11-01-95~~~.,~>r. r~..d~,,~ 1~,.yc,.J`
MEMORANDUM
TO: Mayor and Commissioners
City of Atlantic Beach, Flori//d11auu~~
FROM: Robert O. Freeman ~IWr^r~
Squire. Sanders & Dempsey
DATE: November 7, 1995
RE: Refinancing of City Hall Loan and Financing of Other Capital Projects
Bxkground. The City has previously entered into a Participation Agreement with the
First Municipal Loan Council pursuant to which the Ciry bortowed funds to constmct City Hall.
Under the [eons of this loan, a balloon payment is due December 1, 1995. Additionally, the
City has plamted certain capital projects, ircluding renovations to the Public Safety Building.
parks improvements and renovations to the lifeguard building. The Ciry has requested finarcing
proposals fmm commercial banks to refinance the City Hall loan and finance the other projects.
These proposals are due November 10, 1995. Because the City Charter requires all Ciry
borrowings to be au[horized by ordinance, we have prepared and enclose an ordinance
authorizing the refirercing of the City Hall loan and the financing of the capital projects.
Requested Action. Consider the attached ordinance on first reading on November 13.
1995.
Please note tha[ upon submission of the banking proposals. the erclosed will be revised
to reflect any additional or different terms required by the successful bidder. A copy marked
to show all changes from the enclosed will be provided to you at or prior to the meeting on
November 13, 1995.
u,u m:rawr,~wicw,a «rnwiun.
.....,w, ,. ,vn .::~
~~
EXHIBIT "B"
COMMITMENT LETTER
_v 1 f1.In iii-. e~ b\\R iM1i~: 11' I'M'160~
B'I
to occur on the date as of which the interest on the No[e is deemed includable in the gross
income of the Lender.
In no even[, however, shall interest be charged or paid in an amount in excess of the
maximum interest rate permitted to be paid under applicable law.
.u nn i,.,~,nxwc~~u~ u~iws inu*.
A-7
WI Loss of Deduction. Under Section 2651 6)(31(6) of Internal Revenue Code. In the
ccem the Note is determined not to be a "yualified tax exempt obligation" within the meaning
of Section 265(6)13)(8) of the Inernal Revenue Code, then the original interest rate on the Note
shall be adjusted to _9o per annum and any intervening adjustmenu made shall be
recalculated using the adjusted rate.
(e) Other Change in Tax Laws. If the tax laws or regulations are amended «t cause
the interest on the Note to be taxable, to be subject w a minimum tax or an alternative minimum
tax or [o otherwise change the after tax yield on the Note to the Lender Wirectly or indirectly,
other than a change described in (a) through (d) above or because o(a Determination of
"I'axability'I then the interest on the Note shall be adjusted to cause the yield on the Note, after
payment of am' increase in taz, to eyual what the yield on the Note would have been in the
ahsrotxr of such change or amendment in the tax laws or regulations.
The atwve adjustments shall be cumulative, but in no event shall the interest on the Note
exceed the lesser of the maximum permitted by law or the Taxable Rate se[ forth below. The
above adjustments to the interest rate on the Note shall be effective on the effective date of the
applicable chance in the tax laws or regulations. All tax rates and interest rates are expressed
as annual rates. However, proper partial adjustment shall be made i( the [ax law change is
effective after the first day of the Lender's tax year or i(the interest on the No[e does no[ accrue
fir the entire taz year of the Lender. Adjustments which create a circular calculation because
the interest on the Note is affected by the calculation shall be carried out sequentially, adjusting
the imerest on the Note accordingly in each successive calculation usinc as the new value the
adjusted interest rate on the Note, until the change on the interest rate on the Nme cau>ed by the
nex[ successive calculation of the adjustment is de minimis. If more than one of paragraphs (a)
thnmeh (cl apply, then the interest on the Note shall be adjusted in the order in which listed
atxn'c_
Taxable Rate
Notwiths[anding the Rrregoing, in the event of a "Determination of Taxability" (as
hrrcinafler dcfinedl. this Vote shall bear inreres[ at the rate of
percent 1 _ l) per annum Ithe "Taxable Rate"), from anti after and retroactively to the date
as of which such Determination of Taxability is made and the Nuteholder shall be entitled to
such additional interest on this Note. Pon purposes hereof. "Determination of Taxability" means
the circumstance of the interest on the Note becoming includable for Federal irxome tax purposes
in the >•nss income of the Lender as a coraeyuence of any act. omission or event whatsoever
anJ reeardless of whether the same was within or beyond the control of the Cdy. A
Determination of "taxability will be deemed to have occurred upon (il the receipt by the City or
the Lender of an original or a copy of an Internal Revenue Service Technical Advice
1lemnrandum or Statutory Notice of Deficiency which holds that the interest on the Note is
includable in the cross income of the Lender, lii) the issuance of any public or private ruling
of the Internal Revenue Service that the interest on the Note is includable in the cross income
.d the IAnder: or tiiit receipt by the City or Lender of an opinion of a &nxl Counsel that the
interest on the Note has become includable in the gross income of the Lender for federal income
tax purptses. Pur all purposes of this Definition. a Determination of Tazabiliq~ wilt be deemed
A-6
(Note: To be included if required by Lender)
SCHEDULE2
ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS
Adjustment to Interest Rate
la) Change in Maximum Corporate Tax Rate. If the maximum federal corporate
income tax rate for the Lender during any period in which interest is accruing, shall be other
than 34 ,then the imerest on the Note during such period shall be modified by multiplying the
imerest on the Note las adjusted) b}' a fraction equal to 11 - A).r.66 where A equals the
maximum marginal corporate income tax rate then in effect.
Ibl Lars of Federal Ine:ome Tax Deduction for State Income Taxes. If the federal
income [ax deduction for state irxome taxes paid on the interest nn the Note during any period
is reduced because of any change in the tax laws or regulations then the interest on the Note
shall be increased during such period by an amount equal to A x B x C x D where:
(11 A equals the (racoon (expressed as a Decimal) of the total state income tax
disallowed as a result of such tax law change;
(2i B equals the rate of the applicable state income tax )expressed as a
decimal):
13) C equals the maximum federal corporate tax rate then in effect for the
Lender )expressed as a decimaU; and
t41 D equals the interest on the Note )expressed as a percentage).
ic) Panral Taxahilin~. If the interest on the Note during an} period hecomes partially
taxable because of any change in the tax laws or regulations, then the imerest on the Note shall
be increased During such period by an amount equal to IA - BI x C x~here:
1 I r A cyuals the Taxable Rate )expressed as a percentage l:
2) B cyuals the interest on the Note (expressed as a percentage); and
fat C cyuals the fraction of the interest on the No[e which has become taxable
as the resuh n( such tax change )expressed as a decimaU.
- A 5 ii' iw i. ~.,.,,
SCHEDULEI
REPAYMENT SCHEDULE
Date Principal In[eres[ Tonal
.w Buie ~~.. o xn~~ pro: n' ;wv.~e uy.
A-0
IN WITNESS WHEREOF, the City of Atlantic Reach. Florida has issued this Note and
has caused the same to be signed by its Mayor or Vice Mayor aM its seal to be affixed here[o
and attested by the signature of its Ci[y Clerk, all as of the day of 1995.
ISEAL)
CITY OF ATLANTIC BEACH. FLORIDA
By:
Mayor/Presiding Officer
ATTEST:
City Clerk
N n(I Il:I:~ ~1 b~Yk ~MI~: il' IVF 110yn
A-3
txtween the City anti First Municipal Loan Council, as arttended (the "Refunding") and (ii)
acyuisition and construction of certain capital improvements within the City (the "project").
The City has covenanted in the Ordnance to budget and appropriate in each Fiscal Year
while this Note is outstanding sufficient amounts, from legally available Non-Ad Valorem
Revenues, to pay the principal of and interest on this Note during such Fiscal Year, as more
particularly provided in the Ordinance (the "Pledged Funds").
This Note shall rwt constitute a general obligation or iMebtedness of the City, and the
Lender shall never have the right to require or compel the levy of taxes on any property of or
in the City for the payment of the principal of and interest on this Note. 'this Note shall not
constitute a lien upon the Project, or upon any property of or in the City, but shall be payable
solely from the pledged Funds in the manner provided in the Ordinance, Reference is made to
the Ordinance for the provisions relating to the security for payment of this Note and the duties
and obligations of the City hereunder.
This Note may be prepaid in whole or in part prior to its stated date of maturity, at the
option of the City. at any time, and such prepayments shall be applied w reduce the principal
balance of the Note remaining outstanding and unpaid in the manner dexribed in the Ordinarrx.
This Note may not be transferred or assigtred by the Lender without the prior consent of
the City.
It is hereby certified, recited and declared that all conditions. Chines, and acts required
n[ exist, to happen, and [o be performed precedent to and in connection with the issuance of this
Note, exist, have happened, a[d have been performed in regular and due form and time az
rcyuired by the Laws and Constitution of the State of Florida applicable thereto. and that the
issuance of this Nule does no[ violate any constitutional or statutory limitatiotu or provisions.
JaA:I In ~., yX".M ~N[DI
~. ~'t 11 ' IW If.lll^
(Note: To be revised if Lender proposed and City accepu drawdown feature for advancement
of principal)
Nu.
EXHIBIT 'A"
5
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF ATLANTIC BEACH
REVENUE NOTE, SERIES 1995
KNOW .4LL MEN BY THESE PRESENTS, tha[ the City of Atlantic Beach, Florida
(hereinafter called the "City"), for value received, hereby promises to pay to
(the "Lender") as herein provided, in accordance with the repayment
schedule attached hereto as Schedule 1, solely from [he pledged funds hereina([er mentioned,
the principal sum of
and to pay solely from such pledged funds interest on the principal b:Jance outstanding from
time w time at [he rate of percent (_%) per annum, such interest being
pa} nbie on 1. 199_, and quarterly thereafter on each January L April 1, July 1 and
Uaoher I. (The interest rate on this Note shall be subject to adjustmem in certain events as
more particularly set hmh on Schedule 2 attached hereto and by this reference incorlwrated
herein.)
(merest and principal payments other than the final principal payment shall he payable
by check or draft of the City mailed to the Lender at its address as it appears on the note
registration btx~k maintained by the City. The final priru:ipal paymem on this No[e shall be
payable when due in immediately available furxls upon presentation and surrerxler thereon [o the
Cin.
Interest un this Note shall he calculated on the basis of a 360-Jay year. umsisbn¢ of
[wclce 30-Jay months.
In no even. hnwecer, shall interest be charged or paid in an amount in excess of the
maximum merest rate permitted w he paid under applicable law.
"this Note is issur_d pursuant m the Constitution and Laws of the State of Florida.
particularly Chapter 166. Pan fl. Florida Statutes. and other applical%Ie provisions of law, and
:m ordinance duly enacted by the City Commission the City of Allamic Brach, Florida on
- 1995 (herein referred m as the 'Ordinance"t for the purpose o(pnrviding funds
for the tit refunding of the City's outstarxling obligations order the Participation Agreement
A-1
SECTION 17. EFFECTIVE DATE. This ordinance shall take effect immediately upon
its enactment.
PASSED on First Reading November 13, 1995.
PASSED on Second Reading _ [995.
Approved as to form, sufficiency and
correctness:
City Attorney Mayor/Presidine Officer
ATTEST:
City Clerk
4 1lrlr~',~r el MA\K r;lr:
Ill u? ivn~e off.
the saleSofCthe Note shall be appPed byTtO COy to pay Pm~ECoDsts anti Rrfurxli ge Ceods~rom
SECTION 13. DEFEASANCE. If, at any time, the City shall have paid, or shall have
made provision for payment of, the principal attd imerest with respect to the Note, then, and in
that event, the pledge of and lien on the Pledged Funds in favor of the Lender shall be rto longer
in effect and [fte City shall have no further obligation to comply with [he covenants contained
in Sections 10(B), (C), (D) and (E) herrnf. For purposes of tire preceding sentence, deposit of
Federal Securities in irrevocable trust with a banking institution or trust company, for the sole
benefit of the No[e, with respect to which Federal Securities the principal of and interest will
he sufficient to make timely payment of the principal and interest un the Note, shall be
considered "provision for payment."
SECTION 14. DELIVERY OF NOTE. The delivery of the Note to the Lender is
hereby authorized. The Mayor or Vice Mayor, the City Clerk anti City Attorney are each
designated agents of the City in conrection with the execution and delivep• of the No[e and are
authorized and empowered, collectively or individually, [o take all action and steps to execute
and deliver any and all instruments, dceuments or contracts nn behalf of the City which are
necessary or desirable in connection with [he execution and delivery of the Note to the Lender.
SECTION I5. SEVERABILITY. If any one or more of the covenants, agreements, or
provisions of this ordinance should be held contrary [o any express provision of law or contrary
m the policy of express law, though not expressly prohibited, or against public policy, or shall
fur any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall
he null and void and shall be deemed separate from the remaining covenants, agreements or
provisions, and in no way affect the validity of all other provisions of this ordinance or of the
Note delivered hereunder.
SECTION 16. MODIFICATION AND AMENDMENT. Nn material modification or
amendment of this ordinance, or of any resolution amendatory hereof ur supplemental hereto
may be made withom the consent in writing of the Leraler.
y n ~ iw, ie~yw
(5) under the provisions of any other law for the relief or aid of debtors, any court
of competent jurisdiction shall assume custody or control of the Pledged Funds or of the City
or of the whole or any substantial part of the City's property, atW such cus[utly or wntrol shall
not he terminated or stayed within 60 days from the date of assumption of such cusu:dy or
control: or
(6) the City shall default in the due and punctual performance o(any of the covenants,
conditions, agreemems and provisions contained in the Note or in this ordinance on the part of
the City u> be performed, including without limitation the covenant contained in paragraph (B)
of Section 10 hereof, and such default shall continue for 30 days after written notice specifying
such default and reyuiring [he same m be remedied shall have been eiven the City by the
Lender,
then in each and every such case the Lender, or an agent or trustee therefor. may proceed to
protect and enforce its rights and the rights of the Lender by a suit, action or special proceeding
in equity or at law, by mandamus or otherwise, either (or the specific performance of any
covenant or agreement conained herein or in aid or execution of any power herein granted or
titr any enforcement of any proper legal or equitable remedy (including the appointment of a
receiver) as the Lender shall deem most effectual to protect and enti>rce the rights aforesaid.
In the event of a default described in (3), (4) or (5), above of this Section 11, all amoums due
under the Note shall automatically and immediately become due anti payable without notice or
demand, which notice am! demand are hereby expressly waived h}' the City.
No remedy herein conferred upon or reserved to the Lender is intended to be exclusive
of any other remedy or remedies, and each and every such remedy shall M: cumulative, and shall
t>r in addition to every other remedy given hereunder or now or hereafter existing at law or in
cyuity or by statute-
No delay or omission of the Lender to exercise any right or plover accruing uprm any
default shall impair any such right or power or shall be construed w fx a waiver of any such
default. or an acquiescence therein; and every power and remedy given by this section to the
lender may be exercised from time to time, arai as often as may be deemed expedient.
1( an Evem of Default shall happen and shall nut have been «medied. the City or a
receiver appointed for the purpose shall apply all Pledged Funds as fidlows and in [he following
order.
(I) w the expenses incurred by the Lender or any trustee or receiver in enforcing the
City's obligations, including their reasonable attorneys' fees arW costs. wMaher or not suit be
brought, including such fees and costs at trial or on appeal:
IZl to the payment of the reasonable and proper charges. cxpmus and liabilities of
the receiver. registrar and pa}'ing agent hereunder.
(31 to the payment of interest and pritxipal due on the Note.
.!s \ 111+"~. i, Y.\\A ~ W 1~
p II) IYw In ~•Ip,
Amounts on deposit in the Sinking Fural may be investeJ aml rcinvesteJ be the City in
Authorize) Investments maturing or redeemable a[ the option of the City nut later than the date
such amounts are needed for the payments required hereunder.
Except to the extent otherwise required by any provision hereof or of any tax compliance
certificate Delivered in connection with the delivery of the Note, all income Irom the investment
of moneys in the fund and accounts established by this ordinatx:e shall, u!xm receipt thereof. be
Deposited to [he creJit of the Sibling Fund and used for the purpous thereof.
The designation of a special fum] by this ordinance shall no[ be construe) to require the
establishment of any completely independent, self-balancing funds. as such term is commonly
use) amt JeOned in governmental accounting, but is intended wlely to constitute un earmarking
of certain moneys and investments for certain purposes and to establish certain priorities for
application of such moneys and investments as herein provided. "fhe moneys and investments
require) w be accounteJ for in the foregoing fund established herein may be JepositeJ in a
single funD or account, provided that adequate accounting records are maintaim;d to reFlect the
allocation u( the moneys and investments on deposit therein into the fun) establisheJ hereunder
anD to comrol the restricted uses of such moneys and investments titr the various purposes as
herein provide).
The City shall not be required to make any further payments imo the Sinkine Fun) when
the aggregate amount of money arW Authorized Im~estments in sail funds anD accounts is at least
equal to the «nal principal of aral interest on the Note then outstanJine.
SECTION 1I. EVENTS OF DEFAULT AND REMEDIES. If one or more of the
tiAlowing events, herein called "Events of Default." shall happen, that is ut say. in case:
U) default shall be made in the payment of any installment n( the principal of the
Note when the same shall become Jue and payable; or
1'_I Jefau!i shall be made in the payment of any itutallmem of interest on the Note
when and as such installment of interest shall become due and pa}'able: or
13) the City shall (al admit in writing its inability to pa} its Debts generally as they
become Jue. (b) file for have file) against it and not Dismissed within 90 daysn a petition in
bankruptcy or take advantage of any insolvency act, (U make an assignment (or the benefit of
n, creditors. IDI consent to the appointment of a receiver of itself or of the whole or any
nubstamial pan of its properly, or let be adjudicated a bankrupt: or
141 a court of competem }urixliction shall enter an order. juJgmem or Decree
appointing a receiver of the Pledged Funds, or of the whole or am~ substamial pan of the City's
property, or approving a petition seeking reorganization of the Ciq~ under the federal bankruptcy
lams ar any other applicable law or statute of the Unite) States of America or the State of
Florida, atxl such order, judgment or Decree shall not be vacated nr xt :aide or stave) within
60 Jays liom the Date of the entry thereof; or
.n vi rv.... xn.r.,~o: ~ u , iw s„a„
of debt service on bottds and other debt instruments). However, the covenant to budge[ and
appropriate in its general annual budge[ for the purposes and in the manner staled herein shall
have the elfec[ of making available for the payment of the principal of and interest on the Note.
in the manner dexribed herein. Non-Ad Valorem Revenues and placing on the Cin~ a positive
duty to appropriate and budge[, by amendment if necessary, amouns sufticiem m meet its
oFdigatiorts hereumler; subject however, in all respects to the restrictions of Section 166.241.
Florida Statutes, which provides that the governing body of each municipality make
appropriations for each fiscal year which, in any one year, shall nut exceed the amount to be
received Gom taxation or other revenue sources: and subject, further, to the payment of services
and programs which are for essemial public purposes affecting the health, welfare and safety of
the inhahitants of the City or which are legally manda[ed by applicable law. The City represents
that the Project and the project financed by the Refurxied Obligations serve essemial public
purposes.
fCl Limi[ on O[her Encumbrance . While the Note is outs[anding. (i) Nun-Ad
Valorem Revenues laverage of ac[ual receipts over [he prior two years+ must cover projected
maximum annual debt service on all debt secured by and/nr payable solely Yrom such Non-Ad
Valorem Revenues by at least I.5 times: and (ii) the City will nut grant any liens upon or
pledges of [he Nnn-Ad Valorem Revenues such that the City would have irtsnfficiem Nnn-Ad
Valorem Revenues to comply fully with the provisions of the foregoing Paragraph (B).
(D) Financial Statements. Not later than 180 days following [he erd of each fiscal
year. the City shall provide the Ixnder the annual audited financial statemem of the City audited
be the City's certified public accountant's together with the report of such accountant's
containing only such yualifications as are reasonably acceptable to [he lender.
11:1 Annual Budeet. T'he City shall prepare its annual budget in accordance with
Florida law end in particular Section 166.241 and Section 200.065. Florida Statwes. atxf shall
provide the Lender a copy of its tentative and final annual budget for each liscal year as soon
as practicable up+m adoption thereof by the Commission and in any event prior w the
commencement of the fiscal year for which such budget is prepared.
IFI Sinkin¢ Fund. The City hereby creates and establishes a special separate fund to
be called the "City uF Atlantic Beach Revenue Note Series 1995 Sinking Fund" (hereinafter
called the "Sinking Fund').
On or beti+re the twenty-fifth day of each March. June, Septemfkr aral December the
City shall deposit from Non-Ad \'alomm Revenues u+ the Sinking Fund the amounts su(ficiem
w pay the imerest anJ principal becoming due on the Note on the tx:xt payment date therefor.
"1'he amounts remaining on deposit in the Sinking Fund on the day tidlowing the
respective interest or principal payment may be withdrawn by the City and applied for other
munidpal purposes. In no evem shall any moneys remain on deposit in the Sinking Fund (or
e period greater than thirteen 113j munch;-
SECTION 8. FORM OF NOTE. The Note shall be in substantially the hvm attached
hereto as Exhibit A, with such changes as shall be necessary to reFlect the terms set forth in
Exhibit B and such other changes as may be approved by the Mayor or Vice Mayor of the City,
such approval to be presumed by such officer's execution of the Nu[e.
SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE CITY. The
payment of [he principal of and interest on the Note shall be secured (onhwi[h, by a lien upon
and a pledge of the Pledged Funds. Until the Note is paid or deemed paid pursuant to the
provisions of this ordinance, the City hereby covenants (i) to appropriate in each Fiscal Year
from Non-Ad Valorem Revenues sufficient moneys to pay the principal of and interest on the
Note coming due in said Fiscal Year, and (ii) from such appropriated funds to pay said principal
and interest in such Fiscal Year. The Note shall not constitute a general obligation or
indebtedness of the City and the Lender shall never have the right to require or compel the levy
of taxes upon any property of or in the City for the paymem of the principal of and imerest on
the Note. The City does hereby irrevocably pledge the Pledged Funds u> the payment of the
principal of and interest nn the Note.
SECTION 10. COVENANTS OF THE CITY. So long as am of the principal u( or
interest on the Note shall be outstanding and unpaid or until provision tirr payment of the Note
shall have been made pursuant to Section 13 hereof, the City covenams with the Lender as
follows:
4A) Taz Compliance. The City will take all actions necessary (il to maintain the
exclusion from gross income of interest on the Note to the same extent as such existed on the
date of issuance of the No[e and (ii) to maintain the deductibility of interest expense incurred
by the Lender to carry the Note pursuant to Section 265(b)(3)(B) of the C!xle.
(B) Budeet and Aporooriate. The City covenants that it will. in each year while the
Note is outstanding, budget amt appropriate sufficient Non-Ad Valorem Revenues to make
payments of principal and interest on such Note as they l+ecome due.
Such covenant and agreement on the part of the City to budget and approprate such
amounts of Non-Ad Valorem Revenues shall be cumulative m the extent not paid, anal shall
cununue until such Non-Ad Valorem Revenues or other legally available funds in amounts
sufficient to make all such required payments shall have been budgeted. appropriated and
acwally paid. Notwithstanding the foregoing covenant of the City, the City does not covenant
w maintain any urvices or programs, now p; ovided or maintained by the Ciry, which generate
Nun-Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien up!m ur pledge o(such
tun-Ad Valorem Revenues, nor dues it preclude the Ciry from pledging in the future its Non-Ad
\'alurem Revenues. nor dues it require the City to levy and collect am~ particular Nnn-Ad
\'alnrem Revenues. nor does it give the Lender a prior claim on the Non-Ad Valorem Revenues
as oppuu'd to claims of general creditors of the City. Such covenam u> appropriate Nnn-Ad
Valorem Revenues is subject in all respects to the payment u( obligations secured by a pledge
of such Non-Ad Valorem Revenues heretofore or hereinafter entered into (in!auding the payment
~ I I) i+/i le ram„
property of or in the City other than the Pledged Funds in the manner provided in this
ordinance.
(J) The City does not expect to issue more than ten million dollars in tax-exempt
obligations during the calendar year ending December 31, 1995.
SECTION A. ORDINANCE TO CONSTITUTE CONTRACT. In consideration of the
aceeptance of the No[e by the Lender, this ordinance shall be deemed to be and shall constitute
a contract between the City and the Lender. The covenants anal aereements set forth herein to
be performed by the City shall be solely for the benefit, protection and security of the Lender.
SECTION 5. AUTHORIZATION OF NOTE, PROJECT AND REFUNDING. The
Project atd Refunding are hereby authorized and, subject and pursuant to the provisions of this
ordinance, tbe Note is hereby authorized to be delivered to the Lender as evidence of the
obligation of the City to pay to the Lender the sum of not exceeding the aggregate principal
amount of One Million Two Hundred Thousand Dollars (SL200,000) to be applied [n pay
Project Costs and Refunding Costs. Until expended to pay Project Costs and Refunding Costs,
the proceeds of the No[e shall be invested only in Authorized Im~estments.
SECTION 6. DESCRIPTION OF NOTE. The Note shall be payable to the Lender;
shall be dated the date of delivery; shall be in the denominations: shall mature on such dales,
shall bear interest at the Stated Rare payable at the time; all as shown on Exhibit B hereto. The
Note may be issued all at one time or in installments from time [o time.
The Nete shall be executed in the name of the City by the Mayor or Vice Mayor, arW
attested and countersigned by the Ciry Clerk, and the seal of the City or a facsimile thereof shall
he affixed thereto or reproduced thereon. The Note may be signed and sealed on behal(o( the
Ciry by any person who at the actual time of the execution of such Note shall hold such offices
in the City, although at the dale of such No[e such person may nut have peen so authorized.
The Note may be executed by the facsimile signatures of the Mayor or Vice Mayor or City
Clerk, so long as the Note bears one manual signature.
The No[e may be prepaid in whole or in pan prior to their stated date of maturity. at the
option of the City. as provided in Exhibit B. The principal of anal interest on the Note shall be
payable in lawful money o(the United States of America to the Lender at the address shown on
the attached Exhibit 6 or such aher place as shall be agreed upon between the City and the
Leveler.
SECTION 7. NEGOTIABILITY AND REGISTRATION: DESIGNATION UNDER
COUE. The Note shall be in (ally registered foam. No transfer of the Note shall be valid
unless approved by. and noted nn the registration books maintained hy. the City.
'fhe City hereby designates the Note as a "qualified taxroxempt obhgation' pursuant to
Scaion 265(6)(3)161 of the Code.
t \\1.11 ~I.t i,p1\'A rWli:
A If' Iw iD~Yp.
SECTION 3. FINDINGS. It is hereby found, declared, and determined by the
Commission:
(A) It is necessary, desirable and in the best imerests of the Ciq~ and its inhabitants
that the Ciry undertake the Project and the Refunding, which Project :md Refundine serves
essential public purposes of the City. `
(B) The City is without adequate currently available funds w pay project Costs aril
Refunding Costs, and it is necessary that fords be medz immediately available m the City in
order to undertake the Project and the Refueling.
(C) The City requested proposals from various lending instiwtiorts «, provide the City
with the necessary ^nancing (or the Project and the Refunding.
(DI The proposal of the Lender was determined to tx the lowest and txxst of the
nruposals suhmined.
(E) Pursuant to the Leeuler's Official Bid Proposal, the Lender has agreed to lend [he
City the principal amount of not to exceed One Million Twu Hundred Thousand Dollars
(S L200.0001 in return for the Note.
(FI It is in the best interest of the health, safety, and welfare of the City art the
inhabitams [hereof that the City covenant to budget and appropriate from the Non-Ad Valorem
Revenues amounts sufficient w repay the principal of and interest on the Note when due.
(GI The Ciq~ currently receives the Non-Ad Valorem Revenues. and is Iegall}' emitted
w covenant to budget and 'appropriate from such Non-Ad Valorem Revenues sufficient amoums
in each Fiscal Peer to pay the principal u( and interest on the Note, when due, subject to any
prior liens or encumbrances on such Non-Ad Valorem Revenues, whether now existine or
hereaticr created. `
(HI The Non-Ad Valorem Revenues are estimated w be sufficient «> pay the principal
u( and interest on the Note as the same becomes due and to make all other payments reyuired
er M made from such Non-Ad Valorem Revenues by the terms of this ordinance or other
instmmems to which the City is a party or pursuant to which all ur am pcmiun of the Non-Ad
\"alorem Revenues may he obligated.
IU -(he Note shall not constitute a general obligation or indebtedness of the City as
a "bond" within the meaning of any provision of the Constitution of the Stet[ but shall be and
arc hereby declared to tx special, limited obligations of the Ciry, the principal of art interest
.m which are payable solely from the Pledge) Funds in the manner pnrcided herein. Tlx
principal o(and interest on the Note to be issued pursuant «~ the precisions nl this ordinance art
all other payments provided for herein, will be paid solely from the Pledged Furls, and it will
never fx necessaq- or authorized w levy taxes on any real pn>peny of nr in the City to pay the
principal of or interest on the Note or other payments provided for herein. Ivrthermore, neither
ehe Nate nor the interest thereon, shall be or constitute a lien upon the Ynrject ur up~m any other
"Non-Ad Valurem Revenues" means all of the revenues of the Cip~ derived from wurces
other than ad valorem taxation arui legally available to pay principal of and interest un the Note
subject «[ any prior liens or erx:umbrances on all ur any specified Ixmiun [hereof, whether now
existing ur hereatier created.
"Note" means the promissory note of the City to the Lender in substantially the form
attached hereto as Eixhibit A with such modifications thereto as may fk approved by the Mayor.
ulxm the advice of the City Attorney and Bond Counsel, such approval u, he presumed by the
Mayor's execution thereof.
"Participation Agreement" means the Participa[iun Aereemem between [he City and the
Pies[ Municipal loan Council dated as of August 25, 1986. as amended end particularly as
amended by the Second Amerxlatory Participation Agreement dated as of Mae 31. 1989.
"Pledged Funds" means the Non-Ad Valurem Revenues budgeted and appropriated by
the City (nr the payment of [he Note.
"Project" means, collectively, the (i) construction and rcnuratiun to the Public Safety
Building, (ii! construction of certain park improvements, and tiil construction and renovations
w the Cin~'s Lifeguard Building, all loca[ed within the boundaries u( the City.
"Project Costs" means all or a portion of the cost of acyuisition and cunstruaiun of the
1'rajea: engineering. legal, accouming, and financial expenses: expenses ti,r estimates of costs
and of revenues expenses for plans, specificatioru next surveys: fees ul fiscal agents, financial
advisors or consultants: administrative expenses relating solely to the acyuisition and construction
of the Yruject: reimbursement to the City for any sums herewfore expended li,r the foregoing
purposes: and such other costs and expenses as may be necessary ur incidental to the financing
of the Project.
'Refunded tihligation" means the City's outstanding obligations under the Participation
:lgreemen[ in the original principal amount of 51,871.000, originally dated August '_5. 1986 atxl
curruuly outstanding in the amoun[ of 5652.135.
"Rcfunding"' meara the providing of funds (or the relinancing of the hallocm payment
coming due on the Ciry~'s Refunded Obligation
'Refunding Costs" mranc the cost of the Refunding. together with the legal, financial.
accounting and other expenses incurred by tlx: City in connection with the Itelundine attd with
any other expenses necessary or incidental thereto.
"Registrar" means the Director of Finance of the City nr such other registrar as the City
shall designate to maintain the registration hooks u( the City with respect w the lutes.
'Sinking IvnJ' means the fund created and established pursuam m Section IOfF1 hereof.
"Stated Rate" shall mean [hc interest rate slwwn on Exhibit B hereto.
-.. inn, nnnv.:wu. i u?iw m~y"
ORDINANCE NO. 35-95-10
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH. FLORIDA,
PROVIDING FOR THE REFINANCING OF A BALLOON PAYMENT ON
TIDE OUTSTANDING CITY HALL LOAN TO TI1E FIRST MUNICIPAL
LOAN COUNCIL AND FINANCING CERTAIN CAPITAL PROJECTS
WITHIN THE CITY; AUTHORIZING THE BORROWING OF NOT
EXCEEDING 51,200.000 FOR THAT PURPOSE: AUTHORIZING THE
DELIVERY OF A PROMISSORY NOTE IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT EXCEEDING 51,200,000 TO EVIDENCE THE
OBLIGATION OF THE CITY TO REPAY SAME: FIXING THE FORM,
DATE, MATURITY. AND INTEREST RATE WITH RESPECT TO SUCH
NOTE: AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION
WITIi TfiE DELIVERY OF SUCH NOTE: AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION AND ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH. FLORIDA:
SF,CTION 1. AUTHORITY FOR THIS ORDINANCE. This ordinance is adopted
pursuam to the provisions of Chapter 166. Part II. Florida Statutes. and other applicable
provisions of law Ilhe 'Act").
SECTION 2. DEFINITIONS. The following terms shall have the following meanings
when used in this ordinance unless the context clearly reyuires otheru'ix. Words importing
sincular numbers shall include the plural number in each case end vice versa, and words
imlxming persons shall include firms and corporations.
"Authorized Investments' means any obligations, deposit certificates. or other evidences
of indebtedness legal for invesment pursuant to law, to the extent not innmsistem with the terms
of the investment policy of the City' and applicable law.
"City" means the City of Atlantic Beach. Florida.
"C~de" means the Internal Revenue Cnde of 1986, as amended from time to time, and
includes the applicable regulations thereunder.
"Commission" means the City Commission, as the governing Mdy of the Ciry.
"Federal Securities' means direct obligations of the United States of America.
'lender" means the bank or other institutional investor described in L-xhibit B, attached
hereto, makine the loan to the City pursuant to the terms of this ordinarKe, and upem the terms
and conditions set timh in Exhibit hereto.
S
o£C
S
§ _¢
u
~~
a
G e Z
V
c3
~e Y ~ n
~ $ ~ a
$~g i ~L g' ~ ~ 3
M f [ ~~ N
~N ~ ~ ~ +
i ~ ~ 9 ~ h o~
° S $ ~ ~
AL N f
e ~ g
8 ~ f ~ ~ ~ 8
~ Z ~
N M q
•" S J ~ ~ O O ~ C
C 'a~`f ~ r
= 3 ~
O
Yi e W M M ~
y C
~~ K ~
g ~g x
v
LL ~ c C t
~ N
SE!E! ~gy~
g i~ ' "= $
4 ~ M j}$$~{ ~ m wy
P
N p~m~
.~4 ~ A
'` ~ ~ ~ ~¢ 4 ~ `" 3
'.5: r 1f1 6 qtiq IQ
~ ~ y M
v ~ <
r'~ ~ g ~' R 6 # ~
-6 ~ ~ r M
-~: a ~
--~ ~ _
0
-:: a t ;
.,,, s a d
€~
~`C
~'
6
w
~y
i
3
l
y„~® see au ~u.~ cosa en to-a L4~OT sas ~T
CORRECTION
THIS DOCUMENT
HAS BEEN
REMICROFILMED
TO ASSURE LEGIBILITY
~~~
~~~
.~, _
x ~
~ a~$~ ~ € ~~ " ~
8 N V
d Ol
e !!
a 2E N
~ g g v
. ~ dig ~ s~ ^~ 53 ~ ~ ~
4 .. M
8 ,e
~ ~ ~
o
N Z p ~ p ~
{ $ ~ ~ ~ ~
€_
'c ~ ~ g p~55 g N ~
s C~ ~-^ y ~n 2 o w o
w o
w c
L ~~ ~•t
g
~g ~ ~ ~~ ~~ ~ ~ !
< - ~
pp ~ ~ c
O 2 .":
e oa a ~: 25 ~ E o
~ ~ 4 n ~ ~ ~ S~ ~ g o
you ±~ - d -a 4 n
S Vl ~- ',-_ ~ N ~ ~ N M
UT !{.
0*
Q c ep
N Z p M ~ ~
y ~ A h
} ~ «
:. S
''&" g ~
~ ~
~:._ f ~
:~~" 2
:_
b
Y
3
r
2
3
s
Si
~ C
E
i
zno~
sty ata ~~~.~
sons aes coed ~s:or sr:rz:rr
u u-es tsaz Qaor eae ssos FL'CYC RB Fit ~ooz
Clly dAtWfYO Bsaeh, FlaNa
GsnsrY GOVRrlrllsrlt Ga111fat MnYtelrstnerlh
Qscund by Non Ad-1r~b~an ROnnuN
rt Union (1) rust nut 12)
Ameoflt f325,000 WA 5325.000 3325,000
1f10sfMt Raba) 1.88% WA 6.25% 5.38%
'fepsymeftt Nuns WA None Nons
snsNr
AaWMbnYI nOt DrOViCOC WA notDroviESO notprovwefl
BOtlfla TNt
Cloaing COSb fci NIA yt,137.50 30
YOe~ty 59,728.03 WA 59,777.08 39,708.09
Payment
Telal DS4t
8efylee 5350,137 WA f351,07a 5352,850
CesN11Y7RMt
EYOiratlon WA WA rat Dirfdirl0 WA
(1) Fief tFlany aiG.M nol nfrrN ty t1r Ci4/. <%o0M ardp rre b Fiwoi AbwWr. WO MFrrO Pol fppofpne.
(2) SunTrulY Wr Dk rY p~eea b isevl ~ fa2E.000 esM ~M.
FnO~feE 5Y Fief UNOn f+Gtr 11YbY
11/l11p
GENERAL FUND HIGHLIGHTS
Property Taxes - A one time .6 mill increase in property taxes which was
adopted in 1994/1995 for the acquisition and funding of City Parks was
removed. Also, the City's 1971 General Obligation Bond was paid off in
1995. No debt service millage is levied in the 1995/1996 fiscal year. The
proposed 2.9221 millage for the 1995/1996 fiscal year represents an 24%
decrease from the prior year's millage of 3.8693.
General Fund Expenditures are budgeted based on maintaining the City's
existing levels of service without enhancements or betterments.
Financed Capital Expenditures -The following Capital Expenditures are
proposed to be financed through a 3 year lease purchase. The proposed
proceeds from the lease purchase are reflected as Debt Proceeds in the
General Fund budget.
Building Official Vehicle S 13,000
Code Enforcement Vehicle S 13,000
Police Patrol Vehicles - 4 S 78,000
Pickup Truck -Park Maint. S 13,000
Riding Mower -Park Maint. S 13,000
Imaging Hardware -City Clerk
The following Capital Expenditures are to be financed long term in a
51,300,000 combined program which includes the refinancing of City Hall
and other projects included in the Capital Improvement Fund:
General Fund Renovations to Lifeguard Building S 40,000
" Refinance of Cite Hall S 652,735
Capital Imp. Fd. Renovations To Public Safety Building S 237,865
" 800 MHTZ Radio System S 150,000
" Park Improvements S 220.000
S 7.300.000
Personal Services - The following new position is included in the
1994/7995 General Fund Budget.
Part Time Secretary -Police
S 20,000 has been budgeted for a park plan for the Tresca property, a park
which borders the Intracoastal Waterway. 5 10,000 of the study is funded
by a Florida Inland Navigational Grant.
Memo Page 2.
On November 10, 1995 the City received bids from Barnett Bank, First Union
Bank, Southtrust Bank and SunTrust as summarized by the financial advisors on
the attached pages. Copies of the bids are on file in my office for your review.
NationsBank declined to respond based on the City's security position.
Barnett Bank was the low bid on the lease/purchase with an interest rate of
4.89%. Fir: t Union provided the lowest bid for the loan based on an interest rate
of 4.64%; however, the first Union proposal included a 2% prepayment penalty
and more stringent loan covenants than the second lowest bidder SunTrust.
SunTrust's interest rate is a stepped rate which ranges from 4.40% to 5.85%
averaging 4.94% over the life of the loan, with lower interest rates in the first
years of the loan. SunTrust has no prepayment penalties, which is a consideration
should the Commission decide not to do the park projects or should the
Commission decide to prepay any portion of the loan. The SunTrust bid also has
more favorable loan covenants in terms of future borrowing ability. Therefor, the
Suntrust bid is recommended for the general government loan financing.
The request for bids also required that the financial institutions quote a loan based
on a fully funded loan (proceeds are received up front) and a draw down loan
Ifunds are drawn down as needed.) The financial advisors have recommended
using a fully funded loan since the City's interest earnings are in excess of the
interest rate on the loan and the City would be allowed to retain the earnings on
the invested loan proceeds.
The City's financial advisors and bond council will be at the November 27, 1995
Commission meeting to discuss the financing bids and answer questions on the
loan ordinance. Please feel free to call me a[ (9041 247-5807 or the financial
advisors, David Kasdin 14071 649-5164 of Mark Galvin 14071 649.5504 if you
have any questions regarding the general government financing.
%t CITY OF
~ ,gila.~ a~ - ~r
MEMORANDUM
Date: November 21, 1995
To: Jim Jarboe, Acting City Manager
Mayor and City Commission
From: Ann Meuse, Finance Director
.~ et:w~~ott: Runu
a'n_isru' ut:a~Ti. r~irnau:~ sr2aa-sua
t)V `NN ~ 1J] ZbU i
mil'\f'f111 ~ ~IINJ
Subject: Request For Bid -General Government Financing
On November 2, 1995 the City requested bids for the financing of the following
general government projects as identified in the 1995/1996 budget on page 74.
