to 6,175,975 gallons per day, excluding the flows from Nayport Naval Base. We have discussed the possibility of the City of Atlantic Beach Creating the domestic wastewater floes from Nayport Naval Base with Nr. John Veal, Director of Public Works at Nayport Naval Base. Nr. Veal has indicated that the cur re n[ improvements being constructed at the Naval Base's 1.6 NCD wastewater plan[ should correct existing deficiencies at the plan[ and enable them to meet the discharge requirements of [heir permit. Therefore, he does not foresee in the near future the poss Sbility chat Mayport Naval Base would ask the City of L'n Lr 'll ol: __2:_.1CL.f:.er llnn : ~i'^ It c:P.;!:C'i A CLI2 _ !.6(ai Gi:'Ltl a!i'. i2F.G'!LA'i SCi!IS I i;'iZ C.1'1':J Iliai[il:i, ^!:CLIJ!::- '1'ii!(R4: Al: is 1'3 AC'1'iCN. DZ YI'lI: L'L'r _!'C UI: t!111:I!C:C:;:;AHT !i:il:DGl!:'(: iIl Ci:l:!tT'fl'i CJT rut: srr,lLr u::'rea cr r,:~ car:[; oa uarl::nece. me (;:I;)r.:;slr.r~:n .::p.etl, api>urs : al: .~ e,:etn sco-: <,~ r'^.' c._ .. Il;rme nn:i pddre:~r, of n;:pl. i. ~:;:,nl requr. r.t L:p v::riunc'c: flu Lc: 1. thv '. upplicnnl is uLhrr than -_. n,. ovncrn ut Lhc proper tp, ri LLCn eouucnt of gncd b/ :.11 L1.•.: cuncrr, of~lhe prepcrty eLnll Gc oltncCcJo , _S__!en liarri5,_11r_Cili _t_r,_„_________ - I'honc ZGi uroadwa'' 212 ;;J !lu ______________________._______ doe i:: de~e York, a.w Yo r.. 10713 - 2L'' •i31 l25i ----------------------- - uu.-_~ Yarlnncc it. !:ought tru:a Cl:c prowl ui one aS the: (x ) ZonL:g Code ( ) tluildin{7 Code ( ) :'l umbl ng .o:!c ( > S1ecLrScp1 Code ( ) Y.eoLaaienl Code ( ) Uther Lace tior. o{ huildinp or c:r:ro lure: . f)a the south -r,id„ !,t `:ixrh Street - nu, co, cunt, ;r c:: :_ _________..__..___ utrer.t nitric Street pddreoc unJ ler,al dc::crlp lion o{ proper Ly: flute: Al.txh ccp~ 01~ deed, p:;d eur :•ey cr plot dSagrva in;ticp tir.g pr epoe ed ew,~h-u~_Lloa. Lots 31,_37, 37, and '!1, Block 1 P.tlantic Beach, as recorded in ?.lat dock 5, Past i, ------------------------------------- - of Che cm•r•ent public record; of u;rv31 County; [onether rri th that ur,:a:r.:ereG stria o` _________________________________________________________ _ ____ lr.ti lyi nq between Otd Sherry Bond aad Lot 41. Fxistinn SU'acture (ta ;;r ,. ;ed`. ,.,, ., .. Lo:unp Cl ncuii iCptin~,: ^S ~ -~ dddl'CSS: `.:il ih^.rry ih'. ;ee LSen e{ Code Iron vi:ich v:n',.nrce is roupla: ~~_Zd_t9j J1.;51 L^__h1dJ_:C_)._ Gcocr!L•c v::ri:vlce r.• '. `:;,• , _qucc tc!.. __-_ redo tlon_n `_mint:°_ua_51 te_araa r^_(ui rc_:32i.__-- fcr_?. C.::. frrl sewn aca~, !,o alto-.. ,irn ,.: ~,~ of 31,11; square fret. i.72S .^` Tl:e rcamn :pria::cc 1. :~ ,,.in;: .. : a{:h(.: - _________________________________________________________________________ Su;%,pcrtl ng c:pW vh Suh chnuld be cor.uiucr ~d Vy tl:e Z)Oprd: "-:e cateri als ;::~r,;itted f;r the P.;!. p. aoa~icati rn, ineludi nn ren:'e ri r„s, site ----------------------------------- ---------------------------------- -- o an, ao del, and sunoor[', nq ;!r,cu_,,an[i on. Lcc cu:u'_ro.~!_1:-.:; p!r.:uc c;il>!.1... ..r ._ ':u.; _.. _.. .. L': np7%llc.; tic.:' ..~ 9 A c a s a 3 'i ~~-.. J g. .. LLB. _.-r.r %i~l ! r i -- 1 r1'f .. ! - ` -1; f JL]r7 _ IIC IIT:U 1- ~~:IN ~. I (:1 I IL L : ' 1 Ir ~...'P7 F ( , I ):i CL A2S' r;JFi:CI' L ii' T ... SCi l r CI 1 ~ C. r. [ v ;.`I9LCC E. ': ii.: U::Jr" f: r U1: ..., ..:LLu . _,. ... nn.! ...l:ir ena at :'.p~:11.. _.._ :': r_veat In _~ vari.uice: Hu tr. i f lh.. 11 r ciLrr t. ~. .l - c :ern of tha .:: cpcrt . ....~ Lh o:.-:-.r :r e_ - )', ~r1 t.^r '::un~nt ,_.. p. cpe.rty aha.'1 br, ntCa;:h:z t / / .1_-_~d:. ~~ \_~:. _ __``_ _~.__~,./:~.'~!/f.~!..: P6-.gyn., c ~. r _ '-' -- liom~: ~ i; i/ : 1,/~ ', ii c . .. .. ..__- __ c::uGht ]:: o.:: ;.ho In .:.-..._m.:. of tLr': ( :;on i:el Ceue ( ) Cli SC i.: r,; Cudc ..~ ..rlc;:i Cc:du S ) ib-. _..:::1 ual Code ( t/) Ot he:. .__. _. .. of •'-L:in'„• cr Irr...-.r r.. j .. ~ ..' ~~ _ r ,_' ~ ~. __ _ r~ _ _._J___ .__J_~~_~_ __ ____ "` _--- utrcet uamc - - r. __..-,. ..c..-c:..: and :^.I::1 ,f<•cc_'i,:l: cn o: property: :'ptn; ACtadr co;r,• ' ..:,...r _ .~.. ~l . -. ..:rd cor•: or , of dl. pres.. indices tin ci a propeeed cone' ict'>n, j' i. • ) ~ ' r ' _...-_r._. ,1 t:u;;.• Iron: ~. .. :c . . ..ought: ..c;.. __- --- ;.: / ~ -- .. ,. -. _.:r; d:. ~.:-. '*Iarh ^. v~u ld L=' c.,;;.'i. d:. :'cd b; the C'cc: d: 1.,:,:, (: nL;.... ..: ..,. U:r A14'L1G11y 24 _r "ICE llT E::GGf'Ti G:!" Cotc 1=lloda Ucta:irtn' ~ IJS.S L'nm.. nuJ Ad Jrnnn .o f. Ovn.n- :u 'lc:. u;aG Sp 1'ouo nnnlou oS 1'a r. n: to vur _____._ 1 Loue .;tre^t uaLic nnn nu:I L>pnl .r ..scrip Lion ei tae pre:-/aen un to vniaL tLn "Uce by Frzrey tlau in a~qu ni. dr ___S~_-_t__SiI2I:_.I-__1': L~.?!I'G_i;a.'d.7!, 1"~?C:P:\. ~:'. :. d^.^. c~lptlon of U:r• "Ure ily E:;cepL on" denied( s61ch n::all npec'Lm:lly n:v! pnrt Lcul nrly dre...r.'.be L(:c Lype, cLnr'neter' and en t~:n'- of [h:• prcpu ,ed "'1cc LS' ';;ccp [Sc n'I i _ _ C_'i 1.-'(~._ -. 1( 11 :___ __ - .rrLuc ~.:iron's, ur,:gin _. li rs. i -..'1;% .' ______________________________..______._ I "'~.. ,• o.f.1 he ;.~ o-.:'c: i.Ic _.-.. ,L nr u•.v. ___ ,:^c1Sic rcouanv Tray ELc nppi~cr..::'__enl^ the . eq cc:rL nir.;u::1 to gru:...::!t ~: ,• ., ..' ncT L^ :: is:::.: -;.L 'c are ~..::'!:n~.d ____ • _. :~:crc n:l: L ______ ... ~.: -1r :... .•1c. -: ..., c vu .. a,.!r,g. c.::r!'::J :;l uc rrt Sicr.t_cl,: ~~ ........ .~.,-. a:I ...,..._ 1....., _., :n __________ .:u::.;..cl::I rra::::1 .ii r(; 'l- __ i. r.LLL rt. N nq.wt u: 1 .( >6natm-: ~ uxne o1 ILr_ 1 rc L.~`r; L v .: .r ..Ir, llcntiou cannot he proc:_(~:::•d ,:_ nr ::LLr, ('ucy" luclua-~ ,....Lc~ xitl:cUt nv ;rc., ~~ Hors; ra~nr.tur r.. : q>licmlt to :Ln: _..: ec G.' •_... ......t:. : r ll ~. _,_..::oo'.: !:r .. c• - (,~ nt. :, qtr.: .; •'rr .,_ ;u-c. Lr, -:% ~'`: Plcnnv "I'y pr. yr i'a'lnt Su Iulc .- Al:pllu.tivv Fee "77.UU AI'I'LZCA'1'S OJI FU1J "USE UY EIfI:EPI'1 Utl" Unte Filrc:r Octo bor 21, 19pp~ Ile mn and AdJrr.un uI U"u,n' ar Tan m.t In 1'v vvnnnlon ut !'r noel ucui .. Gerald C.R. Wheatley ~ ~ ~~ __________________________________ ~ 1'L anc •, 1985 Drista de Mar Circle ~ ?31-0772 ' _________________.._ - __ Xorltl _Atlantic_Beach ,_ I?L 32233 _ ~ ~ ~ Ilomrr 246-7163 Street nddrenn and legal drnvriptlvn oS the prvminev nn to which the 'War by Exceptlen' Sn requevtedr - 1905 Drinta de Mar Circle ________________________________________________________________________._ j Atlantic Beach, FL 32233 _Lot_93, Selva Norte; Atlantic Desch, FL ~~ A dencrip~ion oS thn "Une by Er.cnptimt" desired, which shall np r.alitcnlly and particularly dreecrlhe the type, chvrrw ter and extent ai the prcpvned "Une by Elmeptlvn•r Use as home office location for "D & W Design/build"; as a place to keep ~, the books of account: a mailing address; address for certificate of occupancy. ~ ' Speciiiv renvvun xhy the npplloant Seela tl:e zeguent ahvuld he grnntedl Thie will be a _ _~---~ -~ -- -- part-time occupation for the owner of tit= premises. Jt4 No pedestrian or vehicular traffic will be generated. No~external signs will be ineta lied. The neighborhood will NOT be impacted i _Sn_any_way. i ------------------------------------ i 7.vniup Clnnviticativnt [~`- ( ~ ~ ~~ . _____________1___________ J / ! r _ _ _ ___h~Cv __ __ __ _ __ ~ ~___ _r7,,~ ~. ~.~=l ~i-~ _ Z~ ----~~ ` -- 1---- SSgnature o£ applicant/applicant n ~ ~~Sign are oS owner v£ the pr of>er ty_ nutLorized agent yr nttvnte y. if Apploation~. cJannot-ht ~Ennned agent m' attvrne y, Seclude J.e tter rithout owners alpuature. 111 `~ Srom nppltcont tv that ellect,~ i A] q .._...._....~._...~_....__-....-r.r..r .v ......... _nr .............._-- nn....rvr...-..-r... _...... -..-n.....~r...- j9 ~ .. _ ~ - ~ i - Appllrnutt Uv not S11J.-in 6~r •vnd titan ~7 ~ ~ ,~ ravpvad r, 5 point. Ile xea•c r, L-• prepat?:/ tv > Lirc SclluxlnU ltervn .. t ire. fro• RS-2 to PUD eubwlLted by Steven Harrla for property located on the corner of SSxth Street •nd Shsrry Drive. Somr Board wewberm felt that en spplieation for variance of PUD errs requirvwvnts should not be presented to the Cowmunity Developwent Board, that it should be presented directly to the City Cowwiaaion. The Board deierred action on the applications and referred the natter to the City Attorney for s legal opinion. Reap c~tfully Su/Jbm~itted,- /1 Rene' Nngmre, Secr '{ary Community Develapw~3E 8aerd _ -- 4wr. i~ . CITY OF 1~faKYie 6neaek - ~lduda November 16, 1988 MEMORANDUM To: The Honorable Mayor and City Commission From: The Community Development Board Subject: Board Actions of November 15, 1988 rSth Recowwendations ]I60CEAN BOULEVARD P. O. BOX ab ATLANTIC BEACH, FL011IDA9R233 TELEPHONE 19x119-R3% Your Community Development Board took the folloring actions st it's regular meeting on November 15, 1988: ^ The Board granted a rear yard variance to Richard Frledewann for construction of a room addition at 371 Ninteenth Street. All adjacent property Demers Aave given their rrltten approval. ^ The Board recowwends approval of an application for an office for B i M Design/Build as s hove occupation for Gerald Mheatley st 1985 Briets De Mar Circle. Mr. Mheatley rill be the only employee on the premises end he rill use hie hove to keep the books and to receive wail. ^ The Board recommends approval of an applicatien submitted by Johnny Crouch for • contractor's office in hie hose at 80 Dore Street, rhlch is nor zoned Cowmercial General. Mr. Crouch describes himself ae w handyman, replseing rindore and doors, painting and caking minor repairs. There rill be no outside storage. ^ The Board recowwends approval of an application by Alexander Harris to Install a septic tank on Tulip Street. The recowwendaklon Se subject to Mr. Narrie agreeing to connect to public serer rhen St becowes available. Mr. Harris has orned the lot for three years and plane to construct a single family hove. ^ The Board took no action on an application for variance of the area requirewent of s PUD and wn spplieetion for rezoning SVNMAAY 0! ANNVAL LOAN COSTS Snaurance Capital Loana Loana prior i Insurance Specific LO draw On Loana nfeer Pledge Reeerve draw Loana LOC !e• ('A' Gated BorCOwer) ,201 .451 .4$~ Annual Program lees 2~~ 2 3 5~ 2 3 9i : _ a g ~ , ~ Leaa Reeerve land Nat Arbitrags (.22~) (.221) (.221) Nst Annual Laan Coat .21St •465a •4651 ~.. r i Credit Provider lean: 1. OpLront• i3,OM - iS.OM Loan - .1751 SS.OM and greater - .15~ 150,000 cap par Pnrticipant FLORIDA LEAGUE OP CITIES FIRST MUNICIPAL LOAN PROGRAM Summary Of Terms program Adminiatratoc: Piret Municipal Loan Council. Punch Available; Approximately 5275,000,000. Minimum loan size o! 53,000,000. Eliyi6le Borrowers: Any City or County in the State . O! Ploclda, subject to credit requirements o! Sumitomo Bank, Limited. pecmieted aaaa of Funds: 1. Acquisition, construction or . reimburwmant of qualifying capital p[oject. 7. Sal! insurance reserve landing. Loan Tecm; All loans moat mature na later than December 1, 1995. principal Amortization: Mona required by Program. Subject to ehs consent of the Credit Pcovider. Interest Mate: Tax-exempt variable demand bond cats - reset weakly. Credit pcovider: Ths Sumitomo Bank, Limited c,~~,: ~.., ..... ~~ . PAOGRAN ~ISADVANTAGLB e Short loan maturit ~. 