The general government building and park improvements and the refinance of City
Hall were designated as a loan to be repaid over 70 years. The 800 MHTZ radio
system and vehicles which have a shorter useful life were requested to be bid as a
3 year lease/purchase.
Loan:
Refinance City Hall Note S 652,135
Renovations to Public Safety Building 237,856
Renovations to Lifeguard Building 40,000
Park Improvements 220.000
S 1,150,000
Lease/Purchase:
800 MHTZ Radio System S 150,000
Purchase of Vehicles & Computer
Hardware 150.000
S 300,000
Included in the loan are S220,000 in park improvements. Although the City
Commission has not made a determination to do park improvements at this time,
the funds will be available if needed. Should the City Commission decide not to do
the park improvements, the unused funds would be used to reduce the principal on
the loan.
- Ii: __: us nuw i~:I- r.~~ muasm:ela ~~.._vsoucilt. , r•d i~,. i:,.i,
I,iuol
.. -.. ~I'JILfeS.. .CJJ~1+~-.27AL1_'Li >'eNIN4 .n9exl fS _____.a,~oo"~¢ 1•i.S~~-
1
__{ ..IJQGS __x/12 ITWIf.N~iYI9cJ/INE ,1
~3~~~
._-. ~/ Ia~G °-~-.__ _ e
"--71 ._..I/_i?.O'~'nwx..H000 _Jcc .is9cN/NS ..- ~/
_ _ -fl,~°~.,' .. ~~/o°=-
j - -- -
_ ~/E4D~!P-9~.e~~ ..-, ._.~. _ - _-. A Soak ff~` Oae7 ~
~~'"_:q~~.yi9.[p xer.. _~. _-_ .. _ s' boo ~ ' d 300"
_.._ /- ~~y_..~+il~.-~ - - joO`~' Sock'
- --
-
L
--~ ~ -(-~-T;- -- . - . -
._--',Sb iI; MFt_. ~~/lL 39TS ~ _ S'yU Sa'=sv
--~--I~--cwn.~6tts 9i.~3 _ ~p `~y~ ; yo it
syiN w °° w
:;
_ _ _ q _
_. . ~
_
.
- ..98~F_~~..4Y~c~ --- --- - Z~- ~~~
_._._
y _, CoifF~A1~
_-
. ZO _
_ ~
_ ' ~90
_-
~ 1 OJ
Q
_, _ ... ..._,
.. -
4. nn
1\__ ,,., n1:U ll. l~: 11. I~i1Ji~J4GIJ hu'I:+oU,lll.-
P.•i L .. I'rl: I~UUJ
INCOME & EXPENSE STATEMENT (uNaunriEn>
JULY 1, 1994 THRU JUNE 30, 1995 fan & spd~ sb.m>
Stoning Cash: $ 4,100
Revenues: Rtgistration ~ 720
Spotuors ®24 35,370
Fettce Donation (City of A[larttic Beach) 4,8(10
1000
Atliletit Grant (City of Jacksonville) 2 ~
Conccssioas
~~ R7~
TOTAL = $66,Og0
Expenses: Uniforms 14
980
Utnpues .
9
640
Baseballs & SoBballs ,
3,840
Insurance (Medical & liability) 3,660
Equipment 7 960
Trailer & Mini Siorage (Constntction) 2990
Trophies 2820
Conccssion Supplies 10
070
Concession Labor ,
6
170
Russell Park Cleanup Labor ,
~~
TOTAL = $62,940
Purchases Upgrade Concessions (¢(epcel><, Asspla~ `asc, ? ~~~--m...,~ srs, rimer fisSu) 570
& Repairs: Electrical Repairs Cotlcessions I ~
ice Machice (replaced after construction) 2 Z00
Hot Dog Cooker (Damaged during move) 350
Guls Pitching Machine 1080
Repair Fence (Field A) 6M10
Install Fence (field R) 2.2~
TOTAL = $8,360
Ending Cash ($1,160)
AVERAGE COS7 PF.R PLAYER 570.00
.1VERAGL• REGIS7R.4TION FEE 549.00
1yy1
r
11i22i 95 IrFU 1i:16 FAS 9uJ JSJGGIJ JxcLSUUrlll~- Yol lc•- F~.O ISj uu^_
rro~ac w-ooar a;xi,aoo ATLANTIC BEACH
Va P.gincm admblara;oe, Tw Febu Myu Cn~uy,~,;~o..~>
Yiz M1eCo~FEl Opmlide, Maq Braun
ATHLETIC ASSOCIATION Aluor eommnsiooe, vm, Nam
a
raven,- sue.. e~y,m,
5mm,r, I>me ndw
'Babt Ruth Youth Bwrbafr 6 So/rMll a lack Rucnll -ari:- nti ccm„a,;,,Q y~.`~o
T-e"' ~ma+o-. rim c,vr
P1ir° ^~ ear Mrvv~ P.O. 60X 131235 cw swn.u com,m„,n- V„y F.m
EW Vra¢ M°YCr. Club Ma'Cdlum
Atlantic Beach, Florida 32233
(96i) 249-2982
November 22, 1995
City Commission
City of Atlantic Beach
Ladies and Gentlemen:
Enclosed please find an unaudited Income & Fxprnse Statement for the period of July
1, 1994 through June 30, 1995 and a list of personal property with approximate values.
We will be contracting the services of Frank Hunter, CPA, to file our 1995 year-end
inwme tax statement to the Internal Revenue Service. At that time he will a]so be
prod»dng an audited finattdal statement for 1995 which we will forward to your
attention in late January.
Thank you for your consideration.
In dy, /`--- ~5
~`~'~_
Steven C. Benjamin U
Treasurer
SCB,4h
ENCLOSURE
4
'•
CITY OF
1~adie ~taelB - ~tasida
BOO SFEUI.VOLE arND
-.-- _ _ __. _ _... ATLA\TIC aEAL'H. FTAR~ JZ3JJ.SMS
S TELERO0IE IBWI 2!45800
-____~~ FA% 19Bi1 2t1~JB05
I
November 22, 1995
To. 'be Mayor and City Commission
From: J~boe, Acting City Manager
Re: equest for certain agenda items to be deferred
1 asking [hat you defer action on certain items on the agenda because of the need for additional
information. The following items should be deferred to your December meeting:
1. ABET -ABET has requested deferral because their financial statement is not complete.
2. YMCA - I am requesting deferral because their fuwtcial statement is not complete.
3. PUBLIC SAFETY BUILDING - I am requesting deferral because additional information is
needed.
Also, for your information, I have attached a statement we just received from the Atlantic Beach
Athletic Association. If you need any additional information concerning these items, please call
me.
-_~_.. _..-.r.,..~..~ - - ._..~
CITY OF ATLANTIC BEACN
IF YOU WISH TO ADDRESS THE CITY COMMISSION ON ANY MATTER AT THIS MEETING.
PLEASE COMPLETE A~OMMENTS W ~ L BEOL M TED TO FIVE MINUTESTHE MEETING -
. .. !,
ADDRESS i7y ~ / j -fl r
TELEPHONE ! q~ DATE ~~/~~f~
AGETDA ITEM >: ~'~ OR SUBJECT TO BE DISCUSSED
•~ ~~ ~ 6oa~ : ysv~
G ~ 7~ ~cr' '~'
t/
CITI' OF ATLANTIC BEACH
IF YOU WISH TO ADDRESS THE CITY COMMISSION ON ANY MATTER AT THIS MEETING,
PLEASE COMPLETE AND GIVE THIS FORM TO THE CITY CLERK PRIOR TO THE MEETMG -
COMMENTS WILL BE LIMITED TO FIVE MINUTES.
NAME I L7-Y~ {"~l-T
ADDRESS ~ZY C-r~S7 C TST L}1. ~~
TELEPHONE 2y-4 "~ S ~ DA
AGENDA ITEM x OR SUBJECT TO BE DISCUSSED
t3 v L L I ~FYS L~ k
CITY OF ATLANTIC BEACH
IP YOU W ISH TO ADDRESS THE CITY COMMISSION ON ANY MATTER AT THIS MEETING,
PLEASE COMPLETE ACOMMENTS W O BE LIMITED TO FIVE MINI7fESTHE MEETING -
NAME
ADDRESS -7ZY EI-j57 G~~ST J~l~~~.-. _
TELEPHONE x-4"4 _ SZ 13 DATE 1 ~'~ )~9~
AGENDA ITEM k OR SUBJECT TO BE DISCUSSED _
t3 ~I L t_ i wY6L k
RECOMMENDATION
TFre clearest course for Atlantic Beach to take is to utilize the resources of
Duval County for its future radio communications. The County system will provide
all of the performance and coverage area requirements of the City. There will be no
ongoing maintenance costs for the infrastructure. The City's funds will only be
spent for user radio equipment which will require replacement in any case in the
near future.
The cost estimate developed in Figure 7 utilizes the E. F. Johnson pricing
developed for Clay county. Several assumptions have been used to minimize the
system cost without compromising performance.
1. Police units do not require both a mobile and a handheld radio. The
coverage provided by the radio site at The Sea Turtle Inn will provide more than
adequate handheld radio coverage. Vehicles will only require a mobile charging
unit at a substantial savings over the mobile radio cost. By utilizing the mobile
charger the radio will always have a full charge and be ready for a full shrft of use.
2. Some supervisory level portable radios should be purchased for versatility
and future expansion for such features as telephone system access and individually
tailing of radio units.
3. A console is required for the Dispatch Center. The cost estimates include
refurbishing the area where the console will be located. The cost estimate for the
console depends upon vfiich options are chosen for use with the console. The
available options include:
A. Simulselect -The ability to tie several channels together in order to
link different users into one conversation.
B. Telephone interconnect -The ability to connect a radio channel into
the public telephone system giving the radio user the ability to make telephone
calls-
C- Paging -The abiiiy to send pages through existing paging systems
D- Alert Tones -The ability to send different types of alerting signals to
units when calling them.
E. Intercom -The ability to perform intercom functions between the
console position and other locations
City of Atlantic Beach
City Conunission Meeting
Staff Report
AGENDA ITEM. Communications Study
SUBMITTED BY: David E. Thompson, Chief of Police
DATE: November 20, 1995
BACKGROUND- The City of Atlantic Beach was experiencing problems in terms of
communications for its various departments, and a comprehensive approach was needed to assess
the existing rystem and plan for the future. There were several communications projects taking
place at the tame including the City of Jacksonville Beach, Jacksonville, and a county wide
emergency wmmuniwtions task force. Due to the many changes in field and the technical
expertise necessary for determining the best course of anion, the City authorized Pallans and
Associates (a communications cortwlting firm) to:
A. Analyze the current radio rystems and equipment used by the City Departments;
B. Analyze the penfortnance of the ryriem;
C. Assess the technical and operational radio requirements of all of the municipal agencies
of Atlantic Beach,
D. Develop a iist of requirements for future radio equipment considering both the
technical and operational performance of the hardware.
The attached report waz submitted by the consultant, addressing these issues. The
recommrndation is to pursue 800MHz through Jacksonville's existing ryriem.
Mark Pallans, the conwltant, will be here for the City Commission Meeting to present the
information and answer queriions about the study and the recommendations.
RECOMMENDATIONS: N'e rewmmend that the City pursue upgrading all of their
communications equipment to 800 MHZ, requiring coordination with Jacksonville. The pricing
on the radios are wvered through an existing bid in Clay County, and this project will include
upgrades in communications for all City departmems.
ATTACHMENTS. Consulting Study
RFiV1EN'E:U BY CITY MANAGER
' A NDA Il EM.
THE COMPLETE REPORT BY PALLANS ASSOCIATES IS AVAILABLE FOR
INSPECTION IN THE OFFICE OF THE CITY CLERK .
(~ ~~
~`
A __,
a
1 w
r {
i ~
~ ~ _z
N 3
YC
T W<
` S ~ w
\~
I
I
/ III S Z O
I p O
4 1. b J b
m~" I <ryO NWZ
W
' III a i r W P B
zi a ~ ~jj~
W W j
m~~ zotl~
O ~ ~ ~ 2
a~
IN W45W
Z U N
I
dIhI
a4I
olil
e w ~ IJJIWp~
mrc 24
c a .I. ii~ ////
UN
~4 0
3'~W
w~ W
26 y~
W ~
Z 2
,~~ .~._ . ti~ ~ _
I I ' O
O t0 f0 O b N r
fV b b O V m N
Q L ~ t~ rv T N N h
_
L S f
rv LL
p L ii
OI 0
d 0
m ~f
•O
U ~
C
C !e
m ~.
4 Q : o z e
_ ~
' o m m
~ ~ q q OJ
Y ~
E ~ . N
^ S O
m
~ <e
t
J ~ O
L
0
:
O 1V
m
rv
m
r
~ n r
N
al m
m rv a
` u
n u
_ 3 c J
u o e ~
a o o-
r m Y
Y =
_ - v Y
~ a '~
8 ~ ~ '
°
m
W
O ~ t
~ ~
\ N
i W
I
o N
o ~ ,O
1 D
~
L
• ~ O
LL
u
~
n t
^ N L O
O
q
I
~ ?
m ` Y
V '~
"i ' ..
x U
c
V H C I O 4
~ ~- 4 f
O < 10 w J 2
V ~ Q
A
~
I
y
LL N
~
0
_
r ~
p TI O O
1- y O m J
> U ~ 0 ~ ~ .
a V
NI o ~
~
~ J ° w °
: v
i a v ~n m H
'"
~ Z :~..
'
va o W ,,~
c c W -
u
eo
N
o ~O
l
LL
Z L
N y
O
OI
m
y
C
m C
a ~^
al
E
W
W ~
t <
F 41
u
O Ni ~
n WI <
Vl~ I
_ ! VI
m LI
c
y LL
r Ni
ml L
S U
Y ^i yl
C ^ m
N WI U I
~ C
r G _
~ <~
C G
O
`o U
~ A Ni U)
~ I
C M
w ~ I i
vv o
c c W
y
e
~ 0
0 0
0 0
0 0
0
N
O
S O C!
q Y1 O)
O
i~
[~
~S
I~
00
u~
•0
]
o
0
0 0
0 0
0
~ ~ 0 0 0
O
S S
1~ N t0
0
t
O
O
O
O
O
O
O I
l
O O O O O
N S
N O
P N
N O)
S
~
N O
O
O O
I O
~ ~
~ n
I
10
S
1~ O
S
O
N
y I
] : O
O O O
O O
N I O
O
m N m m
Z
O
b
O
Yf
O
m N
rv
W
O
~ I J J W U VI rO
Y
~ m
a
~
~
x
0 ~ ~ m ; 3
Y
e
~ y ~
Q
n
t q LL ~ L
l• J ry
- L
d N
4
v U
N
~
N
~ ..
~ v
O
U
q
L
~
O
_ ;
~
~ ry
^ ~_
L
]
C
o
t. Z ~
_ d
N U
m
i N
C
O
U .. ~
a _ N m U .y..
_
E m d e F O y F ? C V
_ _ y 3 C ~ L _ ~ < L
Q ~ a ~ 3 x 3 ~ ~ 3 °u i ~
p d ~ i a m W Z d ~ Z W J U
'~e
'°6
:;
~E I
Smith & Gillespie, lnc.
November l4, 1995
Page Two
Thanking You for your consideration in this molter, we remain,
VGY ~Y Yom.
INDIAN RIVER INDUSTRIAL CONTRACTORS, INC.
w
St E. S
Via-President
SFS:rgs
u: Mr. Robert Kosoy -City of A[larnic Beach
Mr. Carl Taylor -Smith & Gilkspie
Ivlr. Norm Viggiara - I.RI.C. Fidd
Indian River
Industrial Contractors, Inc.
November l4, 1995
V.O. 9oi :aoa6 / JackwnvYle. Fbripa a32~f-OOa6 DEI-•
rr~~~~~- (~1 X62-200(1 - Fai Number (9W) }5p.~a=y
Mr. Douglas E. Layton, P.E.
Smith & Gillespie, Inc.
Post Office Box 53138
Jacksonville, Florida 32201
Referrnce: Wastewater Treatment Plant Expansion Program
PH&A No. 9325-2
Engineers Project No. SSOS-17-01
City of Atlantic Beach, Florida
Subject: Proposed Contract Change Order to extend
existing 6^ drain lines to connect to ttew 8"
WAS line at existing Wasewater Treatment
Plant No. 2
Dear Doug:
Reference is made to your request to provide a cost proposal for a proposed contract
change order to install an additional 50 LF of 6' duade iron pipe with one (I) each 6" MJ
22-12 degree elbow to eztrnd 6" line to wnnect to new 8^ WAS line at existing
Waztewata Treatment Plant No. 2.
Please find enclosed our detailed cost breakdown in the amount of 51,478.51 to
accomplish this work. Accordingly, pleax review the enclosed and advise whetter or not
you will require this work to be accomplished and if so, a comma change order in this
amount can be issued to rover the additional wst. In addition, a contras time extension
of three (3) calrndar days would be required.
Your dire; Lion on this maser at your earliest opportunity would be appreciated.
'~
NOY 1 6 1995 L
....,~,i: iu.:NC.
Mr. Douglas Layton
oaobc ls, l~s
~rwo
T~'°R. we gy tegneat that you review ag of the enclosed information and
advise your diroction an this matter.
Thad®g you for your comidecation m this mrttc, we temam,
Ve+Y ~Y Yom.
R'IDIAN RIVER IIiDUSTRIAL CONTRACTORS. INC.
!"~/
Steve E. SwvioF~~~
Yr~o-presidem
SES:rgs
a: Mr. Robert ICosoy - City of Adamc Beach
Mr. Carl Taylor -Smith & Gillespie
Indian River
Industrial Contractors, Inc.
October 18, 1995
mF
ao. aer xsoes r aact.on.a.. FlniGa azzn.ataa 1~=L v
19aa1 au-3000 - Fu Nunav Isw12W-utf
Mr. Douglas E. Iayton, P.E.
Smith & Gillespie. Imo.
Post Office Box 53138
Jacksonville, Florida 32201
Reference: Wastewater Treatratrt Plant Expansion Program
PFf&A No. 9325-2
Engineer's Project No. 8505-17-01
City of Atlantic Bead[, Florida
Subject: Sanitaire Submittal Dana for Diffuud Air
Equipmem and Test Procedures
Dear Doug:
Please End enclosed devm (11) copies of our strbmittal data for the aeration system
equipment and diffusers as wpphed by Saoitaire Water Pollution Control Corporation
Enclosed with the equipment dan and devils are deven (I l) copies of the oxygen transfer
shop tat procedure as oudined in Spedficazion Section I SIB Paragraphs 3.3 and 3.4.
Sanitaire has requested that the shop test procedure be waived as a real[ of they history
of previously testing approxirnatdy over 400 differem projects consisting of several
thousand tat runs. In additioq they have advised that due to their extensive data base
they can acauatdy predict the perfomunce of the Sanitaire aeration produus for arry
given application. Sartitaire has spedfically idemified five projects wruisting of twenry-
two individual test runs where the design parameters are very similar to thou of the
referenced project and they have enclosed dataudicating how they relate to the specified
ten parameters. Accordingly, a credit amoum of 52,400.00 cart be iswed to the Owner
should the oxygen transfer shop tat be waived for this project.
`~ OCT 2 0 )g95
. ~ ' ILLcSPIE
' rING1VcERS..NC.
: q
q m q b q W
m I
~
N N
N
fn N q q I
n m
O
q
0 ~ f ~ ~
~ q O
L ry N
O M
n LL
N = ~•
U li
~O I
L ~ I
m .a
a
u
C
4 N
J ~
< O\
j b
F ~ N
e
o
y
O
J O
a
a ~
C N
~ n
F- u
n
Y
°~ ; c
~ c
y W j
~
m O ~
Y .
H '
O ~
= C ~ ~
-° U
< a
I L
^
N <
° i
e
~ N r
•
~ i
~ W
Y v~
8
s
a e
v
s
o ~
o ~
p
e N
i LL >
? ~ F
,
a
L • K
C c
e =
~
e i Y
v
m s G r Y
I
Y o
~ ~
~
~ t
o f 6' ~ <
~ Y
u 8 ~'
; uJ W ~ W
o e I
C
~U o < N - Q o o e J
~ F 0 ~ ~ N U m ~
±
N N
7 = 's~
= C r u .e~
:a
00
M
a
F
3
Y
C
O
s N~
N
F ~
f q
O
i N
O q
a
I
y e
of u
r
r ~
Y ~
A
r
r
O
~ V b
1 N
A N
M
7
e
C C w
q
LL
L
d
m
u
C
Q
(~j
O
J
1
O O~ O I p ~ ~ O O
O
q
O O
O 01 1~1 O O T
u
e
e
h
rv
a
a
a
_
N 0
: ' III
I I t
~ o
o i I i i i i I I
I ~ 1 i
~
: I I I~
o
O m
S 0
O 0
O
^
^
N
O
O 0
O 0~~~
O 1
b
N
I
m
N a' O
P
'
~'f~I
T
~p _
f~l
T
a
N
h
O O O It
i
~ I,
I O) O I
I N N I II
I
~ 1
O
N
O
OI
a
O
O
r1 O
^.
~
I
O
O N II
m
m
n
b
m
b
~ N
o
n N
f
I
n O ICI
~ I a
I ^
N
n o
a m
o
I I I I
I ! 1
I
1 i I i i 1 1
u ~ I ~ i
><
a ~
< O
a N
T
I N
a PI
o O
O
I 1 ~
i I m i i 1
<
~
O
Q1
O
Ol
~
N
m
N
N
0
N
M
m
~ I I
~ i x x Y d x x 1
.°. 01 1 l
1
E '" ~ i 1
°
t
O O c
r 1[ ~
~ °
o % e °
c u jy p
R
7 n I
iV % ~ ~
J d E ..
~ c .. _ ~ c I I
I x € ••
3 ~ e O •• d ~ E
~ i •~
x
' o 8 ~ A ° O O e C ; D L V q
C n m U ~ L O
G d x V q
h M f I I J
u ~ ~^
d ~ N W
~ _ C n d
~ ~
o
a
~
3 r
c e
c
; °
p Q
d O
~ G
~'
W
J >
O ~
d °
!'
~ 0
a 0
I
W
G
i
LL
IL
N of
LL
N >
d
O
C E
'
~
u
N ;, I
d
1 p I
'so I
:ed ~ I
I
vo
•o
~ ~
~
mi 0
'
~ m
~ N
O ~
b
<(
N W I 1
m I I
l ~0 I
U
O 1 1 '
:
1
i 1
I
~ 1 ~ I
Y
a O O O
• O O O ~
O
1 O m
Z 1 n m O O
^~ Ip
~ n
O In m
ry
~ • I ~
~
u C
O
`
O
O
O
O O O
O Oi N
fI
!!
J • O
O 3
N N '
V I N O
N ~ 07
}
' 1 ~
mi m
9Y
, ml 1 ~
~
a ~ I
°: ~
0 ~
0! O
t ~ n
1 N ~ o m
I I _ 1 ~
V 1 N
I
a ~ O ul ~ I
O fV O O O N
N I N I
O O m
i
h 1
1
1 ~~
I
N ~_
Q
D
a
W
O ~
e ~
W
N ~
L
'W
" L
V
a ° X O W
a
° ~
a N O
^
yl
LL :
o o
p~
N a c
~
° °
C °
O
N
° a C °I ~
~ Y O T o a O
a L • ~ N K ~ V Y a C
C o ~ : Y c X c L a
I
m
•
YY
.-.
Y `
~
V n
W
~
N C
O
C f V e e
L ~ I
1 7 Y >_ j M V
' ~
y
C N ~ J C I ~ r ° 9
w - o - ~ a ~
i
a
9
(~ y
N
~
ti
L ,
,
~ O ~ ,N H C ` U .~ m OI 7
C
~ U b ~ ~ ~ ~ ° T ~" i
C V N V ~ ~ c d c E e
.°
w "
~ Z •.1
~ = W :el
W y
I ~
O
M 1°
b O O
O r
N
~
U W
N
„
N
T
U
Y
c
O
J
C
~ ~
~°
N
~
V
O
u
>r
°
a
c
-
m
a
<
~
u
e
a
E
le
v°
rn
Y
li I ~
E
°
>
d
V
O
c
O
~
=
u
u
A Y
`
u
o
V
Y
~
..
o
e
C
I
~
~
Ip
4
~
o
a
`o
2
c
E
O
6
Y
m
c
ul
COI
ZI
1
eo
II ~
Mr. pang Layton
Oaobv 9, 1995
rage Two
Yau for your conydaation in this mazta, we remaiq
very ~r y~
~~ R[VER iNpUSTRIAi. COIPI'RACTORS, INC.
S~~%
teve E. Sv(ilGun~~
Yia-President
SES:rgs
Etrclomue
u: Mr. Bab Kosoy - Ctty of Atlantic Bach
Mr. Carl Taybr - Smot6 & Gillespie Eogmeus
Mr. Norm Ygg;atp - i.RI.C. Field
Indian River
Industrial Contractors, Inc. ao. no, 2saes r Jaca.eavar.. FbWa 231~t-aoaa
U01) 362-3000 - Fu tlaab~r (7ae12a0Ja2a
m,F
October 9, 1995 . -. ._ ~ . „ r"'1 DEL ~'
_~~~~, ;
..
. ~ lid
`' OCT 1 1 1995 u
Mr.DougluE.Layton,P.E. ch~i::LC ~ •~~+C.
Smith & Gillespie, Inc.
Fost Once Boz 53138
Jxksonville, Florida 32201
Reference: Wastewazer Treazment plant Expansion Program
PH&A No. 9325-2
Engioeefs Project No. 8505-17-0I
City of Atlantic Beach Florida
Subject: Proposed Convect Change Order
for rradifications az the influent structure
(S&G Letter Dazed 10.5-95)
Dear Doug:
Reference is made to your letter dated October 5, 1995 requesting a cost proposal for a
proposed clunge order for various rtwdifiutions at the existing griVnfluem structure.
Pleax find aztarLed a detailed cost breakdown for the total aedit amount of 588.86 to
accomplish the venous changa-
Upon your review, please advix your d'nection with regards [o this nutter and should you
wish to proceed with thex chances, then a contract change order N the deductive amount
of 588.86 can be iswed ro accommodate this work.
Our cost proposal is based upon the existing metal guard posts to be sawed off Bush with
the existing concrete slab and the pipes filled wi[h concrete in lieu of the metal guard posh
being at off below the concrete wrface and the concrete repaired per your note number
five of your letter dated October 5, 1995. Also, the additional fill to be placed under the
concrete drive will be obtained from the project site utilizing the existing stock piled till
material.
Pleax advix your drection on this matter az your earliest opportunity.
SMITH AHn GILLES PIE ENGIH EERS.IHC.
IRIC/Swain
SfiG 8505-17.01
Atlantic Beach
10/5/95...page 2
We would appreciate any suggestions or input you have ebout this proposed change
in your work.
Please furnish your detailed proposal at your earliest opportunity, but in no
case later then October 19, 1995.
If you have any questions about this request, do not hesitate to contact us.
Sincerely,
SMITH AND GILLESPIE ENGINEERS, INC.
~~ f~~
Douglas E. Iayton
<c: Mr. Kis D. it inbach, City Manager
Mr. Roberz S. Kosoy, p.E., Director of Public Horks
Mr. Tim 7ovnsend, Utility Plant Division Director
Nr. Carl A. Taylor, S6G Resident Observer
S NITN AND GILLES PIE EN GINEERS. INC.
Eaow sa.as
JwCN50NViLL E. CLO RIOw ]2201
lyOal 7~3~6950
pODGLAS E. 4rtON. PE.
rKE MaSOfMI
October 5, 1995
Fsx: 904/ 260-4829
Indian River Industrial Contractors, Inc.
P. O. Box 23086
Jacksonville, Florida 32241
Attention: Nr. Steve E. Swain
Yice President
Sub}eci: Proposed Lhange Order
Rag Handling
Vas tevater. Treatment Plant
Expansion Program
S6G Project No. 8505-17-O1
Atlantic Beach, Florida
Gentlemen:
Confirming our cotrversation onsice yesterday, Che City requests your proposal to
improve the handling facility for their screenings from their existing and new
static screens. The following changes in your work ate anticipated:
1. Deletion of the two (2) screenings containers currently to be
provided.
2. Removal rather than raising of the jib crane
3. Removal and replacement of two (2) additional sections (: 15
additional linear feet) of concrete pavecent south of the existing
influent structure.
4. Additional fill Ls to be placed prior to pavement replacecenc co
sake the concrete pavement slope up and match the grade of [he
concrete slab under the static screens. The new concre ce psvecent
is also to slope 1/4 inch per foot toward the influent structure.
5. Metal posts located beiov the static screens are to be cut off below
the concrete surface, with repair of the removed concrete.
N
I
N
1 L_
8 Q E
(A
G ~
N
` W
N
0
i ~
u N
a
b
a
^ e D
u
c o
I LL
W
G ~ L
t y
Y O W
u
~ m~
c u
L
0 V
~. b
d' ~ q Q
C M
w ~ i
va e W
~~ ~
W u
O O O N m
N m
S n
n N
N T
n
A
D ~
o N
n O
N N
m n ~
o m n
b b
m ~ O
q n
i
~ ~ _ O b n q
L O N fV
C
u
Y ~
i(
••
t
0
O
0
O
0
O
O
J :
V(
(
1
N
N
1
N
~O 1 I 1
0 ~
( O O O
'
O
O
O
O
Of
V O
O
n N
q
T
1
O
I N
1~f n N 1~1
m I m q
(
0
j ~
(
Q o
O m m
N
O
O m
^ n
1~1 q
N
N 1 S b
S 1 1
O
O
~
V ^
O
N1
1
1
I
1
~ (
(
O
~ O
N
S
1
1
I
I
's
i
e
i y J J
N
a
x 6
,~,
° o N
c
- m y
> x
F
` L >
o ; N o
c j
N ;o
I c
9 C
a N m
r
L
a _ y
a
~ C
Y Y
u n
c Z
7
- a x a ~
_ a
~
..
_ a
~
.. _
v ~
~ 10 1 Y N QI 10 i ~ C
y
N
C O
Y q
O
O
{; y
t
F I(
L
~ x a m
m ~~ m ~ o ~ o O
U w - N d N U VI m H
'.:
:(E
•
e; W
NI
IL m
O
'I L
LL
N
m
d
m
C U
m
a ~
m
~ a
E
m _O
~ ~
F <
I 1
~ a
O
S
10 o
O
N
OD 0
C
N
rh 0
O
N
b
O
~
°
O
M
~ O
O
O
O
M o
O
O
N f
ry
N
M
p
N
O
N
i
~
1
`
Iy
s
e
e I
e I I 1 I I 1 1 I
1 I
: I I
o
O c ~
r O ` O O O O O N O `
t
~ O O
N
N
^
N
u
a I 1 a n n b "
'
N I
a
1 1 N M m N °i
a
<
y
L
O
d ~
O
'S
L
d
~
O
O
O
O.
O
O
O
O
O
O
O
C
y
'^
d
C
O
a
N
oa
N a
N
h
m
N
N o
O
~ OJ
h I
O
3
~ ^~ m a S M m
~
'.
a c
^
L
q W
m •
~
~ 0 0
O 0
O
O
O
O
O
O ~
O
d • ~ N O I
m
N y I
1 1
I N N
n 1~ M tp b M m I Q
- U
d
- ~ M M N S
r M
r
4 C ~ ' `
-
-~ b ~ Q 00 O
O O
O O
O O
O O
O O
O
O O
O
e Q L O
N N
(p N
M N N ° N N O O
/~ O
S ~ O
m a a M ° M
N
8 I N
I 0 N N
O W < x
p V
Y m
d q
d m
d m q Ip q m Ip O m
NI d d V Y V V d d
.
¢° ~ C
~ a °' 3I r
` ° V
9 _
d m
t
m V
N
m
O
a
N
'"
~
i d
a u
v
v m o _
'O ~ ~ a a ~ d m d a a
°
+ ° c 3 A = d - _
°~ a
~ LLI r a = r p a ~ o
,~
u - x - u 1 I V w W OI ° m
~
N
i ~~ ~ n m ~ i rn ~ d + ~ °
' a x x x o o >
W ~ C I
V t ~ t !
G U N O C Ie d d pl fT m m ° V J
C r F '• m L C 4 C ~ LL LL LL D < p
` ~ _ V ~ u
i m X q °
A ~ 4 « d ° ~ LL LL o o e O 4 ~
~
` O I I
Q n y
~ ~
° C J V d - - a M ~ in " C L
~ O ~ x x x x ~ ILL I w
w a' I Q c
L Z d ~ d
C 3 E E
- '^i
~ a LL n O. n N LL' N a ~ ~ a~ ~ z e
N
,~
u
:a
e~ e
Mr. Douglas Layton, P.E.
October 6, 1995
Page Two
Thanking you for your consideration in this matter, we remain,
Very truly yours,
INDIAN RIVER INDUSTRIAL CONTRACTORS, INC.
{~`N{ <v~
Steve . Su~~n°
Vice-President
SES:rgs
Enclosure
a: Mr. Roben Kosoy - City of Atlantic Beach
Mr. Carl Taylor -Smith & Gillespie
Mr. Norm Viggiano - I.R.I.C. Field
(with rnclowres)
Indian River
Industrial Contractors, Inc.
~ClOher 6, 199$
' ~mG
0.0. Boy 200a6 / JuMwnville. FlwiEa R2tl-0086
19w1 263-30(10 - Fu Hamper (90p 26(1-1829 ry-L
Mr. Douglas E. Layton, P.E.
Srttith & Gillespie, Inc.
Post Office Box 53138
Jacksonville, Flurida 32201
Reference: Wastewater Treatment Plant Expansion Program
PH&A No. 932$-2
Engineers Project No. 8505-17A1
City of Atlantic Beach, Florida
Subject Proposed Contract Change Order for Additioral
Pipine and Valve at Existing Grit Chamber per
Smith and Gillespie Engineer [.ester Dated 10/3/95
Dear Doug:
Referrnce is made to your letter dated October 3, 199$ requesting a wst proposal for a
proposed contract change order to connem the existing discharge piping at the southern
static screen to the west discharge line at the existing grit chamber utili2~ng 14' pipe and a
new 14" flanged plug valve.
You will find enclosed a detailed cost breakdown in the additional amount of S 12,978.04.
This amount would be required to accomplish [his additional work. Please be advised that
no temporary pipe or Flow by-passing has been included in this proposal and should any
additional work, o[her than outlinttl be required, then a detailed swpe of work would be
required and upon receipt of same, a cost proposal for the additional work will be
pros~ded
A wntract change order in the additional amount of 512,978.04 is required to
accommodate this additional work should you decide to proceed with same. However,
please be advised that the ductile iron pipe, fittings and valve are not stock items and it
would be necessary to allow (or procurement, fabrication and delivery time.
Accordingly. please advise your direction on this matter at your earliest opportunity.
~' J 9C I 1 ~ 199$ ';/
Phil ~ r; :=~:~ 1.!LLtSPif_
SMITH ANn GILLES PIE ENGIN EENS. IN G.
c05. O/~~CC BOF S]i]e
-~cKSO+wn~c.r .n vA azzo~
~90e~ r~34930
October 3, 1995
Indian Aiver Industrial Contractors, Inc.
P. O. Box 23086
Sacksonvil le, Florida 32241
Attention: Mr. Steve E. Sva in
Vice President
Subject: Proposed Change Order
Nasceva ter Treatment Plant
Expansion Program
SfiG Project No. 8505-17-01
Atlantic Beach, Florida
Gentlemen:
L.
,~Q'wl~,f
ooucus E. urrox. vF.
.~NFSOUrt
Fax: 904/ 260-4829
The City of Atlantic Beach requests your proposal to connect the discharge piping
of the southern static screen co the vest discharge line of the existing grit
chamber with 14 inch ductile iron piping. A 14 inch valve would be required in
the interconnecting piping beNeen these two locations. It is anticipated that
the 90 degree elbow in the screen discharge piping would be replaced vi [h a tee
to start the pipe run.
This change is proposed to alloy the existing No. 1 treatment train to be
utilized as a surge tank during periods of extreme floe.
Please furnish your proposal for this additional work at your earliest
opportunity, but in no case later than October 17, 1995.
If you have any questions about this request, do not hesita ce to contact us.
Sincerely,
SMITH AND GI LLESPIE ENGINEERS, INC.
~~ f ~~~
Douglas E. Layton
cc: !!r. Kim D. Le inbach, Ci[y Manager
Mr. Robert S. Kosoy, P.E., Director of Public Vorks
!fr. Tim io+nsend, Utility Plant Division Director
9r. Carl n. Tav ior. SAC Resident Observer
Change Order No. 1 Con t'd
S6C Project No. 8505-17-01 November 17, 1995
Atlantic Beach, Florida Page 2
4. Furnish and ins ca it pipe and fittings to extend
the 6 inch line [o connect to the nev VAS line
at the existing WTP No. 2 in accordance with the
Contras co is proposal dated November 14, 1995 51.478 51
TOTAL ADDITIVE CHANGE ORDER NO. ~: $11,967.69
It is further mutually agreed by the CONTRACTOR and [he ONNER that the
changes when completed by the CONTRACTOR shall increase [he present Contract
price, vh ich takes into account any and all previous changes in the original
Contract price, by the lump sum amount of Elevno ~rr.....~~_a ~,__ .,--_~__, _.
Goncract Cime For completion
691 and an (increase /de<r =~)in
of -0- days.
ACCEPTED FOR THE OVNER
By:
Lyman T- Fla CChez
Hayor
Date:
APPROVED: SMITH AND CILLES PIE ENGINEERS, INC.
BY:
Doug E. Iayton
Vic P esident
ACCEPTED FOR 7HE CONTRACTOR
Steve E. Sva in
Vice President
Date:
Date: Novemb 17 1995
~Ill~~~~_~I ~`=~i~i~~
~,,.
~~< NOV 2 0 1995 ~~~
~ 'J
CHPNCE ORDER N0. 1 By ~
Dace: November 17 1995
To Contract dated Nav 25. 1995 between the firm of:
Indian River Indus[*' 1 C t c I
Post Office B 23086
Jaeksonvill FI r'd 32241
(hereinafter referred to as the CONTRACTOR) and:
The City of Atlantic Beach, Florida
(hc re inaf[er referred to as the OVNER) for the construction of:
Vastevater Treatment Plant
Exoansion Pro¢r
56G Pro iecc No 8505-17-01
In compliance vith Article 13 6 Article 14, GENERAL CONDITIONS, of the
above referenced Contract, CONTRACTOR and O'.iNER do both hereby agree [hat the
CONTRACTOR shall make the folloving changes, additions or deletions to the work
soeciffed in [he plans and spe<if ica[ions, upon the approval of SMITH AVD
(:I LIES PIE ENGINEERS. INC.'
1. Perform [he piping modifications [o allow the
existing No. 1 treatment [rain to be utilized
ac a surge tank in accordance vi Ch the Engineer's
request for proposal dated Oc cober 3, 1995 and
the Contractor's proposal dated October 6, 1995 $12,978.04
2. Perform the various modifications to improve
the handling facility for the screenings from
the existing and new sea tic screens fn accordance
with the Engineer's request for proposal dated
October 5, 1995 and the Contractor's credit
proposal dated October ?, 1995 ($88.86)
3. Credit for deletion of the Oxygen transfer [es[
procedure for the diffuser air equipment in
accordance with the Contractor's proposal dated
Oc cober 18, 1995 ($1,400.00)
SMITH Ary0 GIL LE SPIE ENGINEERS. INC.
r eJ] f ~
./.~C n50rvv L,.E EF n'3 [301
~90a1 ]x36930
COUGLAS E. UttON. P E.
r4E 1gE5CExl
November 17, 1995
Indian River Industrial Con[rac cozs, Inc.
Post Office Box 23086
Jacksonville, Florida 32241
Atcencion: Mr. Steve E. Sva in
lice President
Subject: Proposed Change Ordet No. 1
Vasteva[er Treatment Plan[
Expansion Program
56C Project No. 8505-17-01
Atlantic Beach, Florida
Gentlemen:
-1t n;pv 'L 01995 ~I
BY---~
Enclosed please find five (5) copies of proposed Change Order No. i on the
subj e<t project.
This change order is in [he additive mount of $11,967.69 and provides for Che
modification to the existing treatment [rain No, 1, Credit for deletion of the
Oxygen transfer Ces[ procedure foz the diffuser air equipment and connection of
[he existing piping to the nev Vp5 line as listed in Che change order.
Please sign all Copies of the change order for Che Contractor and return all
copies to us For further processing Co Che City of Atlantic Beach.
If you have any questions regarding [his change order, please do not hesitate to
c3ntact us.
Sincerely,
SMI CI LLES PIE ENGIN//E//ERS, INC.
/.( ~ C~
Dollg]a Layton~ //
DEL/580
Erc losu res
cc: Mr. Robert 5. Kosoy, P.E., Director of Public Vorks (v/enclosure)
Mr. Tim 7ovnsend, Utilicy Plant Division Director (v/out enclosure)
Mr. Carl A. Taylor, 56C Resident Observer (v/out enclosure)
CITY OF ATLANT:C EEF.CH
CITY COMN.I SSI0N N,EETING
ETAFP kEPORT
P.Gp:NDn ,_'pj.l: pro^osed t_anco- Cc __: _. _
_.'. antic ~ez_t. a_-etaac _. .. _a,;,ier,t P1 ant
SUEMITTED BY: kobert S. F,,,sov/Dz eer. or of Fubl is ~<orks'F/y~~
DATE: Yw~ea,ber .,,. :555
BACKGROGIrD: 5_rce t!:e hec~nni ,c e` -;
~~-, ar.u c Eeach kas;euater Tt ea imer.t 'rl ant ~Eapansion 3FroC
cer.siruttion project there have been two minor del eti ons'te
t::e scope ct work and one mir.cr addition to the scope of
~'_`Y ~~`s e-.-ems, uhi ch tet6e Dc rect credit to the Cit of
alcr Dyed l: ,,. ,,, Public L:orY.s
_•.._ - au:hc.- - and _ .__te _ '*.eT,s
_.____°' _harr< .._cer !tc.~ _, - _, a,-:d 4 in ~.._
_:: adc:aon ;c the miner .;ems abeve•
Fr: ce :rem the Contractor to connect the existing udischarge
p]?i::e at the South static screen to ti:e west discharge iine
~: the er.rst-na grrt cha.-,,ber. The pcice submitted for this
work was S1i, 978.04, and this aork ~s listed as Item 1. in
the attached Change Order No. 1. This i9" diameter piping
:ill provide the ability to use the existing Number 1. Sewage
. reatmenf. Plant as z suree tani: der; nc periods of heavy
ra.::fal` ;e.c. nugust, 1SSSj. T}:e usz o
czn::a c- -c a suroe !ank will reduce tyF `he er.rst~ng
-- `~` ea.er?ency out fall lane to r; ,^•Feed to bypass flow
~~~'--el.:_ derlonst rati:,g `_urt i.er • e ~ ..ccastai Waterua}•
r Dori da Deoa r:ment cf Envi renmenczl F?ct ect EOnort wi±h the
E7G:9':Et+DS; *GI:S: Accept Chance O. der ;;us.ber 1 for Net
Increase to Cer:c--act o` 511,967.65.
`"-"-.~~--~ ~-~ Prcpos~/ye~/c~~~C~t~a r:g<_ Order :_
t._La i.. __.. ~ ~ i
CITY OF
ttl1~tlarllc 'tf',tae! - ~lnscita
e2~.~__ _ ___ a005ENL10LE RIAID
-- _ -----' - ATLA\TIC BEACTI. FLORrrL1 JtDJ-Sii3
-_ ~~ TELER101E 19W11n-S80p
~~~ FAX 190ii SfFSBDS
Tn The Honorable Lyman T Fletcher
Mayor November 13, 1495
From Maureen King
City Clerk
Subject Board Appointments
Please be advised of the following boards on which there wrrrntly are vacancies or on which
current terms will soon expire.
TREE CONSERVATION BOARD -
Tom Frohoe resigned in October. Mr. Frohne's term would have expired January 31,
1946. so you may wish to make the appointment for a full term in addition to the balance
o(the unexpired term, thus the new term would expire January 31, 1999.
The following terms on the Tree Conservation Board will expire January 31, 1996:
Rick Beaver - Mr. Beaver has indicated he is willing to serve another term, if appointed.
Jim Ptlkty - Mr. Pelkey has served two consecutive terms and, pursuant to the
ordinance, is not eligible to be reappointed
CULTURALARTSBOARD-
Ed Lane resigned in September
Carson Baillie advised the board of her resignation at their meeting on November I5,
1995 (AII terms on the Cultural Arts Board expire April 30, 1996)
<'OMMI'NI"Il" DF.VE;LOPMENT BOARD-
The terms of Don Wolfson and Leonard R. ^Buuy^ Gruothal will expire Derzmber
31, 1995
xc frtc (~ummission
~.1~
n
6. Pay Requests
Architect 2 hours x 6 x 365.00 5 780.00
7. Final Completion/Project C~ose Out
Architect 24 hours x 565.00 5 7,560.00
8. In-house Project Management
Architect 2 hours x 20 x 565.00 s 2.600.00
Total for C.A./Item x3 5 76,190.00
total for A'1, x2 & a3 5 32.790.00
~.~ wp61M•wylatRCbN.pi
2
EXHIBIT 'B'
CITY OF ATLANTIC BEACIi
FEE BACKUP AND OTHER PROJECT COSTS
PROJECT SCOPE
CONSTRUCTION BUDGET ESTIMATE
FACILITY: Assuming 280 s.f. Remodeling ISBO/s.f.l 5 22,500.00
Assuming 2.500 s.f. - 7 story ISBO/s.f.l'Add'n. 200,000.00•
Conventional Site Work 159'os) 11000.00
Total Building & Site 232,500.00
Contingency @ 7%t t 7,500.00
Total Inclutling Cont. S 250.000.00
'NOTE: DOeS not include special foundations. GBOtechniCel Data i5 required for determination
of any additional design antl Construction costs-
Net Profaslottd Fae as a Percerrt of Corgtruetlon Cost:
DGS: Group B 5 20,000.00 = B.0%!@ 100%1
S 16,000-001@ 80%)
IFOr Design thru Bitlding/Items 576 k21
Cvrotruetion AdmlMStretlon Fee Beck-up:
1. Preconstruction M6et~nglPrep
Architect 6 hours x 565.00 s 390.00
2. Shop Drawings
Architect 24 hours
Mechanical 12 hours
Electrical t 2 hours
Structural 12 hours
60 hours x 565.00 3 3.900.00
3. mtenorlExterior Finishes Color Board
Architect a nours @ 565.00
Technical 8 nours @ 555.00 3 700.Op
4. Field Visits 172 weeks x 8 hours)
(Based on 6 months construction srhetlule, 2 visits:mo.)
96 hours z 555.00 5 5.280.1X)
5. Substantial & PunCn List
Arcnitect 12 hours x 565.00
Mechanical 12 hours x (65.00
Setretery 8 hours x x25.00 9 980.00
1
n
EXHIBIT 'A'
BASIS FOR COMPENSATION
HOURLY RATE SCHEDULE
7995
SENIOR PRINCIPAL 150
PRINCIPAL 725
$EN109 TECHNICAL SPECIALIST 95
PROJECT MANAGER 85
SENIOR ENG-ARCH-PLNR-BURN gp
ENGINEER-ARCHITECT-PLANNER-SURVEYOR 65
CADD DESIGNER 65
SENIOR DRAFTER-TECHNICIAN 55
CADD DRAFTER 50
DRAFTER -TECHNICIAN 45
FIELD REPRESENTATIVE 55
SECRETARY 30
COMPUTER TECHNICIAN 55
SURVEY CREW
4 PERSON 100
3 PERSON 85
2 PERSON 65
RESEARCH CONSULTANT 45
COMPUTER TIME
CADD WORKSTATIONS -PER HOUR 24
PERSONAL COMPUTERS !PCSI -PER HOUR g
RATES EFFECTIVE THROUGH DECEMBER 37. 7995
r~
CITY OF ATLANTIC BEACH
Attn: Chief Jonn J. Riney
November 27. 7995 -Doge 6
praduet. When situations wise such as code revisions, changes m mterprerovats arc roceived.
agreed upon direction, or work performed before required permits or agency aPP
associated with these saRuatioPns wr ~ be compensated for aseaddit~iotna sernceOWNER. Services
Modifications end Adtl [ions to Existing Structures
Because of the ARCHITECT'S many years of background and experience in tlesign and coin
struction, the ARCHITECT is qualified to make recommendations end designs which, in the
ARCHITECT'S opinion, will meet the needs of the situa[ion. These services will be performed
in accordance with [he ARCHITECT'S skill and abai[y and commensurate with the applicable
standard of care and the economics of the situation. Although the documented components
of [he existing s[ruaure to be motlified can be analyzed, the actual components of the existing
structure cannot l>e fully determined without destructive analysis or the ability [o Dertorm other
invasive technology or testing.
Acceptance
Acceptance of this Droposal may be indicated Dy the signature of a duly authorized official of
the OWNER in the space provided below. One signed copy of this proDOSaI returned to the
ARCHITECT will serve as en Agreement between the two parties and as Notice to Droceetl.
This contract will be binding on the parties hereto and the parties' successors and assigns.
Should ihrs proposal not be accepted within a period of sixty 1601 tlavs from the above date.
it shell become null and void.
Very truly yours,
GEE & JENSON
Engineers-Ar c hrtect s-Dlan/neGi. Inc.
James S. English
Senior Vice Wesident
Accepted by:
CITY OF ATLANTIC BEACH
8y:
Title'
pate:
JSEicc
..... ..~... , .. r:~, " "
n
CITY OF ATEANTIC BEACH
Attn: Chief John J. Ruley
November 21, 1995 -Page 5
force or effect. This contract is the er~tlre contract between the parties and there is no
modification or waiver of any of the terms and conditions herein unless signed by both parties.
Estimates
Since the ARCHITECT ties no control over the cost of tabor and materials or over competitive
bidding and market conditions, the estimates of construction cost provided for herein are for
general information only and ere made in accordance with the appGCabla standard of Care.
Accordingly, the ARCHITECT does not guarantee the accuracy of Such estimates when
compared to the Contractors' bids or the protect construction Bost.
Termination
This Agreement may be terminetatl by either party by giving thirty 130) days advance written
notice. The ARCHITECT Snell be Daid for services rendered to the date of termina[on on the
basis of a reasonable estimate of the portion of services completed prior to termination for any
unpaid reimbursable expenses.
Ownersnip and Use of Documents
Drawings. specifications, and electronic data files as instruments of service are and shall remain
the property of [he ARCHITECT whether the protect for which they are made is executed or
not The OWNER shall be permitted to retain copies, including :eproduclDle copies, of
drawings. specifications. and hard copies of elecvonic dare files for information and reference
in connection wrth the OWNER'S use ar.d occupancy of [he project.
The drawings and spec~f~cations snail not be used by the OWNER on other protects, for
additions to the protect, or for completion of the protect oy others provldetl the ARCHITECT
is not in defaWt under this agreemem. except by agreement in wrung and with apDropnale
compensation to the ARCHITECT
Code and Reguiato~COmoliance
The ARCHITECT prepares his work product bdsetl on known codes and rnterpretatwns and relies
on his expenenw to evaluate their applraWbly Input and wmments are often sought from aulhon-
6es paving jurisdiction and m many instances, agreements ere reached which impact the work
n
CITY OF ATLANTIC BEACH
At[m Chief John J. Ruley
November 2 i, 1995 -Page 4
Protect Review Services
Services On a project site to evaluate the exiS.ing conditions of items such as paving,
structural, architectural, building envelope, rooting, mechanical and/or electrical systems erg
hmrtetl to iden[ifica[ion of observable condrtron5 only- Systems that are not visible to the
observer from within the building envelope or from accessible exterior elements of the protect
are not part of the ARCHITECT'S observations. Review of these Sy5:em5 by the ARCHITECT
will only occur when specilic and detailed descriptions of the system [o he evalUatetl and the
manner in whim access Is to be provided is detailed in the Scope of Services. ThB ARCHITECT
well not be responsible for observing or notitwng the OWNER of any conditions or issues not
included in the Scope of Services.
Shoo Drawin~& Sampling Renew
The Architect shall review and approve or take other apDrcpriate action upon Contractor's
submittals such as Shop Drawings, Product Data and Samples, but only for [he limited purpose
of checking for conformance with informahon given and the design concept expressatl m the
Contract Documents. The Architect's action shell De taken with such reasonable promptness
a5 to cause no delay in the Work or in the construction of the Owner or of Separate
contractors, while allowing suflicien[ time in the Archrt ea's professional judgement to permit
adequate review. Review of such submittals is not contlucted for the purpose of determining
the accuracy and completeness of other tletails such as dimensions entl quantities or for
substantiating instructrons for installation o1 performance of equipment or systems tlesignetl
by the Contractor, all of which remain the responsibility of the Conr. actor to the extent requded
by the CDOIraCt Documents. The AfChnect'S review shall npt COnStitule approval of safety
precautions or, unless otherwise specihcally slated by the Architect, of construction moans,
m Bihdds, tat hnigpe5, sBQuenCe5 Or prOCedurBS. Thor Architect's apDrO VaI Or a SDBCifIC item
shall not inditete approval of en assembly of which the item is a component When
protg5sional certifications of performance charactens;ics of materals, systems or equipment
is requiretl by [he Con(rect DOCU mentS. the Archtetl shall be entitled SO rely upon Such
certification 10 este665h that the materials, Systems Or equpment will meet the performance
attend regmrgd by the Contract Documems.
Modification to the ?arms of this AgreemCM
In the evem GWNER issues a Purchase Order or Memorandum or ether Instrumem covering the
professional services tlescnbed herein, it is hereby specifica!ry agreed and untlerstoOtl that such
Purchase Order. Memorandum or Instrumem is fur QWNER internal Control purpocae only and
any anrf all terms entl conditions comainatl therein, wheNer panted or written, shall be of np
CITY OF ATLANTIC BEACH
Attn: Chief John J. Ru:ey
November 21, 1995 -Page 3
control Of the ARCHITECT. Said representation i5 not. however. a warranty Ol guarantee that
said Services will be completed within <uch time name.
Fees to b2 Paid
For Items 1 through 2 of the Scope of Services the ARCH!TECT shrill be paid a lump sum fee
of Sixteen Thousand Dollars (516.000.001.
For Item 3 of the Scope of Services the ARCHITECT shall be paid a lump sum fee of Sixteen
Thousantl One Huntlred Ninety Dollars (18.190.001 ,based on Exhibit "B".
In addition ro the fees specified above, the ARCHITECT shau be rermbursetl for direct nonsalary
expenses, including, but not limited to, data professing, equipment rental, automobile travel
at 50.33 per mae, long distance telephone, subsistence. printing and reproduction. plus Flonda
texas, if applieable. (Reimbursable costs: 52,500.00, not to exceed.)
OWNER agrees to pay such invoice within [he time frame speafietl in Satlhon 218.70, et seq.,
Florida Statutes. the 'Florida Prompt Payment Act'.
Payments which are not received within sixty (601 calendar days from the date of invoice will
De considered suffinent cause for ARCHITECT to tl~sconbnue performing and prowtlmg services
until payment ~n full is received. If ARCHITECT i5 required to take action to Collect past due
invoices, the OWNER will pay ell legal fees and costs.
This contract shall be governetl by the laws of the State of Florida. and tie appropriate venue
for any actions arising out of the agreement would be Jacksonville, Florida.
If there are items that must be sublet. cenfirmetl, certified or updated. the ARCHITECT shall,
as agent of the OWNER, ortler the work with the OWNER'S approval, and the subcontractor
shall bill the OWNER directly. The OWNER must make payments in accordance with the terms
on the invoice m order not to stop the work If the ARCHITECT is diratied by the OWNER to
handle [he subcontract for the OWNER, there will be a fifteen t151 percent charge for Handling.
m the event thD ARCHITECT is involved m providing services to assist the OWNER m applying
for and processing applications or perm~!s, the fee /or such service will not be related to final
approval or demal. Ail application or permit fees to agencies. assoc~ate0 wdh documents
submitted by the ARCHITECT on Dahalt of [he Ot'JNER. Shall De peed to the agency by the
OWN[ H
r.~
CITY OF ATLANTIC BEACH
Attn~ Chief Jonn J. Ruley
November 21. 1995 -Page 2
e. The ARCHITECT, following the OWNER's approval of the Construction
Documents and of the latest preliminary eSUmate of Construction Cosi, shall
assist the OWNER in obtaining bids or negotiated proposals and assist in
awarding and preparing contracts for construction including:
1. Attending pre-bitl meeting.
2. Attendance at bid opening.
3. Presentation to Commission
The OWNER shall provide authorization for Ina ARCHITECT to proceed t0 the
BiddinglConstruction phase
Scope Item N3: Corotruetlon Admfnistrntlon
?he A/E snail:
a. The ARCHITECT shall review end process Contractor's submittals such as shop
drawings, Product Data and Samples, for the limited purpose of Checking for
conformance with information gwen and the design eonceDt expressed in the
Contract Documents.
b. The ARCHITECT shall visit the site [he equivalent of Two 121 visit per month
from the start of construction for six (61!month construction period.
Items to be Furnished by OWNER
At No Expense to the ARCHITECT
Assist ARCHITECT by furnishing, at n0 C05t to the ARCHITECT, all available pertinent
information including previous reports, surveys, geotechnical reports: all permit application and
governmental inspection fees: and any ocher dale relative to performance Of the above Services
for the DrojeR. It is agreed antl untlerstootl that the accuracy and verscrty of said information
and data may be relied upon by ARCHITECT without indepentlent verification of the same.
Time o1 Performance
hems 2 ihmugh 2 of Me Scope of Servire5 will be compl0ietl wrthm emery (9D1 Calendar days
after receipt of Notice to Proceetl except for delays beyond the reasonable control of the
ARCHITECT. Said reDresentetion is not, however. a warranty or guarantee that said 5erwbe5
wJl be completed within such rime frame.
Item 3 of the Scope of Services vial be completed within one hundred and eighty (190)
calendar days after receipt of Notice to Proceed except for delays beyond the reasonable
November 2t, 2995
Gty of Atlantic fiasco
8G0 Seminole Road
Atlantic eeacn, Floods 32233
Attn: Chref John J. Ruley. Fire Chief
Re: Public Safety Building Renovations & 2.500 S.F. Addition
1 85663 1
Gentlemen:
ceE a JENSON
Erq~et s-4UVy~uAama, IrS
x»52 ~~ ~^wY. S,sls a
JYkEpMYb. fbIIQ! u' 2$(
teiervanu r>Drr 1Y'-9L9r
faz 1Y0r)1G2-r208
We ere pleased to submit the following proposal for professional services in connection with
the Public Safety Building Renovations a 2,500 s.f. addition.
Gee & Jenson Engineers•Architects-Planners, Inc., hereinaher referretl to es the ARCHITECT,
proposes tc turrtish professional serwces for the City of Atlantic Beach. Florida, hereinatte~
referred to as the OWNER for the scope outlined below for the sees stipulated herein.
Scope of Services
The ARCHITECT wdl perform the following:
Scope Item Nt: Deelgn DwrJopment Pffate
The A!E Shall:
a Review the OWNER's program.
b. Develop a schedule, construction budget, end prepare documents for DWNER's
approval, and Design Development Presentation [o Commission
c. Review tide requirements and geotecnnical date (supplied by OWNER(.
d. Provitle five 15) sets of Design Development documents, outbne specifications
and inhial cost estimate. The OWNER Shall pr0wde review Comments and nb[i[e
to proceed to the next phase.
Scope Item M2: Corotruetion Documents and Bidding
The A%E Shall.
a. Prepare final Construction ISidl Documents incorporating any adjustments to the
plans a5 required from [he previous phase review process.
b Advise the OWNER of any adjustments [o the preliminary cost estimate.
c. Assist the OWNER m the bidding process.
d. Provide five 151 sots Of Construction Document plsns, specifications and any
adlu52mentb t0 the COST estimate.
City of Atlantic Beach
City Commission Meeting
Staff Report
AGENDA ITEM: Request a time be scheduled for the commission to here from the
Architects, Gee & Jenson, and to except the contract that has been
worked out with them and staff
SUBMITTED BY: John Ruley, Fire Chief <~
DATE: November 16, 1995
Attached is a wpy of the contract submitted by Gee & Jenson and
approved by Staff.
770NS: To have the comma approved so the design process may start.
ATTACHMENT'S: Copy of Gee & Jenson comma proposal
RECEIVED BY CITY MANAGER: ~
AGENDA ITEM NO.
fka{achrrlert~ 4
~t sheek~
WATER TREATMENT PLANT #3 IMPROVEMENTS & 3Rll WELL
A Cnmrri «ion ypproved Fundine -
WTP #3 ImprovementsrDesign 3600.000
3rd Well ~~
3668,4 W
B F (~ imared CO~t
1. WT P & Well Low Bid (Doesn't include design) -
3680,000
(Add on Diesel Tanks & Chemical Feed System
required by DEP)
2. Design 45,250
3. Work on Old Well 2,000
4 Inspection 15 780
5766,030
C. Additional Funding Needed S 97,630
Atf~ . 3
~sMi z/z~
c%
r O
~~
,: =.
~'
O Q~ UUUUUUVVV
U y~'
U I
~~n eg~~~o tioRao$$~
6
;i O ~ O
O~ ~ I ~~
ei Q ' o~
~, ' =~~
m~ ~~
~I R~
~I FF. iC RlC R -R
^I ^a g ~ a ~
g R 8~ g
til = °~
o~ R RI
I
~~ R
~~ a~ ~~1
~~~ ~~s~ex~~~s~~~axa -'
W ~ ~ "~
w i ^_ xR^s^. m~
a-~dm mmmomommm
oi< << «
~~ a;~-
m F• a°u£ ee~e
^~£yy EE
W q~UQ ::U
:~^€~Y's eH e<i„
o n¢'~ €~YY~~~ _
-~ c¢~
o ~`=Sb~ gYB~b .~
~'~3~€if•WW~;~s
i
~_
7~7tt
E ~ E
~ 's
~~~
F ~
a~ .
§~
~ ~~:
~~
?o
m
~~~~~
.~f ~€~
_$
€~ _c
5
.x z ~_
~~~~E~
A~~'acl~mcn+ 3
2 shcc+s~
CITY OF
~tfa.ette Soul - ~larricla
8005L1r1NOLF RrLJD
ATLA.~mC BF.1CF1, FIDRIUA JZ3JJ.56C5
rFiFrnoNe (9a) N35600
FAX (90p 21i5t0J
Memorandum
Date: October 26, 1995
To: Kim Leinbach, City Manager
Jim Jarboe, Deputy City Manager
Bob Kosoy, Director of Public Works
From: Ann Meuse, Finance Director
Subject: Water Treatment Plant #3
~~C~~GM~sr~~
~~ OCT 3 0 1995
ay---~
I received a copy of the letter to Bob Kosoy from Sims Design Consultants, Inc. dated
October 24, 1995 regarding the bid for the Water Treatment Plant #3. As stated in the
letter, the low bid for the project with additive # 2 is 5680,000. Attached is a schedule of
funds expended from the Barnett Bank loan. The original estimate for Water Treatment
Plant #3 was 5600,000 of which 541,200 was spent on design work, leaving an available
balance of 5558,800. The budge[ for the 3rd Well at Assisi lane was 568,400 of which
525,000 has been spent to date, leaving a balance of 543,400. 11 understand that the Well
at Assisi Lane is part of the Water Treatment Plant #3 project). The combined available
funds from the Barrett Loan for the Water Treatment Plant #3 and for the 3rd Well at
Assisi Lane is 5602,200 which leaves an unfunded balance of 577,800 Inot inclusive of
any costs if an engineering firm is to be hired to oversee the project).
Over the last year, the City Commission has funded 57,040,279 in projects out of the
Water and Sewer reserves. (5583,464 for water meters and 5456,815 for the Salt Air
project -Total Salt Air project is 5774,687.50 with 5455,815 funded from reserves and
the 5317,872 balance from the new fir,ancing.l Doug Layton of Smith and Gillespies has
indicated that a review of the utility reserves and a recommended reserve for
contingencies and emergencies will be made as a part of his engineers report. Presently
the City has approximately 51.2 million in [he combined Water and Sewer reserves which
are not restricted or required for current operations. The additional 577,800 required for
the Water Treatment Plant a3 could be funded from these reserves, however; I would like
to suggest that any other use of the Water and Sewer reserves be evaluated after the
engineering report is received.
ftft 2
~sh4 3(3~
BIDS RECEIVED
WATER TREATMENT PLANT N0.3 II1iPROVEMENTS
SDC 94376
ATLANTIC BEACH, FLORIDA
OCTOBER 19, 1995 2:00 PM
BID TABULATION
CONTRACTOR
PREQUALTFIED BASE BID
INDIAN RIVER
TNDU57RIAI. No Bid
CONTRACTORS
WPC INDUSIItIAL 5338,000.Op
CONTRACTORS
BEACH 54f0,000.OC
CONSTRUC770N
MUI.7T-STATE Na Bid
CONSTRUCTION
PBM I 5493,000.00
CONSIR[JCI'pRS
LOWER OF
ADD[TTVE
ALTERNATE NO
IQ$
ADDIRVE
ALTERNATE
N0.2
5272.000.00
5223.000.00
7220,000.00
I LOWER OF
ADDITIVE
ALTERNATE
N0.4 sg
ADDITIVE Bm BOND,
ALT7RNATE BASIS OF I OTHER
NO. S AWARD SUBMiTTAIS
547,000.00 15837,000.00 ~ 3Mmor Emwa
S47,OOp.00 1 uao,ooo.o0 1 ~
532,000.00 ~ f767,000.00 ~ 2Mmor l}mrs
~RTINIF.D O RF(T BY: SIMS DESIGN CONSULTANTS, INC.
es G.! ~cf2~J /99r
Date
A-F+. 2
~shf z/3~
Mr. Robert S. Kosoy. P.E.
SDC No. 94-376
October 24, 1995...Page 2
B. One copy of the duplicate bid documents did not have a signature on the Drug-Free
Workplace Certification. The other copy was proper.
3. Beach Construction Company, Inc.
No irregularities were found.
The above stated bid deficiencies could be considered non-substantial infonnalitia and may be
waived, if desired.
We have prepared a Bid Tabulation of the bids received, and enclosed three (3) copies for your use.
Based on the bids received, and the scope of work io be performed, we therefore recommend that the
City Cotnmissioa award the project to:
Beach Constrttetion Company, Inc.
4000 S W 35th Tertace
Gainesville, Florida 32608
for the low bid of 5680,000.00 for the Base Bid, with Additive Aherirete No. 2 aad Additive Aheraate
No. 4. We realize this is over the City's budgeted atttoum of 5600,000 for the project Sitter this is
the second bid for the project, we feel it is is the best iatetest of the City of Athvttie Beach to award
~ this 6me, ta:her thaa rebid for a third time, if eottfuma6oa of available funding caa be obtained
from the City Finance DireMOr.
We are pleased that the firm of SIMS DESIGN CONSULTANTS, DVC. has 6eea able to assist the
City of Atlamic Beach on this important project Please call if you have any questions.
Sincerely,
SIMS DESIGN CONSULTANT'S, INC.
~ ~~
Johwy C. Sims, P.L-.
Presidrnt
Enclosure
ce: Mr. Kim Leinbach, City Manager
Mr. Harry McNally, Buceaaeer Division Ctuef
Ms. Anne Muse, Finance Director
1CShjc
l~~~achmon+ 2
s SIMS DESIGN CONSULTANTS, INC. ~,,,~ /,'7,~~,re -
p Prolessienal Engineering, Surveying 8 PlannirxJ Consuhanls
C 8301 Cypress Plana Drive, Suite 117, Jacksonvdie, Florida 32256 3 ShGe'~'s~
(904) 281-9917 • Fax (904) 296-1803 //,~a
October 24, 1995 1. ~lU (~IJ ~1~~^,
1~! OC I1 5 1995 I~ j
A4. Robert S. Kosoy, P.G. L.
Director of Public Wnrks g
City of Atlantic Beach y~-~
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
Re: Recommendation for Award
Water Treatment Plant No. 3
City Project No. 94/95-16
SDC No. 94-376
Atantic Beach, Florida
Deaz Mr. Kosoy:
Pursuant to the Invitation and Advertisement for Bids for the referenced project, three (3) bids were
received at the designated bid opening time of 2:00 pm, October 19, 1995. The bids received and
opened were from the following preyualified companies:
WPC Industrial Contractors, Inc.
PBM Ccnstrttctors, Inc.
Beach Corulmction Company, Inc.
Bids were opened and read, with a disclosure of rite bid amounts for the project, and a brief review of
the suppoRing documentation.
We have since reviewed one copy of the bid dotmmrnts and have found the following items not in
conformance with the specifications:
WPC Industrial Contractors, Inc.
A. Severel page submitted for one copy of the bid were not the original pages with the
Sims Design Corlsultaats, Inc., wrporate seal. Addendum No. 1, Item 5, stated that
the bid forms must be the original sealed pages.
B. One copy of the bid vvu missing Proposal and Bid Fortn page PBF-19, with Additive
Alternate No. 5. However, this item was declared "No Bid" by the bidder.
C. One copy of the duplicate bid doarmrnts did not have a corporate seal on the signattne
page, PBF-20.
2. PBM Constructors, Inc.:
A. One copy of the duplicate bid docrunettts did rat have a corporate seal on the signattm
pagc, PBF-20. The other cePY was ProPR~
- COMMITTED TO EXCELLENCE -
A~f-facd»,cnf 1
~sht z/z)
Mr. Robert S. Rosoy, p,g,
Page 2 September 7, 1995
SDC 94-376
We trust that this appropriately responds to your request. Should
you have any questions, please do not hesitate to contact me.
Sincerely,
SIMS OSSIGN C068ULTAATS, I9C.
i
GO on rimes, P.E.
Vi a President-8nvironmental Services
cc: Ms. Ann Heuse, Financial Director
GEG/kjc
~~
SIII DESIGN CONSULTANT: `1NC. Cz sti+s)
p Prolessional Engireenng, Surveying 8 Plannrrg Corairryarns
C 8301 Cypress Plaza Drive, Suite 117, Jadrsonville, Fonda 32256
(904) 2819917 • Fax (904) 296-1803
September 7, 1995
Hr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
SUBJ: Water Treatment Plant E3 Improvements
SDC 94-376
Atlantic Beach, Florida
Dear Mr. Kosoy:
Confirming your request this date, we are providing you with the
following desired information:
1. The remaining project schedule is estimated to be:
Project Advertising: Completed October 30, 1995
Bid Review and Award: Completed November 30, 1995
Preconstruction
Conference and Notice to
Proceed Completed December 15, 1995
Constrvction Period: Completed June 13, 1996
Project Close Out: Completed June 20, 1996
2. The estimated consultants accumulative fee is estimated
to be $48,000.00. This includes anticipated additional
services fee for readvertisement, support consultation
bid review and recommendation of awards. Estimate
observation and general services for construction are
included in Number 4 below.
3. We presently estimate the construction cost to be
$550,000 to $600,000.
4. a. General services during the six month construction
period, i.e., monthly site visits, shop drawing
review, liaison, request for payment approval, as-
built drawings, etc. - $12,000.
b. On-site observation at seven percent of estimated
construction of $550,000 = $38,500.
We have also attached two sets of 1/2 size plans per your request.
--COMMITTED TO EXCELLENCE -
CITY OF ATLAN7IC BEACH-CITY COMN.ISSI Oii N.E E?IF~3-S^'=_FF kE?C3^t
AGENDA ITEM: Water Treatment Plant tic. ? Imprr,ve':?::ls
And Third Well AL Assis _~ Lang
Date: i; evember 20, 1955
Page: 2.
Constrcc tZ Or, engineerinc and inspecticr. ser.:ces c..r ±hrs
project will be performed by a cons ultinc enci r.eer :..^,c f•rr.
who will report daily to the Director of pub;.c S:or;a. Their
fee of 515,780 was approved by the City Comrriss: cr. at the
10/23/95 Commission Meeting.
As further background, the Consulting Enginee - r:e -.. _
estimates were lower than staffs'. Shortly af!er c.?.e ,~
contract was approved on May 9, 1594, verbal e_'ir.~a tes ~.+ere
provided to staff of 5450 ,OCC fcr this pre;ect c:._Lt,cct ti:e
third well. On November 9, 1594, the enci ;ee_c;:g `_.rr.
provided an stimate of 555,650 for the addi'ic-a' well, for
a total estimate of 5505,650. On Sept ercber 7, 199`_, tY.e
engineering firm. revised their estimate for ti:e co:s cn.ct:on
costs to be between S550,000 and 5600,000 fcr the :ctai
protect and constructi or. engineering servSces :., be SSC.SCO.
RECOMMEI+DAYI OIJS: Approve Low Bid of 5680,000 _`or Wate:
Treatment Plant No. ? Improvemen! Project
Which Includes The Construction Of T. he
Third well At Assisi Lar;e.
ATTACHMENTS: 1. Letter from Sims Design dated °/07/95.
2. Letter from Sims Desigr. dated 1C:24/95
3. Memo from Ann Mevse dated 10!26;'9
4. Funding Su,~runary
^\ 11
rtEVIEW ED BY CITY MANAGER:_ ~" LZ1 /p
F.G EI<DA :TEt~ NC. l,r F
CITY OF
1 !~a«tic b"eae(s - ~fazida
,.
1~ _. _
~ro sA\~unvFn u\~e
ATLA\TIL' BFX'H. ilpRfgA )32J31181
TELFPHOYE 19W12t1.5(H
FAX IWII S!F%U
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: +a!e- ._ear-,E•,r =1ant ?. ,,.
F.nd
3 Improvec,eras
BUBHI TTED BY: F:~rert =, N:csoyj Di rector c_` Fubiic Bcrks Y~ ,~
'r.a: -_ E` .'4clraily.'Fi ar.? Di'. aior. Di:ecic:
BACKGROUND:
A bid epeni cg for :his protect was schedai ed er ic'r.el iy fr. !'
July ?' 1555. Only tuc ccr.t tact ors ::ere prequal if red and
one of/the co..^.tracurs advi sea the City or. '~2E; 55 that thei_
f: rrt, ::Quid noc he }>i dr. ng on the protect. Therefore, ti.a b_d
cor::i ra was carre!!ed and the staff :net with the design
en_iaeer to rework the bid package.
'. he ._ d pa Ci:aae was :EteOr ked an. five coat tact OrS were
r:ecua L'fiec. .. :C~ - » 'rids were opened for the wate±
.ea'rt.er:' F: ar.t vi:c. 31 lmprovem-n. Protect at 9C2 Assisi Lar,e.
The bids ..ere ar:al~:zed by ::e Des~_gn Eng.neer (See 1C/25/55
'et ter €: ort~ Sirts Des: oat and the finar.carc was discussed in
!i.e r:neamra ndum frG Ms. Ann Meuse, Fi r.ance uirect or, dated
.., i6j S5.
niter. t!,e rmprove~-~ents were ir._tiai ly peepos ed seaeral years
aoo, we es": rt:ated the V;ater Treatment Fiant Imps ovements
wculd cent SEOO,i-00 and the third well at tse plant would
ccst ScE, cpp, Ir. addi t. on, this pro;<ct _r.cludes the
cer,=_: uct~en oE: _ tuo r:ew SOC-gallon diesel storage tar.'r.s
ito fuel '_he eme: uer.cy gene rat or and fire cara5e heater j,
a::d [) a cii e:r,i cal _eed _ystert, to _n,ec- ~ y
^_', G .•,opo. yp. ospt:ate
~. c.
~.: c:. - ecv'__i ccr: cs. or. prof: ers ~::d~a? res.dent~al
tomes..eg '_-.gyn. '. mad ar:d ccpPer pl ur~b. no. T}:e addiL er.a;
...rs ,.. eq~,. _ r~' •}< Fi o:ida epa: ,~,..:_ c: Ecr,ror,:nenc a:
.-.._o^ as re:~t cE c pro jest .~ .-F.es< added a::
a.:__. _..na. cos' ,._ c~.,,, .,, tc ..._ o: _ c..
CAF
~~
ARTICLE 33
This agreement shall commence and become effective on the day of __. 19
and shall continue in full force and effect until midnight o(the thirtieth day oC September, ~99(t ~l~ 8
if either party desires to negotiate a successor agr nt, it may do w by giving the other party
written notice to that effect no later than May l ,-5996 If written notice to negotiate a successor
agreement is given by May I, 1995, the negotiations shall comm~~e77nce no later than May I S(,,d995~- lTtB
En,v,n„unw,w,,,,c..~ ~~ W~ ~ `d~1'1/Vrl.t%tA'T "7-f -d~
C'` ~-
Lam- ~~~
I~~
ARTIC~S 32
EhiZ?E F.GnEcMEb:
32.1 The parties acknowledse that during negotiations whic*.
resulted in this Agreement, each had *_he unlimited
right and opportunity to make demands and proposals
with respect to any sub7ec t~or matter not removed by
law from the area of collective bargaining and that the
understardings and agreements arrived at by the parties
after the exercise of that r1 ht and opportunity are
set forth in this Ag: Bement. LTher efore, the Public
Employer and the ZA?? for the duration of this
Agreer..ent each volunta: lly and unaualffiedly waives the
right, and each agrees that the ocher shall not be
obligated to bargaining collectively with respect to
any subject or matter not specifically referred to or
covered in this Agreement even though such subjects or
matters may not have been within the knowledge or
contemplation to either or both of the parties at the
same time they negotlatetl or signed this Agreement. `.
~~ ~ Q „ - CMR~-`,~. .++~ Ada-*u*'~, '_ A""' „
50
AF2TICLS 31
1h
S=V=iZ~.3ILITY
3i.1 In the event any Article, Section or portion of this
Agreement should be heiC invalid and unenforceable by
any court of competent jurisdiction such decision shall
apply to the spzciflc Article, Section or portion
thzreof specif Sed Sn the court's decision; and upon
issuance of such decision, the Public Employer and the
IRe^F agree to Smmediately negotiate a substitute £or
the invalidated Article, Section or portior. theceof.
SS
~~
F3Ti C1,E 30
COG^e O.^ ET'r'iCS hFJ USE Oe^ CIYy E UIPi•Lisi
30.1 9argaining unit employees shall be bound by the
Employee Code of Ethlcs set fort Y, In the Personal Rules
and Regulations. Violations of any provision of the
Employee Code of Ethlcs shall subiect the employee to
disciplinary action, including discharge.
302 No bargaining unit er:p ioyee~shall use City owned
equipment for his personal benzflt without the
permission of the Fire Chief. The Fire Chief's
decision on the use of C!ty own?d equipment for
personal use shall not be sublect to the grievance and
arbitration sections of this agreement. The use of
City equipment is not to be construed as a fringe
benefit or as a wage supplement.
30.3 When operating City veh!cles, the employee must
a current and valltl Moter Vehicle Operators L!censesess
issued by the Sta :e of Floritla, appropriate for the
size and type of vehicle operated.
30.4 Employees shall not transport individuals who are not
City employees in any City equipment unless the
individual Ss involved Sn official City business.
30.5 The operation of City ecuipment must be conducted Sr. a
manner which Insures the safety of the operator, public
and equioment at all times.
40
d. Phencyclidine 25 n/ml PCP 25 n/ml GC /b15
e. Mariiuana
Metabolites 100 r,/nl ?otal n 15 n/ml Delta
9 - YFC
f. Earblturates 300 n/ml 150 n/ml
When alcohol screening 1s reouired under the
provisions of this policy, the standard which
shall be used to determine what level of alcohol
shall be considered as positive shall be ".05"
grams per deciliter.
L~
submit to a search, Prov1C=_d that at no time wlll
any employee be searched by or Sn the presence of
a member of the opposite ses. Further such search
shall be in the nature of a "pat-down," and shall
take place in a locations as not to u:.necessarlly
e.:ba: rass the employee. .^, employee's refusal to
cooperate with or submit to a search may b=
treateC as serious SnsuborClnatlon that warrants
Immediate discipline, in cludlrg discharge.
h. All employees who must use a prescription drug
that causes adverse side effects (drowsiness or
impaired reflexes or reaction time) shall inform
the CSty that they are taking such medication on
the advice of a physician. It is the employee's
responsibility to Snform the City cf the possible
side effects of tY~e C: ug on performance and
expected duration of use.
1. Except as stated in subsection e. of this Article,
the cost of drug and alcohol screening tests shall
' be paid by the City.
J. the Clty retains the right to maintain discipline
or invoke disciplinary measures in the case of
conduct which may result from or be associated
with alcohol or substance abuse.
k. Decisions of an arbitrator under this Article
shall be limited to a determination of whether oc
not the CSty, had reasonable suspicion, and whet Y.er
or not the employee was untler the influence of
alcohol or drugs, and not the disciplinary
measures ir..oosed by the City.
24.3 41h?^ druc sc. een!ng Ss re?ulr ed under the provlsichs o_`
this po'_Scy, the following standa: ds shall be used to
determine what leCEls C` Cetected SubstanCe~ Shall be
COn51d2r2d ES p05StiV2:
DF.uG GFOJp SCc3E~i li7G Tc5? CO;:Fi rj!AiO-~
1GJ1
a. F..^..phetamines 1030 n/ml F.mphetaa;l ne 500 r./mi GC/MS
b. Cocas r.e
Hetabolites 333 n/mi Mett bollte 150 n/ml GC/HS
c. Opiate
M_tabolltes 300 n/ml Morphine 300 n/ml GC/MS
56
Ss unsatlsf actory, alone with the report of
positive results, shall be provided by the City to
the e^~p loyee.
d. Ir: the event the Clty r2C_UESLS that an employee
subr..it to breath, biooC, crir.E and/or other test=_
and the Er.:cloyea chooses not to subr,.lt to such
to=_t or tests, the reasonable suspicion to believe
the employee was under the influence shall be
iustif!cation for discipline, including dischargE.