8acause the Dregram Bond^ mature on Dace er , , a `loans originated under the Program mu at mature on or before chat dote. ror longer term capital peojeete, a participant will likely Nava to refinance Sts loan through the issuance of current refunding bonds. These refunding bonds will continue to have the benefit of 'Pre-1986 Tax Law• with regard to the 25 percent private use east. However, the ability Co retain reserve land acbitrage vill be last for purposes o! the refunding bands. - o Ongoing costs on unspent loan ococeeda As pact of the Program reatzucturing, the oan origination period will be extended 6 months beyond the end of the original 3-year period. However, all Bond proceeds (exeepe those in the Debt Service Aeeetve Pund) vill be subject to yield reseriction after Daeember 30, 1988. Because certain Bond carrying costa cannot be tsken ae adjustments to bond yield, unspent loan proceeds must be inveaeed at the coupon rata on the Bonds, vhich is below the interest and ongoing fees payable on the loan. However, this carrying coat on Che loan will be partially offset by the borrower's share of reserve fund acbitrage. Sea the 'Summary of Annual Loan Coats' included as an ateachmeat hareeo for a computation of this carrying cost. Although bond counsel for th• Council is of the opinion that loans can be mad• to Lund self inauranc• taservea, it has recommended that the Council seek judicial confirmation o! thin use of bond proceeds in view of th• unique nature of this use of bond financing. Beeauae it could take at least 60 days to aeeuce Chia judicial confirmation the Council mny be unable to cloa• loans for self insurance purposes before the •nd of th• year. However, poeenelal partieipanta are urged to have their aetuarinl studies completed as soon as possible. PROGRAM ADVANTAGES o Yze-Tex Retocm rules e 1 Because the Program Bonds wer• ieeu• n , use o Oen proceeds will be subject to rules in efface prior to the Tax Reform Aet of 1996. Therefore, up to 2S percent of a participant's loan proeeede may be used in an activity that directly or indirectly benefits a private busineea. I! a participant did its own linanclnq eeday; the amount o! private use would be llmitad to 30 percent. o Arbiera in Debt Service Reserve. Because the arbitrage cebae• ru ea o not app y to a rogram Bonds, the net arbitrage earned by the Debe Servie• Reaarve Pund will be credited on a pro rata basis eo each participant. This net arbitrage should eeduce a participant's borrowing cost in the Program Dy at least 22 basis polnea a yesr. e cow Laval of face. the upfront and annual credit provider •es negoe ae• by the Program are extremely competitive witb similar financings in the Stac• of tloride. Because of the Program's ability to enrn arbitrage during its origination period, the uplrone loan origination fee is aignilicantly lower than the eoste a! issuance and undecwciter'^ dlaeount that a city or county would pay i! St chose to do its own linancinq. o Flexible loan securit It is anticipated that many borrowar• may ea r• to secure their loans with a general Covenant to budget and appropriate from non ad valorem revenues funds sufficient to pay debt eecvics. 2hs Credit Bank is comfortable with thi^ type o! security device and has approved similar loans in other programs in Ploeida secured in this manner. :~ irrt MunldDal Loan Coundl loud o(Olnaon n.~. wml.a s. M•.W ur.r. Au.rlc aueu In{~IaI11aM WmWn ti Evan 1µs, a.N.aua ..r~.l kdly fapr. nayana bath ohs K lad tarty. AaapW •.ddl Wlw Gaya,. Irlnrlxa Florida League of Cities' FIRST MUNICIPAL Lo/aN PROGRAM Adminlater•d by: Flonda Lague of Clnes. Inc Poet OBIca Box 1757 Ta0shaaaaa. FL 32302.1;5; 190{1222.9684 Suneom 282.5010 The Pirat Municipal Loan Council (the 'Council') is pleased to present to you lnlormation regarding the ceat[ueturing o! the Plorida League of Cities First Municipal Loan Program (the •Pcogram•). The Program was originally funded from the issuance of the 8300,500,000 Pooled Loan Pcogram Revenue Bonds, Series 1985 (Plorida League of Cities Picas Municipal Loan Program (-the 'Honda') issued on Oecembec 30, 1985. The Council has recently undertaken a program reatructurinq to make it mote attractive to Plorida cities and counties by aubetantially reduelnq the coats of participating and by expanding the permitted use a! the Program to include funding self insurance reserves. It is anticipated chat The Sumitomo Bank, Limited (the 'Bank') will become the sole credit provider for the Council's Program and will have the responsibility of evaluating and approving all loan applications. The Bank has committed to review applications and make credit decisions as quickly as possible in view of the short extension of the loan origination period for the Program. INSURANCE PROGRAM The revised Loan Pcogram Sa being expanded to permit loans for the purpose of landing self insurance reserves under the terms similar to the program developed by the Sunshine State Governmental Pinancinq Commission. This Program aneicipaees the fineneinq o! individual sal! insurance reserves for liability elaime. The Program does not provide insurance coverage) it Complements the individual local government's self insurance program. Bach government pays for its own losses and there is no risk sharing among borrowers. The maximum size o! each participant's self insurance reserve is determined through an actuarial study. A number o! po[eneial participants have already completed the actuarial analysis. .rn Msnfefpal loan Council car elDfrsc~on a.mna.. unawa s. NavMf aw. au.e+e tl.arA aYar ~YfxllxalA Eva ~rnxan J. ILgr syor. DaYVUn Bvad~ MKW ayac Ap/Ya WaY tVYv vaot. Nlnrita florida League of C(tles' Adminiacared by: Flwfda laagw a/Clna. IM. FIRST MUNICIP L Pac Omca Box 1757 '~°~.17s; ;~: ~ ~ A , , LOAN PROGRAM Suneem7lp•5010 62ECIITIVE SDMM71tY OP THS RESTAOCTORED !300,500,000 POOLBD LOAN PROGRAM REVENGE BONDS, SExIEB 1915 9D0NSOABD BY PLOAIDA LEACOE OP CITIES OCTOBHA 20, 1918 PAGE EIGHT' MINUPE$ NWFDIDER 14, 1988 NAME OF COMMAS. M S V Y V N pjlc/FT TAxm~nS - CONfZNUFD Commissiorer Cook requested the Commission consider the possibility of trading a 50-foot lot fronting on Pine Street at the entrance of Howell Park with a 50-foot lot irtmediately to the reaz thereof front' on Magrnlia Street. Following discussion, the City Attorney was in- strvxted to reseazch and determine if there aze any covenants and restrictions which mntrol the use of Fbwell Park_ If there are tone, the two px+gxrties will be appraised at ro cost to the city. Mayor GLlliford appointed Comnissiorer Jensen, Mrs. Dorothy Berber, Ruiald Della lbrta, and Adelaide 1LCker to serve on the Committee to screen the City Clerk applicants, and report back to the Mayor with a recomendation of what they view to be the top three, Commissioner Jensen will Chair the Committee. All Crnmittee meetings will 6e held ' the Sunshine. 7Yte Mayor will call a Special Call Meeting to appoint new City Clerk. The Mayor also annouTU:ed the appoinhmnt of a new Comnissiorer for Sea 9 will take place at the next meeting on November 26, 1986. that seat will expire on November 7, 1989. Mayor Gulliford presented in full Resolution No. 68-22, a Resolution oamm~ding Adelaide 'Ricker for her service as City Clerk. lotion: Passage of Resolution No. 86-22. Cook x x No discussion before the wte. lotion carried unanimously. Edwards Jensen x x x +++++:r++::+:+.+.++++++++++++++ pylliford x there being ro other busiress to cote before the Commission, Mayor Qtlliford declared the meetirg adjourned at 8:30 p.m. William I. Gulliford, Jr. Mayor/Presiding Officer ATTEST: Adelaide R.TUCker City Clerk on November 7, 1988. PAGE SEVCS7 MINUIFS HOVFDIDER 14, 1988 Action on Ordinances -continued 3. Ordinance No. 58-88-31 -First Reading AN ORDINANCE AMENDING TFiE ORDINANCE CODE OF 77tE CITY OF ATI.ANI'IC BEACN, FIARIDA; AMCHI)ING (MAPPER 2, ARl'ICLE VI, DIVISION 3, SETION 2-262 TO CLARIFY THE DEFINITION OF SENSATION SO AS TO INCLUDE INCINTIVE MONIES AS DEFICII•9 IC] CHAPTER 943.22 FLORIDA STATUTES; REPEALICiG SECTION 2-279 ACID PROVIDING FOR A NEW SECTION 2-279 TO IIRING THE DISADIISTY STATUS WITHIN TftE FFANQ~S+ORK OF CHAPTER 175.191 AND CHAPfF.R 185.18; PI4C2IDING SECTION 2-283 TO ALIDW TIC E2~@IUYEE TO CFgOSE NIS BENEFICIARY; AMESIDING SDLTION 2-260 TO BPSNG TF~ MAXJMUM AFDIMT OF PENSION IN10 CONFORMANCE WITH FLORIDA STATUPES CHAPTER 112.6: SUBPARAGRAPH 1 AND SUBPAPGRAPH 2, PROVIDING AN EFFECTIVE GATE. Mayor G<il.liford presented in full, in writing Ordinance No. 58~~86-31 on first reading. Cbtion: Passage of Ordinances No. 58-86-31 on first reading. No discussion before the wte. Cbtion cazried unanimously. Mayor Gulliford set the Public hearing for November 28, 1988. * # # t # # # 4 t * * * # # # t t # fi 4 # t t # t # * # # # 4. Ordinance No. 55-88-22 -First Reading AN ORDINANCE AMEIDING THE ORDINANCE NDE OF TFBi CITY OF ATLANTIC BEAL7I FLORIDA; AMFSIDING CtiAPTIIi 16, SFSTION 16-7, SUBPARAGRAPHS 1, 2, AND 3, '1C) PK7VIDE FtlR AN INCREASE IN RESZDFSlTIAL TRASH ACID GAREAC£ COIS.FKTION PROVIDING AN EFF'FXTIVE DATE. Mayor Gulliford presented in full, in writing Ordinance No. SS-88-22 on first reading. Motion: Passage of Ordinance No. 55-88-22 on first reading. During discussion before the vote, Crnmissioner Cmk requested the title be amended to include the word "fees". Artended [btion: Passage of Ordinance No. 55-BB-22 on first reading, with the provision the title will read TO PIaVIDE FOR AN IIiCREASE IN RF5IDFNTLAL TRASH ACID GARBAGE OOLLFS.•fION FEES; No discussion before the wte. Ibtion carried unanimously. Mayor Gul li ford set the Public Hearing for November 28, 1986. t # * fi # * * t # * t * * # * t * * t # # * * # * # # # t # # 12. Miscellaneous Each Ccmnissioner congratulated Mayor Gulliford relative to his berg elected Mayor unanimously and said they would work with him in every w, to help the city function properly. NAME OF COMMHS. M S V Y V N Cook x x Filwards x x Jensen x (~lliford x Jensen x Edwards x Cook x Edwards x x .Jensen x x (,Llliford x PAGE SIX y V t•IINDt<'=S NAME OF NO/Eh®ER 14, 1986 COMMRS. M S Y N 11. Action on Ordinances -continued 2. Ordinance No. 80-88-37 -Public Heazing AN ORDINANCE AC(Z:P1'ING THE OFFER OF ATIACII'IC UTILITIES OF JAf.7(SCMlILLE INC., TO SELL CEISAIN OF THE ASSE15 OF THE OAK HARBOR WATER AND SEWER SYSTEM TO 141E CITY FOR TfO: HJRFOSE OF A(X2l7IRING THE OAK HARBOR WATER AND SIWER SYSTEM OYa7ID AND OPERATID BY ATLANTIC VTILITIES OF JACKSONVI , INC., DESCRIBED IN SAID OFFER FtlR THE PURCHASE PRICE SET FORTH IN THE AT17~CHkD AGREEMQ7T OF PI1RL11ASE AND SALE: ESTABLISHING THE OAK }AFMDR WATIIt AND SEFFII~Ii DISTRICT OF T14i CITY WITHIN WHICH THE CITY WILL PIiDVI WATER AND SEWER SERVICES THIiDIX3i THE SYSTEM PURCHASID; AV14pRIZING THE ISSUANCE OF OAK HARBOR M1iTER AND SEY>ERR DISTRICT REVENUE BONDS FOR P OF THE PURCHASE PRICE OF THE ASSET'S: AVi4URIZING PAYMEN'P OF THE BOtIDS FRQ4 THE NET REVFNU6i AND AVAIIABLE IMPACT FEES OF THE VTIIZTY SYSTEM SERVING OAK IWI>BDR WATII2 AND SEWER DISTRICT; AI114pRI21NG AND DIRECTING CEEa'AIN OFFICERS OF THE CITY TO EXECVIE THE AfREE`iENT OF PURCHASE AND SALE: AND 01'F1ER DOL1)E>ENNfS, AND TAKE CIIZTAIN ACTI(W 1N COEAIEX,TION THERE WITH; IMPOSING A CAPITAL FACIISTIES ACO[TISITION CHARGE UPOti CURRQTT CLlS1t24E[a OF THE AOQUIRID FACILITIES; AND PILOVIDING AN EFFECTIVE DATE. Mayor Gullliford presented in full, in writing Ordinance No. 80-88-37 ' on final readth4. Said Ordinary-'e ties posted in lire with Charter raga " tents. Fie arsywnoed the Ordinance title had been amended. Each Cartniss rer had received the amendnerts. The title amendcent was sin a ca ita facilities aWUisition charge upon current customers of the acquired facilities and on page 6 under "cross levenues" but including Capital Facilities 'sition s herein. On a 33 another sect' added to the Ordinance: Section 22 Ca ital Facilities ~sition s Motion: Approve the amendnwnts to Ordinance No. BO-86-37. Cook x Edwards x x Jensen x x No discussion before the vote. Ebtion cazried ~,..a.,sm~usly. Gulliford x f f# f Y f f# f f f f# f# t t*! f f t!