If the employee submits to the tests and the
results indicate alcohol or drug use (other than
as Srdlcated Sn Sectlon h), the employee shall be
dlscharged or suspended without pay at the
discretion of the City. After thirty (3v~) days
Nava Fassed, a suspended employee desiring
reinstatement shall, upon written request be given
the opportunity to submit to further blood or
urine drug/alcohol screening tests, at the
employee's expense. If such tests Indicate the
absence of alcohol or a controlled substance, the
employee may be reinstated at the discretion of
the C!ty. In the event forty (40) days have
passed and the City has not received tY.e written
recuest signed by the employee, to take the
alcohol or substance abuse test, or the employee
has failed to take such tests at a time and
location designatetl by the City, the employee
shall be discharged. An employee who is
reln5tateC under this Sectlon shall be sub]eCt to
rardo;.i testing during a two (2) year periotl
f of low!rg the initial test. Should such employee
test positive during this two year period he shall
Ge dlscharged.
Fn E-oloyee ray be granted a one time leave of
absence wR tout pay not is e::ceed sixty (60) Cays
to u::der Se treat C.Ent for alcohol or substance
abusa pursuant to an aFProved ireatmer.t prograr...
do er. ployee benefits shall accrue tluring this
pericd. The request r.:ust be voluntarily mace in
w: lt:nc prior to the instl tution of disclpl!nary
measures for alcohol or substance abuse.
The City has the r!ght to search lockers,
hanCbacs,lunch bo£e5, other centalneCS, or other
personal effects of employees at any time provided
LY.e C,ty has reasonable suspiclcr., to believe that
-^ e^ployee possesses or Ss under the influence of
drugs or alcohol. If deemed necessary by the
City, the employees themselves r..ay be askeC to
SS
HTZCLE 29
F.LCG'r.G~ F.tiD D?UG TEST TCIG
2°.'- Goth the City and Union recognize that drug and alcohol
abuse Ss a growing problem amonc our nation's work
force. The Clty and the Union also recognize the
LremenCOUS cost, both Sn terms of efficiency and Sn
hu,^..an sufferi rg caused by needless wor Y. place
accidents. Acknowledging the necessity for action, the
fcllowing F.lcohol and Drug Testing Program Ss hereby
1 r,i t±ated.
25.2 a. All applicants may be sub;ect to drug and alcohol
testirc. '
All bareaining unit employees may be subiect to
drug and alcohol testinc as part of an annual
physical examination.
Ir, the event the City has a reasonable suspicion
to believe *_hat an employee is under the Srf iuence
of drugs or alcohol on duty, the City may recuire
that the employee submit to breathalyzer tests,
blood tests, urina lysls, anC/or other appropriate
testing. Should the employee test positive to a
drug test, the City will utilize a confirmatory
process bef oce instituting action. The Cities Ft;:G
must review ail confirmation tests, positive and
negative. Within five (5) worklrg days after
receipt of a positive corf Srmed test resu'_t from
the testing lobo: atory, the City shall inform tY.e
E G.pIOyEE in 'aril _..^.g of such positive tact re_ulis,
the consequences of such results, and the o?t'o.^s
ova"_'_abie to the employee, incluCing the r!ght to
_.ie ar. adc:L.^.istretlve cr iegsl challe.^.ge.
The City s.*,a 11 p: evlde to the employee, upc r.
recuest, a ccpy of the test results.
hithi^, five (5) 'do r'r.1 rg days after receivinc_
notice o` a cositive conf it r..ed test result, the
employee will be al3oweC to submit Inf orma[IOn to
the City explaining or contestl nc the test
results. if the E^.~i.lOy22'S exo~anation or
chalie.^,ce of the cositive test results 15
unsatisfactory to the city, within fifteen days o`
recelct of the explanation or challenge, a wr!tten
expian atlon as tc why the employee's explanation
~~
CORRECTION
THIS DOCUMENT
HAS BEEN
REMICROFILMED
TO ASSURE LEGIBILITY
~=
~yVYrM
'^Y ~Y+
VqV{~'~
~.3TICiE 29
t•
`-L COr'O[, F.:Ip D~U^v icSTTL:G
2c
~- -Cth the City and Union recognize that drug antl aico:•:ol
abuse is a orowing problem among our nation's wor r.
_crce. The Clty and the Union also recognize the
~remEndous cost, both in terms of efficiency and Sn
hur..an suffering caused by needless wor Y, place
accidents. Acknowledging the necessity for action, the
foilowl rg P.'_cohol and Drug Testing Program is hereby
i r,'_tiated.
25.2 a. All apcllcanis may be sub'
testing. Ject to drug and alcohol
b. Fil bargaining unit employees may be subject to
drug and alcohol testing as pact of an annual
• physical examination.
In the event the City has a reasonable susoi cion
to believe t.*:at an employee Is under the Srfiuence
of drugs or alcohol on duly, the CSty may recuirE
that the employee submit to breathalyzer tests,
blood tests, acing lysis, and/or other appropriate
iesting~ Should the employee test positive to a
drug test, the City will utilize a conflrmator_v
process before Snstltutin4 action. The CSt1 ES F1C
must review ail confirmation tests, posltlva and
nega five. kSthln flue {5) workl rg days after
receipt of a post five confirmed test result from
the tesiln9 laboratory, the City shall Inform the
erployaE ir. writing o° such pos'ilve test re=alts,
the consEguEnces of sucA. results, anC the op tons
a'ra!lable to the employee, IncluCing the rig•'.t tc
..12 c' fid:a^ISir2 ii'JE Gr all v
legsl c*, en _e.
The city shall
recuest, a cco~p. oxide ,,o the employee, upon
./ of the test results.
:4lthin flue (5) wor Y.ing days after rece!vi nc
notice o` a cositi~e coaf Srr..ed test result, the
employee will be allowed to submit Snformation to
the City explainl ra or contesting the test
r BSUitS. i° the E8~pi0y 22's explar,aticn or
challer,gE of the oos!ilve test results Ss
unsatisfactory io the city, within fifteen days of
receipt of the exolanatlon or challenge, a written
Expiar,ation as to why the employee's explanai'on
kF+
~,-
r' N
'~
N', m'
.~' p i
`I
mJ
~. h,
~_~
ryi
of ~,
'i
-1
m:
i ?
0
fI
m'~ or;
d
F~
nI mj
0
m~ m
~'. I ~~
~ 'I
-~
ins m. ~n n'
j ~ i Ni
Q• i N:
i
a v a m~
i
~ I ~
~ ~~
N ~ t7 N'
j ~ ~.
j G~ O.
~ _f_I
N /O N l7
~ Q1 p
C ~ 0 r
O m ~
N
ymj C j
m m = m ~ J
m nd ; ~ ~ ! ~' ~~
~ E n m u n m ri
_ o m m I
m U N m y
Q m m ~ I j `__.I .~
0 ooc o
>.o onV a
U LL d {~1 ~ LL LL LL
_.~,. _.... ~'~iL. ~ar..~..
-'g ~ CM'f ar Paramedic Ineenasc
I_ Bach bargaining amt empluycc scho a framed rn basic till support or advanced 6fe
suplxttt and wha a ccttilicd he the Dcpanment of hcahh and Rehabilitative
Service. to perform procedures as an emereency medical technician (EM'f) or
Paramedic will receive 575.60 per month as an ineemive upon the presentation to
the Fire Chicl of a cahd, current cemficate.
2. It shall be the responsibility of the bargainng unit employee to remain certified and
any loss of certification will result in an immediate termination of the incentive
bonus.
'fhe City may approve an employee to take ume oti' from work with pay at the
employees regular straight ume hourh• rate of pay to anend EMT classes. The City
will pay the employee fcr travel time to anG from class, provided the employee first
reports to work at this assigned ume and retains to work immediately following the
end of class. Should the employee be required to attend class at a time he is not
scheduled to work, the City shall pay the employee for the time the employee
attends class at ume and one-hal(the employee's regular straight time hourly rate of
pay. If an employee fails to successfully complete the dazs he shall be chargW for
any pay received to anend class. These monies shall be deducted from any
amounts owed the employee by the City. The Ciry also agrees to reimburse the
employees for the actual cost of books and tuition of the class required for EMT
certification provided the employee presents original receipts for said expenses.
"fhe books become the property of the City and must be retained to the City when
the employee finishes the course.
'28.4 Any employee covered by this Agreement who is temporarily required by the Fire Chief, or
his desiEmee, to perform the duties of a higher classification shall receive pay at a rate free v~tr~s
afufE-Pd-~hevr3hift; of ten (l0°i i ce ~ tiasc the emnlm re ~I ° rat of ply for the ~-~^~
o9siiion of Um•er 'nemeer for each hour ih emnl t-~r f'~~
` lA°/ i above lhsgnolovee re tar rat of qay forth on f r t ~-jv' `
hour th employee ccrve ir. that nnanan n
1. It is understood that operating m the dassificauon of UnveriEnginecr when not
permanently azsigned to that posmon shall be considered working out o(dazs.
- his understand that operating m the classification of shift commander when not
permanently assigned to that Ixrsmon shall hr considered working oui of class.
ume bonus is addition to their annual bonus increase.
For the purposes of this plan, the date of last increase shall be the most recent date
upon which any of the following actions occurred to an employee:
~~ Uatc on which an employee received his probation increase (ifapplicable),
or date of employment.
ti- Uate on which employee received a merit step increase, or a change in pay
grade.
C. Cost of living adjustments or general increases shall not be considered as
the date of last increase.
3. For purposes of determining whether or not the employce has satisfactorily
completed his initial twelve month period of emplo}Trtent, or has satisfactorily
performed services for the city for further merit increases, the Fire Chief shall
notify the City Manager in writing of the Chiefs evaluation, with his
recommendation of merit step increase action If the employce's performance has
not been graded by the Fire Chief as satisfactory during the time period involved,
the employee shall next be considered for a merit increase after he has worked the
number of months set forth in the merit plan. The employee shall
4. 8 de at the step ce rosesy to h sed to a new pay grade, he shall enter the new paY
minimum increase of PaY step or to the promotion that
~PereemSen ! 10^/) tferr a
promotional pay step ------~-...above thee, (\^yj,~p~~,{~V,
PPSltlon oft ~ ~ ~ v ~ ~ `~:.Y
---~~~I` H'hrn an employee is promoted, his armiv
be adjusted (for pay purposes) to the date of the ~~" date shall
the date used to calculate his future merit step in~~Sron and this date shall be
d. P:.,•._ Tin's- 1-i(~r'~<(~'i 1~.:'i1V 41/1!C F~hS4D Tiffi•;; C'/.~ yE-FIt
f]c ~2~Y11cIF.%J To ~~~L'i r'/-
~.:'!c..;~ [% 7165 i'iti7p~7 ^,`t~•J,i ~.<~ (1~iti/
c;,-. &~ %i,~ cr7y czmirvs5>ti,., R/-~.
re F,nY--<,~^i'~=2g , UKaX7! C 1a,6t~bis t~ Iy~u T~ti'a ~~T; wr i
/71L. ~iw.~ ni. ,r. 7-~:: /t/E ~~' aR'~%'cR ^-t ~N 7f!r'/Y ~.r_ T,L '
~' T:~ 7t ~ G-n 7N~=iN
~~
ARl Icu. 2x
WACFti!1'M"f 012 I" IRAMEDIC INCENTIVE
28_ I tttscovcm
.Employees hired after October I, 1994 shall enter ExinoiFrc_
Addendum A at the aoorooriate oav step as determined by this Agreement and the Cia~
Manaeer.
28 21alEntrance salarv determination-
Except as provided herein, the original appointment to the classification of fire fighter or
engineer will be made at the entrance rate and advancement from [he entrance rate to the
maximum rate shall be by successive steps. The City Manager may approve initial
compensation at a higher rate than the minimum rate in the range (or the position
classification when the needs of the service make such action necessary. Such decision
shall not be subject to the grievance or arbitration provisions of this Agreement.
28.2(b)Advancement within a salary range.
1. Advancement within the merit step plan shall occur no sooner than twelve (12)
months from the employee's date of hire or date of last increase, provided the
employee receives a satisfactory or above performance rating from the Fire Chief,
and such advancement is approved by the City Manager.
-~ 2. Thereafter, employees who have previously advanced to the top step of the pay
plan shall be efigtble for an annual three percent (3%) one-time bonus increase.
"f he annual bonus shall replace step movement and shall be contingent on
' continued satisfactory service. The bonus shall not be paid in the employee's base
rate of pay, rather the Mnus shall be paid in a lump-sum on the empfoyees's
anmversarv date.
f mployccs who rccene an us crall alx+~c sauslactory evaluation raune shall receive
a hcu Ix•rcent f 2%61 one-time twnus m addition to their nornal step increase
I`mplovecs who have advanced to [hc top step of the pap plan, and who receive an
or erall alxnc ~atulacttm~ evaluaunn raune shall receive a two percent (2'01 one
ARTICLE 27
MILEAGE ALLOWANCE
27.1 Employees directed by the Fire Chief or hIS designee to
use their private automobiles for Fire Department
business, shall be compensated at the rate of s .27
per mile.
~1
ARTICLE 26
Ca~FFV DFVFf pMFNT'FIRF tU p FOR
26.1 Upon presentation ofan official transcript and proofofdegrce to the Fire Chief, each
employee in the bargaining unit who receives an associate degree from a college, which
degree is readily identifiable and applicable as afire-related degree, as outlined in policy
guidelines of the Division of State Fire Marshal of the Department of Insurance, shall
receive a 350.0!1 per month career development incentive.
26.2 Upon presentation of an official transcript and proof of degree to the Fire Chief, each
employee of the bargaining unit who receives from an accredited college or university a
bachelor degree, which degree curriculum includes a major study concentration area
readily identifiable and applicable [o fire-related subjects, as outlined in policy guidelines of
the Division of Slate Fire Marshal of the Department of Insurance shall receive a 3110. per
month career developmrnt incentive.
26.3 Employees receiving Career Developmrnt monies shall receive monies as accorded them
under either Section 26.1 or Section 26.2 They shall rrot receive at the same time monies
afforded from both of these Sections
26 4 A bargatmng umt employee who Possesses a Florida State Certification for fire safety
inspector will receive S}9669.per month incentive pay for each month the
employee is assigned and performs fire saf: ty inspections. Bargaining unit members
assigned to do Fire Safety 6tspections shall be used to assist the Fire
replace this position except in emergency situations. MarshaVlnspector, not
26.5 Fire department personnel that receive and hold Florida State Certification for Fire Officer
One shall 6e paid an additional 350.00 per month above their regular base wage.
tr.x5li~.,,,,~ ~ 1$!00 ~~,..,~,.~$ .
~~~
ARTICLE 25
TRAINING FND PHYSICAL FITNESS
25.1 It 15 untlerstood by both parties to this agreement that
training is a necessary antl vital part of a fire
fighter's Jcb. It Ss also untlerstood that training is
consldered work in the context of Job reculr ert:ent.
25.2 It is also understood by both parties to this agreement
that fire fighting is a most strenuous and stressful
form o: work conducteC Sn adverse conditions. Both
parties recognize the need for an ongoing physical
fitness program. The City agrees ,to maintain the
current training benefits enjoyed by the members of
this bargaining unit at this time, except as otherwise
provided Sn this Agreement.
25.3 Regulretl training hours shall be consldered hours
worketl for purposes of Article 15, and employees shall
be compensated accordingly.
F.RTICLE 24
Eg?LDYEE MEALS ARID CITY VERICLE USE
24.1 Eargaining unit members may use a City vehlcle for
transportation to and from an eating establishment Sn
Atlantic Beach or Neptune Beach 1f a meal period occurs
during the employee's normal working hours, and the
employee, due to a particular vehlcle assignment, has
no access to a private vehlcle. Also, if an employee
1s workine Sn the field and return to the normal place
of work is Smoractlcal, ~ City vehlcle may be used for
transportation to acaulre a meal.
2c.2 The Fire Chief shall have the discretion to determine
when bargaining unit members shall leave the fire
station under Section 24.1. The FSre Chief shall take
into consideration the adverse effect on the operation
of the department and the need for completion of work
assignments when making his determination.
y,..~. ,-..n..~....s._..,....... ,...~..~.e..__.
~. .
ARTICLS 23
UNION TiMS POOi
23.1 A11 members of the bargaining unit who are not on
probaticn as new employees may contribute 12 or more
' hours per year (either from, personal leave hours, or
compensatory time banks) to the Union time pool.
Provided that the maximum number of hours which may be
accumulated 1n the pool under this Article is 216
hours.
23.2 This leave will be computed and placed In a bank on the
1st. of October each year. ,
23.3 The Fire Chief shall have the discretion to grant or
deny use of pool time. The use of Union Time Pool time
Ss sublect to written approval by the union president
or his designee.
23.4 Union time pool hours not expended during the previous
year will be compoundetl onto the new bank of hours
beginning October 1 of each year, provided the maximum
aceumulatlon set forth Sn Section 23.1 Ss not exceeded.
23.5 The City shall have the right to review this Article
each year and to eliminate union time pool if St
becomes an excessive administrative burden to the City.
sw..a,.../.r~. ,. a .... __...,.,...~...,..
ARTICLE 22
RUTODIATED PAYP.OLL DEPOSIT
22.1 If the bargalning unit member chooses, he may request
automatic deposit of a portion (but not all) of his
payroll check into the financial establishment of his
choice.
22.2 The bargalning unit member will provide the Clty of
Atlantic Beach with the appropriate forms from his
financial establishment.
22.3 Bargaining unit members who choose tc discontinue
automatic payroll deposit may do so with a two week
notice to the City of Atlantic Beach.
.: u:a
23. One (1) bunker cozt and pants.
24. One (1) pair of susoendars.
Z5. One (1) pair of fire clove.
26. One (11 Pair of boots
27. One (1) flashlight.
21.2 The City will replace or repair Stems listed above as
they become unserviceable due to the performance of the
employee's official duties.
Any claim for a repair or replacement under this
Section must be accompanied by a yritten explanation
addressed to the FSre Chief setting forth the
circumstances necessitating the replacement or repair.
21.3 Any employee who damages, destroys, or loses any
furnished article of uniform due to carelessness or
negligence will replace (or at the satisfaction of the
City repair) the article at his own expense, or such
cost of replacement shall be deducted from the
employee's pay.
21.4 The employee shall wear the articles of the uniform
listed Sn Sectior. 21.1 only for official City business,
or when otherwise authorized by the Flre Chief.
21.5 Upon termination of employment for any reason the
employee shall return to the CSty all articles of the
uniform Sssuetl by the City.
21.6 The City agrees to provid< for the cleaning as in the
past.
21.7 WSth the e::ceotlon of under ciothi-.g employees 5ha11 not
wear articles unless Sssued to them by the City or
authorized b}' the FSre Ch Sef.
ARTICLE 21
UNZFOEL"fS ANO EOUIPMENi
21.1 The CSty will furnish to bargaining unit employees an
initial issue of the following upon emp7.oyment:
- 1. One (1) white shirt.
2. One (1) dress pants. ,
3. One (1) pair of dress shoes.
4. One (1) pair of utility Work boots.
5. One (1) pair of tennis shoes.
6. Four (4) blue work shirts.
7. Four (4) blue work pants.
8. Six (6) T-shirts.
9. One (1) tie.
10. One (1) tie clip.
11. One (1} dozen pair of socks.
12. One (i) raincoat.
13. One (1) 115ht weigh: ]acket.
15. One (1) w!r,ter ]acket.
15. One (1) badge.
16. One (i) set of collar brass.
i7. One (i) name plate.
19. One (1) Jump suit.
20. Or,e ( i ) pager .
21. One (i) helmet w!th face shield.
22. One (1) P3Z hood.
r
ARTICLE 20
BULLETIN BOARDS
20.1 The IAFF may be permitted to provide for Sts own use
one bulletin board not to exceed 5' X 3' in tllmension,
provided the bulletin board, shall be located only in
the day room.
20.2 The Union agrees 1t shall use the space on the bulletin
board provided for herein only for the following
purpose; Notices of ZAFr^ meetings, notices of internal
elections for IAFF offices, reports of IAFF committees,
policies of the IAFF, recreation and social affairs of
the IAFF, and notices by public bodies. In no event
shall the bulletin board be used to post political
material or offensive material. The President or the
Secretary of the Union are the only au::horized
representatives to post material on the bulletin board.
Said representatives shall initial and date all
material which is posted.
20.3 The Chief or his designee shall decide whether or not
Section 20.2 has been violated. Should it be
determined that a violation has occurred the Union
shall immediately remove the posted material and the
•Union may lose its bulletin board privileges.
"~V
ARTICLE 19 ~~~~~
SAFETY AfTJ HEALTH
19.1 The Public Employer antl the Union agree that they will
conform to all laws relating to safety, health,
sanitation antl working conditions. The Public Employer
and the Union will cooperate in the continulnq
objective of eliminating safety and health hazards
where they are shown to exist.
19.2 Safety practices may be improved upon from time to time
by the Public Employer and upon recommendations of the
Public Employer and the Union. Protected devices,
apparel, and equipment when provided by the Public
Employer must be used and any failure to obey safety
regulations or to use safety devices as specified in
department operating procedures and safety regulations
shall cesult in disciplinary action, including
discharge.
19.3 The Public Employer will require all employees to be
inoculated for the prevention of Hepatitis B. The
scheduling of the Snoculatlons will be tleterminetl by
the Public Employer and conducted on tluty. The cost of
such inoculationwill be bocne by the City. Newly
hired employees will be inoculated as soon as possible
after employment.
~~
ARTICLE 1H
INSURANCE
18.1 The CSty agrees to continue to provide employees c~lth a
group term life insurance policy providing for coverage
equal to the employee's annual salary rounded off to
the nearest thousand dollars. The City agrees to pay
the premiums for the employees' coverage for such
insurance.
1H.2 The City agrees to provide group health insurance
coverage through an HHO, PPO, and/or other Snsurance
means for all eligible employees covered under this
Agreement, and agrees to contribute to the cost of such
coverage as set forth Sn Section 18.3.
18.3 The City's maximum contribution for the Snsurance set
forth in Section 1H.2 of this article shall be set at
the per employee, per month premium set by the
insurance carrier as of January 1, 1995. It is
understood and agreed to by the Union, that Sf the
premium set by the Snsurance carrier on January 1, 1995
exceeds the premium for 1993 by more than ten (10$)
percent, the Union will return to the negotiation table
to negotiate this article no later than January 31,
1995.
It Ss understood insurance premiums assessed by HHO,
PPO and/or other insurance carrier during the year 1994
that exceetl the amount set on January 1, 1999 per month
per covered employee will be pair for by the employee.
29
,~2~~~'
AF2'IlCl.l? 17 R
TUI'17ON AIU
17. I An employee who has achieved permanent status will be eligible [o take courses which are
approved in advance by the Fire Chief as beinc related to fire service. Upon successful
completion of the course (grade of "C" or better is required for college accredited or anv
other grade course), the employee will be reimbursed fur tuition and books required by the
course in an amount of not more than 5100.00 per quarter course or S 150.00 per semester
course. The employee shall submit to the Fire Chief a written request to take a specific
course, course content and cost, prior to the employee registering for the course to receive
approval for tuition reimbursement. The employee must present written evidence of
completion of the course and the grade achieved to validate payment from the Employer.
17.2 An employee who does not remain with the City for a minimum of thieef3j O~(11 full
year after completion of a course for which he has received educational assistance shall
repay the reimbursement to the City at [he following rate:
Employee leaveszfter be(ore_one year of continuous service after completion of a course
he repays ~3j Ipa~o~ of the monies received.
repagrnomonies.-
Emolovee leaves after one ve r of continuo n is after ompletion of_~
repgvs no monies
17.3 Should there be no funds available from the City Training Fund the City will not be
required to reimburse the employee under Section 17.1
17.4 In the event the employee is eligible (or tuition aide from any other source, such as, but not
limited to Veteran's Benefits, the payments due under this Article will be reduced by the
amount of benefits paid by other sources.
17.5 "fhe City may, in tts discretion, decide to provide more tuition aid than the amount
specified in Section I7. I. Such decision shall not be subject to the grievance or arbitration
provisions of this A.greemcnt. Funher, the remaining sections o(ihis Article will apple to
ARTICLE 16
INJURY IN THt' IN OFD 11'Y
16 I
I~
ri i
emolovment by the city shall r iv all ^fi regy~red by Lhe Work rs r
re..... ,,o.~._c._.__v.-.__,_ ..
Anv emnlovee so ini~.ed mLSr r on tti°
-~._Sf1~ d~[ t.!~ menicAr ~f rl.n £ 1~
Shy ft d~rirt~y Wh~eh 1 "n' R ' Ol larw Lhen 77 hoL rfrrrufl rha - A
illneNi~%lr
6 3 Emolovees rerx_vi^,~o 0n_ hF._ oIy1N~~t 1 ve h_II not tivrk a_ • .y-Jo, or at
anv_ outside em_olovment Failure to obi ~e rh-~ ~ I ~h~ll r - It in for° ~* v o,, On_
the-Job I ~iu1y rwv
~a _
.. ~ .-_ ___._.-_._~~ ..~;.e~_
v ' f
011 have when a+mbined wi h M Word rs ompen_~_tion amo r II eo r th
emotovee s normal net after All °=!~~-;m ~e ti=.. e~~nl Aw m ant ~d to
e....a,..,m ~...~_ ~:~. ~__,.... ... .
15.2 An employee shall be paid at the rate of one and one-
half (1 1/2) times his regular hourly rate for time
worked in excess of a twenty-four (24) continuous hour
work shift as follows:
1. For any amount of time worked into the twenty-
flfth (25th.) hour the employee shall receive a
minimum of one (1) hour of overtime pay.
2. For any time over one .(1) hour worked passed the
twenty-fifth (25th.) hour of continuous work the
employee shall be paitl by the quarter increment,
to the nearest quarter hour.
15.3 Upon proof of attending court pursuant to subpoena or
other court order involving a iob-related case, not as
a plaintiff in litigation against, to City, an employee
who 1s required to be absent from a scheduled work day
will receive leave with pay equal to his normal pay £or
the hours he attends court, provided he remits to the
CSty any subpoena antl witness fees received.
15.4 Upon proof of attending court pursuant to a subpoena or
other court order Snvolving a job-related case, not as
a plaintiff in litigation against the City, an off-duty
employee will receive pay equal to his regular hourly
rate of pay for the hours he attends court, provided he
remits to the City any subpoena and witness fees
received.
15.5 Upon proof of attending fury duty, an employee who is
required to be absent from a scheduled work day will
receive leave with pay equal to his normal pay for the
hours he performs Jury service, provided he remits to
the City any jury duty fees received.
ARTICLE 15
ROURS OF WORK AND OVEP.TIME
15.1 The practice of computing hours worked and overtime
shall be based on a basic work period for bargaining
unit employees which shall be twenty-eight (28) days,
and the tour of duty will be twenty-four (24) hours on
and forty-eight (48) hours off. Personal leave hours,
compensatory leave hours and kelly hours taken off
shall be counted as hours worked for the purpose of
computing hours worked and overtime.
Dargalning unit employee's basic work period Ss based
on the Fair Labor and Standards ACt Haximum Hours
Standard of 212 hours per work period. Overtime shall
be based on this hours standard.
The-pay plan includes the basic salary schedule as
shown In appendix A of this Agreement. The pay plan
assumes a work period of 53 houcs per work week,
however, the use of Kelly Hours shall be utilized to
reduce the work week of fire fighter personnel to 53
hour on an average work week. For purposes of pay
remunecatlon and payroll processing, the following
shall apply:
Fire fighter personnel shall receive compensatory hours
in the amount of elahteen (18) hours every twenty-eight
(28) day work period, here after known as Kelly Hours,
as a schedule adjustment so arranged as to make the
work period average 53 hours per work week.
Xelly Hours may be taken by the employee at the
convenience of the FSre Department. Kelly Hours may be
accrued to a maximum of one-hundred-fifty (150). Once
the maximum of 150 hours is accrued no further Kelly
Hours may be accrued and all further earned Kelly Hours
shall be taken off. When this maximum houcs accrued
level Is reached, Kelly Hours off will be assigned by
the Fire Chief Sn Sncrements of 24 hours. All Kelly
Hours must be utilized by compensatory time off within
the fiscal year In which they are earned, unless prior
written approval is received from the Fire Chief.
Employees shall not be paid for unused Kelly Days upon
termination of employment.
~~
ARTICLE 14
BEREAVEMENT LEAVE
14.1 Employees covered by this agreement may be granted,
upon approval of the Fire Chief and City Manager, time
off with pay not to exceed three calendar days, Sn the
event of a death in the employee's immediate family for
the purpose of attending the funeral o£ the deceased
relative.
14.2 The employee's immediate family shall be defined as the
employee's spouse, father. mother, son, daughter,
brother, sister, father-in-law, mother-in-law
grandparents and any other member of kinship who may be
residing under the same roof with an employee during
the time of death.
14.3 Funeral leave or bereavement leave shall not be charged
to personal leave days.
14.4 The employee may be required to provide the FSre Chief
with verlf ication of death before compensation Ss
approved.
ARTICLE 13 4)"/)
MILITARY LEAVE
13.1 The employer and the union agree to comply with the
provisions set forth Sn the Vietnam Eca Veteran's
Readjustment Assistance Act~of 1974 (formerly the
Military Selective Service Act of 1967).
13.2 Employees who by reason of membership in the United
States Military Reserve or the National Guard, and who
by the appropriate authority are ordered to attend
annual training periods, shall be granted leave with
pay for such training not to exceed seventeen (17)
working days annually, and shall not have this time
deducted from personal leave hours.
13.3 No employee entitled to miliary leave shall lose the
rank, grade, rating or seniority held by him at the
time such leave Ss granted.
13.9 Employees requesting military leave are responsible for
notifying the Fire Chief as soon as possible of the
dates for such training period(s) and to provide an
official set of orders.
ARTICLE 12
LEAVES Or^ A6SENCE WITSOUT PAY
12.1 Leaves of absence without pay may be granted for
various reasons deemed acceptable to management.
12.2 All leaves, with or without pay, must be requested by
the employee in writing and must be approved by the
City Manager in writing before becoming effective.
12.3 An employee's starting date will be adJusted for leaves
of absence without pay.
12.4 The decision whether to grant or to deny a request for
leave without pay Shall not be subject to the grievance
or arbitration procedures of this Agreement.
f. No Personal Leave Hours may accumulate to an
employee on leave without pay, or one who has been
suspended for disciplinary purposes.
a. Subject to the restrictions contained in this
Agreement, Personal Leave F:curs shall accumulate
during each pay period and shall be credited to
the employee at the end of the pay period.
h. An eligible employee who resigns with at least two
weeks notice or whose employment has not been
Snvoluntarily terminated shall be paid for any
unusetl accruals. However, 1n no event shall the
employee be paid for any unused accruals exceeding
960 hours.
1. Employees with more than one ,year of service are
required to utilize a mini mum amount of Personal
Leave Hours each calendar year. Cashing in
Personal Leave Hours shall not be considered
"Utilization." Required minimums not taken as
' provided will be forfeitetl unless otherwise
approved by the Flre Chief. The accrual rate of
Personal Leave Hours and the minimum amount of
utilization of Personal Leave Hours shall be
determined as follows:
TENURE Haxlmum no. of Personal Hinimum
Leave Hours Accumulated utilization per
each B1-weekly Pay Period year
(provided maximum cap
has not been reached)
1st year 7.01 0
2nd year 7.01 40
Eeg . 3rd through 4th yr. 7.01 40
Eeg. 5th through Sth yr. 5.06 80
Eeg . 10th through 14th yr. 11.10 80
Beg. 15th and ove r 13.34 80
~~
lk~
'i /~1~
ARTICLE 11 ~J~J
PEPSONAL LEAVE FOURS
11.1 a. The "personal Leave Hours" concept is an
advancement from the traditional vacation and sick
leave system. Personal leave hours are not to be
considered comoensatlon for services renderetl.
All bargaining unit employees may be absent from
work and still receive-regular wages provided the
employee follows the procedures set forth Sn this
Article and receives prior approval from Y.e Flre
Chief or his designee.
b. The Fire Chief cr the Chief's designee shall have
the discretion to grant or deny the use of
personal leave hours. Personal Leave must be
_ taken in one (1) personal leave hour or more
Sncrements. Approval of leave may be suspended 1f
Sn the discretion of the Chief such leave would
pose a manpower shortage which would have ar.
adverse effect on the operation of the Department.
Employees may accumulate Personal Leave Hours up
to a maximum of 960 hours. Thereafter, employees
must ut!112e their Fersonal Leave Hours or forfeit
the ability~~to accumulate any additional hours.
For Personal Leave Hours used for illness, the
City always retains the right to require medical
documentation of the illness.
For hours permissibly accumulated under this
Article, the employee may elect to be paid Sn cash
(aeon completion of one year of continuous,
uninterrupted empioyT:ent with the city) or choose
to continue to accrue the days uo to the max!trum
arcual level set forth Sn this Article. For the
purpcse of cashing Sn accrued leave time, the
Public Employer will permit the employee to make a
recuest for payment two times during the year as
follows: on the first payday in June, and on the
first payday in December. Cash withdrawals are
restricted to the excess over 120 hours In the
Fersonal Leave Account on the designated
withdrawal date. Request forms are available in
City Hall. P.equests must be submitted at least
two weeks preceding each of the above dates.
~~
holiday or compensatory time.
10.7 For purposes of this Article, all holitlays shall
commence a[ 12:01 a.m. on the holiday (as set forth in
Section 10.1) and continue for twenty-four (29)
uninterrupted hours for ali shift employees.
10.8 The accrual and pay-out of compensatory time under this
Section shall be governed by the provisions of Article
15.
17
ARTICLE .0
BOLID^YS
10.1 The following are recognized as holidays under the
terms of this agreement:
New Years Day
Martin Luther Ring Day
Presitlent's Day
N.emorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Employee's Birthday
January 1st.
3rd. Monday Sn
3rd. Monday 1
Last Monday 1
July 9th.
1st. Monday in
4th. Thursday
December 25th.
Any day that the City Commission may designate
January
n February
n May
September
n November
10.2 Employees who do not work on the holiday shall receive
at the discretion of the Public Employer either twelve
(12) hours pay at the employee's regular straight time
hourly rate of pay or twelve (12) hours of
compensatory time paid to the employee no later than
the first payday in December of the year earned.
10.3 Employees who work on the holiday shall receive double
their regular straight time hourly rate of pay for each
houc worked during the declared holiday. In addition,
such employees shall be credited with twelve (12) hours
of compensatory time paid to the employee no later than
the first payday in December of the year earned.
10.9 In order to be eligible for holiday pay or dompensatory
time the employee must have worked the last scheduled
working day immediately prior to the holiday and the
first regularly scheduled working day immediately after
the holiday unless the employee is on paid vacation,
military leave, sick leave substantiated by a doctor's
certificate, or other absences excused by the Plre
Chief.
10.5 Employees who have been assigned holiday work and fail
to report for and perform such wor Y, without reasonable
cause shall not receive pay for the holiday or
compensatory time.
10.6 Employees who are on leave of absence without pay or
layoff on the holiday shall not receive pay for the
16
Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdir:tion az
described by PERC or is not in violation of public policy. The authority and responsibility
of the Public Employer, az provided by Florida Law, shall not be usurped in any matter.
9 4 The arbitrator will charge the cost o(his service to the losing party of each grievance.
Each side will pay its own representative, including but not limited to attorrtey, and ~
witnesses. Both parties shall share in the cost of a court reporter.~itlRaaid~desiring-a "I
j._ If the Cirv reaues c a a~rit>L clir_ Union will provid'e'd a j
~(n i rV V` ~ ~)
~. wr.(,f ~ cQn (ln.~J a
9.5 The commencing f legal proceedings against the City or any al ployee of the Nnntj
City in a court of law or equity or before the Public Employees Relations Commission, or
any other administrative agency by an employee, the City's grievance procedure, or group
o(employtxs, for alleged violation (s) of the express terms o(the agrecmem shall be
deemed a waiver to resort to the Grievance or arbitration procedures contained herein for
resolution of the alleged violation of the terms of this agreement. Additionally, the
commencing of legal proceedings agairat the Union in a court of law or equity or before
the Public Employees Relations Commission, or any other administrative agency, by the
City or any of its managerial employees for alleged violazion (s) of the expressed temts of
this agreemrnt shall be deemed a waiver by such employee or the City of the ability to
resort to the Grievance or Arbitration procedures contained herein for resolution of the
alleged violation of the terms of this agreement. Likewise, the utiiiration of the Grievance
or Arbitration procedures in this agreement for the resolution of alleged violations of this
agreement shall constitute a waiver of any rights the party who initiated the grievance may
have to review by the public Employees Relatiorty Commission, the City's grievance
procedure, or any other administrative agency.
9.6 Prior to initiatingjudicial review by any court for any alleged violation of this agreemrnt,
the grievance procudure must be completely exhaazted.
J~
AR"IICLH 9
ARI31"I'RATION PROCHDURB
9. I Whenever the Union requests arbitration in accordance with the previsions of the
(inevance Article, the parties shall within five (5) workine days following appeal to
arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel
o(xven l7) arbitrators, each of whom shall be a member of the National Academy of
Arbitrators. Arbitrators shall be selected from such panel by alternately striking names
from this list (the grieving parry shall make the first strike) until the last name on he list is
reached.
9.? The limitations of the powers of the Arbitrator are as follows:
(a) The Arbitrator shall not have the power to add to, subtract from, or alter the terms
of this Agreement;
(b) The Arbitrator shall have no power to establish wage xales, rates for new jobs, or
to change any wage;
~' "f he Arbitrator shall have only the power to mle on matters arising under this
Agreement and is wnfined exclusively to the question (s) which is prexnted to him
which question (s) must be actual and existing;
.~
(d) ~ .
~,
\ .
f~gnrmcntir-W ages.-and
Iel Il the subject of the bn-ievance submitted to arbitration concerns dixiplinary
measures lincluding dixharge)taken against one or more employees, the Arbitrator
is only empowered to pass upon whether the employee or employees concerned
actually committed, participated in, or were responsible for the act of mixonduct.
the Arbitrator is without authorip~ to pass upon the nature, extent, or xverity of
the disdphnarv measure (s) taken, such determination being xlely a managerial
premgauvc. If the Arbitrator finds that the emplocee has not committed,
panrnpated m. or was not responsible for, the act of mixonduct for which he has
discipline, the Arbitrator has the power to make the employee or emplovees whole,
including ordering back-pay (less compensation received Gom any other sources)
fur time lost, and remstalement when applicable.
9 . l here shall be no appeal Isom the Arbitrator's decision: rt shall be final and binding on the
union and tin all bargaining unit employees and on the Public fimployer. provided the
adjustment is not inconsistent with the terms of the collective bargaining agreement then in
effect acrd if the bargaining agent has been given reasonable opportunity to be present at
any meeting called for the resolution of such grievances.
The Fire Chief will dixuss and make an effort to resoWe all legitimate grievances with
fairness andjustice for both the grievant and the public employer. The Fire Chic(shall
orally communicate a decision to the grievance within fire (Sj working days from the date
the grievance was prexnted to him.
Step 2 - If the grievance is not seined at the first step, the erievant within f ive 1 S) workine
days o(the eeem>eneeef-thtaetiem ~ decision of the Fire Chief
in ' I. The grievant shall prexnt the grievance in written form (in compliance with
Section 9.4) to the Fire Chief with a copy to the Ciry Manager. The Fire Chief or his
designee, shall investigate the alleged grievance and shall within ten (t 0) working days of
receipt o(the written grievance conduct a meeting with the grievant an~~~~~ Union . ~
President o_ririsaltemate-asgovemed by Article#1, Section l.2 and l(3, +fthe3ries~ar+t -
~ "IheFire Chief or his designee shall noti yt-(fie grievant o(`
his decision no later than ten 110) working days following the meeting date.
Step 3 - If the grievance is not xttled at the xcond step. the grievant within five (51
working days Gom the date of the Fire Chief s decision shall present the written grievance
to the City Manager or his designee. The City Manager or his designee shall investigate the
alleged grievance and may within five (5) working days of receipt of [he written grievance
conduct a meeting with Public Employer reprexntatives,~he grievant and the Union
President, or his alternate as governed by Article 31, Section 12 and 1.3, ifthe-gneaant -
. The City Manager or his designee shall notify the grievant
in writing of his decision not later than then 1101 working days subsequent to the date the
grievance was received by the City Manager.
Step 4 - If a grievance, as defined in this Article has not been satisfactorily resolved within
the Grievance procedure, the Union may request arbitration in writing to the Office of the
City Manager no later than ten { 10) working days after the responx is received in Step 3
of the Grievance Procedure.
%.6 It is the mutual desire of the Eimployer and the Union that 6n'ievances shall be adjusted as
quickly as prssible and to that end the time limits xt (ooh in this Article arc to be strictlc
enforced. The time limns may only be extended by mutual written agreement. The term
"work days"' as used in this Article include Monday through Friday o(each work week
regardless o(the grievanCs work xhedulc. For the purpox of calculating time limits, the
day on which a grievance, or a repk b}' management to a grievance, is received, shall not
be counted. Failure ofmanagement to obxne the time limits for an}'step in the
tirievance procedure without a mutually aerced written extenston o(time shall entitle the
grievance (or the union in the cax of Step 41 to advance the grievance to the next step.