### t f 4## Mayor (~lliford opened the floor for a Public Heazing to amended ordi- nance No. 80-86-37, and invited euments fmn the audience. Mr.M000e, 1831 Selva Marina Drive asked what benefit the passage of the Or ' would be to Atlantic Beach. Why were we going outside the city to take n a systan that through the years will put a demand on our taxpayers. Ma r Gulliford explained the purchase was for the same reason we aoluired Buccaneer, and if he rent back and looked at the success with euccaree , he did not think amore could say Buccaneer put a burden on the taxpa s. He added it would 9o a long way in subsidizing the operatic ousts of city witin the revenues it will be gererating. The Mayor agreed the Oak Harbor systan was not as good a deal as Buccaneer, but it did project positive revenue tier the 15 yeazs. As ro one spoke for or against the Ordnance, the Mayor declared the Public Hearing closed. Action on the Ordinance will be taken on Decerber 12, 1988. # # t * # # t # # # f w f f # f f f * f f # # * ! # x * # # PAGE FIVE MINUTES NWQ~IDER 14, 1986 10. 2. Charles Biggins U.se try Exception -continued During discussion before the vote, Cannissioner Edwards expressed the opinion the Commission was going overboard with granting the exceptions for Ixne occupations. He suggestrd the City Attorney prepare a Fesolution providing that ro more hone occupation licenses would be issued, and the present ones mould be grandfathered in. Commissioner Cook pointed out it would be unfair to smeone only using a typewriter and phone rot to lie allowed a tare occupation. Mayor (Llliford suggested the subject should be addressed as an agenda item for the next meeting. Following discwssion, the question was called atd the motion carried unanitrously. Mayor (~llifozd opened the floor for a Public Heazing on the Exception by Emory 1liorpe, and invited aaments fmm the audience. A5 ro one spol for or against the exception, the Mayor declared the Public Heazing cl~ Motion: Approve an exception for Finory lfiorpe, 831 Bonita Idaad to uptolster couches, love-seats and furniture in his tree. During discussion before the mote., Gmnissioner Cook opposed. It was different than having a typewriter or using the ptxx~e. 'lfiere could be furniture in the yard aId gazage. Grmissioner Edwards agreed. Crnmiss: Jensen reminded the Camussion that the Cortneuiity Develnlment Boazd ha< remlmended approval with conditions there could be ro outside storage, no machinery, and ro cvstarers at the hate. Mended Motion: Approve an exception for tltiory lfiorpe, 831 Bonita Road to upholster couches, lave-seats and furniture in his Mare with the provision there be ro outside storage, ro outside work, ro machinery, and ro customers caning in and out. No discussion before the mote. Motion cazried with a three to one vote. G>tmiissioner Cook voted may. + + e + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 11. Action on Ordinances: 1. Ordinance No. 95-88-37 -Continued Public Heazing Mayor Oalliford announced it had been requested the Public Hearing be continued to the next meeting on November 28, 1988. Motion: Continue the Public Neazing on Ordinance No. 95-BB-37 until the next meeting on November 26, 1968. tb discussion before the vote. Motion carried waaninously. NAME OF COMMRS. M 5 V Y V N sed. Jensen x Edwards x ner Cook x Edwards x x Jensen x x I Gulliford x Caok x Fdvards x x Jensen x x Gulliford x PAGE FC1[JR V V MINUPFS NAME OF NOVFDffiER 14, 1988 COMMAS. M S Y N 9. Smith and Gillespie feasibility study on consolidation-continued Mr. Fellows requested guidance from the Commission on consolidation of the Buccaneer sewer and water and Atlantic Beach sewer facilities. 'Ihe Commission had alrnady approved adding another facility at the Buce-,v~eer district to bring that up to a two million gallon facility. we are now running about 1.9 million gallons daily at the Atlantic Beach facility, a 2 million gallon per day facility. Fie said they now needed to take into consideration the development of Section A aId the Fleet landing property, and buildout for Atlantic Beach. 'ltie study reflected the capital costs of consolidating was approxi- mately the same as enlarging both facilities. Commissioner Edwards asked if the transition of cowing fmn one plant to another would offset the difference. Mr. Avery of Smith anti Gillespie explained the plant would only he disbanded, transition lines would still be there aId lift stations. Mr. Avery also said the city had adequate land for a six million gallon per day facility that would go through year 2010. Mayor Gulli ford said they neaded to look at the total buildout first and take action at the next meeting. Crnmission agreed. 30. Action on Exceptions: 1. Public lieaz' on an a lication for Use Exce ion Dawson Development Co. wishing to install an above ground storage tank in the Newly Street Industrial Pazk. Mayor Qallifosd opened the floor for a Public Hearing on the exception by Dawson land Development Co. and invited caments fran the wadi>_nce. As no one spoke for or against the request, the Mayor declazed the Public Hearing closed. Motion: Approve an application for Use by Exception by Dawson laid Cook x Developrent Co. to install an above givunrl storage tank in Edwards x x the Mealy Street industrial Park. Jensen x x (~lliford x During discussion, Crnmissioner Edwards asked what would be stared in the tank. Mr. Fellows said they planned to store diesel fuel and imtor oils in the tank for their heavy equipm=_nt and dump trucks. Follaving discussion, the question was called and the motion carried unanimously # # * # # # # # # t # # # # # # # # * # 4 * # * # # * # # # * 2. Public Nearing on an application for Use by Exception by Charles Hr rns at 820 Sailfish Drive for a home occ~ tion to rate his la business out of his residence. Mayor Gulliford opened the floor for a Public Hearing on the exception by Chazles Higgins and invited ovtments fran the audience. As no spoke fo or against the application, the Mayor declazed the Public Hearing closed. tbtion: Approve the application for Use by Exception by Chazles Cook x x' Biggins at 620 Sailfish Drive for a bare occupation to Edwazds x operate his lawn business out of his residence. Jensen x x Gulliford r. PAGE THREE MINUfFS NWFPffiER 14, 1988 7. Report on the allocation of Recreation fords by the Councilman Jazbce Recreation Committee. Rose Blanchard, Director of Parks and Recreation, reported the city had requested ;160,000 for the purpose of developing a tract of lard on the edge of the waterway just north of Atlantic Boulevazd. Councilman Jazbce's Committee awarded us ;125,000, the largest sum awarded to any project. Mayor Qrlliford thanked Mrs. Blanchard for her efforts, and reminded the Commission they had allocated funds for the purpose of acquisition of those 7 acres. we have 4 acres adjacent that was planned fora transfer station site, but now the direction seemed to be away fmn a transfer station. We now have a potential of I1 acres to develop should we acquire the 7 acres. The lard has been appraised for ;160,000. Unfortunately the only appazent way to pursue the aoquisition would be by corxla~mation. The owner is of the opinion cordamation is the only way to go. Motion: Direct the City Attorney to prepare the necessary Paso- lution to present to the City Cortmission to authorize arSnent damrin proceedings to acquire 7 acres for develop- ment of a park on the edge of the waterway just north of Atlantic Blvd. Follawirxl discussion, the question was called and the motion cezried unanimously. 1fie City Manager will mntact the owner by letter relative to a negotiated price. * * * * * f * * * f * * * * * * * * t * 4 * * * * * t * * * The City Attorney advised the Commission the Public Heazirxl was solely in order to caiply with the tax laws. There has to be a Public Nearing at which time there would only be a Resolution referred to as the Indu< Arent Resolution. Authorization would come later. Discussion was held o; risk to the city. Following discussion, the question was called and the :notion cazried unanirmusly. * * * * f * * * * * * * * * s * * * * * 4 # * * * * * f * : * 9. Discussion by the City Commission on a Snuth and Gillespie feasibili study on consolidation of the City and Buccaneer Water and sewer distri NAME OF COMMRS. M S Y Y V N Cook x x E~uazds x x Jensen x Gul liford x Cook x x Frlwards x x Jensen x fulliford x s. Motion: Authorize a Public Heazing for November 30, 1988 on a proposal by Fleet Iandiny to utilize a portion of the Internal Revenue Code and the Florida statutes to issue tax exert bolds for the developnrznt of the proposed facility. PACE 1Y,0 MINUTES V V NO/EDIDER 14, 1988 NAME OF COMMAS. M S Y N ion on a r s r e re uieers au onze an additional 510 000.00 for resident oroiect observation on the sanirary manhole replacenrent or. Selva Marina Drive Seminole R3. and 11th Street. - Motion: Authorize an additional ;10,000.00 for resident project Cook x observation on the sanitary manhole replaognent on Selva Edwards x Marina Drive, Seminole Ad. and 11th St. Following a lengthy discussion on why the engineers had asked for the extension, Co~miissioner Edwards nrrved to amend his motion. the City Attorney told the Crnmission they could, in the future, set whatever parameters the Commission wanted to, in the ameunt of excess the city will pay for engineering services, and it mould 6e up to the various engineers who make the proposals to decide whether they would accept under those conditions. Mended Potion: Authorize an additional ;7,300.00 for resident Cook x x project observation on the sanitary manhole replacement on Edwards x x i Selva Marina Drive, Seminole Rd. and 11th St. Jensen x ~ No discussion before the vote. Potion carried mwnimously. pilliford x # f # # # # # # # # : r # # # # # # + # # f # # # # # # f # + 5. Appearances: A. Clements, Rumple Goodwin D/AVi with a presentation on a proposed new City Hall P7r. Au:tple and other representatives offered a slide shay of the pro- posed new city hall, and presented the Camiission with a scale model replica of sane. The overall size of the Commission O~:bers will sea from 90 to 100 people, whereas now the Chambers can seat 48 to 60. the question was raised if they needed to expand the proposed size. One solution was to use moveable walls and doors that could open out. Aro r thought was to Wild a larger roof structure for the Q~attbers aId put smaller Wilding within that, and if expansion was needed, the walls could he moved, the anticipated construction costs would be f630, 000 ;650,000 with a construction period of 10 months. Crr~letion date esti mated for 3/90. The Mayor thanked Mr. RunQle for their presentation, su3gested they leave the scale nndel in the front with a onmient box f citizen perusal. the item will be on the agenda at the next meeting. 