Falure of the grievant for the lJnion m the cax o(Step 47 to obxrve the time limits for
any steps m this Antclc without a mutualy agreed written extension of time shall terminate
the grief ance.
%.7 Nothing in this pan shall ix: constmcd to present any pubhc employee from prexnGng. at
any Ume, his own grievances, m person or by Icgal counxl, to the Public employer and
hat-mg such enevarces ad)ustcd ttnhout the mten~enuon o(the bargaining agent, i(the
f
~~~ \
1`~
s r
ARTICLI: 8 t~~
GRIEVANCE PR(X't~nt RF
8. I In a mutual effort to provide harmonious working relations between the parties to this
Agreement, ii is agreed to and understood by both panes that there shall be a procedure
(or the resolution or grievances betwcen the parties arising (ortn an alleged violation of
specific terms of the Agreement az provided in this Article.
8.2 For the purpox o(this Agreement, a grievance is defined az a claim or complaint that the
Public Employer haz violated a specific provision of this Agreement, provided such specific
provision is not a management prerogative and is subject to the grievance and arbitration
procedures of this Agreement.
8.3 Grievances may be taken up during the working time of the grievant upon the mutual
agreement between the Public Employer and the Union. If tht; eueved emoloaee r~~rv
8.4
(a) The specific Article and Section of the Agreement alleged to have been violated by
the Public Employer
Ib) A full statement o(the grievance, giving a complete dexription of the facts and
dales and times of the events involved in the alleged violation, and the specific
remedy desired by the grievant;
a~ Signature ofgrievant and date sibmed: and,
(d I Designation of the specific Union representative I must be an elected ofTicer,
steward or nion B Ines Aegntl if the grievant request Union representation.
Failure of the grievant to comply with this Section shall make the grievance null and void.
8S All grievances shall be procesxd in accordance with the foliow~ng procedure:
Step I - the grievant shall orally prexnt his grievance to the Fire Chief within ten t I01
workme days of the xcurtence o(tbe action giving rise m the grievance, provided that
should the action giving rix to the grievance occur while the rmployee is on authorized
paid Ieacr of abxnce or is on his xhrAuled day off the grievant shall have ten (I O t
working days wrthm return to his jog to oralh~ present his grievance. Dixtrssions will be
mtitrmai for the py~p of xttbne differences m tbe simplest and most effective manner.
All grievances proceeding to Step 11 must be reduced to writing and must contain the
following information
C
PREVAILIHG RIGHTS
~~_
,~ ,~.
/ il`
.,_ ~,
RULES AND REGULATIONS
7.1 The City shall have the right to establish, maintain
and enforce, or rescind, amend or change, reasonable
rules and regulations and standard operational
procedures.
7.2 Failure to discipline an employee for violation of
these rules, regulation and/or standard operational
procedures shall not affect the right of the City to
discipline the same or other employees for the same or
other violations.
7.3 Any employee violating a rule or regulations or
standard operational procedure may be subject to
disciplinary action, including dismissal for cause.
7.4 All bargaining unit employees, regardless of union
affiliation, are subject to all City rules an
regulations pertaining to the conduct of City employees
unless specifically exempted by provisions of the
Agreement.
7.5
~Jt i G RAC /)
W, ~ C.Y '~ f/lA/~Sf2.
ARTICLE b ~ "
NP.RY ENpLOYEES
pp08'r.TiO-
continuous
employees shall be ctN2lvei monthsP opbatlonary
6 1 All for the probatlonarY Per SOd
the first
unl nterruPted emallymenlOYees Sn a neW 1°ee Who has ... ..
fo[ emP or an employ The CItY
shall apply or demotedl•
classif lcatlon lneW emotede~ extend the probatlonarY
transferred, Prom months for cause. Except
been as the discretion t° Which Ss -_
Manager h additional six l61 a neW position
per Sod an of a Promotion to the probatlonarY
Sn the case at any time Sur SCj9 to discontinue '
bel°W, oloyer may decide
set forth ubllc em_ With the probatlonarY ment
period the P the employ
the employment relationsh io dlscon ion the grievance or
Such decision subject
employee• shall not be this collective bargaining
employment shall not be
rel atlonshlp rocedures of shall not apply
arbStration 5rorter Periods °f shall date
Agreement. provisions as to seniority
onary employees, rather senior eeY has
cumulative. emPl°y erlod. If
to proba the time of hl[e after an
back to leted h15 probatloYheYs~e day,
sf ally comp hired on Manager or
succe than one employee is tT.e Clty
mOCe shall be determined by
seniority er Sod
Fire Chief- to a probatlonarY P
Employees Who are sub Sect neW posltlon shall be
they held prior to the ement
6.2 because of a promotion t° a
to the position former pay should manag
returned Gh' emoioyee's successfully
or. at the employe' is nct f;oWever, nothing
promoti that _.,. erlod. suspending
determine tn> orobatlona-. P c~n9• vee durla9
cemFletln9 „*e g~oloyer from dl5char _emplo_
revert ilnlnc, the Pr°~'o ted should the
shall P dl =_c1F- Further. osltion for
or otherwise Derlod for cause. former P
vee be returned to h1~he probatlonarY
the Pr°batlcna-Y Sete
Promoted emplo- v comp the right to terminate
f ailing to satisf actorll_ have employee"s forme:
the EmPl°yeC shall romoted subject to the
period, Who fSlled the P not be
Shall of this Agreement•
the Sndlvldual orovlslons
posltlon. Such termination
grievance or arbltr atlon
modified or restricted by a specific provision of this
Agreement are not in any way, directly or indirectly,
subJect to the grievance or arbitration procedures, anC
the Employer has no obliaatlon to bargain over the
decision to exercise such rights, functions prerogativz
and privileges, or the effect of such Ceclsions.
5.3 Any and all aspects of wages, hour, and working
condition, which are not specifically covered by this
Agreement, may be initiated, instituted, continued or
tliscontinued without notlflcatlon of or consultation with
the Union. The Public employer is not required to
continue those voluntary aspects of wages, hours, and
working conditions not included Sn this Agreement, but
which were In effect prior to entering Snto this
Agreement or Instituted thereafter, nor shall the
employees have any binding right to such matters.
5.4 It is agreed that every incidental duty connected with
operations enumerated in Job descriptions is not always
comprehensive and employees at the discretion of the Clty
may be required to perform duties not within their
soecif lc ]ob descriptions as long as they are IN relation
to Fire Department operations and have the approval of
the Fire Chief.
5.5 Whenever it is determined that civil emergency conditions
exist, Including riots, civil disorder, 2~urricane
condition, or similar catastrophes, the provisions of
this Agreement may be suspended by the Mayor, City
Manager and or Chief of Police during the time of the
declared emergency provided that wane rates and monetary
fringe benefits shall not be suspended.
5.6 The Public Employer's faliure to exercise any function or
right hereby reserved to St, or Its exercising any
function or right in a particular way, shall not be
deemed a waiver o` this right to exercise such function
or right, nor preclude the Fubllc Emoloyer from
e-rerclsing the sane Sn some other way not conflict with
the express provisions of this Agreement.
p.P.T ICLE 5
N~*1AGE~SENT RIGHTS
the
p ree;,lcnt nt
oressly P sole
Except as ex- retalnsv hed for and~ethe Sork rof the
Public EmPioyOr tloYee aincludin9t the riyh Detat doniof
5 ~ 1 oera o_
ions, the to be
manage its unit emP of stat of service Nork
bar9? u~ g and locatio the ~ scope
service, the schedule o
the er and future
motor lied that methods of exls eRtent the Work
performed, and subcohtr to What
erf ormed by employees
to contract Whether and and
time; to do termine tlon shall be P maintain order or
Nork; Sts opera io to curtail in
re4uiced Sn this pgreemen and locations ;in t+hoie or
coveted by ~n its statlo or permanently, of public
the o[
eff SciencY temporarily in the opinion curtailment
discontinue Whenever such off, assl9n•
P lover 9pOd business iud9me2o makes iaY- the
art, hi and determine job
EmP advSSabldeemote, create neu
dlscontlnuan Pt omote, vees; to ob descriptions;
of enrol o. and the
transfer, to create and amendi g time
goal if icatlons c and quit
to require an employee o
classification Che dstartin_ given by a health
to determine to be Worked; the
of hours ental examination, selected de ote,
to
a P n overtime ees for taus
se ~ ice h o~lcaler YsC~l ass19 pschar9eremPloY I discharge
c Employ and d- ension, or the
publi Nlthout PaY' susp rev Sexed t'Y have
(inP the case oroa dd ac of SmPiemen ed); and to
the P pose Ss rl9hts and Powers
decision, before it > those to make
CStY Y.anager to ex_tcise the ri9htr eguiations
o'~ete authocit~ inc luding to such oressly
rec..- o~ only are ex-
Sncldenta'_ there` syb;ec `rase rl9hts as
uhi latera'_ cha^.92• {eement.
~ the e::erclse o~ in this rl9 all
govern_n5 ,rally or o.~id=_
and eclf_ EnploYer are ns ~.h lch
sp Fublic right
~ hts o' the a of ratters cr ~ in its
above r-5 the typo the Fublic EmolcYehe Clty~
5 2 The ive by indicate };aC
Snclus and are inherent eoartm the ErPioYec
belong t° as manager of theandraurhotlty bargaining
capacity pours, this collective
Employer, except as
_ Any of the rl9hts' P into
dzlEgated, granted
prior to entering
ate [etained by t e
i abtld9 htl'~nhprent and co and
agreer..ent ci<ica_lY privileges
exFressiY and sPe pgreer..ent•
moth`. t this functlotas of expressly
._ ocero9a Ives e,Whlch 15th? EmpioYer n
ARTICLE 4
EMFLOYMENT GUIDELINES
4.1 A. The Union, its representatives, members or any
persons acting on their behalf agree that the
following "unlawful acts" as defined Sn Chapter
441, Florida BtaT.u tes are prohibited; 1)
Solicitation of public employees during working
hours of any employee who Ss involved in the
solicitation; and 2) DSstrlbuting literature during
working hours in areas where the work of the public
employees Ss performed. This section shall not be
construed to prohibit the ~ distribution of
literature during the employee's lunch hour or in
such areas not speclf SCally devoted to the
performance of the employee's official duties.
B." The circuit courts of the state shall have
]ur15tl1ct1on to enforce the provisions of this
section by Sn]unctlon and contempt proceedings if
necessary. A public employee who Ss convicted of a
violation of any provision of this section may be
discharged or otherwise disciplined by the Public
Employer notwithstanding further provisions of this
or any other agreement.
C. No employee organlzatlon shall directly or
Sntllrectly coy any fines or penalties assessed
against SndSVlduals pursuant to the provisions of
this article.
5.2 The Public 'emplcyer antl Union agree that the basic Sntent
of this Agreement Ss to provide a far day's work in
return for a fair day's pay anC to provide condStSCns of
emoloyme r.t sultabie to r,~a Snta!n a competent wo[k force.
The Fub11c Employer and Union affirm the ]pint opoos:tlon
to any disci imf na[ory nractlces Sn connec[SOn with
employment, prcmotlon, tr aining o[ assSgnment rememberlnc
that tie public Snterest requires full utilization of
employee=_' skills and ability without regard to race,
color, creed, religion, national origin or sex.
i
/`~~~xG
ARTICLE 3 1`"O
NO STRIKE PROVISION
3.1 The Union and bargaining unit members shall have no right
to instigate, promote, sponsor, engage in, or condone any
work stoppage, boycott, slowdown strike, intentional
disruption of City operations, cr to withhold services
for any reason. Each employee who holds a position in
the Union occupies also a position of special trust and
responsibility in maintaining and bringing about
compliance with this Article, the strike prohibition of
Section 947.505, Florida Statutes, and the Constitution
of the State of Florida, Article 1, Section 6.
3. 2 The Union, its officers, agents, stewards and other
representatives agree that it is their continuing
obligation and responsibility to maintain compliance with
this Article and the law. including their responsibility
to abide by the provisions of this Article and the law by
remaining at work during any interruption which may be
initiated by others; and including their responsibility,
in the event of breach of this Article or the law by
other employees, and upon the request of the City, to
encourage and direct employees violating this Article or
the law to return to work, and to disavow the strike
publicly.
3.3 In addition to the penalties set forth in Section
947.507, Florida Statutes, any and all employees who
violate any provision of the law prohibiting strikes or
this Article may be discipline, up to and including
discharge for cause, by the City.
3.4 The circuit courts of this State shall have Jurisdiction
to enforce the provisions of this Section by ex parte
injunction and contempt proceedings, if necessary.
3. 5 For the purpose of this Article, it is agreed that the
Union shall be responsible and liable for any act
committed by any of their officers, agents and/or
representatives, which act constitutes a violation of
State law. City ordinance, or policy or the provisions
available to the City under State law, in the event of a
breach of the provisions herein, the City shall have the
right, without furtt,er notice, to suspend this Collective
Bargaining Agreement and withdraw recognition from the
Association.
ARTICLE 2
PAYROLL DEDUCTIONS AND DUES
2.1 Upon receipt of a wrltten authorizatlon from the employee
covered by this Agreement, the Public Employer will
deduct from the employee's ,pay the amount owed to the
Union by such employee for tlues. Zt Ss understootl that
this provision will provltle for deductions equal to the
number of pay periods per year. The Public Employer will
submit to the Union the deductetl sums within flf teen (15)
calendar days. Changes in the Union membership dues and
rates will be certified to the Public Employer Sn writing
over the signature of the president of the Union and
shall be done at least thirty (30) calendar days Sn
atlvance of the effective date of such change. The Public
employer's remittance will be deemed correct if the Union
does not give wrltten notl ce to the Public Employers
within two (2) calendar days after remittance is received
of Sts belief antl reasons stated therefor that
the remittance is incorrect.
2.2 The Union will Sndemnify, defend and hold the Public
Employer harmless against any claim made, and against any
suit instituted, against the Public Bmployer as the
result of any check-off of Union dues.
2.3 An employee may revoke his authorizatlon for deduction of
dues provided the' employee glues thirty (30) calendar
days wrltten notice to the Public Employer and the Union.
upon receipt of such notification, the Public Employer
shall terminate dues on the pay date immediately
following the expiration of the thirty (30) calendac days
notice period.
2.4 No deduction shall be made from the pay of an employer
for any payroll ~perlod Sn which the employee's net
earnings for that payroll period are less that the amount
of dues to be checked off. Net earnings shall mean net
after required deductions of federal taxes, social
security, pensions, credit union, and health end life
insurance.
i~
..J
ARTICLE 1
RECOGNITION
1.1 Pursuant to and In accordance with all applicable
provisions of Part II of Chapter 447, Florida Statutes,
the Public Employer recognizes the IAFF as the exclusive
collective bargalning representative for those employees
in the unit certlf led by PERC (Certification NO. 917) in
the Atlantic Beach FSre Department foc the purpose of
bargalning collectively in the determination of the
wages, hours and terms and conditions of employment of
those public employees within the following bargalning
unit:
Included: All regular full-time fire fighters and
engineers employed by the Clty of Atlantic
Beach.
Excluded: Fire Chief, fire lieutenants, and all other
employees of the City of Atlantic Beach.
Zt is further understood and agreed that the president or
the alternate of the IAFF will be the official spokesman
for the Union in any matter between the Union and the
Public Employer,. only however on the matters which the
Union has authority regarding its membership. The
President shall designate in writing the name of the
alternate.
1.3 Any alternate shall be designated by the Union Sn
writing. The period of time covered by such de515nat1on
shall be included in the written designation. A written.
list of the accredited officers and represents [Sues of
the Union shall be furnished to the Public employer
Smmediately after their appointment and the Fublic
employer shall be notified of any chan5es of said
representatives within ten (10) days.
i
~,
~;
AGREEMENT
THIS AGREEMENT is entered Into this of
1995, between the City of Atlantic Beach, hereinafter referred to
as the Public Employer, or City, and the International Association
of Fire fighters, Local 2622, hereinafter referred to as the Union
or Association. It is understood that the Flre department of the
andy general nwe11B being stone he dpubllcrnand iboths parties thereto
recognize the need of continuous and reliable service to the
public. It is the Intent and purpose of this Agreement to set
forth herein basic and full agreement between the parties
concerning rates of pay, hours and terms and conditions of
employment, and to provide for equitable and peaceful adiustment of
arrangement contrary to he terms herein provided, no individual
whenevee a male pronour, is used in this Agreement it shall be
construed to include reference to both sexes.
L
FZRE FIGHTERS OF JACKSONVILLE BEACH
716 Na7nolia St. Neptune Heath, Fla. 32266 Ph. (906) 2~6-]52]
Richard H. Brown
Business Agent
L11FF, Local 2622
Jim Jarboe
Asst. City Manager HAND DELIVERED
800 Seminole Rd.
Atlantic F3each, FI. 32233 November 21, 1995
Dear Mr. Jsrboe:
A ratificazion vote was taken on this date for the newly negotiated 1995-98 Agreement
between the City of Atlantic Beach and the International Association of Fire Fighters, local 2622.
The wntract was ratified by a majority vote of the membership.
1 would like to extend my personal thanks to you for the professional manner in which the
negotiations were cunduc[ed. It has been my pleasure to sit at the negotiating table with you and I
hope that we will have occasion to work together in the future.
Sincerely,
Richard H. Brown
cc. bb
file
CITY OF
~tla.~ b"tae~i - ~(et~da
am SEM/WLE a(AAD
- -- -_-' - -- ATlw.1TlC aF..1C71, FTpamt SAU-SSJS
TFI.FPtp\E ItYtl ili$Fap
-~~ ~_ FA%I9W12(rdBDS
To- Maypr and City Commission
From c~~F. ire Contras Negotiater
Re: FI(e Labor Contras
Please find attached the negotiated Fire Contras for Fy 95/96 through Fy 97/98. The contras is
being submited you for your action [f you have any additional questions wnceming this issue,
Please comas me.
(h) indemnify and hold the City harmless Prom any and
all claims, damages, causes of action, and the like, including any
costs or attorneys fees incurred by t:~e City.
(i) Allow no discrimination based on race, sex, age,
religion, national origin, disability or otherwise.
4. BPBCIAL COHDITIOHB:
(a) Renter shall provide City a certificate of insurance
specifying the exact coverage and naming the City as an additional
insured.
(b) Renter shall be responsible for all of its own
utilities, telephone service and furnishings, and shall maintain
the Pacility in a neat and clean condition.
5. Renter acknowledges that its use of the Facility as set
forth herein is not exclusive and that said Facility is available
for use by other persons, groups and organizations.
6. Thie agreement sets forth the entire agreement and
understanding between the parties and there are no other agreements
or understandings except as set forth herein.
IH HITH888 HHHR80P, the parties have hereunto set their hands
and official seals at Atlantic Beach, Duval County, Florida, on the
date first above written.
CITY OP ATLANTIC BEACH Y.M.C.A. OF PLORIDA~S FIRST
COAST
BY_ By_
City Manager
Its
"CITY" "RENTER"
APPROVED AS TO FORM AND CORRECTNESS:
Alan C. Jensen, Esq.
City Attorney
..... _a. ._.,_.~_.,. .,.
CITY OP ATLANTIC BEACH
RERTAL CONTRACT POR POBLIC FACI r*I88
AGREEMENT made and entered into this day of
1995, by and between the CZTY OF ATLAHTZC BEACH, FLORIDA, a
municipal corporation (hereinafter "City^), and Y.M.C.A. OP
FLOAIDA~e PIABT COABT, of Jacksonville, Florida (hereinafter
"Renter").
IIHSREAB, Renter desires to use the Atlantic Beach public
facility known as the Jack Russell Park Modular Building (herein-
after "Facility") for a period of twelve (12) months, and it is
therefore
AGREED as follows:
1. TERM: City agrees to rent to Renter the Facility from
to
2. BERT/FEE: Renter, in exchange for the use of the
Facility, shall pay to City a fee of per month. No fee
shall be charged if the Facility is to be used for a non-profit
use, unless this agreement is for a long contract and, in that
event, any fee shall be negotiated with the City's city manager.
3. TERMB ARD COt(DITIOMB: Renter shall comply and agrees to
be bound by the following terms and conditions:
(a) Payment to City of a $50.00 refundable security-
cleaning deposit, which sum shall be paid prior to use of the
Facility.
(b) There shall be no use of alcoholic beverages of any
kind on City property, including public facilities.
(c) No fees or admission costs shall be charged to the
public unless approved in writing by the City's city manager.
(d) In the event the city manager approves the charging
of fees or admission costs to the public, as allowed in subpara-
graph (c) above, then Renter shall furnish the City with a current
financial statement prior to its use of the Facility.
(e) Insure compliance with all city, state and federal
laws.
(f) Provide insurance as specified and required by the
City's ci t;' manager.
(g) Comply with all special conditions as set forth
below.
CITY OF ATLANTIC BEACfi
C17Y COMMISSION MFPDNG
STAFF REPORT
AGENDA: Authorize execution of contract between Che City and the YMCA
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE November 21, 1995
BACKGROUND: In recent years, [he City of Atlantic Beath has given [he
YRCA authorization to use a city facility, located in
Russell Park, on a contractual basis (one year).
RECOMMENDATION: The Recreation Advisory Board rev Sewed the contract
and unanimously recommend the Commission offer the
YMCA a new contract.
Staff recommends [he same.
ATTACIIMENTS: 1. Contract
2. Recreation Advisory Board minutes (see AB ET's attachments)
R F:VIIiWF:U 6Y CITY MANAGER: /~ ~~~ r~
AGEN UA ITEAf NO.~~
(h) Indemnify and hold the City harmless from any and
all claims, damages, causes of action, and the like, including any
costs or attorney's fees incurred by the City.
(i) Allow no discrimination based on race, sex, age,
religion, national origin, disability or otherwise.
4. SPECIAL CONDITZOMB:
(a) Renter shall provide City a certificate of insurance
specifying the exact coverage and naming the City as an additional
insured.
(b) Renter shall make no alterations to the Facility
without the express written consent of the City's city manager and
any costs related thereto shall be borne solely by Renter.
(c) Renter shall be responsible for its own furnishings
and shall maintain the Facility in a neat and clean condition.
5. Renter acknowledges that its use of the Facility as set
forth herein is not exclusive and that said Facility is available
for use by other persons, groups and organizations.
6. This agreement sets forth the entire agreement and
understanding between the parties and there are no other agreements
or understandings except as set forth herein.
IN ^ZTlTE88 RHEREOP, the parties have hereunto set their hands
and official seals at Atlantic Beach, Duval County, Florida, on the
date first above written.
CITY OF ATLANTIC BEACH
By
City Manager
HABITAT FOR HUMANITY OF THE
JACKSONVILLE BEACHES, INC.
Its
"CITY"
APPROVED AS TO FORM AND CORRECTNESS:
"RENTER"
Alan C. Jensen, Esq.
City Attorney
CZTY OF ATLANTIC BEACB
RERTAL CONTRACT POR FOBLIC FACZLITI88
AGREEMENT made and entered into this day of
1995, by and between the CITY OF ATLANTIC BEACB, FLORIDA, a
municipal corparation (hereinafter "City"), and HABITAT FOR
HIIMANITY OY T88 JACEBON7ILL8 BBACH88, IMC., a Florida corporation
(hereinafter "Renter").
MHEREAB, Renter 3esires to use the Atlantic Beach public
facility, office nos. 5 and 7, known as the Adele Grage Community
Center (hereinafter "Facility") for a period of twelve (12) months,
and it is therefore
AGREED as follows:
1. TERM: City agrees to rent to Renter the Facility from
to
2. RENT/FEE: Renter, in exchange for the use of the
Facility, shall pay to City a fee of per month. No fee
shall be charged if the Facility is to be used for a non-profit
use, unless this agreement is for a long contract and, in that
event, any fee shall be negotiated with the City~s city manager.
3. TERNS AND CONDITIONS: Renter shall comply and agrees to
be bound by the following terms and conditions:
(a) Payment to City of a $50.00 refundable security-
cleaning deposit, which sum shall be paid prior to use of the
Facility.
(b) There shall 6e no use of alcoholic beverages of any
kind on City property, including public facilities.
(c) No fees or admission costs shall be charged to the
public unless approved in writing by the City's city manager.
(d) In the event the city manager approves the charging
of fees or admission costs to the public, as allowed in subpara-
graph (c) above, then Renter shall furnish the City with a current
financial statement prior to its use of the Facility.
(e) Znsure compliance with all city, state and federal
laws.
(f) Provide insurance as specified and required by the
city's city ma nager.
(g) Comply with all special conditions as set forth
below.
CITY OF ATLANTIC BEACH
CfIY COMMISSION MEETING
STAFF REPORT
AGENDA: Authorize execution of contract be[veen the City and Habitat
for Humanity of the Jat ksonville Beaches, Int.
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE Rovember 21, 1995
BACKGROUND: In recent years, [he Cf Cy of Atlantic Beach has given
Beaches Habitat authorization to use a office in [he
Adele Grage Community Center on a contractual basis
(one year).
RECOMMENDATION: The Recreation Advisory Board revfeved Che contract
and unanimously recommend [he Commission offer Beaches
Habitat a nev cen[ract.
Staff recommends the same.
ATTACII.MENTS: J, Contract
2. Recreation Advisory Board minutes (see ABET
's attachments)
REVI F,WED BY CITY MANAGER: TI' V / /
AGENDA ITEM NO. ~.1/-~-_
(i) Allow no discrimination based on race, sex, age,
religion, national origin, disability or otherwise.
4. 4PECIlJ, CONDITIOMS•
(a) Renter shall provide City a certificate of insurance
specifying the exact coverage and naming the City as an additional
insured.
(b) Renter shall make no alterations to the Facility
without the express written consent of the City~s city manager and
any costs related thereto shall be borne solely by Renter.
(c) Renter shall be responsible for its owr. furnishings
and shall maintain the Facility in a neat and clean condition.
(d) Renter shall submit to City schedules for practice
sessions, schedules for play, and true and correct rosters of
children playing (including names, addresses and telephone numbers)
prior to each season.
5. Renter acknowledges that its use of the Facility as set
forth herein is not exclusive and that said Facility is available
for use by other persons, groups and organizations.
6. This agreement sets forth the entire agreement and
understanding between the parties and there are no other agreements
or understandings except as set forth herein.
IN AITBE88 I/EEREOF, the parties have hereunto set their hands
and official seals at Atlantic Beach, Duval county, Florida, on the
date first above written.
CITY OF ATLANTIC BEACH
ATLANTIC BEACH ATHLETIC
ASSOCIATION
By
City Manager
"CITY"
APPROVED AS TO FORM AND CORRECTNESS:
By
Its
"RENTER"
Alan C. Jensen, Esg.
City Attorney
CITY OF ATLANTIC ELACH
RENTAL CONTRACT POR POB~~I- p~nT~ZT288
AGREEMENT made and entered into this day of
1995, by and between the CITY OP ATLANTIC BLACH, pLORIDB, a mural'
eipal corporation (hereinafter "City"), and ATLANTIC BLACH ATHLETIC
AHSOCIATION, Of Atlantic Beach, Florldd (hereinafter "Renter").
WEEREAB, Renter desires to use the Atlantic Beach public
facility known as the Jack Russell Park ball diamonds and
concession stand (hereinafter "Facility^) for a period of twelve
(12) months, and it is therefore
AGREE6 as follows:
1• TERM: City agrees to rent to Renter the Facility from
to
2• 8ENT1PEE: Renter, in exchange for the use of the
Facility, shall pay tv City a fee of per month. No fee
shall be charged if the Facility is to be used for a non-profit
use, unless this agreement is for a long contract and, in that
event, any fee shall be negotiated with the City's city manager.
3• TERMB AND CODfDiTIOlis: Renter shall comply and agrees to
be bound by tha following terms and conditions:
(a) Payment to City of a $50.00 refundable security-
cleaning deposit, which sum shall be paid prior to use c! the
Facility.
(b) There shall be no use of alcoholic beverages of any
kind on City property, including public facilities.
(c) No fees or admission costs shall be charged to the
public unless approved in writing by the City's city manager.
(d) In the event the city manager approves the charging
of fees or admission costs to the public, as allowed in subpara-
graph (c) above, then Renter shall furnish the City with a current
financial statement prior to its use of the Facility.
(e) Insure compliance with all city, state and federal
laws.
(f) Provide insurance as specified and required by the
City's city manager.
(g) Comply with all special conditions as set forth
below.
(h) Indemnify and hold the City Harmless from any antl
all cla ms, damages, causes of action, and the like, including any
costs or attorney's fees incurred by the City.
CITY OF ATLANTIC BEACH
CRY COMMISSION MEETING
STAFF REPORT
AGENDA: Authorize execution of contract between the Ci[y and Atlantic
Beach A[hle[ic Association (ABM)
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE November 21, 1995
BACKGROUND: In recent years, the CS [y of Atlantic Beach has given
ABAA au[horizat ion to use Russell Park ball diamonds
and core =ssion stand on a contractual basis (one year).
RECOMMENDATION: The Recreation Advisory Board reviewed the contract
and unanimously recommend the Commission offer ABAA
a new contract, with the condition Cha[ Staff monitor
and make sure contract holder abide by [he terms and
obligations of [he contract.
Staff recommends [he same.
ATTACHMENTS:
I. Contratt
2. ftec rea[ion Advisory Board minu[es (see ABET's attar hments)
~l -1-- _ 7 ~ "a~
REVIEWED BY CITY MANAGER: ./~ `7L//MJ~R/~~ ~y ye^_'=J/
AGENDA ITEM NO._ ~P-J -y
lLzrc was addition Jiuussion alwut whelhzr tltzro would lx' enough parkine at Domt_~r. Timmy
>;rid uu. hul Ihz ahamatice +t uuW I>< to impinoz un P.reeu spaca or tzar out the sidzwalk.
lLaro o'as diwussiou alx>w thz Itvtdicappzd hzach access. Thare was gznzral aerezmern that an
appnq+riatz place +t oulJ Ix near the Sea Turtle "town Center, near tltz life guard station. Storage
liu Ihz Ixach whaelchairs cord) Ix addtd on to tha new lili; guar) station. Patricia ntanliunzd
haeiug a coded hx-k for access. Hd suggestzd askine k3arn' Adeb. otatzr of the Sea "furllo. to
prucidz ~eceral spaces Ibr handicapped parkine for handiwpp:d residents.
Patricia nutad that littkaea of the parks still nzzds to he addressed. lira group discussed
dzczloping a thznte. unil~tnn colors for park eyuipn:etn. N'z discussed holding a competition to
Jzsign a ne+c bgu for signs to identilp the parks.
Cha matting •.cas adjuumcd
Cilc of :111rntic Beach
i'ark rind Recrealimt :ldrison' Bu:uxl \leeline
\~ocemhcr 15, IYYi
the reeular nutliue aas held R'zduzsdac. Yoczndxr I5. 1995. al .4dzlz Oragt Cmunumitp
Catttc I'restnC Tinuuv Johnson. Park and Rzcreatiou Uirtcktr, board uttmbzrs Patricia Guzlt.
Barbara Hopson. lane ~fatmzr. I~:da:xd N"alzrs.
'(ht ntzetine \\as called N order at 7:?0 pnt. Thz minutes o(Iltt Oct. 1 S marine \vzrz approvzd
as \\rilien. lane ~(annu \\ns seertlan' ibr this ntzetine.
'(hz tirsl aeznda itan \vas discussion of outsida contracts. 'I'inmtc said he Oroueld thz contracts in
enteral \\zrz ukav. bm Ih:d under Ihz nz\\ contract :181. f shuulJ providz its o\vn rzlephonz and
Ix: reyuircd U. leap Ihz building clams. Patricia discussed Ihz issue of A861~ crzzpittg into
uldifional recreation cenlzr space. Punher Jiscussiun urok plaez about the S'\ICA baiter at
Russell Park and the pussihilit\ u(mucinc ii to lurdmt Park. both to relzax; oprtt space al Russell
rind to atiracl more inlerosi in Jordan ParA. Barbara poinizd our that this stems possible since Otz
cil\' owns the bailer. Overall. the Iward mtmlxrs said ihzv'd filet Ihz tssuz revs\vtd.
Jane made a muliun. flee parks and recreation adviu\n bard approves Iht 1'\ICA cottlracl,
sialine it can ht in our parks hW request a rzcit\c u(irs placentznl. Ed seconded Otz motion.
17 \cas appn,ved uu:mimuusl\.
Patricia Ix\inted uul Ihat the .111dtlic .-\sa,ciatiuu neap hacz breachzd its contract b~' dome
zlectrical \vork un a ratty concession stand. 'I~immp momiuntd that Ihz .L4 has complainzd alwut
ntzssc halhnwms. but Iheir contract states Ihat Ilttc arc respousibh for clzmting Otzm. Barbara
clarified that the :\:\ A,rtsi t mind cleaning Ihan afltr gamts. but duestit like to find rltetu mess
Ix;li,re eantes. Timmy mentioned Iha) he has had to clemt than hintszl(. The AA said it is paying
someone SG'N) In clean Iha rcstr,xnns. "I~inunv wceesizd the :\.4 might wnsider contractive \vittt
Ihz city li,r that sera ice.
Barbara sueetslal Thal cunbacl hu!du~s be hzld mart closzk lu Ott Itnus and obligaliuns u(Ott
contracts. I~inunv can rcvtiud Ihun ul uhbcaGuns.
'Ihtrc \\ac discussion alxx» ahethzr groups outside of Ilabitat \vert ablz to uu thzir o0iczs (or
ntaetines. ~I~inunc maid some croups can. depzndine un Iha siiz. If (hzn: aro chiklrztr, it is Ixst not
o, use Iha ullicez Ixcauw u(congnner nluipntenl.
Ifd made a motion that \\c apprnve ail Ihz contracts \cirh the rcsen~ations mtd stipulations for
:\ItP.~I~. liarb:rta seconded d. 11 t\as appro\ad.
lLa sacond acznda item oas Ou S?2U.00U allwattd Ic Ote parks in the budget. Jatx presettitJ a
list fix Ihnuxr Park Tinuuc annneritzd his budge) rcconnnaulatiuns fix each park (I'inuu~'s
budc:I In upusal is all:mhatl I,.~ Ott utinuttsl
Barbara mach a nwtiou Ih:d thz park's ad\isor: IxrmJ approve the park director's
rccununanlatiuns. 1';nricia scu nulad ii II t\as unanimnusly approval.
(h) Indemnify and hold the City harmless from any and
all claims, damages, causes of action, and the like, including any
costs or attorney's fees incurred by the City.
(i) Allow no discrimination based on race, sex, age,
religion, national origin, disability or otherwise.
4. SPECIAL COMDZTIONB:
(a) City shall provide the Facility in good condition
and shall maintain and make any necessary repairs as may be needed
thereto.
(b) Renter shall make no changes, modifications or
replacements to the Facility without the express written consent of
the City's city manager or his authorized designee.
(c) Renter shall be responsible for its own telephone
service and furnishings, and shall maintain the Facility in a neat
and clean condition.
(d) The monthly fee set forth in paragraph 2 above shall
be used towards the provision of insurance by City as delineated in
paragraph 3(f) above.
(e) Renter acknowledges that it operates under the
auspices of City and that City retains management rights.
5. Renter acknowledges that its use of the Facility as set
forth herein is not exclusive and that said Facility is available
for use by other persons, groups and organizations.
6. This agreement sets forth the entire agreement and
understanding between the parties and there are no other agreements
or understandings except as set forth herein.
T_N AITNE88 pEEREOP, the parties have hereunto set their hands
and official seals at Atlantic Beach, Duval County, Florida, on the
date first above written.
CITY OF ATLANTIC BEACN ATLANTIC BEACH EXPERIMENTAL
THEATRE, INC.
gy_ BY
City Manager
"CITY"
APPROVED AS TO FORM AND CORRECTNESS:
Its
"RENTER"
Alan C. Jensen, Esq.
city Attorney
CITY OF ATLARTIC BEACB
RENTAL CONTRACT FOR PDBLIC FACILITZEB
AGREEMENT made and entered into this day of
1995, by and between the CITY OF ATLANTIC BEACB, FLORIDA, a
municipal corporation (hereinafter "City"), and ATLANTIC HEACH
EYPERIMENTAL THEATRE, INC., a Florida not-for-profit corporation
(hereinafter "Renter").
11HEREAB, Renter desires to use the Atlantic 9eaCh public
facility, front lobby area and two adjacent offices (former city
manager and secretary office and former parks and recreation
director's office), known as the Adele Grage Community Center
(hereinafter "Facility") for a period of twelve (12) months, and it
is therefore
AGREED as follows:
1. TERM: city agrees to rent to Renter the Facility from
to
2. RENT/PEE: Renter, in exchange for the use of the
Facility, shall pay to City a fee of $100.00 per month. No fee
shall be charged if the Facility is to be used for a non-profit
use, unless this agreement is for a long contract and, in that
event, any fee shall be negotiated with the City's city manager.
3. TSRMB ARD CONDITZONe: Renter shall comply and agrees to
be bound by the following terms and conditions:
(a) Payment to City of a $50.00 refundable security-
cleaning deposit, which sum shall be paid prior to use of the
Facility.
(b) There shall be no use of alcoholic beverages of any
kind on City property, including public facilities, unless specif-
ically approved as provided by the Atlantic Beach Municipal Code.
(c) No fees or admission costs shall be charged to the
public unless approved in writing by the City's city manager.
(d) In the event the city manager approves the charging
of fees or admission costs to the public, as alloyed in subpara-
graph (c) above, then Renter shall furnish the City with a current
financial statement prior to its use of the Facility.
(e) Insure compliance with all city, state and federal
laws.
(f) Provide insurance as specified and required by the
city's city manager.
(g) Comply with all special conditions as set forth
below.
CI"IY UI'ATLANTIC BIiACl1
CIIY COMMISSION MLLTINC
S"CAPE RIiI'ORl'
AGGN UA: Authorize execution of contract between [he City and ABET
SUBMI'I'1'IIU BY: Timmy Johnson. Recreation Director
UA'1'I!: November 21, 1995
DACKCItUUND: In recent years, the City of ALlan[ic Beach has given
ABET authorization [o use Adele Crage Community Center
auditorium and [vo offices on a contractual basis (one
year).
Rf:CUA1h11!NILITIUN: The Recreation Advisory Board reviewed [he contract
and unanimously recommend the Commission offer ABET
a new contract, with the cond i[ion Cha[ Staff monitor
and make sure contract holder abide by the terms
and ohliga[ions of the contract.
Staff recommends [he same.
A-PfA('II MIiNTS:
1. tout tact
2. Recreation Advisory Board minutes
ItEVlP:15'IiU DY C'I'I'Y AIA N:SI aiR:_~I~ayt/taw ~~
:51 :IfN UA I'1 LAt NU. ~
LANDSCAPE
PROPERTY
LINE
PROPERTY
LME
5' MIN.
4AJaMUY WIDTH N1TNgJ7.
LAIdpSCAPE IAAND - 36'
MA%I4UM tiIDTH W17H
LANp$CAPE IAAND - f8
PUBLIC STREET
IN TF_RIOR LANDSCAPING
IGZ df V U A (5S CF NON-PUBLIC AREAS) - 2$Z SHRUBS
t TREE EvERr a,G00 $WARE FEET D< v U A
EACH ROW OF PARI(INC SPACES TERIAINAIED BY LANGSCAPEO IAAND WITH TREE.
~'EP.IME TER LANDSCAPING
ID SQUARE FEET fOR EVERT LINEAR FOOT OF y U A $TREEi FROM igyE (MINIMUM YAD?H-5 FEET
f EET WIpE UNDSCAPEG APEA BEi W<EN V U A ANp ABUiiMC PROPEHIY )
1 DtEF FOR E`/FRY 5p FEEi (SPACE NO MpRF THAN ]S FEET AVAR i)
CW i~'a)W$ HEDGE PEC!!E $iFEEi fnpN iA~
DESIGN STANDARDS
S. In[erstetioe visibility, Where ao atcessway io[ersects with aeotber accesaway within a
vehicular ux area, where au aeeefsway is looted withie a vehicular ux area, or where ae
acccuway ietetfeets with a ftreet rightof--way, trots visibility wi[hiu the triangular areas
dex: ibed bNow shall be ueobs[rveled at a level between Mo (2) aed eight (S) feet, above
Nevatioo ofadjaceot pavemrnt.
SECTION 2. Severability. If any section, sentence, claux, word, or phrase of this
Orduiance is held to be invalid or unconstitutional by a court of competrnt jurisdiction, thrn said
holding shall in no way affect the validity of the remaining portions of this Ordinance.
SECTION 3. This Ordinance shall become effective immediately upon final passage.
PASSED BY THE CITY COMMISSION ON FBtST READING.
PASSED BY THE CITY COMMISSION ON SECOND READNG:
Lyman Fletcher, Mayor
Attest.
Maurcen King, City Clerk
Approved as to Forth and Correctness.
Alan C. Jensen, Esquire
Gty Anomey
tree. Palms shall be a minimum clear trunk height of eight (g) feet,
measured from the ground level to the base of the palm.
(4) Criteria for shrubs, vines and ground covers: Hedges and shrubs used
to form an opaque screen shall be no less than three (3) ga0on
container grown material or equivalent balled and burlap material.
(5) Lawns: lawn grass may be sodded, plugged, sprigged or seeded,
ezcept that solid sod sha0 be used on grass areas within street rights-
of-way disturbed by construction, in swales, on slopes of four to one
(4:1) or greater, and on other areas subject to erosion. When
permanent seed is sown during its dormant season, an annual winter
grass shall also be sown for immediate effect and protection until
permanent coverage is achia'ed.
(6) Mulch: A minimum two (2) inch layer of organic mulch, such as
wood bark, dead leaves and pine straw, shall be applied and
maintained in all tree, shrub, ground cover planting areas and bare
preserved natural areas.
17) General clean up: At the completion o(work, construction trash and
debris shall be removed and disturbed areas shall befloe-graded and
landscaped with shrubs, groundcoveq grass or two (2) inches of
mulch.
7. Maintenance and protection of landscaping.
(a) Maintenance. The property owner shall be responsible for the maintenance
of all landscaped areas, which shall be maintained in good ronditan so as to
present a healthy, nest and orderly appearance, free of refuse, debris and
weeds. F'ailurc to mairtain required landscaped areas or to replace, within a
reasonable period of time, required landuaping which is dead, irreparably
damaged, or fails to meed the standards of this part, shall be deemed a
violation of the Zoning Code.
(b) Irrigation. To maintain the landstaping in a healthy condition, all
landscaped areas shall be provided with an automatic irrigation system.
(c) Tree pruning. Required trees shall be allowed to develop into their natural
habit of growth. Trees may be pruned to maintain health and vigor by
removal of dead, weak, damaged or crowded limbs, dixased and inxct
infested limbs, and branches which rub other branches.
on the site and the common prupertv line, then it may be used to satisfy the visual screen
requirements.
(4) Prevailing requirement. Whenever parcels of Isnd fall subject to both
the perimeter landscaping requirements and the uncomplimentary
land use buffer strip requirements of the article, the latter
requirements shall prevail.
(5) Hardship. If the Director determines That the construction of a
landscape buRer area required by this article would create a hardship
for the esisting structures or vehicular ux cress, the Director may
approve a buffer area with a width no leas than five (5) feel, provided
such buRer area meets the visual xretning requirements of this
article.
(c) The Buffer strip shall not be used for principle or accessory uses and
structures, vehicular ux areas, dumpsler pads, signs, equipment. storage.
Slopes within buRer strips shall not exceed four to one (4:1).
6. landscape design standards
la) Minimum tree requirements shall comply with Section 23-18(3).
(b) A minimum of fifty (50) percent of all required trees shall be shade trees.
(c) Trees required for vehicular use area landxaping may be used to fulfill the
tree requirements of this section.
(d) Standards for landscape materials.
(1) Plants and trees shall meet the criteria of Chapter 23, section 23.18, 5,
(b), I l l•
(2) Filly percent of the trees can be non-shade trees or Irces with a
mature canopy of fifteen (IS) feet. a minimum of hvo (2) inch caliper
and a minimum of ten (10) feet overa8 height. Trees shall not bt
planted cloxr than two (2) feet from any pavement edge or right-of-
way line, as measured from tenter of trunk Shade trees shall not be
planted tloxr than four (4) feel from any pavement edge or rightrof-
wav line, as measured from centcr of crank
(3) Palms may be substituted for the required trees at [he ratio of two (2)
palms for each required tree or four (4) palms for each required shade
(a) N'here uncomplimentary land uses or zoning districts are adjacent, without
an intervening street, a bufer strip shall be require) between the uses or
zoning districts. Said buRer ;trip sha0 be at leas: ten (10) feet in width the
entire length of all such common boundaries. The following_ shall constitute
uncomplimentary uses and zoning districts.
(I) :Nulliple-family dwNling use or zoning districts three (3) or more
attached units when adjacent to single-family dwelling(s) or lands
zoned for single-family dwNling.
(2) Office use or zoning disMcls, when adjacent to single-family or
multiple-family dwellings, mobile home parks or subdivisions or lands
zoned for single-family or multiple-fam8y dwNlings, mobile home
parks or subdivisions.
(3) Jlobile home park use or zoning districts, when adjacent to singlt-
family dwNlings, multiplo-family dwellings and office uses, or lands
zoned for single-family dwNlings, multiplo-family dwNlings or omces.
(4) Commercial and institutional uses or zoning districts, when adjacent
to single-family dwNlings, multiple-famiy dwNlings or mob8e home
parks or mobile home subdivision uses or lands zoned for singlo-
family dwNlings, multiple-family dwellings or mobile home parks or
mobile home subdivision.
(5) Industrial uses or zoning districts, when adjacent to any nonindustrial
uses or zoning districts other than agricultural land uses or zoning
districts.
(b) Buller material requirements shall be as follows:
(I) Trees. The total tree count required within the bufer strip shall be
one (1) tree for each twenty-five (25) linear feel of required buffer
strip, or majority portion thereof.
(2) Ground cover. Grass or other ground cover shall be planted on a6
areas of the bufer strip.
(3) Visual Screen. A visual screen running the entire length of common
bacndarits shall be installed within the bufer strip, ercepl at
permitted access ways. The visual screen may be a wood or masonry
wall, landxapiog, earth mounds or combination thereof. Earth
mounds shall not exceed a slope of 3 to 1 (3:1). If a visual screen,
which satisfies all applicable standards, exists on adjacrnt property
abutting the property line or esisls between the proposed devdopmeot
property, to the eztent such areas are not screened, shall contain the
following:
O) A continuous landscape area at least five (5) feet wide between the
VUA's and the abutting property, landstaped with shrubs,
groundcovers, preserved existing vegetation, mulch and grass;
(2) No less than one (q tree, located within twenty five (25} feet of the
outside edge of the V UA, for every fifty (50) linear feet, or fraction
thereof, of the distance the V UA abuts [ht adjacent property. Trees
may be clustered but shall be no more than seventy-five (75) feet
apart.
(31 A buffer wall beMeen incompatible land uses as required by Section
241g7, (7), if applicable.
(4) If an alley separates the V UA from the abutting property, the
perimeter landscaping requirements shall still apply.
(c) Ezisting landscape screen: If an ezisting laudxape screen bas been
established on abutting property, then it may be used to satisfy the
rcquircmeuts of this section, so long as the tasting yudaupe acreeu is
abutting the common property line, and it meets all applicabk standards of
[his section.
(d) Driveways to streets: The mazimum width of soy driveway not containing a
landscaped island through the perimeter landscape and shall be thirty-siz
(36) fret. Tke masimum width of any driveway ccntaiaing a landscaped
island through the perimeter landscape and shall be fotYytight (48) feet and
the driveway shall contain a landscaped island which measures not las than
eight (g) feet in widt4 (from back of curb to back of curb), surrounded by a
si: (6) inch continuous raised curb, or other alternative approved by the
Director. In no event shall more than 50 percent of auy street frontage be
paved, nor shall the provisions of Ihia section be applied to reduce the
permitted driveway width to less than twenty-four (24) feet.
(e) Driveways to adjoining lots: Driveways may be permitted by the Director to
adjoining lots of compatible use.
(Q If a joint driveway easement is provided between adjacdt property, then the
required perimeter landscaping for each property shall be provided beMeen
the drive and any other vehicular use areas.
S. Buller standards relating to uncomplimentaq~ land uses and zones.
a. Perimeter Landscaping Requirements.
(a) Street Frontage Landscaping: All VUA's which are not entirely screened by
an intervening building from any abutting dedicated public street or
approved private street, to the eztent such areas are not so screened, shall
contain [he following:
(1) A landscape areas of not less than ten (10) square feet for each linear
foot of VUA street frontage, 50 percent of which shall beat least a five
(5) foot wide strip abutting the street rightof--way eztept for
driveways. The remaining required landxape area shall be located
within twenty-five (25) feet of the street right-of--way;
(2) A durable opaque landscape xreen abng at less[ 75 percent of the
street frontage excluding driveways. Shrubs, wa0s, fences, earth
mounds and preserved ezisting undentory vegetation, or combination
thereof, may be used so long as the xreen h no less than three (3) feet
high measured from the property line grade. Walls or fences shall be
no more than four (4) feet in height and of wood or masonry at least
85 percent opaque. Earth mounds shall not ezeeed a slope of three to
one (3:1). No less than 25 percent of street side frontage of walls or
fences shall be landxaped with shrubs or vines.
(3) No less than one (1) tree, located within twenty-five (25) feet of the
street right-of--way, for each fifty (50) linear feet, or fraction thereof,
of VUA street fronuge. The trees may be dmtered, but shall be no
more than seventy-five (75) feet apart. If ao overhead power line
abuts the street frontage, then the required trees reaching a mature
height greater than Menty-five (25) feet aha0 be located al least
(if~eto (IS) away from [he power line.
(4) The remainder of the landxape area shall he landxaped with trees,
shrubs, groundcovers, grass, or mulch.
(5) Landscape areas required by this section shall not be used to satisfy
the interior laadxape requirements. However, the gross area of the
perimeter landxaping wbich ezceeds the minimum requirements may
be used to satisfy the interior landxap: requirements.
(fi) If a utility right-of--way separates the VUA from the public street or
approved private street, the perimeter landxaping rcgaircments of
this section shall still apply.
(h) Perimeter landscaping adjacent to property lines: All vehicular areas which
are not entirely screened by an intervening building from an abutting
areas, and such other in(onnation as the Director may require; and
(7) indicate all overhead and underground utilities located on the property and
in the right-of--way adjacent to the property to which the landscape plan
applies. This shall include overhead and underground electric service lines
to all proposed buildings.
3. Vehicular use area interior landscaping requirements.
(a) Vehicular use areas open to the public; 10 percent of vehicular use areas
(VUA's) used tor: Otf-street parking, employee parking, auto service stations,
service drives, and access drives within property located in commercial and
industrial use zoning districts shall be landscaped.
(b) Specialized vehicular use areas closed to the public; 5 percrnt of VUA's used
for: storage areas for new used or rental vehicles and boats; moor vehicle
xrvice facilities; motor freight terminals; and other transportation,
warehousing and truck operations not geoersny open to the public Shan be
landscaped.
(c) Criteria for distribution: landscape areas Shan be distributed throughout
the VUA in such a manner as to provide visual relief from broad espanses of
pavement and at strategic points to channelat and dent vehicular and
pedestrian circulation. Landscape areas Shan contain the folbwing:
(q At least 25 percent of the landscape areas shall be covered with
shrubs; the remainder in shrubs, groundcover, mukh or grass.
Shrubs shall be spaced on three (3) foot spacing.
(2) Not less than one (1) tree for every tour thousand (4,000) square tech
or traction thereof, of the V CA.
(d) Each row of parking spaces shall be terminated by a laodxape island with
inside dimensions of not less than five (5) feet wide and seventeen (17) feet
long, or thirty-five (35) @et long if a double row of parking. Each terminal
island shall contain one (1) tree. Each side of the terminal island adjacrnt to
a travel Oat shall have a continuous sia (6) inch high curb of concrete or
other appropriate permanent material.
le) If it un be shown to the satisfaction of the Director that the strict application
of this section will xriously limit the function of the property, he may
approve the location of the required interior landcape area near the
perimeter of the Vl'A or adjacent to the building on the property, so long as
the landscape area is within twenty (20) feet of the perimeter of the VITA.
(7) Shrub means aself-supposing wood} perennial plant characterized by muhiple
stems and branches continuous liom the base naturally growing to a ;nawrc height
between two l2)and tweh~e(12)feet
Sec. 21187. landscaping Requirements
1. Applicability. The provisions of this section shall be applicable to all commercial and
industrial property development, as defined herein, or to the expansion or renovation of any
existing development. including property in government use. K7ten the total expansion or
renovation of existing development is equal to SU percent of the current assessed value of the
parcel improvements according to the Property Appraiser or the total square footage of a
structure is expanded to 50 percent or greater, as well as arty cumulative expansions totaling 50
percent, then this section shall be applicable to existing development and the expansion.
2. Landscape plan required.
(a) Prior to the iswance o(any building permit for cotttmercial or industrial, a
landscape plan shall be filed with, renewed by, and approved by the Director The
landscape plan shall be prepared by either the owner, or a licensed, registered
landscape architect, bearing his seal, or shall be otherwise prepared by persons
authorized to prepare landscape plans or drawings pursuant to Chapter 48i, Part II
(Landscape Architecture), Florida Statutes.
(b) The landscape plan required hereunder shall be drawn to style, including
dimensions and distances and shall
(I) delineate the vehicular use areas, access aisles, driveways, and similar
features,
(2) indicate the location of sprinklers or water outlets:
(3) designate b}' name and location the plant material to be installed or
preserved in accordance with the requirtmtett[s of this Part;
(4) identify and describe the location and characteristics of all other landscape
materials to be used,
(5) show all landscape features, including areas of vegetation required to be
presened by laze-. m context with the location and outline of existing and
proposed buildings and other improverttettts upon the site, i(any,
(b) include a tabulation clearly displatiing the relevant statistical information
necessary for the Uirector to evaluate compliance with the provisions of
this Pan This includes gross acreage, square footage of preservation
areas. number of trees to be planted or preserved, square footage of paved
ORDINANCE NO 95-95-6~
AN ORDINANCE OF 'fHE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, ARTICLE Ill,
ESTABLISHING LANDSCAPE REQUIREMENTS; DELETING CERTAIN LANGUAGE
AND INSF,RTING ADDITIONAL LANGUAGE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
~4'HEREAS the City Commission of the City of Atlantic Beach desires to add landscape
provisions in the Zoning and Subdivision Regulations of the City, and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS.
SECTION I Chapter 24, Article 1 of the Code of Ordinances of the City of Atlantic
Beach is hereby amended to read az follows:
ARTICLE III. DIVISION g -LANDSCAPE REGULATIONS
Sec.231tt6. Definitions.
The following words and phrases, when used herein, shall have the meanings respectively ascribed
to them:
(1) Ground cover means aloes-growing herbaceous or woody plant other than turf,
not over two (2) feet high, used to cover the ground.
(2) Hedge means a landscape bartier consisting of a continuous, dense planting of
shrubs.
.3) Irrigation system means a pemtanent, artificial watering system designed to
transport and distribute water to plants.
(4) Laodsupiog means any combination of living plants (such az grass, ground
cover, siwbs, vines, hedges, or trees) and non-living Lutdscape material (such az
rocks, pebbles, sand, mulch, walls or fences
(5) Mulch means non-living organic materials customarily used in landscape desigr to
retard erosion and retain moisture
(G) Perimeter landscape means a continuous area of land which is required to be set
aside along the penmeter of a lot in which landscaping is used to provide a
transition between and to reduce the environmental, aesthetic, and other impacts of
one t}pe o(land use upon another
~~
SECTION 3. This Ordinance shall become effective immediatdy upon final passage,
PASSED BY THE CITY COMMISSION ON FB2ST READING:
PASSED BY THE CITY COMMSSION ON SECOND READING:
Lyman Fletcher, Mayor
Attest:
Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen, Esquire
City Attorney
17
.ffi. ~. <~...,,. -
Requests for modification of the standards of this chapter shall be made to the Tree Conservation
Board. Upon receipt of such a request, the board shall thoroughly consider its merit and render a
decision within thirty (30) days. The request shall clearly and N detail state what modification or
exception is being sought and the reasons wch a request is warramed. The Board may grant,
modify or decry the request based on protection of the pubhc's imaest, preservation of the intent
of this chapter or possible ypreasonable or unnecessary hardship involved in the case.
5a-~3~36--,•CPPeakr
S
SECTION 2. Severability. If arty section, semence, clause, word, or phrase of this
Ordinance is held to be invalid or unconstitutional by a court of competem jurisdiction, that said
holding shall in no way affect the validity of the ranairung portions of this Ordinance.
16
Scc 23-22. Inspections.
The City shall have the authority to perform inspections of the subject property during
development for the purpose o(enwring compliance with this chapter. The applicant must pass
inspections before further work is performed on the project.
~~
~~
lines--if tpertnit . .
Sec 23-25 lisccptions
IS
is
private progeny as may be needed.
p^T~iensofthis~haPter
13
not xrve more than two (2) consecutive terms.
(c) Upon appointment and approval to the Board, the members shall meet and organize by
the election of a chairman and secretary. Rules and procedures shall be adopted for the holding of
regular and special meetings as the board shall deem advisable and necessary in order to carry out
its responsibilities
(d) It is the intent that at least two (2) members of the Board, if possible, be engaged in a
business in the City
(e) The Board shall.
(1) Review applications for site clearing and removal and relocation of protected trees,
and render a decision on applications within t 5 calendar days of receipt of said
application and prior to issuance of a permit by the Director as called for in this
Article.
(2) Require mitigation of protected trees as called for in this Article.
(3) Bring to the attention of the Director any violations of this Chapter and
recommend appropriate action toward enforcement and corteMion as provided in
this Chapter
(4) Review and make recommenda[ions to the Director on requests for modifications
ofthe s[andards of this Chapter.
(f) The Board shall hold public meetings twice monthly or at other times established by the
Board, to review applications and to discuss issues and projects relevant to its responsibilities.
(g) The Board shall anrhorize-ordrnq review, approve or Berry requests for tree removal
as called for in Section 33-3 23.17 and may~uire mitjQation of trees removed. In determining
mjljpation r uirements the Board shall wnsider the followine.
L The ezistin e tree ca nopy o(the Ioe
Z The tree ca noov of the a ~ inin~ lots
The top!?yl 3phy of the lot
4 The efforts of the a onlicant to minimize the Toss of trees" throtleh the size and
;=, desivrt of th
The cumula e struct
tive effe ure
cts of the tree loss:
¢, Tree remov als will be consistent with the intent of this chanter and will not be
detrimental to the p ublic welfare.
(h) The Board shall authortze-er-dem• review, approve or deny requests for exceptions as
called for in section 23-25 "fhe Board shall disseminate news and information to the public
regarding the protection, maimenance, removal and planting of trees The board shall prepare a
list of trees suitable (or planting street rights-of--way, parks, and other public places and certain
I2
Fund to compensate for each replacement tree which is not planted. The
amount of such contribution shall be determined pursuant to the formula
described in Section 23.17, 5, b,(10);
(3) If [he site has been cleared and the trees have been removed from the site
so that the Director is unable to determine with reasonable certainty the
number of protected trees removed in violation of tltis subpart, the
violation shall be corrected by paying a civil fine of up to S 1.00 per square
foot of land cleared which fine shall be assessed by the Code Enforcement
Board. The contributions and fines assessed under this subsection shall be
PBYable to the City immediately within seven (7) days after assessment. All
in the T ce Revue by the City pursuant to this subsection sha11 be deposited
P cement Account. No work shall continue on the site until
the trce replanting plan has been approved or the contribution or fine has
been collected.
(d) APPeaV. A p?rson aggrieved by an administrative order, determination or decision
of the Direcor may appeal the order, determination or decision to the City
Commission.
(e) Violation and penaNies. A person who violates arty provison of this section, and
fails to correct the violation az provided herein shall, upon conviction thereof be
guihy of a class D offrnse and punished accordingly. A separate offense shall be
deemed to have been committed for each tree removed, damaged, or destroyed
comrary to the provisions of this subpart.
(~ Judicial remMy. In addition to other remedies and notwithstanding the e~ustence
of an adequate remedy at law, the City of Atlarttic Beach rttay seek irgtrnctive relief
in the Cmait Court to enforce the provisions of this section The City shall be
entitled to reasonable attomty's fees and cost's,
in an action where the City is successful in obtainN udung appellate fees and costs
g affirmative relief
Sec. 23-19. Tree Conservation Board.
(a) There is hereby seated an administrative body to be known as the Tree Conservation
Board composed of five (5) citizens of the City. Each member shall be appointed and approved
by the City Commission. An ex officio member shall be an individual trained in arborialture,
landscape architecture, forestry or some other closely related field.
(b) All members of the Board will serve without pay The members shall be appointed az
follows: Two (2) for two (2) years and three (3) (or three (3) years and serve until their
successors are duly appointed and approved by the City Commission. Successors to the original
members shall thereafter be appointed for terms of three (3) years Vacancies caused by death,
resignation or otherwise, shall be filled immediately for the ezpired term in the same manner az the
original appointments are made. Members of the Board may seek reappointment but the}, shall
(c) When removing branches from protected trees to clear for construction or pruning
to restore the natural shape of the entire tree, the guidelines in the National
Arborist Association Pruning Standards for Shade Trees and the American
National Standards for Tree Care Operations (ANSI ~Z 133.1) shall be followed.
Protected trees shall be pruned to remove dead or damaged limbs and to restore
this natural shape and fertilized az necessary to compensate for amp loss of roots
and to stimulate root growth. Any damage to tree crowns or root systems shall be
repaired immediately after damage occurs.
7. Enforcement violatons and penalties; stopping work, correction of violation;
assessment and recovery of civil penalties.
(a) Notice of violations. Whenever the Director has evidence that a violation of any
provision of this subpart has been or is being committed, he shall issue a written
notice or order upon the violator by personal service or certified mail or, if these
forms of service are ineffective, by posting a copy in a conspicuous place on the
premises where the violation haz occurted or is occurring. The notice shall briefly
set forth the general nature of the violation and specify the manner and a time
within which the violation shall be corrected
(b) Stopping work. Failure to correct violations within the time period set forth in
the Notice of Violation, shall wnstitute grounds for the issuance of a Stop N'ork
Order All work on the site shall be suspended until the violations have been
corrected.
(c) Correction of violation. A violation of this subpart shall be corrected az follows:
(I) By paying the permit fee due the City for the work, which permit fee shall
be twice the amount of the regular permit fee spedfied on the application
which would have been due had the permit barn obtained prior to
wmmrncing work, and by replacing the protected [roes removed without a
permit with new planted trees, unprotected trees or traruplamed trees The
total caliper inches of the replacement trees shall equal the total caliper
inches of the protected trees removed A trce replanting plan showing how
the damage caused to the site by the violation will be miti rlpted shall be
subject to the review and approval of the Tree Conservation Board and the
trees installed within the time limit stated on the pemvt. Replacement trees
shall meet the requirements of Section 23. I J. S, except that the minimum
caliper of the replacement tree shall be four (4) inches, and the plan shall
meet the requirements of Section 23.17 4, to the eztem applicable; or
(2) ey paying the permit fee due the City for the work, which permit fee shall
be twice the amount of the regular permit fee specific! on the application,
which would have been due had the permit barn obtained prior to
commencing work, and by' making a wmribution to the Tree Replacemrnt
10
(6) Existing non-protected trees, transplanted trees and new trees used for
replacement become protected trees.
(7) Replacement trees shall be maintained by watering and guaranteeing the
tree for one year. Failure to main'ain the trees shall be deemed a violation
of the Zoning Code
(8) A tree used for replacement shall be at least ten (10) feet from any other
tree planted, transplanted or preserved
(10) If the applicant demonstrates to the satisfaction of the Director that the site
cannot accommodate the total number of requved replacement trees as a
result of insufficient planting area, the applicam shall provide a monetary
wntribution to the Tree Replacemrnt Account The amount of such
contribution shall be determined as follows: For every two (2) caliper
inches, or fraction thereof, ofreplacement trees which would otherwise be
required, the contribution shall be equal to the retail value of a planted two
(2) inch caliper nursery grown shade tree. The retail value shall be
calculated by taking the average of the median current wholesale price,
published by North Florida nurseries, for a container grown, and a balled
and burlaped two (2) inch caliper laurel oak, multiplied by two (2). The
retail value shall be recalculated and adjusted anrmally on October 1st.
6. Tree protection during development All protected trees, preserved understory vegetation,
and trees retained for tree credit, pursuant to Section 23.17.5 hereunder, shall be protected from
injury during any land clearing or construction in the following manner:
(a) Prior to any land clearing operations, tree limbs which imerfere with construction
shall be removed and temporary barriers shall be installed around all trees and
other understory vegetation to remain within the limits of land clearing or
construction and shall remain until the completion of the work. The temporary
barrier shall be at least three (3) feet high, shall be placed at least six (6) feet away
from the base of any tree, shall include at least 50 percent of the area under the
drip line of any protected tree or trees retained for tree credit pursuant to Section
23.17. 5, and the barter shall wnsist of either a wood fence with two by four
(2x4) posts placed a maximum of eight (8) feet apart, with a two by four (2x4)
minimum top rail, or a temporary wire mesh fence, or other similar barrier which
wdl limit access to the protected area Tree protection shalt comply with the
guidelines in the Tree Protection Guide for guilders and Developers by the Florida
Division of Forestry and any other reasonable requirements deemed appropriate by
the Director to implement this Part
Ih) No materials, trailers, equipment or chemicals shall be stored, operated, dumped,
Auried or burned within the protected areas ho attachment, wires (other than
protective guy wires), signs or permits shall be attached to a protected trce.
5. Alitigation criteria and procedures.
(a) My relocation of trees in compliance with this section shall be performed in
accordance with accepted industry practices, including watering to htwre survival
of transplanted stock. Transplanted trees must be guarameed for at least one year.
(b) Protected trees idrntified for removal on the site clearing of tree removal permit
application shall be replaced with new planted vees, unprotected trees or
transplanted trees. Protected oaks removed shall be replaced only with oaks. The
total caliper inches of replacement trees shall equal one half (1/2) the [oral caliper
inches of protected uses removed; unless otherwise approved by the Tree
Conservation }3oard. If muhitrunked trees are used as roPlacentrnt veer, then the
total caliper of the four largest trunks shall equal the replacement caliper. New
palms may be used only to replace protected palms removed. No replacement will
be required for protected trees which are determined by the City to be dead or
deteriorazed as a result of age, insects, disease, storm, fire, lightening or other acts
of nature.
(1) New replacement trees shall be a minimum of Florida Number One defined
in the most tvrrem edition of the Grades and Standards for N!rrsery plants,
Part I and II, published by the Florida Depanmart of Agriculture and
Consumer Services. Trees shall be a species having an average nature
crown spread of no less than thirty (30) feet in Norheast Florida. Trees
shall have a minimum two (2) inch caliper and a minimum often (IO) feet
in overall height.
(2) Existing veer, thrx (3) inch caliper or greater, which are rtoi protected
trees or transplanted, may be utilized to satisfy tree replacement
requrements, subject to the conditions s[zted in Section 23.17. 5.
(3) New, preserved non-protected, or transplanted oaks u_~d as replacement
for removed protected oaks shall be four (4) inch caliper or greater.
(4) Existing protected trees which would otherwise be removed from the site
because of development, may be utilized to satisfy vee replacement
requirements if transplaned to a location on the site which meets the
requirements of Section 23.17, 5.
(5) If protected tree removal is associated with new developtrrem, the name,
size and location of all replacement trees shall be shown on the required
landscape plan and such trees shall be installed prior to the final building
inspection and issuance of the CO. Otherwise, the name, siu and location
of the required replacentem trees shall be shown on the site plan required
for site clearing or tree removal and such trees shall be installed within the
time limit stated on the site clearing or tree removal permit.
excluding therefrom preserve areas and water bodies in any
industrial district or public (government) use district.
4. Permit procedure and criteria for tree removal, relocatioa and replacement of protected
frees.
(a) Permits for site clearing and the removal or relocation of a protected tree shall be
obtained by filing an application. Approval of the application by the Tree
Conservation Board and issuance of a permit by the Director shall be required
prior to any land cleating or grubbing prior to any disturbance of the root system
or site development, or prior to the occurrence of any changes to an existing
developed site. The site shall be inspected to insure compliance with the approved
site plan prior to any additional permits being issued. Applications for site clearing
and tree removal or relocation shall include the following;
(1) A site plan, at a scale which clearly illustrates the requirements of this
section including the following.
(a) The lot configuration;
(b) The location and idrntifiration of existing and proposed improvements,
if any, including structures, water retention areas, Paving grade changes,
utilities, easemems, and street rightsbf--way or approved private streets;
(c) The location and idemity by botanical or common name and dbh, of
protected trees to be removed, relocated, or retained;
(d) The location of preserve areas
(e) The location of ingress/egress corridors and staging areas
(f) The location of all temporary protettive barriers;
(g) The location of all trees to be used for mitigation credit.
(Z) a statemrnt explaining why the protected tree is proposed to be removed or
relocated.
(b) An application for a permit for the clearing removal or relocation of a proteeted
tree shall be reviewed as designated in 2a above and a decision shall be made
thereon within fifteen (1 S) working days after receipt of such application or by
agrcement by both parties to a time frame.
(c) Any persoq organizatioq society. association, corporation or agent thereof who
intends to trim, prune, cut, disturb roots, or to destroy or remove any trce from a
public easement, public property or righbof--way shall obtain a permit Rom the
Dnector All work shall be conducted in stria accordance with the National
Arborist Association Pruning Standards for Shade Trees, the American National
Standards (or Tree Caze Operations (ANSI #ZI33.1), and any additional
conditions o(said permit The City and its franchise agrnts are exempt Rom
obtaining a permit to remove, trim, prune, cut, or disturb roots of any trce within a
public cscment or rightof--way
(1) Any tree located on any property upon which either asingle-family
dwelling or a mobile home on an individual lot is located unless a permit
for development, redevelopment, or renovation, valued at SI0,000 or
more, is require, or anticipated within six months following tree removal;
(2) My tree located in botanical gardens or in state-approved or government
nurseries and groves which are grown for sale or public purpose;
(3) My trce that poses immicent danger to the public health, welfare or safety,
and requires immediate removal without delay. In such instances, verbal
authorization to remove a protected trce may be given by the Director
(c) During the period of an emergency such as a hurricane, flood or any other natural
disaster, the requirercents of this section may be temporarily waived by the
Director, so that private or public work to restore order in the Ciry will in no way
be hampered.
3. Minimum tree sandards
(a) Minimum tree standards shall apply to all Tots effected by
development, redevelopment, or rettovstion valued az
S 10,000 or more.
(b) Unless otherwise provided in this section, a mitimum number of trees shall be
planted or preserved upon each site, pursuant to the following standards which are
the minimum reptirements for landscaping within the City of Atlantic Beach.
Trees shall not be placed where they interfere with she drainage or where they will
require frequent pruning in order to avoid imerferentce with overhead power Gael
(1) Minimum vce platnting roquiremcttts for aU property upon which either a
single-family dwelling or a mobile home w an individual bt is located or to
be located: One (1) 43rtch caliper tree shall be phtmed and/or preserved
for every twrnty-five hundred (2,500) square feet of lot area, or portion
thereof, excluding therefrom preserve areas and water bodies. Preserving
protected trees will offset this requireotem. No more than fifteen (1 S) new
trees or a total of 60 Inches DBH shall be required to be planted and/or
preserved on arty lot.
(2) Minimum tree plaraing requirements for all property upon which ehher a
single-family dwelling or a mobile borne on an individual lot is kxated.
(i) One (I) tree shall be planted and/or preserved for every eight
thousand (8,000) square feet of parcel area or portion thereof,
excluding therefrom preserve areas and water bodies ro all
commercial districts. except as otherwise provided herein.
(ii) One (I) tree shall be plamed and/or preserved for every ten
thousand (10,000) square feet of pared area or portion thereof,
topoerapM~ or trees
(25) Street 'fhe entire width of public right-of--way
126) Tree. Any self=supposing woody plant of a species which normally grows to an
overall height of a minimum of frfleem(-}Si twelve (12) feet in this area. ~rtd-ia~six
(27) Tree removal. Any act causing the death andior elimination ofa tree.
(28) LSt Rcolacement Account A ac oust c h t. r~~, of Atlant h to
be ucevl exclusrveh for s ndm~nrbhc tree yla t nv p~gJe,y in I am~yp to ten
cercent (10/lof they dfnr .,a ti a _
a o ant hall be on a vol ntarv b i and ma} incl d mon d o ~ m^r S r
3- 6 I3
(29) Underatory: Assemblages of natural low-level woody, herbaceous, and Bound
cover species which exist in the area below the canopy of the trees.
(30) Unique or special characteristic. A tree of unusual species, configuration, size,
age or historical backgound, including but not limited to a live oak, cypress or
magnolia tree of thirty (30) inches or more in DBH
(31) Vegetation, nativr. Any plain species with a geogaphic distribution indigeraus
to all or pan of the State of Florida or Atlamic Beach.
Sec. 23-17. Tree Protection
1. ApplicabBiry. The provisions of this section shall apply to all protected trees within the City,
unless specifically exempted herein.
2. Removrd of protected trees prohibited; a:ceptions.
(a) No person, organization, society, association or corporation, or any agem or
representative thereof, directly or indirectly, shall cut down, remove, damage or
destroy, or sha11 authorize the rotting down, removal, damage, or destruction of
any protected «ee, as defined in s. 23-16 (20) hereof, or shall commit any act or
authorize the commission of any act which physically removes a protected tree or
causes a tree to die, auh as damage inflicted upon the root system by heavy
machinery, chemicals or paving, changing the natural gale above the root system
and tree damage permitting infection or pest infestation, without fire having
obtained a permit as herein provided
(b) The following protected trees arc exempted from the provisions of this section
(20) Protected tree includes all of the following:
(1) Private protected tree: Any tree on private property with:
(A) with a dbh of six (6) inches or more located on any lot within
twenty (20) feet of a street rightof--way (including an approved
private street or other access easement) and 20 feet from the rear
lot line or located within seven and one-half (7-1/2) feet of any side
property line, or
(B) a tree with a dbh of twenty (20) inches or more located elsewhere
on a residential lot and a trce with a dbh often (10) inches or more
located elsewhere on a commercial or industrial lot.
(2) Public protected tree: Arty tree located on lands owned by the City, or
other governmental agencies or authorities, or any land upon which
easements are imposed for the benefit of the City, or other governmental
agencies or authorities, or upon which other ownership convol may ue
exerted by the City, or other governmental agencies, or authorities,
including rightsof--way, parks, public areas and easements for drainage,
sewer, water and other public utilities, with:
(A) a dbh of site (6) inches or more located within a City or other
governrtrental right-of--way, or located on arty parcel within twemy
(20) feet of a street rightof--way or rear parcel line, or located on
any parcel within seven and one-half (7-1/2) feet of arty side
property line, or
(B) a dbh often (10) inches or more located elsewhere on the parcel.
(3) Ezceptional specimen tree means any tree which is dtxermined by the
City Commission to be of unique and imrinsic value to the general public
because of as size, age, historic association, or ecological value or arty tree
desigtared a Florida State Champioq United States Champion or World
Champion by the American Forestry Association. The Cay Clerk sl>all
keep a record of all specimen trees so designated and then location
(21) Protective barrier. A man-made barricade to prevent disturbance of the tree's
growing environment
(22) Public place. All grounds owned by the City
f23) Razing To scrape, cut or otherwise remove existing trees
(24) Site alterations Any manmade change, disturbance or damage to the existing
the intent to, or, in fact does develop said property for any construction (by himself
or others) thereon for which an application for a building permit will ultimately be
required.
(7) Development, redevelopment, renovating: Any construnion for which an
application for a building permit must be made prior to initiation of any
improvement Also, in the case of vehicular -use paving, any preparation or
pavcmtent (concrete or asphalt) of a site intended for any type of vehicular use
(8) Dimtor. Community Developmem Director.
(9) Dominant species: The specie occurring most frequently.
(lo) Dripline. An imaginary hne extending perpendicularly down from the outer-most
branches of a tree.
(1 I) Ezcavation. The act of digging, cutting or scooping soil or in any way changing
the existing grade of the land.
(12) Nazardoua. A danger by virtue of location and/or presence of defects
(13) Mitin.tioo- Trees tart ..red to pIa ter; on oropgpy to r~iHCP a percR+t_e of
the trees removed d~ ¢ construction or Item r~ 6 nd de+>• nTe, m t
Rgplacemen~ni
(14) Municipal: Of or bebnging to the City or it franchised agents.
(I 5) Oprn space: All areas of natural plant commuttities or areas replanted with
vegetation aRer construction, such as revegetated naiurd areas; tree, shrub, hedge
or ground cover plaming areas; and lawns, and all other areas required to be
provided as natural ground and landscaping.
(16) Park: All public parks owned by the City.
(17l Positional conflict. By virtue of its location, the «ee's drip line is encroached
upon by site alterations.
(18) Preserve area: Vegetative areas required to be preserved under the jirrisdiaion of
the Florida Department of Environmental Regulation, St. Johns River Water
Management District and/or the Urrited States Arrrry Corps of Engineers or other
regulatory agencies.
(I9) Property owner The person owning the property as shown in the County tax
roles
(d) Promote innovative approaches to the design, installation and maintenance of
trees, thereby encouraging water and energy conservation;
(e) Increase and maintain the value of land by requiring a minimum amount of trees to
be incorporated into development.
(f) Preserve existing natural trees and vegetation where possible;
(g) Promote the conservation of potable and non-potable water by encouraging the
preservation of existing plant communities, ertcoera®nB the planting of natural or
uncuhivated areas, encouraging the use of site-specific plain materials;
(h) Establish prrxedures and standards for [he administration and enforcement of this
part:
{j) Estabhsh a tree fwrd for the collection of monies from mitigation to be used for
planting of trees in area thorugh the City.
Sec. 23-16. Definitions.
The following words and phrases, when used herein, shall have the meanings respectively ascribed
to them.
(I) Balfer yard or strip means a snip of land, idemit'ied oo a site plan or by zoning
ordinance requirement, establishal to protect one type of land use from another
land use that maybe incompatible. The area is landscaped, nwmained and kept N
open space.
(2) Caliper means the trunk diameter of existing or plamed trees. Caliper shall be
measured six (6) inches above the Bound for trees up to and including four (4)
inches in caliper, and measured twelve (12) inches above the Bound for trees
exceeding four (4) inches in caliper.
(3) Constrvctiou: Includes erecting stntctures and buildings, placement of utilities,
paving, topogaphical changes and installation of drainage
(4) DBH- The diameter breast height measured in inches at 4.5 feet above Bound
level DBH for multi-[ranked veer shall be determined by meawring each trunk
immediately above the fork and adding the total inches together
(5) Designee. An appointed representative
161 Developer/builder/contractor: My person, firm or other legal entity that
purchases, agrees to purchase or otherwise holds an imerest in real property with
ORDINANCE N'O 95 ~»-[>a
AN ORDINANCF. OF THE CITY OF ATLANTIC
BEACH, FLORIDA AMENUWG CHAPTER 23,
VEGETATION, ARTICLE II, 'fRF.E PROTECTION,
DELETING CERTAIN LANGUAGE AND WSERTING
ADDITIONAL LANGUAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFGCTfVE DATE.
WHEREAS the City Commission of the City o(Atlantic Beach desires to change the Tree
Preservation Ordinance of the City, and
WHEREAS those changes affect the powers, duties and authority o(the Tree
Conservation Board, and
W'HERE.4S the Tree Conservation Board has suggested certain language modifications
which are included herein, and
WHEREAS the Tree Conservation Board has reviewed this proposed amendment and
suoports its adoption in its present form and content,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC REACH, FLORIDA, AS FOLLOWS
SECTION I Chapter 23, Article II of the Code of Ordinances of the City of Atlantic
Beach is hereby amended to read as follows
ARTICLE II TREE PROTECTION
Sec. 23-I Dedantion of legislative intent and public pdicy. II is the intent of these
regulations to promote the health, safety and welfare of the arrt:m and future residems of the
City of Atlantic Beach by establishing minimum standards for the protection of natural plam
wmmunities, the protection of trees within the City of Atlantic Beach in order to.
(a) Improve the aesthetic appearance of commercial, governmental, industrial, and
residential areas through the pro[edion of trees duong developrnent;
(b) Improve environmental quality by recognizing the numerous beneficial effects of
trees upon the environment;
(c) Provide direct and important physical and psychological benefits to human beings
through the preservation of trees to reduce noise and glare, and to break up the
monotony and soften the harsher aspects of urban development,
'TREE PROTECTION
`PROPERTY LIN[
PRIVA iE /'~~~
PR07EC TED C( yJ
TREE ~'W 2C.00
~_ -_ ___ _D e H OE 6_OR uORE
7.50' {-
I
PRIVATE I
PROTECTED I
TREE I
PRIVATE PROTECTED TREE
o I
PROPERTY ~ I
UNE o I
iWl i
mol
I ~/C~
owl
o B N OF 20- OR YORE
(D B H OF 10 OR YORE IN
COYUEROAL k INDUSTRIAL
PROPERTY)
1 >/
I
I~
Io
I~ PROPERTY
I uNE
I~
IsW
Imo
I°~
PRIVATE
PROTECTED
TREE
I ~I~,.
I ~ _~
PRIVATE PROTECTED TREE
D 6 H OF 6" OR YORE
PROPERTY ^ 20'00
UNE / thy, I pROpERTY UNE Y
SiDEWAU(
PUBUC PROTECTED TREE
DR H OF6"OR YORE
(PURUC STREET)
SIDEWALK
(PUBUC STREET)
A. PRIVATE PROTECTED TREE
I. ANY TREE M1TH A D 8 N OF:
SIX (6) WCHES OR YORE LOUTED ON ANY LOT WiTNM TWENTY (20) FEET OF A STREET
RIGHT-OF-WAY OR REAR PROPERTY UNE.