6. Actico the Ci Commission to a rove final t to the Bello' Capany on the lake Elizabeth proiect in the Buccaneer water i Sewer DrstrrCt in the mmimt of £10.143 OB Motion: Authorize the final payment to the Belloit c~any on the Cook x x Lake Elizabeth project in the Buccaneer water b Sewer Edwards x x District in the amrxmt of f10, 143.08. Jensen x No discussion before the vote. Motion carried unanimously. (Llliford x ### f## f f# f## f f 4 f f f# 4 f# f#### f f## ~ma>TFS aF T18i ReG(IIM l~:TIIiG ~ THE ATLANTIC B~® CIT1C mt- NISSIQI 1ffiD AT CITY NAIL Q7 NOV@ffi2 14, 1988 AT 7:15 P.M. PRESFT7P: William I. (ulliford, Jr., Mayor Pro fpm-Camussioner Robert B. Cmk, Sr. Glenn A. Edwards Alan C. Jensen, Crnmissioners AND' Richard C. Fellows, City Manager Claude L. M~Illis, City Attorney Adelaide R. 'nicker, City Clerk The meeting was called to order by Mayor Pro fpm Gulliford. The invo- cation, offered bl' Commissioner Cook was follaaed by the pledge to the flag. Fbtion: Nanu~ate William I. Gulliford, Jr. for Seat 1, Mayor- Ca~missioner. Commissioner Gulliford thanked the Gmnission for their wte of confidence. Fie said he already felt the loss of Billy Fbwell, and while the city ought see some procedural changes, he did not think there would be airy shifts in philosophy. The question was called and Mayor Gulliford was duly elected by a unanimous roll call wte. 2. Approval of the minutes of the regulaz meeting of October 24, 1988 Motion: Minutes of the regulaz meeting of Oc.-tolzr 24, 1988 be approved as submitted. No discussion before the wte. Motion carried unanimously. * * * * * * * * * i * * * * f * i * * * * * * * * * i * * * * 4 3. Recognition of Visitors Mr. Robert Vincent, 1130 Semirole Rd. offered a petition signed by 15 residents opposing the place~ent of Selva Linkside permanent direction sign on the right-ofvay at the northwest corner of Seminole Aoad and 11th Street. Mr. Vincen[ also questioned why a pen!tit was issued to Mr Louis MacDonell for the sign. Ne requested the Gmnission consider wit drawing the permit as a pzeoedent would be set by allowing a canmrcia sign to ~ place in a public right-of~vay in a residential neic~i6orhoo Mayor Gulliford accepted the petition and drrected tM City Attorrey G reseazch the matter, and report back at the next meeting with a detenn nation of the legality of such a sign. ME OF COMMAS. M O T I O N S E C O N D v O T E D Y E S I. v O T E D N O Cook x x Edwards x x Jensen x Gulliford x Cook x Edwards x x Jensen x x Rilliford x 1 ~~.___ 1. An application by Gerald Wheatley, 1985 Brista De Mat Circle, for a home occupation where he will keep [he books of account, a mailing address and an address fora Certificate of Occupancy for B4W Design and Build. The board recommends approval with conditions. 2. The board forvards with a recommendation for approval an application submitted by 7ohnny Crouch for a contractor's office in his home ac 80 Dora Screet, which is now zoned Commercial General. There will be no outside storage. 3. The board also forvards with a recommendation for approval an application by Alexander Harris to install a septic tank on Tulip Screet. Tulip Street is outside of [he special assessment project, but Mr. Harris has agreed to sonnet[ with the public system when i[ does become available. 4. The board took no action on the SC even Harris application but has referred i[ to the City Commission for [heir consideration. I understand a legal opinion on this is forthcoming from Attorney Claude Mullis. o I chink ve finally have the Ordinance on the sea turtle lighting along [he beach front correct and ve are mailing out new copies of this Ordinance for your study. This Stem vas held over on public hearing from the last meeting. o There will be a public hearing on two Ordinances on Monday night. One is an Ordinance amending [he Ordinante Code to provide for increase in residential trash and garbage collection fees, and the other ae an amendment making changes 1n our Pension Ordinance regarding disability and other benefits. o We also have prepared for introduction a new Ordinance which changes the order of business for the City Commission meetings, and would provide for a consent agenda. A consent agenda would simply allow ue to group together on the agenda Chose items Chas ve feel would have no controversy attached thereto, and which could be adopted by one simple motion. Should a City Co®Ssafoner have any ques[Sons regarding a matter on the consent agenda, he would simply make a motion to have [hoc item pulled and the rest of the consent agenda could be adopted. A copy of [he proposed Ordinance 1e included for your study. o One matter the City Commission ie going [o have to wrestle with shortly !e a request by the Fraternal Order of Police Co create a separate board of trustees to administer the benefit program for policemen and firemen. The board is to be independent of the current board of trustees and is to adminia ter only the benefits for policemen and firemen and to make any recommendations for changing the benefit structure. The current practice of investing the entire pension fund is [o continue as is with [hose decisions [o be made by the torrent board of trustees. The Fraternal Order of Police has also asked for separate accounting of the funds attributable to the police and fire employees based on their con[rlbutiona. This accounting is to be provided to the new board of [ruateee on a regular basis. The City Commission will want to be considering this. question, I think everyone is in favor of seeing the Fleet Landing pro~ec[ go forward, but ve should all have an opportunity [a evaluate in our own minds any liabilities which we feel might exist. o Tabulation of bide with recommendations will be presented [o the CS[y Commission on Monday nigh[ for