9X (6) INCHES OR 4pRE WITNIN SEVEN AND A HAU' (7.5) FEET Di ANY OTHER PRIVATE
PROPERTY UNE NANO
TWENTY (20) INCHES WITHIN ANY OTNER PORTON OF THE 10T. (EXCEPT IO' FOR COMUEP-
CIAL 8 INDUSTRIAL PROPERTY)
- 2. ANY CHAMPION TREE SO OESGNATEO BY THE FLORIDA DIVISION D< FORESTRY, DEPARTMENT
OE AGRICUITUP.E
e. PUBLIC PROTECTED TREE
SAYE A$ PRIVATE PROiEC TED TREE PLUS ANY TREE SIX (6) INCHES OR URGEP Wt TV!RI
CRT R;GH L-OP-WAT
C. EY, CT:PTIG?IAL ';PECi!dEN TREE
Arrr PdEE Ou PRIVA iE OP PVUUC l^IO DE~;Na qO er THE Cl i't Cglrv rll AS a ;PEr IUEN
iPLE.
"Ihe committee discovered early on that Atlantic Beach has no regulations requiring
minimum standards of landscaping for commercial property. The construction of
establishments such as Pic-n-Save with acres of asphalt unbroken or hidden by
landscaping seems adequate proof of need. Jacksonville and other beach cities have
regulations but Atlantic Beach has little ability to regulate development in the
commercial sectors thaz effectively surround our city.
Soecifics of the ordinance: Borrowing heavily from County regulations the
committee has recommended a basic set of guidelines for landscaping requirements
for commercial property under development. Significant issues include:
1. The Ordinance applies to new development and addition-e or modifications that
would result in a 50% increase in the assessed value of the current site.
2. The regtilation sets minimum standards for parking areas and perimeter
landscaping.
3. A landscape plan is a requirement of the permit process.
4. Attachment B is a visual interpretation of Ordinance requirements.
RECOMMENDATIONS:
The Committee recommends that the Commission adopt the provisions of the
revised Ordinance.
Further the Committee recommends that the Commission considers the
adoption of the new Ordinance dealing with the establishment of minimum
landscaping requirements for commercial property.
"Ihe Committee commends [he able assistance of George Worley for the early hours,
the many rewrite, and the available coffee so necessary at 7 in the morning.
Jirn Lucas
Grrnmittcc Chair
steno
~. 7 he "free Conservation Board has a significant part in dte process with the
following primary functions:
o To act as an advisor to property owners or developers to assist in
the retainage of as much natural treescape as possible.
o To assist [he Director in applying the provisiorLS of the
Ordinance dealing with new construction or renovations that
meet the threshold of [he ordinance.
Saecifics of the Ordioance• The Committee rewrote the Ordinance to eliminate
language subject to interpretation. The following are significant or new issues as
proposed in the revised Ordinance:
]. This Ordinance does not a 1 to an roe Deco ant who desires to
remove an unwanted tree
2. The current Ordinance places most restrictioas or remedies on owners of heavily
treed lots. The proposed Ordinance provides for minimum tree requirements or
remedtes on all lots, while reducing the burden on the former
3. The function of the TCB remains but the ordinance clarifies the role of the Board
as part of the permit application.
4. Language subject to interpretation has been eliminated. That has resulted in more
precise definitions and a more comprehensive Ordinance.
5. While the TCB has the authority to lesserrremedies on special cases they have
uPPer limits that cannot be exceeded.
6. Remedies for the removal of protected trees include replacement, replanting, or
a payment of fees into a newly designated "Tree Conservation Fund" to be used for
citywide tree projects where needed.
7. The Ordinanbe applies to all undeveloped lots in Atlantic Beach, a,-td does not
apply to developed procerty with the exception that renovations with a monetary
value exceeding $10,000, requiring a permit, would require meeting the standards.
K. Attachment A is a visual interpretation of Ordinance requirements.
LA:AUS(~API'. KP:(;I'L:~"1'10:AS:
REPORT TO THE ATLANTIC BEACH COMMISSION
DATE: October 25, 1995
FROM: Tree Protection Ordinance review committee
TO: Atlantic Beach City Commission
RE~ Committee Report
w/enclosures
The Tree Protection Ordinance Review Committee was chartered by the Atlantic
Beach City Commission to study the Ordinance and make recommendations back
to the Commission. Committee membership consisted of: Jim Lucas, John
Meserve, Mary Walker, Hope Van Nomvick, and Hugh Mathews. The Charter of
[he Corttmittee was to: "Review and rewrite the Ordinance with George Worley,
City Planner, to serve as Staff"
As the Committee looked into tree preservation in Atlantic Beach the lack of
standards of landscaping requirements became appazent. The Committee looked at
ordinances in other cities and developed one for the Commission to study for
possible adoption. Like most similar ordinances, it deals with landscaping
standards for commercial property and while not imposing undue burden, does
establish basic requirements.
Assumptions: The Committee was composed of various viewpoints and
compromise was required to reach consensus. To find consensus required the
committee to make certain assumptions in developing changes to the current
Ordinance:
I. The Atlantic Beach Commission desires to insure the preservation of the city
treescape through the permitting process for new development and major
reconstruction '
2. Yropery rights of owners are to be preserved. No ability to infringe on property
owner rights as to land clearance is included in the ordinance, however provisions
for replacement or other remedies for the removal of protected L-ees is specified.
~~
EXHIBIT "B"
u III I~ 'ri. r~ NNVA rH111
COMMITMENT LETTER
B- ~ u i I~ne u4.
_...,h;..~~, ,. Yz..
to occur on the date as of which the interest on the No[e is deemed irxaudahlr in the gross
income of the Lender.
In no even[, however, shall interest be charged or paid in an amouct in excess of the
maximum interest rate permitted to be paid under applicable law.
q_7 ~~ ; ~~.., ~e.w.,
_. u.,....~..~az
Id) Loss of Deduction Under Section ?65(6)(3)(61 of Internal Revenue Code. In the
event the Note is determineA not to be a "qualified tax exempt obligation" within the meaning
of Section 265(b)13)lB) of the Internal Revenue Code, then the original interest rate on the Note
shall be adjusted to _9 per annum and any intervening adjustments made shall be
recalculated urine the adjusted rate.
(e) Other Chance in Tax Laws. 1(the tax laws or regulations are amended to cause
[he interest on the Note [o be taxable, to be subject to a minimum tax or an alternative minimum
tax or to otherwise change the after tax yield on the Note to the Lender (directly or indirectly,
other than a chance described in (a) through (d) above or because of a Ue[ermination of
"taxability) then the imerest on the Note shall be adjusted to cause the yield on the Note, after
payment of any increase in tax, to equal what [he yield on the Note uvuld have been in the
absence of such change or amendment in the taz laws or regulations.
The above adjustments shall be cumulative, but in no event shall the interest on the Note
exceed the lesser of the maximum permitted by law or the Taxable Rate set forth below. The
above adjustments to the interest rate on the Note shall be effective on the effective date of the
applicable change in the taz laws or regulations. All ux rates and interest rates are expressed
as annual rates. However, proper partial adjustment shall be made if the tax law change is
effective after the first day of the Lendei s taz year or if the interest on the Note does not accrue
for the entire tax year of the Lender. Adjustments which create a circular calculation becaux
the interest on the Note is a((ected by the calculation shall be carcied out sequentially, adjusting
the interest on [he Note accordingly in each successive calculation using as [he oew value the
adjusted interest rate on the Note, until the change on the interest rate on the Note caused by the
nett successive calculation of the adjustment is de minimis. If more than one of paragraphs (a)
through (e) apply. then the interest on the Note shall be adjusted in the order in which listed
aMrvc.
Taxable Rate
Notwithstanding the foregoing, in the event of a "Determination of Taxability" (as
hcreina(ter defined), this Note shall bear interest at the rate of
p~•rcem (`l<) per annum (the "Taxable Rate"), from and after and retroactively to the dale
as of which such Determination of Taxability is made and the Noteholder shall be entitled to
wch additional interest on this Note. For purposes hereof. "Determination of Taxability' means
the circumstance of the imerest nn the Note becoming includable for federal income taz purposes
in the cross income of the Lender as a consequence of any act, omission or event whatsoever
and regardless of whether the same was within or beyond the control of the City. A
Determination of "tazabilfty will be deemed to have occurred upcm lit the receipt by the City or
the Lender of an original or a copy of an Internal Revenue Service Technical Advice
9lemnrandum or Statutory Notice of Deficiency which holds that the interest on the Note is
includable in the gross income of the Lender. (ii) the issaance nt am public or private ruling
ul the Inr_rnal Reacnue Service that the imerest on the Note is ittcludahle in the cross income
tit the IAnder. or tiiit receipt by the City or Lender of an opinion of a bond Counsel that the
interest on the Note has become includable in the gross income of the Lender for federal income
tax purpose,. Por all purpous of this definition. a Uctermination of "l axahiliro will be deemed
_..,~~„ . ,,.... w... ur~~~~"•w"
A-ri
I Notr. To be included it required by Lender)
SCHEDULE2
ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS
Adjustment to Interest Rate
(a) Chanee in Maximum Corporate Tax Rate. [f the maximum federal corporate
income tax rate for the Lender during any period in which interest is accruing, shall be other
than 34~, then the interest on [he Note during such period shall be modified by multiplying the
interest on the Note (as adjusted) by a fraction equal [o (I - A)L66 where A equals the
maximum marginal corporate income tax rate [hen in effect.
(b) Loss of Federal Income Taz Deduction for State Income Taxes. If the federal
income tax deduction for state income taxes paid on the interest on the Note during any period
is reduced because of any change in the tax laws or regulations [hen the interest on the Note
shall be increased during such period by an amount equal to A z B x C x D where:
(1) A equals the (racoon (expressed as a decimaq of the mtal sate income tax
disallowed as a result of such tax law change;
(2) B eyuals the race of the applicable state income tax (expressed as a
decimal):
(3) C eyuals the maximum federal corporate tax rate then in effect for the
Lender Iczpressed as a decimap: and
(4) D eyuals the interest on the Note (expressed as a percentage).
(c) Partial Taxability. 1(the imerest on the Nole during any period becomes partially
taxable because of any change in the tax laws or regulations, then the imeres[ on the Note shall
be increased during such period by an amoum equal to (A - B) x C where:
(1) A eyuals the Taxable Rate lexpressed as a percentage);
(2) B eyuals the interest on the Note (expressed as a percentage): and
f3) C eyuals the (racoon of the interest nn the Note which has become taxable
as the result of such tax change (expressed as a decimal).
A-5
SCHEDULEI
REPAYMENT SCHEDULE
Date Principal In[erest Toul
,rn ,n r. neu Nw'k .wn: ii , :wore ny..
A4
IN WITNESS WHEREOF, the Ci[y of Atlantic Beach, Florida has issued this Note and
has caused the same to be signed by its Mayor or Vice Mayor aml its xal u, be a(f-ized hereto
and anes[ed by the signature of i[s City Clerk, all as of the _ Jay of 1995.
(SEAL)
ATTEST:
City Clerk
CITY OF ATLANTIC BEACH, FLORIDA
By:
MayorlPresiding Officer
,(i 111.1x. r it Rn~.1;~M1r: II I.IMI:IL:IM
A-3
between the City attd First Municipal Loan Council, az amended (the "Refunding") and (ii)
acquisition and construction of certain capital improvements within the City (the "project").
The City has covenanted in the Ordinance to budget and appropriate in each Fiscal Year
while this Note is outstanding sufficient amounts, from legally available Non-Ad Valorem
Revenues, to pay the principal of and interest on [his Note during such Fiscal fear, as more
particularly provided in the Ordinarce ([he "Pledged Funds").
This Note shall not constitute a general obligation or indebtedness of the City, and the
Lender shall never have the right to require or compel the levy of taxes on any property of or
in the Ciry for the payment of the prircipal of and interest on [his Note. This Note shall trot
constitute a lien upon !tx project, or upon any property of or in the City, but shall be payable
solely from the Pledged Funds in the manrcr provided in the Ordinance. Refererrz is made [o
the Ordinarce for the provisions relating to the security for payment of this Note and [he duties
and obligations of the City hereunder.
This Note may be prepaid in whole or in part prior to its stated date of maturity, at the
op[ion of the City, a[ any time, and such prepayments shall be applied to reduce the prircipal
balance of the Nom remaining outstanding and uttpaid in the manner described in the Ordinattce.
This No[e may not be transferred or assigtted by [he Corder without the prior consent of
the City.
It is hereby certified, recited and declared that all conditions, things, and acts required
to exist, to happen, and to be perforated preceden[ to and in cottnection with the issuance of this
Note, exist, have happened, and have been prrtormed in regular and due forth and time as
required by the laws and Constirmion of the Stam of Florida applicable thereto, and that the
issuara:e of this Note does ttot violate any constitutional or statutory limitations or provisions.
1. 111.1. ,~~~~N\\'A.KIr~
Note: To be revixd if Lender proposed and Ciry accepts drawdown teawre for advancement
of principal
EXHIBIT "A"
Nu.
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF ATLANTIC BEACH
REVENUE NOTE, SF,R1E5 1995
KNOW ALL MEN BY THESE PRESENTS, that the Ciry of Atlantic Beach, Florida
(hereinafter called the "City'), far value received, hereby promises to pay to
schedule attached hereto ase Schedule"1 solely tfromotheepledged funds hereioafterement owed[
the principal sum of
and to pay solely from such pledged funds interest on [he principal balance outstanding from
ume m [ime at the rate of percent (_9) per annum, such interest being
payable on 1, 199 ,and quarterly thereafter on each January 1, April I, July 1 and
October I. (The interest rate on this Note shall be subject to adjustment in certain events as
more particularly set forth on Schedule 2 anached hereto and by [his reference incorporated
herein.
Interest end principal payments other than the final principal pa}'ment shall he payable
by checA or draft of the Ciq~ mailed to the Lender at its address as it appears on the note
registration I><wk maintained by the City. The final principal paymem on this Note shall be
payable when due in immediately available funds upon presentation and surrender thereof to the
Cin.
Interest on this Note shall he calculated on the basis of a 360-day year, consisting of
iwclvc 3U-day months.
In no event, however. shall interest be charged or paid in an amoum in excess of the
maximum interest rate permitted to be paid under applicable law.
This Nute is issued punuam to the Constitution and Laws u( the State of Florida.
paniculark Chapter 166. Part 11. I=lorida Statutes. and other applicable provisions of law, and
an urdin:mce doh enacted by the City Commission the City of Atlantic Beach. Florida on
_. .1995 (herein referred to as the "Ordinancc'1 fnr the purpou ofproviding fords
for the fi/ rclunding of the ('ity's outstaMing oblieations under the Participation Agreement
A_I ~~,.w. ~. s.,,
SECTION 17. EFFECTIVE DATE. This ordinance shall take effect immediately upon
its enactment.
PASSED on First Reading 1995.
PASSED on Second Reading 1995.
Approved as to form, sufficiency and
cortec[ness:
City Attorney Mayor/Presiding Officer
ATTEST:
Clerk
It \II 1' ~~ ~i N•\A ~MI~!
10 II) IW1'IL llyn
SECTION I2. APPLICATION OF NOTE PROCEEDS. All money received from
the sale of the Note shall be applied by the City to pay Project Costs and Refunding Costs.
SECTION 13. DEFEASANCE. if, a[ any time, [he Ci[y shall have paid, ur shall have
made provision for payment of, the principal and interest with respect to the Note, then, and in
that event, the pledge of and lien on the Pledged Futtds in favor of the Lender shall be no longer
in effect and the City shall have no further obligation to comply with the covenants contained
in Sections 10(B). (C), (D) and (E) hereof. For purposes of the preceding sentence, deposit of
Federal Securities in irtevocable [fast with a banking institmion or [rust company, for the sole
benefit of the Note. with respect to which Federal Securities [he principal of end interest will
be sufficient to make timely payment of the principal and interest on the Note, shall be
considered 'provision for payment."
SECTION 14. DELIVERY OF NOTE. The delivery of the Note to the Lender is
hereby authorized. The Mayor or Vice Mayor, the City Clerk and City Attorney arc each
designated agents of tM City in connection with the execution and delivery of the Note and are
authorized attd empowered, collectively or irdividually, [o take all action arA steps to execute
and deliver any and all instruments, documents or contracts on behalf of the City which are
necessary or desirable in cottttection with the execution and delivery of the Note to the Lender.
SECTION I5. SEVERABIL[TY. If any ore or more of the covenants, agreements, or
provisions of this ordinance should be held contrary to any express provision of law or contrary
to [be policy of express law, though tut expressly prohibited, or against public policy, or shall
for any reason whatsoever be held invalid, then such wvenants, agreements, or provisions shall
be rtull and void and shall be deemed separate from the remaining covenants, agreements or
provisiots, atd in no way affect dte validity of all other provisions of this ordinance or of the
Note delivered bereurder.
SECTION 16. MODIFICATION At7D AMENDMENT. No material modification or
amendment of this ordinance, or of any resolution amendatory bereol or supplemental hereto
may be made withom the consent in writing of [he Lender.
1, All.l"~~~~~) IIA~h ~Mi:: 11 l :oM1,i]~Ipn
(S) under the provisions of any other law for the relief or aid of debtors, any court
of competem jurisdiction shall assume custody or control of the Pledged Furals or of the City
or o(the whole or any substantial pan of the City's property, and such custody or control shall
not be terminated or stayed within 60 days from the date of assumption of such custody or
control; or
(6) the City shall default in the due and punctual performance of any of [he covenants.
conditions, agreements and provisions contained in the Note or in this ordinance on the pan of
the City to be performed, including without limitation the covenant conained in paragraph (B)
of Section 10 hereof, and such default shall continue for 30 days after written notice specifying
such default and requiring [he same to be remedied shall have been given the City by the
Lender,
then in each and every such case the Lender, or an agent or trustee therefor. may proceed to
protect and enforce its rights and the rights of the Lender by a suit, action or special proceeding
in equity or at law, by mandamus or otherwise, either Cor the specific performance of any
covenant or agreement contained herein or in aid or execution of any power herein granted or
for any enforcement of any proper legal or equitable remedy (including the appointment of a
receiver) as the Lender shall dcem most effectual to protect artd enforce the rights aforesaid.
In the event of a default described in (3), (4) or (S), above of this Section 11, all amounts due
under the Noce shall automatially and immediately become due and payable without notice or
demand, which notice and demand are hereby expressly waived by the City.
No remedy herein conferred upon or reserved to the Lender is intended to be exclusive
o(any other remedy or remedies, and each and every such remedy shall be cumulative, and shall
be in addition to every other remedy given bereuttder or now or hereafter existing at law or in
equity or by statute.
No delay or omission of the Lender m exercise any right or power accruing upon any
default shall impair any such right or power or shall be rnnstnred to be a waiver of any such
default, or an acquiescence therein; and every power and remedy given by this section to the
Lender may be exercised from time [o time, and as often as may be deemed expedient.
If an Event of Default shall happen and shall rat have been remedied, the City or a
receiver appointed for the purpose shall apply all Pledged Funds as follows and in the following
order:
(1) to the expenses incurred by the Lender or any trustee or receiver in enforcing the
City's obligations, including their reasonable attorneys' fees and costs. whether or rat suit be
brought. including such fees and costs at trial or on appeal:
Qt rn the payment of the reasonable and proper charges, expenses and liabilities of
the receiver. registrar and paying agent hereunder:
131 w the payment of interest and principal due on the Note.
11) I W1 In ryT~
Amounts on deptsit in the Sibling Fund mny he invested and reinvested by the City in
Amhorized Investments mawring or redeemable at the option of the Ciry nut later than the date
such amounts are needed for the payments required hereunder.
Except to the ez[ent otherwise required by any provision hereof or of any tax compliance
certificate delivered in romtection with the delivery of the Nute, all income Gom [he investment
of monevs in the fund and accounts established by this ordinance shall, upon receipt thereof, be
deposited [o the credit of the Sinking Fund and used for the purposes thereof.
The designation of a special fund by this ordinatxe shall not be construed to require the
establishment of any completely independent, self-balancing funds, as such term is commonly
used and defined in governmental accounting, but is in[ended solely to constitute an earmarking
of certain moneys and investments for certain purposes and to establish certain priorities for
application of such moneys and investments as herein provided. The moneys and investments
required to be accounted for in the foregoing fund established herein may be deposited in a
single fund or account, provided that adequate accounting records are maintained to reFlect [he
allocation of the moneys and investments on deposit therein into the fun[I established hereunder
and to control the restricted uses of such moneys and investments for the various purposes as
herein provided.
The Ci[y shall not be required to make any further payments into the Sinking Fund when
the aggregate amount of money and Au[horized Investments in said furWs and accounts is at least
equal to the total principal of and interest on the Note [hen outsunding.
SECTION I1. EVENTS OF DEFAULT AND REMEDIES. If one or more of the
followin¢ events, herein called "Events of Defaul6" shall happen, that is to say, in case:
(1) default shall be made in the payment of any installment of the principal of the
Note when the same shall became due and payable; or
(2) default shall be made in the payment of any installment of interest on the Note
when and as such installment of interest shall become due aid payaMr, or
13) the Ciry shall (a) admit in writing its inability to pay its debts generally as they
become due. (b) file (or have filed against it and not dismissed within 90 days) a petition in
bankruptn• or take advantage of any ituolvency act. (c) make an assienment for the benefit of
ns creditors. (d) consent to the appoin[ment o(a receiver of itself or of the whole or any
wbstantial pan of its property, or (e) be adjudicated a hankrupt; or
14) a coon of competent jurisdiction shall enter an order. judgment or decree
apry;intine a receiver of the Pledged Funds, or of the whole or any substantial part of the City's
pnrpeny. ur appnn•ine a petition seeking reorganiretiun of the City under the federal bankruptcy
inks or any other applicable law or statute of the united States of America or the State of
I~Illrida. and such order, judgment or decree shall not be vacated ur set aside or stayed within
nU does imm the date of the entry thereof or
I.. •II I•~.., Y~~I.~NI•: ,- II'IVn 10'x+
of debt service on Minds and other debt ira[rumen[s). However, [he covenant w budget and
appropriate in its general annual budget for the purposes and in the manner stated herein shall
have the effect of making available for the payment of the principal of and interest on the Note,
in the manner described herein, Non-Ad Valorem Revenues and placing on the City a positive
duty to appropriate and budget, by amendment if necessary, amounts sufficient to meet its
obligations hereunder, subject. however, in all inspects to the restrictions of Section 166.241,
Florida Statutes, which provides that the governing body of each municipality make
appropriations for each fiscal year which, in any one year, shall not exceed the amount to be
received from taxation or other revenue sources; and subject, further, to the payment of services
and programs which are for essenial public purposes affecting the health, welfare and safety of
the inhabitants of the City or which are legally mandated by applicable law. The City represents
that [he Project and the project financed by the Refunded OM1ligations serve essential public
purposes.
(C) Limit on Other Encumbrances. While the Note is outstanding, (i) Non-Ad
Valorem Revenues (average of actual receipts over the prior two years) must cover projected
maximum annual debt service on all debt secured by and/or payable solely from such Non-Ad
Valorem Revenues by at leas[ 1.5 times; and (ii) the City will not grant any liens upon or
pled¢es of the Non-Ad Valorem Revenues such that the City would have insufficient Non-Ad
Valorem Revenues to comply fully with the provisions of the foregoing Paragraph (B).
(D) Financia~ments. Not later than Igo days following the end of each fiscal
year, the City shall provide the Lender the annual audited financial statement of the City audited
by the City's certified public accountant's toge[her with the report of such accountant's
amtainme only such qualifications as are reasonably acceptable to the fxrder.
(E) Annual Budoet. The City shall prepare its annual budget in accordance with
Florida law and in particular Section 166.241 and Section 200.0(5, Florida Statutes, and shall
provide the Lender a copy of its temative and final annual budget (or each fiscal year as soon
as practicable upe;n adoption thereof by the Commission and in any event prior w the
commencement of the fisczl year for which such budget is prepared.
(1'1 Sinkine Fund, The City hereby crea[es and establishes a special separate ford to
be called the "City n( Atlamic Beach Revenue Note Series 1995 Sinking Fund" (hereinafter
called the "Sinking Fund"t.
Un or txfilre the twenty-fifth day of each March, June, September and December the
City shall deposit Irom Nun-Ad Valorem Revenues to the Sinking Fund the amounts sufficient
ti. pay the interest and principal beatming due on the Note on the nett payment date therefor.
fhe amounts remaining on deposit in the Sinkin¢ Fund un the day following the
respective interest ur principal payment may F>e withdrawn by the City and applied (or other
municipal purposs. In nu crem shall any moneys remain on deposit in the Sinking Furl (or
a pcnld ereatcr than Ihineen (131 mumhs.
.a. ail lr..• rlli~~l ~41r:
6 1. , ... ~,..,,,,
SECTION 8. FORM OF NOTE. The Note shall be in substantiall}• the tirrm attached
hereto as Exhibit A, with such changes as shall be necessary to reflect the terms set forth in
fixhibit B and such other changes as may be approved by the Mayor or Vice Mayor of the City,
such approval [o be presumed by such officer's execution of the Note.
SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE CITY. The
payment of the principal of and interest on [he Note shall be secured forthwith, by a lien upon
and a pledge of the Pledged Funds. Until the Note is paid or deemed paid pursuant to the
provisions of this ordinattce, the City hereby covenants (i) to appropriate in each Fiscal Year
Irom Non-Ad Valorem Revenues sufficient moneys to pay the principal of and interest on the
Note coming due in said Fiscal Year, and (ii) from such appropriated funds to pay said principal
and interest in such Fiscal Yeas Tw:. Note shall not constitute a general obligation or
indebtedness of the City and the Lender shall never have the right to require or compel the levy
of lazes upon any property of or in the City for the payment of the principal of and imerest on
the Note. The City does hereby irravocably pledge the Fledged Funds to the payment of the
principal of and interest on the Note.
SECTION 10. COVENANTS OF THE CITY. So long as any of the principal of or
imerest on the No[c shall fx outstanding and unpaid or until provision for payment of the Note
shall have been made pursuant to Section l3 hereof, the City covenants with the Lender as
fi~Ilows:
(A) Tax Comuliance. The City will take all actions necessary (i) W maintain the
exclusion from gross income of interest on the Note to the same extent as such existed on the
date of issuance of the Note and (ii) to maintain the dedunibility of interest expense incurred
b}• the Lender to carry the Note pursuant to Section 265(b)(3)(B) of the Code.
(Bl Budcet and Aonrooriate. The City covenants that it will, in each year while the
Note is outstandine, budget and appropriate sufficient Nan-Ad Valorem Revenues to make
payments of principal and interest on such Note as they become due.
Such covenam and agreement on the pan of the City [o budget and appropriate such
amounts n( Non-Ad Valorem Revenues shall be cumulative to the extern not paid, and shall
continue until such Non-Ad Valorem Revenues or other legally available furls in amounts
sufficient to make all such required payments shall have been budgeted, appropriated and
actually paid. Notwithstanding the foregoing covenant of the City, the City does not covenant
to maintain any services or programs. now provided or maintained by the City, which generate
Non-Ad Valorem Revenues.
Such cocrnam m budget and appropriate dxs not create any lien upem or pledge o(such
Nun-Ad Valorem Revenues, nor dxs it preclude the City from pledging in the future its Non-Ad
Falorem Revenues. nor does it require the Ciq~ to levy and collect an}' particular Non-Ad
~'alurem Recenucs. nor does it give the Lender a prior claim on the Non-Ad Valorem Revenues
as opposed to claims of General creditors of the City. Such covenant to appropriate Non-Ad
~'alnrem Recenucs is subject in all respects to the papnent u( nbligatiom secured by a pledge
u(wch Non-Ad \:dnrcm Revenues heretofore or hereinafter entered into lincludine [he payment
progeny of or in the City other than the Pledged Funds in the menner provided in .his
ordinance.
(J) The Cit}• does not expect to issue more than ten million dollars in tax-exempt
obligatioru during the calendar year ending December 31, 1995.
SECTION 4. ORDINANCE TO CONSTITUTE CONTRACT. Inconsideration of the
acceptartce of the Note by the Letder, this ordinance shall be deemed to be and shall constitute
a contract between dte Ci[y and the Lender. The covenants and agreemems set forth herein to
be performed by the City shall be solely for the benefit, protection and security of the Lender.
SECTION 5. AUTHORIZATION OF NOTE, PROJECT AND REFUNDING. The
Project and Refunding art: hereby authorized and, subject and pursuant m the provisions of this
ordinance, the Note is hereby authorized to be delivered to the Lender as eviderce of the
obligation of the City to pay [o the Lender the sum of not exceeding the aggregate principal
amount of One Million Two Hundred Thousand Dollars (51,200,000) to be applied to pay
Project Costs and Refunding Costs. Until expended to pay Project Coss and Refunding Costs,
the proceeds of [he No[e shall be invested only in Authorized Investmems.
SECTION 6. DESCRIPTION OF NOTE. The Note shall be payable to the Lender.
shall be dated the date of delivery; shall be in the denominations; shall mature on such dates,
shall bear interest at tbe Stated Rate payable at the time; all as shown on Ezhibil 8 herein. The
Note may be issued all at one time or in installments from time to time.
The Note shall be executed in the name of the City by the Mayor or Vice Mayor, and
attested and counlersigrted by the City Clerk, and the seal of the City or a facsimile thereof shall
be affixed thereto or reproduced thereon. The Note may be signed and sealed on behalf of the
City by any person who at the actual time of the execution of such Note shall hold such offices
in the City, although at the date of such Note such person may not have peen so authorized.
The Note may be executed by the facsimile signatures of the Mayor or Vice Mayor or Cily
Clerk, so long as the Note bears one manual signawre.
The Note may be prepaid in whole or in pan prior to their stated date of maturity, at the
option of the City, as provided in Exhibit B. The principal of and interest on the Note shall be
payable in lawful money of the United States of America to the Lender at tbe address shown on
the atucbed Exhibit B or such other place as shall be agreed upon between the City and the
IAndcr.
SECTION 7. NEGOTIABILITY AND REGISTRATION: DESIGNATION UNDER
CODE. The Note shall be in fully registered form. No transfer of the Note shall be valid
unless approved by. and noted on the registration books maintained by. the City.
The City hereby designates the Note as a 'qualified tax-exempt oblieation" pursuant to
Section 2G5(b)(3118) of [he Gde.
e ~ ~ , ~w, :,. •,.,~.
CORRECTION
THIS DOCUMENT
HAS BEEN
REMICROFILMED
TO ASSURE LEGIBILITY
.~_~.
~~ ~ ~
_...._.w
.,,w,.
PfOPertY of or in the City other than the Pledged Funds in the manner provided in this
ordinance.
(J) The City does not expect to issue more than ten million dopers in [ax-exempt
obligations during the calendar year ending December 31 1995
SECTION 4. ORDINANCE TO CONSTITUTE CONTRACT. Inconsideration of the
acceptance of [he Note by the Lender, this ordinance shall be deemed to be and shall constitute
a contract between the City and the I-ender. The covenams and agreements set fotth herein to
be performed by the City shall be solely for the benefit, Protection and security of the Lender.
SECTION 5. AUTHORIZATION OF NOTE, PROJECT AND REFUNDING. The
Project and Refunding are hereby authorized and, subject and pursuant to the provisions of this
ordinance, the Note is hereby authorized to be delivered to the Lender as evidence of the
obligation of the City to pay to the Lender the sum of not exceeding the aggregate principal
amount of One Million Two Hundred Thousand Dollars (51,200,Opp1 to be applied to pay
Project Costs and Refunding Costs. Until expended to pay Project Costs and Refunding Costs,
the proceeds of [he No[e shall be invested only in Authorized Investments.
SECTION 6. DESCRIPTIGN OF NOTE. The Note shall be payable m the Lender;
shall be da[ed [he dale of delivery; shall be in the denominations; shall mature on such dates,
shall bear inerest at the Stated Ra[e payable at the time; all as shown on Exhibit B hereto. The
Note may be issued all a[ one time or in installments from time to time.
The Note shall be executed in the name of the City by the Mayor or Vice Mayor, and
a«ested and countersigned by the City Clerk, and the seal of the City or a facsimile thereof shall
be affixed thereto or reproduced thereon. The Note may be signed and sealed nn behalf of the
City by any person who at the actual time of the execution of such Note shall hold such offices
in the City, although at the date of such Note such person may not have been v~ authorized_
The Nute may be executed by the facsimile signatures of the Mayor or Vice Mayor or Citv
Clerk, so long as the Note bears one manual signature. -
The Note may be prepaid in whole or in part prior to their stated date of maturity, at the
option of the City, as provided in Exhibit B. The principal of and interest on the Note shall be
payable in lawful money of the United States of America to the Ixnder at the address shown on
the attached Exhibit 6 or such other place as shall be agreed upon between the City and the
IAnder.
SECTION 7. NEGOTIABILITY AND REGISTRATION; DESIGNATION UNDER
COUL•. The Note shall be in fully registereJ form. No transfer of the Note shall be valid
unless approved by. and noted nn the registration books maintained by, the City.
The Chy hereby designates the Note as a "qualified tax-exempt obligation" punuam to
Section 2GS(h)(31(li) of the Cnde_
.~~ ~ 111'.-i~: ,, nn~A eMlr }
I l 11w, :n „~,
SECTION 3. FINDINGS. It is hereby Cound, declared, end determined by the
Commission:
(A) It is necessary, desirable and in the best interests of the City and its inhabitants
[ha[ the Ciry urxlcrtake the Project and the Refunding, which Project and Refunding serves
essemial public purposes of the City.
(B) Thr City is without adeyua[e curtently available funds to pay Project Costs and
Refunding Costs, and it is necessary that funds be made immediately available to the City in
order to undertake the Project and the Refunding.
(C) The City requesred proposals from various lending institutions to provide the City
with the necessary financing for the Project and the Refunding.
(D) The proposal of the Lender was determined to be the lowest and bes[ of the
proposals submitted.
(E) Pursuant to the Lender's Official Bid Proposal, the Lxnder has aereed to lend the
City the principal amount of not to exceed One Million Two Hundred "thousand Dollars
(31,200,000) in return for the Note.
(F) It is in the best interest of the health, safety, and welfare of the City and the
inhabitants thereof that the Ciry covenant to budget and appropriate from the Non-Ad Valorem
Revenues amounts sufficient to repay the principal of and toreros[ on the No[c when due.
(G) The Ciry currently receives the Non-Ad Valorem Revenues. and is legally entitled
to covenant to budget and appropriate from such Non-Ad Valorem Revenues sufficient amounts
in each Fiscal Year to pay the principal of and interest on the Note, when due. subject to any
prior liens or encumbrances on such Non-Ad Valorem Revenues. whether now existing or
hereafter created.
(H) 'rho Non-Ad Valorem Revenues are estimated w be sufficient to pay the principal
of and interest on the Note as the same becomes due and to make all other payments required
to be made from such Non-Ad Valorem Revenues by the terms of this ordinance or other
instruments tr~ which the City is a party or pursuant to which all or any portion of the Non-Ad
Valorem Revenues may be oblieated.
(1) "f he Nrne shall nut constitute a general obligation or indebtedness of the City as
a "tend" within the meaning of any provision of the Constitution of the State. but shall be and
are hereby dulared w Fx special. limited obligations of tM City, the principal of and interest
on which arc payable solely from the Pledged Funds in the manner provided herein. The
principal o(and interest on the Note m be issued pursuant to the provisions n(this ordinance and
all other payments provided fur herein, will be paid solely from the Pledged Funds, and it will
never be ttecessap~ ur authorized u> levy razes on any real property n( or in the City to pay the
principal of or interest on the Notc or other payments provided for herein. Funhermore, neither
the Notc nor the interest thereon, shall tx; or constitute a lien upon the Project srr upm any other
~_.. , ~~ ~. ,. ,. ,,,.. „~~, : ~ ~ ~ n „~,,,,,,
"Non-Ad V;durcm Revenues" means all of the revenues of the C ity derived from sources
other than ad valorem taxation atal legally available to pay principal of and interest on the Note
whject nt any prior liens or encumbrances on all or any specified portion thereof, whether now
existing or hereatier created.
"Note" means the promissory note of the Ciry to [he Ixnder in substamially the form
attached hereto as Fzhibit A with such modifications thereto as may be approved by the Mayor,
upon the advice of the City Attorney and Bond Counsel, such approval w he presumed by the
Mavor's execution thereof.
"Participation Agreement" means the Participation Agreement between the City and [he
first Municipal LAtan Council dated as of August 25. 1986, as amended and particularly as
amended by the Second Amendatory Participation Agreement dated as of May 31, 1989.
"Pledged Funds" means the Non-Ad Valorem Revenues budgeted and appropriated by
the City for the payment of the Nnte.
"Project" means, collectively, the (i) conswction and renovation to the Public Safety
Building. liil constmction of certain park improvements, and (ii) construction and renovations
a, the City's Lifeguard Huilding, all located within the boundaries of [he City.
'Project Costs" means all or a portion of the cost of acquisition and conswction of the
Project: engineering, legal, accounting, and financial expenses; expenses for estimates of costs
and of revenues: expenses for plans, specifications and surveys; fees of ISscal agents, financial
advisors or consultants; administrative expenses relating solely to the acquisition and construction
of the Project; reimbursement to the Ciry for any sums heretofore expended for the foregoing
purposes: and such other costs and expenses as may be necessary or incidental u, the financing
nl the Project.
'Befutxled Obligation" means the Ciy's outstanding obligations under the Participation
Agreement in the original pritx;ipal amount of 51,871.000, originally dated August 25. 1986 and
currently outstanding in the amount of 5652.135.
"Refunding" means [he providing of funds (or the refinancing of the halloon payment
coming due on the City's Refunded Obligation.
"Refunding Costs" means the cast of the Refunding. mgether with the legah financial.
acammine and other expenses incurred by the City m connection with the Refunding and with
:un other expenses necessary or incidental thereto.
'Registrar" means the Director of Finatxe of the City or such other registrar as the City
,hall de,ignate to maimain the registration bcroks of the City with respect m the Notes.
tiinAing I~und" means the fund created and established pursuant to Secuun 10(FI hereof.
StatcJ Haic' shall mean the interest rate shown on lizhibi[ H hereto.
. •111i r rr Nr.'. r. riVl~: ~
,~ 11 Iv% IniYnn
ORDINANCE NO. 35-95-10
AN ORDINANCE OF THE C[TY OF ATLANTIC BEACH, FLORIDA,
PROVIDING FOR THE REFINANCING OF A BALLOON PAYMENT ON
THE OUTSTANDING CITY HALL LOAN TO THE FIRST MUNICIPAL
LOAN COUNCIL AND FINANCING CERTAIN CAPITAL PROIF.CTS
WITHIN THE CITY; AUTHORIZING THE BORROWING OF NOT
EXCEEDING $1,200,000 FOR THAT PURPOSE; AUTHORIZING TILE
DELIVERY OF A PROMISSORY NOTE IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT EXCEEDING $1,200,000 TO EVIDENCE THE
OBLIGATION OF THE CITY TO REPAY SAME; FIXING THE FORM,
DATE, MATURITY, AND INTEREST RATE WIT}I RESPECT TO SUCH
NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION
WITH THE DELIVERY OF SUCH NOTE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAI;VED BY THE CITY COMMISSION AND ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SEC77ON L AUTHORITY FOR THIS ORDINANCE. This ordinance is adopted
pursuant to the provisions of Chapter 166, Patt II. Florida Statutes, and other applicable
provisions of law (the "Act")_
SECTION 2. DEFINITIONS. The following terms shall have the following meanings
when used in this ordinance unless [he context clearly requires otherwise. Words importing
singular numbers shall include the plural number in each case and vice versa, and words
impening persons shall include firms and corporations.
"Authorized Invesvnents" means any obligations, deposit certificates, or other evidences
of indebtedness legal for investment pursuam to law, to the extent not inconsistent with the [erms
n( the investment ptlicy of the City and applicable law.
"City" means the City of Atlantic Beach, Florida.
"Ctde" means the Internal Revenue Code of 1986, as amended from time to time. and
includes the applicable regulations thereutder.
'Commission" means the City Commission, as the governing body of the City.
Federal Securities" means direct obligations of the United States of America.
"Lender" means the hank or other institutional im~estor described in Exhihit B, attached
hereto. making the loan to the City pursuant to the terms of this ordinance. and upon the terms
:urd conditions set fi[nh in Exhibit B herein.
a
~a
C
~'
O >
~ ~ C
V ~
~~~
'~ ~ <
~ E pe
Q o >
o > a
~' V
~~~
~~
m ~
<~g
~
Z
~ ~ ~
3
i
J`' N
$ yam
~ '°
~°~
~ ~
3 ~
R ~ ~
F
S >Y F ~ 53 ~ 'g
a g
_• N
~ i o
~ =
~
a ~
M a
et .. p
g ~
~ 8 n ~
" N a
F ~ ~
O
n ~ w N N ~
y
8
s
~~
~ ~
~
ti 6 ~~
~9 s '~ s ~
~
'
- o
» ~ `~" ~ ~ ~ ~ w i
:. w m'" ~ x o
~ ~ ~
N 8
~
H ~
4
~ O O N
M ~
nFn N 3
N N M
-r'
g r
~ 6 ~
3
a
Q ~
a o
~
» «
y
? 'i...