three new 31-yard garbage trucks. These are being purchased in connection with our plans to use larger packer trucks to make the long haul to the landfill Sn lieu of a solid waste transfer star ian. o The Florida League of Cities First Municipal Loan Progt am is being restructured to alloy loans for the purpose of funding self-insurance reserves as yell as adding certain program advantages. Dick Dowdy, who administers the program for the Florida League of Cities, will be on hand Monday night at the City Commission meeting to discuss [he new program and ve are enclosing herewith an executive summary of the program for your perusal. The League will be asking for the adoption of a Resolution authorizing the signing of certain documents in connection with the restructuring and it appears from first blush it would be co [he advantage of [he City co participate in the restructured program, particularly with a view toward the construction of a new City Nall. Please look over Che material and le[ me know if your require any additional information. o If the Commission has had an opportunity [o re-study and re-think the possible consolidation of the Atlantic Beach and Buccaneer wastewater plants, we nw need to make a decision as to whether or not ve are going to go out under the Consultants Competitive Negotiation Act to seek the engineering services [o prepare [he plans and specifications for same. Inasmuch ae the City is rapidly depleting its final sewage trestmen[ plant capacity, it is important that a decision be made in Chia regard soon. This will be an item for discussion on Monday night. o IC is ancECipated the developers of Sevilla Gardens will be asking the City Commission for plat approval on Monday night. Thle will be in order provided [he City has received an Irrevocable Letter of Credit or Cash Bond guaranteeing the completion of the public improvements. We understand such an Irrevocable Le [ter of Credit is on the way and Sf ve receive iC, St will be in crder for the Ci[y Commission [o consider approval of the plat at the meeting on Monday night. o Ci[y Attorney Mullis has concluded his legal research regarding the Selva Linkslde directional sign located ac Eleventh Street and Seminole Road. Its are enclosing a copy of his opinion. Community Development Director Mgers has concluded the research which we asked her to undertake relative to these types of practices in neighboring tic ies and her findings are also included. It appears most other cities do not alive off-premise directional signs For subdivisions. If 1[ is the City Commission's wish to amend the Ordinance, action should be taken to authorize the drawing of an Ordinance to effect this change and being our sign Ordinance more into compliance with what [he other cities in the area are attempting to do. Ne shall await your direction in Chia regard. o Enclosed is a memorandum of board actions by the Community Development Board aC their regular meeting of November I5, 1988. The board is fonrarding with recommendations, the following: CITY OF f1YlaKtc'e b'eack - ~loaida 9160CEAN tlO ULEVARU >__- _ _._.___ _._ __._..____. P. O. WXR6 ATLANTIC tlEACN. FLORWA al111 " \ Tf:LEPHOh'F. 19M~219-2~% November 23, 1988 To: The Honorable Mayor and Ci[y Commissioners From: Richard C. Fellows, Ci[y Manager Subject: STAT08 REPORT o The First item of business on Monday, November 28, 1988, will be action by [he City Commission to select a new member to fill the unexpired term for Seat 4 recently vacated by Com;alssioner Gulliford on his selection as mayor. o After a meeting with representatives of Smith and Gillespie and the staff, I have come [o the conclusion [hat the upcoming bond issue and loans for the purchase of the Oak Harbor syscem, the improvements in Section H, and the possible expansion and tonsolida[ion of the Buccaneer and Atlantic Beach wastewater treatment plants will place a significant financial burden on the City. In view of this i[ is my recommendation [hat for [he time being the City abandon temporarily its plans for Major Sever Rehabilitation of Section "C", "D", "E", and "F", which were recently televised, cleaned and sealed. The funding for sever rehab in these areas approaches 3500,000.00 and should ve wish to continue i[ would be my thought this funding should be included as part of [he bond issue for [he consolidation of [he Atlantic Beach and Buccaneer wastewater treatment plants. Therefore, absent any objections, ve plan to notify the Department of Environmental Regulation [o remove the proj ec[ from the FY 1989 priority list since there are no further grants available and the City would have to undertake the project through a loan program. Please tontatt me if you have any questions Sn this regard. o Co®isaioner Robert Caok has asked [he Ci[y Attorney and [he City Manager to research what action might be available to close off the north end of Se lva Marina Drive where i[ connects with platted Old Sherry Road located just was[ of Che Oteanvalk subdivision. I[ is Comeissloner Cook's feeling that if we would adopt an Ordinance closing off this portion of [he street it would eliminate any possibility of a through street being Opened at some future date. This should be an item of discussion for Monday night. o I hope each commissioner will mark his calendar for the special meeting to be held on Wednesday, November 30, (988, a[ 7:15 PM [o consider the issuance of [ax exempt bonds for [he Fleet Landing proj etc. Finance Director Royal has furnished me with some thoughts re lat he to this proposal, a copy of which I include [o give each of [he City Commissioners a chance to evaluace [he matter further. There is no DECEMBER s~ atm..a~ ..a ~~~ ~. ~: l ~~.