, i
_'_
~
l
~ .
:'~-
a
~ : i
T
i
~ ~~ a
QQ
< ~e
¢
an $~ ,
v ~~ F~
Q~
a
s
Y
3
i
a
€~
3'
`~~~~~ SId 8.1d JIU.lT SOSS EtY lOta LS:07 S!~
TZ; TT
11~21~G5 15:1Q Q~07 BiB SSOS FGCMC PL'B FI8
CNy of Attu~tlc BaiCA, Florida
Gananl Gwennelrt CaPMaI ieyXOYanaMg
BacunM try Noe Ad-vabrem Rersduac
Summon of Theta ^1 Ya_ ~ -- -
Amourd f325,000 WA 5325.000 5325.000
tnh7nt Routsl 0.68% WA 5
25%
. 5.38%
p~YntMt
~Y NO"° WA None None
Addl8onal
Bonds Twt not 0lovided WA
not PNVidad
llot proyN¢d
CloslnB Cosh f0 N/A Sa,i37.50 Sp
~~iY
Piympet 59,726.03 WA 59,777.06 f9,798.09
Trial Daht
9arrka 5350.737 WA
5357,p7a
5352,658
F~iraUpi WA WA not tiindinp WA
nl Fnc ~'em.a ea no:.eMdr city. ~aoat a+r arlnf.wrw AWi~pr.
W e~t~ar. rw ee.a..A
n
e B:7 a~anr0 nor npus,.e.
~
.
b ~.lw . wa.xe r....ta..
®U02
onwne cy ryr uxon ~aorr y„e.s
GENERAL FUND HIGHLIGHTS
Property Taxes - A one time .6 mill increase in property taxes which was
adopted in 1994/1995 for the acquisition and funding of City Parks was
removed. Also, the City's 1971 General Obligation Bond was paid off in
1995. No debt service millage is levied in the 1995/1996 fiscal year. The
proposed 2.9221 millage for the 1995/1996 fiscal year represents an 24%
decrease from the prior year's millage of 3.8693.
General Fund Expenditures are budgeted based on maintaining the City's
existing levels of service without enhancements or betterments.
Financed Capital Expenditures -The following Capital Expenditures are
proposed to be financed through a 3 year lease purchase. The proposed
proceeds from the lease purchase are reflected as Debt Proceeds in the
General Fund budget.
Building Official Vehicle S 13,000
Code Enforcement Vehicle S 13,000
Police Patrol Vehicles - 4 S 78,000
Pickup Truck -Park Maint. S 13,000
Riding Mower -Park Maint. S 13,000
Imaging Hardware -City Clerk S 20.000
5150.000
The following Capital Expenditures are to be financed long term in a
51,300,000 combined program which includes the refinancing of City Hall
and other projects included in the Capital Improvement Fund:
General Fund Renovations to Lifeguard Building S 40,000
" Refinance of City Hall S 652,135
Capital Imp. Fd. Renovations To Public Safety Building S 237,865
" 800 MHTZ Radio System S 150,000
" Park Improvements S 220.000
S 1.300.000
Personal Services - The following new position is included in the
1994/1995 General Fund Budget.
Part Time Secretary -Police
S 20,000 has been budgeted for a park plan for the Tresca property, a park
which borders the Intracoastal Waterway. S 10,000 of the study is funded
by a Florida Inland Navigational Grant.
Memo Page 2.
On November 10, 1995 the City received bids from Barnett Bank, First Union
Bank, Southtrust Bank and SunTrus[ as summarized by the financial advisors on
the attached pages. Copies of the bids are on file in my office for your review.
NationsBank declined to respond based on the City's security position.
Barnett Bank was the low bid on the lease/purchase with an interest rate of
4.89%. First Union provided the lowest bid for the loan based on an interest rate
of 4.64%; however, the First Union proposal included a 2% prepayment penalty
and more stringent loan covenants than the second lowest bidder SunTrust.
SunTrust's interest rate is a stepped rate which ranges from 4.40% to 5.65%
averaging 4.94% over the life of the loan, with lower interest rates in the first
years of the loan. SunTrust has no prepayment penalties, which is a consideration
should the Commission decide not to do the park projects or should the
Commission decide to prepay any portion of the loan. The SunTrust bid also has
more favorable loan covenants in terms of future borrowing ability. Therefor, the
Suntrust bid is recommended for the general government loan financing.
The request for bids also required that the financial institutions quote a loan based
on a fully funded loan (Droceeds are received up front) and a draw down loan
(funds are drawn down as needed.) The financial advisors have recommended
using a fully funded loan since the City's interest earnings are in excess of the
interest rate on the loan and the City would be allowed to retain the earnings on
the invested loan proceeds.
The City's financial advisors and bond council will be at the November 27, 1995
Commission meeting to discuss the financing bids and answer questions on the
loan ordinance. Please feel free to call me at (904) 247-5807 or the financial
advisors, David Kasdin (407) 649-5164 of Mark Galvin (407) 649-5504 if you
have any questions regarding the general government financing.
~ CITY OF
~ r1A/a«tre $eruk - ~lestda
MEMORANDUM
Date: November 21, 1995
To: Jim Jarboe, Acting City Manager
Mayor and City Commission
from: Ann Meuse, finance Director ~~~
i
~~.~ sewsur.r: e. ,:w
:. n.uTU~ ar:nru. et uewa a~r.:~.r,r ir,
t~err:vw st;,~~a~ ~a:.:.ua
eas iwa ~ xaa-s~w~
Subject: Request For Bid -General Government Financing
On November 2, 1995 the City requested bids for the financing of the following
general government projects as identified in the 1995/1996 budget on page 14.
The general government building and park improvements and the refinance of City
Hall were designated as a loan to be repaid over 10 years. The 800 MHTZ radio
system and vehicles which have a shorter useful life were requested to be bid as a
3 year lease/purchase.
Loan:
Refinance City Hall Note S 652,135
Renovations to Public Safety Building 237,856
Renovations to Lifeguard Building 40,000
Park Improvements 220.000
51,150,000
Lease/Purchase:
800 MHTZ Radio System S 150,000
Purchase of Vehicles & Computer
Hardware 150.000
S 300,000
Included in the loan are 5220,000 in park improvements. Although the City
Commission has not made a determination to do park improvements at this time,
the funds will be available if needed. Should the City Commission decide not to do
the park improvements, the unused funds would be used to reduce the principal on
the loan.
~~
SECTION 2. The CNy shah provide oversight, , tectsdcal
assistance and iNumctal responaibiiy for the program. The eakrad for COBG
funds shah be bdvreen the CNy of Atlantic Beach and the City of JadooirviNe as
estatiNahed by the Interbcal agreement. Payment requests shal be processed by
the CNy of Atlantic Reach and rsinlWNSemMRS from the City of JadaorMNa shah
be made to the City of Atlantic tbach.
SECTION 3. This arrenpentent may be cortiaa~d it subsequent contract
yeah try Resakndon of the CNy Commission of the CNy of Atlantlc Seaeh.
Adopted by the Gry Carsrtsaion of the City of Atlantic Beach tNs znh day or
November, 1995
Lyman Fletctler, Mayor
Approved as to form and correctness:
Alan C. Jensen, Cly Attomoy
Attested:
Maureen King, City Clerk
RESOLUTION
95-44
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
AUTHORIZING THE DONNER COMMUNITY DEVELOPMENT
CORPORATION TO ACT AS THE CITY'S AGENT IN THE
ADMINISTRATION OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM; SETTING OUT THE AREAS OF
RESPONSIBILITY OF THE CITY AND OF THE DCDC.
WHEREAS, The City Commission of the City of Atlantic Baach recognizes the
abilities oT the Donner Community Deveopment Corporation to enhance public
participation in the revitekzation oT the Donrrer Subdivision nei~borhood, and
WHEREAS, The City Commisson of the City of Atlantic Beach desires to support
the Donner Community Development Corporation fry providaig additional
e~erience in the administration of grant monies, and
WHEREAS, The Donner Comrniaiity Development Corporation has proposed to
the City that it be permitted to provide the administration of the Ctty,s CDBG
Rehabiltation program Tor the 19951!996 budget year,
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. The Donner Cortmwitity Development Corporation is
authorized to act as the Project Administrator of the Community Development
Block Grant Rehabilitation Program of the City oT Atlantic Beach. Project
Administration shah constitute:
a) The development of proposed budgets for submittal to the City
Commission,
b) The processing of applications for rehabilitation,
c) The coordination of inspeMbns of worts sites,
d) The preparation of bid documents, per Chapter 2 of the Code of
Ordinances of Atlantic Beach,
e) The preparation end submittal of payment requests to the Cily, per
the es[abkshed purchasing policies of the City of Atlantic Beach,
f) The preparation of monthiy and year end reports on the progress of
the program.
Donner Community Development Corporation
P. O. Bo:626 Atlaotie Beach, FL 32233
November27 1995
To: MayorLyman Fletcher&Commissiowrs
City ofAtlantic Beach
Re: Admieistntorof1995-1996CDBG Funds
From: DonnerCommurtity DevelopmentCorporatic.n
Tl~e DonnerCommunity Development Corporation isrequesting toadminister CDBG (undsallocated b the
CityofAtlantic Beach.
I. The DonnerCDC will overseeall expendituresand projects planned using CDBG Funds.
2. We will adhere b all guidelines requested by the City ofAtlantic Beach b ensure these fundsare
expended and managed appropriately.
The UonnerCDC has had an activeroll in managing previousCDBG funds and have establishedagood
track record . Managing these funds will allowihe DonnerCDC to readilyacquire outside funding.
Si ly,
tiharette Simpkins
DonnerCDC
a: Jim Jarboe. l)epun City Manager
Givrge Worley, ('itc Plana-r
banner ClJC' Bourd
m~PortantN, d wiN allow them to demonstrate to potential grant providers that they can
aftedively imWemem a grant program.
Support from the City is an inMwrtark part of this
Proposal llie rile ot,4~~...
C~wts orovi~i~e h. .
rhB ~ ofof ~a-~uam. The DCDC wis ad not as a recipierrt
of those funds as m the past, but, as an a
program. 9eM of the Oily for the aarriirastration of the
Staff recommends approval of this request by the Dormer Commlmlty
Devel°Pment Corporation by the adoption of the attached Resolution 85-44, which sets
oiR the general 9uide6nes for implememing the program and identifies the areas of
resPonsibiMy of the City and of the DCDC.
ATTACHMENTS:
t) letter from the Donner Community DevebpmeM Corporation
2) Resolution 85-44
REVIEWED BY CITY MANAGER: .i L r' ~
AGENDA 17EM NO.
a.Y _.,f _:.~
AGENDA ITEM: CDBG Administration
SUBMITTED BY: George Worley II, Community Development Director G U~
DATE: Nevember20,1995
BACKGROUND:
For several years [he City of Atlantic Beach and the Donner Community
Development Corporation has closeN cooperated nt the development of the application
and budget for Community Development Block Grant funds available through the City of
Jacksonrville HUD. During that time the DCDC has proven eMremey helpful in liaison with
the residents and with the caMractors.
The DCDC has recency approached Staft about increasing their participation in
the administrative aspect of our CDBG Rehabilitation program. In conversation and in
the attached letter the DCDC has proposed that the City Commission authorize them to
act in the capacity of project administrator of our CDBG program. This would entail the
development of projects and budgets for the ne>Q contraM year, the preparation of
applicant lists, the scheduling of inspections, the preparation of documents for bidding
and the processing of reports and payment requests from contractors. The Cify staff will
provide assistance as needed and an oversight role oT these tasks. By the provisions of
the interlocal agreement, [he CDBG contract must be between the City of Atlantic Beach
and the Cdy of Jacksonville, and all financial transactions must be handled by the City.
The DCDC will perform the preparation work, including obtaining price quotes, solicding
bids, and submittal of payment requests and reports. These will be reviewed by Cily
staff and processed by the Finance Department as arty other city transaction. The Cdy
Manager or his designee (cumenty the Community Development Director) will provide
technical support, daison with the City of Jacksonville, and an oversight role.
RECOMMENDATION:
The proposed process produces several benefits for both the City and for the
DCDC. This program was established five years ago to provde help to eligible citizens
of Atlantic Beach in need. The program has been very successful, but a neighborhood
based approach is necessary to ensure the long term success of the program.
Neighbomood participation is [he key to maintaining the improvements long term. The
DCDC has shown that R has an active membership capable of long term commitment,
but the organization has missetl some funding opportunities because they are, as yet,
new and relativey untried in the administration of grants. This proposal will allow them to
benefit from the hands-on administration of a relativey large grant, and, more
`I f
f
N6S24
NB3"06'S0'E 56.19'
......~~
r I ~
l I
I ;~
r~
I I
~ .
I ~ I rrv
wi io g
. mr ii _ I.
V I
O
~
~~~
IN ._
g
I ~ I
~.
I
~~ i i
I
~
~
I
0
i
I Q d
K I
~
_
~
B
m~
4 _
~Q W
I
-u_/
(nV
I V
'y >5Y5 Z
~ I
~
w
I
.~ U
~@u
^ \
~J
)
~+
p
O I IJ
I
I /a
LOi 1
/\ i
V
lOr v
l
•~
t7
~
%S_.
~ Q I
I
~~ I
~ `' 4 l
-~~ i
~ 5a3'24'S0"W 132.06'
l A H E R N
(rau~+ nu+ macn
~$o'E sa3'za,5o'w 150:
PARCEL VI
2689.5 Ff't
~ .~,_~
T GYr
~ ~4~~t~
&~tfi
3
"+'F~t
f I.~ I
i $' i;
.: 2
1• \\\ I
~_
L
~~y
i
~~
~~
.~
~,
wr ~
wa
Y
~°
~^ ~
a ~, a
0
i :~
~ ~ ~~
o- : ~-
ho .,o
)_ Nh ~~_
~~ ~ p^
C~~ ~
~1~~
a
OL
zw
N~m"-
I
I ~ (UfpiN~ ~Lp.
G~ G noon IORL •Y•
oo~~__
I m=
(~ ~ g~~
I ~ ~z
°~° ~~
~ I,
i ~ w
Y
x ~ y- ~~
~'~~
I
..C C x C R,C
i
II
P '
9~
• ~~ '
W ~
er~~EllYwid: AmTV ~
~'-
t.
~___--
I
II
oio M
I
I
~I'p
~~ V
- ~ _ _ .~-~
a
Y ~ ~
._~.
Y'~
C
o~ ___ ------- -- -~.
o;
N
/V
C1
Y r?- ".
A FESGLUTION Oc THE [- _ _-
?L;)pi UA F.USHORI^'NG muv~ ._.., ... ..r.-.
ATTOrN i AN MAi Or ^J t r -~~ -~. •-
~•ECUSF. THE E'Y.CHAIi r=E OE Pg~.:::2~.°.:• ~ , ,
EASEMENTS Fk GM TH, SE}~~-~;'~^. _~'~:.
w F:ER EAS. -i',.- i;l;:: aces not t.a~,f ~.-e.y~~ - _
_ ~ n- . -- _. ~ a,
aiickEAJ. a ma lcr cordon o2 the oave9F ~- ~- E-are
p
Ahern Si re<r and Frst Street 15
5 ,
!ween
.,".
.
~
.,.,
?a __.:. ^, I
__
_
-
~ ~~
WHEkEAS_ the Se- Tnr[le wcuid :1:?e -- ~
",'-nr
:
e '!
a
-
fer.cE - -
cnro tnF
.
Anern Si reei n
}
--
- sna
r,n rtlon of rs
:
,
c.
-;,~
c
i rG@ lln~'GP.r rn1, .. nuni_
anr
" -.,ure s ncooer-~.
-
, ... M
:.,
?V-
anc ..,. _....- ,-a.. .-.
ahEKEzs '.,_ sF~ Tur, , _ ,,
COST nc two Cf lis En L rC c - ~ ~- ~~Ow Dy
_.. rent. ~- 1. ~ ~ -' or, Ane_..
9CN mkgz°.^r'F.E BE ;T RESOL'JEU r?' "n'. .
~"` i :7r-ivle-_ ~•,
.
Ci TY OF ATi.ANTIC BEACH. Fi.GE_DA
AS =
~LG%:p ,;iv r.p THE
.
,
;
SECTi OC7 1. The City Manager ;s •i!r
n ~~~.-;7 rc rev, P:: the
ropused action= o' ai] ccr.cerr.ed
a
'
--
1
ten? L t!r:~n! s
~ Ali
cur cor2aro ,_
or;r:airrn .;li torwa~
~
,
.
J
a._. L4._ an•. CCnS..=-aC10G. _ - •~. '.. Ai .prLe roT
i:FCPa52r :' ~eea. aCC. cL Cc Ilia. -- r
_ .. ~ ~ ~ ~- ~-~ r.c
-
ac?u, sl ti m, of easements.
. .`L •. o.._
...
SEC: :ON ~ The Mayor Ss au!horz aF
Cor.riss on's Po;
n h :o car rv mit the
Lw
y sl an. n~ -
' -.. .e anCUm
pnCc ~~ -recd red by
-.'-• ` C. ~. o ,. ;'G;crtil. _: r.n o_ A.r;an'.r Fa
, .- - i
s
r
cvec~nc.. ,y ..
_~..
, .av r
:o:r:,.
1} ResWU[brY~41 j
2) Maps shovopertY P,a~rc~eQls~ antl axbs
REVIEWED BY CITY MANAGER: ' ~~
AGENDA ITEM NO. ~
AGENDA ITEM: Property exchange with Sea Turtle Inn
SUBMITTED BY: George Worley II, CommunRy Development Director (yl~i~
DATE: November 20, 1995
BACKGROUND:
Mr. Adeeb, owner of the Sea Turtle Inn contacted the Cily with a request to
exchange a tract of lend under his ownership for a smetl portion of the atreet erxi RigM-
of-Way of Ahem Street The trail of land which Mr. Adeeb proposes to give to the city
contains the west halt of the pavemerd of Beach Avenue between Ahem Street and First
Street. The property Mr. Adeeb requests in exchange is a portion of the right-ot way of
Ahem street which tles adjacent to his fenced dumpster encbsuro. This property wtll
alk>w Mr. Adeeb to a#end his fence to fatly secure the dumpster. Both parcels are
shown on [he attached maps.
In a separate, but, related matter, Mr. Adeeb has asked permission to Oiscontinirt
the use of one of the driveways on each s#e of the right-ot way of Ahern Street. The
driveways are currenty Iwrdered by planted areas which ie within the right-of--way. Mr.
Adeeb proposes to reconstruct the verbs to leave Doty one drivevray cut into each
parking lot.
In add'Rion to the above, Mr. Adeeb has offered to grant an easement to the City
to permit access to and maukenance of a storm water Wre that crosses the souttnvest
comer of his property and a portion of the newly constnuted meter vault
RECOMMENDATK)N:
Staff recommends that the City Commission approve the exchange of property as
requested by Mr. Adeeb wt>ject to atl legal documents being prepared by the City
Attorney, and to authorize through the attached ResotlRbn rxmrber 9543, the Mayor and
City Manager to execute those documents on behaK of the City. Staff further
recommends that the City Commission authorize Mr. Adeeb to reconfgure the curbs on
Ahem Street as shown on the attached sketch subject to his dose coordination with the
City Manager, [he Public Works Director, and the Police and Fire Chiefs
ATTACHMENTS:
yh
OCEAN § 12,000
Nandicap ramp
RUSSELL PAIUC ; 20,000
Picnic tables
Finish [vo-rail fence
Light Playground area
Light racquetball court
Benches
Beautification
Nev playgrom~d equipment
Na[er founwins
UN-NAKED PARK (Bounded by Sixteenth, Ocean L Seminole) S 4.500
Clear area (underbrush)
MISCELLANEOUS ; 10,700
Installation
Labor
e [c.
707AL: S 220,000
Atlantic lleacb Rec rea[iuu and Parks Advisory Board
Rec unnuended Nudget items for Park Imp rovemen[s
November 15.1995
BNI.I. PARK
Nev Playground ::quipmen[ .
Gazebo
Beautif ica[ion
Picnic tables
Trash receptacle
Bike rack
WNNER PARK
Water Founta ius
Tvo-rail fence
Beautification
Surinkler system
Benches
Grills
Volleyball court
Cuncreate fluor for shelter
Dug outs
Nev Playground Equipment
Trash reteprac les
Exercise trail
Bike rack
HOWELL PARK
Benches
Gazebo
Trash receptacles
Picnic Cables
Plan[ Iden[if ica[ion
Renovate bridges (as needed)
Material for [rails
Trail border
Create parking
Slgn
Ra lse pa[hvays
JORDAN PARK
LI Rh[s thougho ut park
Volleyball court
foncreac floor fur shelter
Slide for pl.a yground
Grass Seeds
24,000
f 32,000
110,01)
6,800
CITY OF A7LANTIC BEACH
TIY COMMISSION MEETING
STAFF REPORT
AGENDA: Acknowledge receipt of Recreation Advisory Board recommends for
Park Improvements
SUBMITTED BY: TSmmy Johnson, Recreation Director
DATE November 2I, 1995
BACKGROUND: In the 95-96 budge[ the City Commission approved 5220.000
for park improvements. The Boatd would like to bee the
attached improvements with these funds.
Staff recommends the same.
ATTACHMENTS: 1. Recreation Advisory Board recommendations for Park
Improvements
R F,V IF.W F.D BY CITY MANAGER: ~~~
r AGENDA ITEM NO. -~
~~:e: ~;ee e;ee XXe : ~~
momma mmoonvN mm~mrv
mOm~-O~~m('le N~ O
O ~ ~ O Ct O ~ ~ O O O O N N O O
m~ Xe :ee ~see~;e ;e ::ae:
O:~ b~ m n O rv O l7 e m m m O m m r N
ffDD m m n m rv ~ N ~ O ~ m ~ m m
7 ~ i N01~ON~mn1~1~~-~rym00
K
n 3 ~nmemmmm~.-ONmrnmm m
OON~mnC1~ NQ 2
O
Z ~','~ o
W
}i nomNn~mm~oO~o~oo rv QQ
Q Y~ m W
d mnorvmmmmo~o r
W W Q 3 i h A O N n N~ ~ m m m m h N
~ N e N
O ~ p m
W Q oy~ 5
O LL° s
V ~ J ~ ICJ
F ~ Q m = (/1
O $ ~ N
W Q~ ~ N f Y p i° M U 2
W W y4{y~y{~ g iJly~ ~'m~gLLV4~7 a o
YYUm m3 yy~ 73~toil~I J3g4 F d'
S
LL ~
Q J w
W ~ ~
m ~°Y ae ;e ~e ;e a~;e a~~;~;e,~;e: o
(~ ~ g' nmwNmrmnu~~`~mvNirvnm ~
~ vorn~n J
f N~men~m.-vi~ooonoo
J_ i U
Q .3 vn~moonrnnmmm~nm
J N ~ m e n N m ~ n ~ pa
F O
Q S
• i n' C, m N e m m ~- N O O ~ 0 0 0 Om
S
ONV OQ H~omN~mmmmmnO~
n S m Ul .D ~
K
O
m
J
F ~
O ~q] ~ `~ ~ ~° b' m
F < K~y5 f Y 2 ~, rn Uu 2
7 7" 7~~~~~ m` s w~ y
~~w ~ u mui~i+w ~ ~i a
~{y ~y ~ru ~y KK ~y ~J V F
f 's L' ILL u Z f N 5~ d> m> t3 F ~
a
~s
_~
~o ~~~~..~~~;~. e~:~. e .
" v~
aa ~,~BMS~mmo~So~,o$S
~ ~rv
m m .- m 0 0 0 (V O .- ry ~ ~ ~
x `2
' x N
s 2
F i Q
Z
W ~
e'e e'e ep e2
e
t X ee ee e`e~~eei i
'e
'e
pp
d~
e
e
~ 0 0 0 ~ ry W m (V m O m 0 0 0 O
O n h O O S O O O O O
~ m O m (V m ~ m m ~ 0 0 ~ 0 ~ 0 0
^ O
W a ~ moan rvm.-mm~oo~o~mo rv
O W S °'
W ~ a
7 Y m
~ J U ~ N Z 2
q w
F O ~ N a O Z~ W N U
F
'
' 0
N
Z LL
O J S
3] 2
W
W U
Q O ~, O m LL C Q
Q
W
Y J 7
O W
F
4Wq
U U
Q
U
~ N
~~~ N W U' U N U J
W J
_ p O O N W W 1Qy F W W _C W S 7 2
N U Q
LL ~ f Q
F ~ f R LL LL S f N~~= S m 1 U' f O
f
W
Q W p
°
W
m m
O J ~ _
w
W p
a
U F a N
~ o
F ~ J E c w
Z a
~ ~rv
n ~ ~
O
Q O ~ e[ et a2 :e eP eF a ..! :E a :e
~-
~
J
~ m--o~ryvm ry o
ooo
LL ~o vm~i .-rv$o.-ooo ~ rono~
Q O m ~ Om N ry O m N ~ ry 0 0 ~ 0 0 0
n <
x
h ~ ~ N N ry O m N ~ (V 0 0 0 0 0 O
P
P m
_
K
W
m
O N Z
Z
~ f
Q W N
O Q
< N F02 wm
Q
~ O W F ?
Q
2 O
~~
W
O J
~ m LL~
y N J
Q
O O~ 2 O Z W
~
~
2 J W LL W Q Q
U a Q W J Q J
J
QQi-
U
, p' U p
m
2 O
'- U
N S-
Q
W UN EJ-N ~. U. _U JU
00 WW J U GOO
O t~hWWp'w I7S
> W W W Q R Q~ p~ W J
.
N
~ m F 2
O m W
s W p
W~
~ s~~LLLLxfN?3d>m> E G ~ Jf~p
r p mNaO
CITY OF
fftlartle Seaelc - ~laatda
ATIMi1C IlE1CN FlREIRFSCLIE
850 SEMIHOIE ROAD
ATL0.~77C BEACH, FLORIDA J????
TEIF.PHONE (901) 2i9-5606
November 2l, 1995
TO. Jim Jarboe, Acting City ,Man/ager ~,
FROM. John Ruley, Fire Chief
REF: Monthly Report for October 95
Attached is a copy of the data from the run reports for the momh of October, 1995, and a
comparison of runs for October 1994.
In addi;ion you will see a report showing anent year 1995 az it compared to the totals for the
same time last year, 1994.
As indicated for the momh of October 1995 the Fire Resae Departmem responded to 90 calls for
service. This figure is about 2.2°o down from the same time last year (October 1994).
"fhe average response time for the month is about 3.2 minutes and is well within the normal
response tiny to calls within the city.
Comparing our total year to date figures with last years totals, you will see that our call volume is
down 2%
This month our calls for medical service is about 69% of our total call volume This figure is
slightly less then the 74% last year same momh. The fire call percentage for this month is about
8% which is about 2.5% higher then the same momh last year.
There were no major fire losses during the month
City of Atlantic Beach
City Commission Mecting
Staff Report
AGENDA ITEM: FIRE DEPARTMENT M~,O~N.T/HI.Y~ REPORT FOR OCTOBER 95
SUBMITTED BY: John Raley, Fire thief y"
DATE: November 21, 1995
BACKGROUND Attached is a copy of the Momhly report and fire report data.
RECOMMENDATIONS: To have this report part of the consent agenda Cor the November 27
comrttission meeting
ATTACHMENTS: Copy of Fire Department momhly report and fire report data.
RECEIVED BY CITY MANAGER:
AGENDA ITEM NO. ~J r~
. _. .. ...._.. ...~. __, _.._._;..i.~....., .aae ..
z - 3 ca E ~° t==5t3 Si7~~ p~c se a c-" yy~3gg s:
.. .. . ~ Ea .: E~::a ~i6_ ASR Cd G ~'_~~ Y@ ~.
e 's ~5 3°= oa e~ a, -
a p a~ z E ee ~ ~a
c` r s a a- a ~5~ ~e"_ °0c 3i ~ cep ~ ~~
z j : ~E ~~ Y ~74 S~i y 7 i Lq= .~ .-~~.
OCR 2 a tl~~ a~
7 g
5 k : a ~ is 33 a ~ ae~ ~ •a ~ 5_
' ~ ¢ ~~ a~ d~ ~3E "cs lea s3~s a a:~ ~ a¢
z ~r s gs :? @:e ~E i85 m~daqe = ~'5 ,~ _'
_ }
3t i
_ ~ _ '~ S: ~8 :e e 5 t g
- <~ Sd CP 8 '-•- ~E ~~a ~k Y7S iE ~ ~~ p i
z e: zi - 5 :a a g; ~
= -- a Ra ei i.Q ze o6= ~- EY ;~ eE
A ~eA K: ? ~b_ ~5 ~e
F: Lo L t
r ~,3 - J d' . - ie. JC ~ ~ ~S ~'.
of
r _ _ ~'E. a. ~ _~ c $
?' a ~}s ~ 3a ? i ~. °_e ~ S ~ 3
i
Minutes -Page 9
November 13, 1995
There being no further business the Mayor adjourned the meeting at 10:40
p m.
Lyman T. Fletcher
MayodPresiding Offiar
ATTEST.
Maureen King
City Clerk
NAME OF
COMMflS.
M
S v
Y V
N
Minutes -Page 8
November 13, 1995
i
NAME OF
COMMAS.
M
5 v
Y v
The question was called on the motion to appoint Conmvssioner
Rosenbloom as Mayor Pro Tem and the vote rewlted in a vote of 3-2 with
Commissioner Shaughnessy and Mayor Fletcher voting nay. The motion
carried.
6 Cip~ Ms°aeer Repo an -r Corresooodeoce:
i
Kim Leinbach, City Manager, rewmmended renewing [he Ciry's health
inwrance contract for an additional year with Blue CrossBlue Shield, since
they had not raised their rates, and the Commission wncurred.
Alan Jenseq City Attorney, bid farewell to Kim Leinbach. He indicated Mr.
Leinbach was the most professional, educated City Manager he had ever
worked with and he praised Mr. Leinbach's service on behalf of the City.
Commissioner Rosenbloom wished Mr. Leinbach well in his new endeavor.
He invited everyone to the Beaches Historical Slide Show which would take
place December 14, I S and 16, 1995 at the Adele Grage Community Center.
Commissioner Reed complimented Mr. Leinbach on his career al Atlantic
Beach. He inquired when appointments of Commissioners as liaison to
various boards would take place.
Comnssioner Shaughnessy wished Mr. Leinbach good luck in his future
career. She wggested placing liaison assignments on the next city
commission agenda. She announced she had been appointed to serve on the
Florida League of Cities board
Commissioner Meserve complimented Kim Leinbach on his past endeavors
as City Manager. He asked that a workshop be held for the purpose of
discussing the relationship between staff and the Commission, and to sel
forth rules of conduct and operation for commission members.
Mayor Fletcher set a meeting for Monday, November 20,1995 at &00 p. m.
to discuss the relationship between staff and the Commission, and the role of
the Commission He asked the City Clerk to place liaison appointments on
the next agenda He indicated presently there was an appointment to be
filled for a commission member to attend bid awards
Mayor Fletcher complimented Uave Simanofl; Beaches Leader, for his i
excellent and fair style of reporting city nrvs He indicated he felt Mr.
Simanoff was one of the best reporters he had worked with and he wished
Mr Simanoff good luck nn his new endeavor. Several people from the
audience also complimented Mr Sirnanoff
Minutes -Page 7
November 13, ;995
--~ Acceptance of low bid of Besth Construction Company, Int. In
the amount of 5680,000.(q for Water Treatment Plant #3
Improvements, pursuant to Bid No. 9495-16
Mayor Fletcher advised staff wished to withdraw this item from the
agenda
C. Reconsideration of appoiotment of Mayor Pro Tem
Commissioner Rosenbloom indicated he did riot fcel that adequate
information had been given to the new comntissioners regarding the duties of
Mayor Pro Tem. He read from "Roberts Rules of Order" regarding the
Chairperson being impartial, and he felt the Mayor was not being impartial
when, at the last meeting, he made a nontination for the position of Mayor
Pro Tem.
Motioo: Reconsider appointment of Mayor Pro Tem
Under discussion, Mayor Fletcher referred to the City's Charier and
indicated that as an elected official, the Mayor had a responsibility to the
citizens, and thus, he felt it was appropriate for him to make motions and
debate motions. It was felt by Commissioner Mesme that the appointmrnt
was voted on very rapidly before new comntissiontts realized what had
occurted. Mayor Flttcher explained the discussion of the upwming
appointment had been brought up at a workshop prior to the meeting.
Following discussion, the qumion was called on the motion to rewnsider
appoimmem of Mayor Pro Tem and the motion carried on a vote of 4 - 1
with Commissioner Shaughnessy voting nay
Motion: Nominate Commiuioner Roseobloom u Mayor
Pro Tem
Mayor Fletcher explained under the rules the existing nominee,
Commissioner Shaughnessy, was still nominated for the positron of Mayor
Pro Tem
A disassion ensued regarding the qualifications of Commissioners
Shaughnessy and Rosenbloom
Following diswssion, the question was caled on the appoiatment of
Commissioner Shaughnessy as Mayor Pro Tem and the vote raahed in
D3 with Commissaoers Meaerve. Reed, and Rosenbloom voting wy.
The motion fiikd.
NAME. OF
COMMAS.
M
S v
Y V
N
RESERVE X
REee x x
ROSENBLOOM X x
SHAUCHNESSY X
FLETCNER X
RESERVE X x
KEED x X
ROSENBLOO!i ( x
SNAUGHFESSY, ~ x
FLETCNER I ~ %
__ ~ 1
Minutes -Page 6
Kovember 13, 1995
Robert Freeman, Squire, Sanders & Dempsey, advised that adoption of
Ordinance I5-95-7 would not commit the city to the actual borrowing of
money, which would take place approximately in January, 199G. Mr.
Freeman indicated that the record should reFlect that Sun Bank had
submitted a better proposal than Barnett Bank
The question was called and the motion carried unanimously.
At this time there waz a brief recess from 935 p m. until 9:55 p. m.
5. Nrw Busines<•
A. Public hearing aed attioe oo a request fora Use-by-Euep[ioo
fdM by Richard Bell to operate se of5cr for Richard Bdl
Building Contractor io hia home at 1952 Beachside Court
George Worley, City Planner, explained Richard Bell desired to wnduct the
office portion on his contracting business from his home at the above
address. Only telephone and other typical office work would take place at
the residrnt. No outside storage was proposed, and no heavy construction
equipment would be parked at the residence Mr. Worley reported home
occupations of this nature were permitted by Exception in residential zoning
districts.
Mr. Worley advised that based upon the applicants expressed in[rnt to
wmply with Section 24-159 of the code, the Commurtity Development
Board recommended approval subject to the conditions of Section 24-159
(Section 24-159 attached herewith and made a part hereof- Exhibit B)
Mayor Fletcher opened the Floor for a public hearing and invited wtnments
from the audience.
Since no one wished to speak Mayor Fletcher closed the public hearing
Motion: Grant Use-by-Exception to Richard Bdl [o e,ESe
operate an office for °Richard BeU Building Coelractor^ HEED
in his home at 1952 Beachside Court subject [o the Hose
conditions of Section 24-159 of the Code (Section 24-159 ~SNnL
attached herewith and made a part hereof- Exhibit B) je~Ei~
COAhM1MRS I M I S I Y~ N
Following brief discussion the question was called and the motion carried
unanimously
Minutes -Page 5
November 13, 1995
The following people spoke concerning the city adopting Ordinance No. I S-
95-7. 1. P. Marchioli, 414 Sherry Drive, William McGce, 1831 Selva
Manna Drive, Curtis Sanders, 2320 Barefoot Trace, Dorothy Kerber, 365
I st Street North, Bob Gray, 2440 Mavpon Road, Julian Grevory, 1062
Ocean Boulevard, Ruth Gregg, 905 Sailfish Drive, William Gulliford, 7S
Beach Avenue, Dezmond Waters, 1835 Seminole Road, Hugh Matthews,
2261 Oceanwalk Drive, and Mike Bomo, 223 Oceanforest Drive. Some
of the concerns expressed were as follows.
...the Commission was urged to consider Alan Potter's suggestion;
...it was felt that if the bonds were approved the city might not have any
capacity for future borrowing;
... concern was expressed as to how the city would pay future payments if it
did not receive sufficient revenues;
...the city was urged to delay action in light of the complexity of the
matter.
Other comments in favor of adopting Ordinance No. I S-9S-7 were as
follows.:
... it was felt if the city did not move forward to address its problems
Environmental Protection Agency fines might be levied against the city,
.. it was felt that all the projects were of a critical nature and needed to be
addressed.
...it was pointed out that interest rates were favorable at the present time.
Since no one wished to speak further the Mayor closed the Public Hearing.
Motion: Adopt Ordinance No. IS9S7 oa its final
reading
A discussion enwed relative to adopting the ordinance versus pursuing a
bank loan. Alan Potter advised he had spoken with representatives of
Barnett Bank and they had indicated a willingness to work with the city. It
was explained if the city decided to pursue a bank loan new Request for
Proposals would have to be issued. With reference to the possibility of
pursuing a bank Ican (or a shorter term, it was felt that the City would have
to delete oneithird of the projects. It was felt that adoption of the bond
issue would give the City greater f]exibility than a shorter term loan.
Following discussion it was the consensus of wmmissioners that all the
projects were of a critical nature and that none of the projects should be
eliminated It was felt that the best option would be to accept the
recommendations of the financial advisor and begin work on the city's
infrastructure immediateW
NAME OF
COMMAS.
M
S V
Y I V
N
RESERVE I X X
REED X
RDSENBLDON. X i
SFAUGHNESSY X
FLETCRER X X
Minutes -Page 4
November 13, 1995 ~
NAME OF
COMMNS.
M ~
S Tv
AY V
N
AUTHORIZING THE BORROWING OF NOT EXCEEDING ~
51,200,000 FOR THAT PURPOSE; AUTHORIZ-NG THE DELIVERY
OF A PROMISSORY NOTE IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT EXCEEDING 51,200,000 TO EVIDENCE THE
OBLIGATION OF THE CITY TO REPAY SAME; FIXING THE
FORM, DATE, MATURITY, AND INTEREST RATE WITH
RESPECT TO SUCH NOTE; AUTHORIZING FURTHER OFFICIAL
ACTION IN CONNECTION WITH TAE DELIVERY OF SUCH
NOTE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance N'o. 35-95-10.
MESERVE x
Motion: Approve passage of Ordinance No. 3595-IO on REED x
first reading and set public bearing on November 27, ROSENBLOOH x x
1995 SHAUGHNESSY X X
FLETCHER X
Following a brief discussion the question was called and the motion carried
unanimously.
B- Ordinance IS-95-7 - Pobiie Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, PROVIDING INITIAL AUTHORIZATION FOR THE
ISSUANCE OF NOT EXCEEDING 524,5110,000 UTILITIES SYSTEM
REVENUE BONDS, SERIES 1996, OF THE CITY TO FINANCE
THE COST OF CERTAIN IMPROVEMENTS TO THE CITY'S
WATER SEWER AND STORM WATER UTILITIES; PROVIDING
FOR THE PAYMENT OF SUCH BONDS FROM THE NET
REVENUES DERIVED FROM THE CITY'S WATER SEWER AND
OTHER MONEYS; PROVIDING FOR THE MAKING OF
COVENANTS WITH RESPECT TO THE FIXING OF RATES, FEES,
AI\D CHARGES AND OTHER MATTERS IN CONNECTION WITH
SUCH BONDS; AND PROVIDING AIV EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 15-95-7, said
ordinance having been posted in accordance with Charier requirements He
opened the Door for a public hearing and invited comments from the
audience
Alan Potter, 3'74 Second Greet, read from a statement dated November
13, 1995, which he nassed out to the Commission (attached F.ereto and
made a pan hereof - F~hibit AI, which outlined an alternate plan to borrow
money from Barnett Bank
Minutes -Page 3
November 13, 1995
The question was called on the motion not to accept the agreement with Mr.
& Mrs. Cray and to do no Porther work pursuant to the agreement. Roll call
vote resulted in 3-2 with Commissioner Shaughnessy and Mayor Fletcher
voting nay. The motion carried.
Moton: Approve modifigtioo of 53.500.00 to fiuis6 the
16th Street dune ovenvalk subsequent to the owner's
consent for city workers to eater ou their property;
subject to having property. owners deed rsghtof--way or a
few inches of property to the city if the boards of the
project encroach on owner's property. The City
Manager and the Public Works Director will work with
Mr. & Mrs. Gay to rnmpkte the project. 1n the event the
esistiog eoaerete bloetc wall should coWpse it wiU be
rcp4eed at the owner's a:pease
The question was called and the motion cartied unanimously.
~ode._: AS:N;v.:
A• AckuoMedge receipt of Public Works Status Report
B. Acknowku/ge nxeipt of Baildiog Dept Report for Ortober 1995
C• Adcuowkdge receipt of Code Enforcement Report for October
1995
D• Acknowledge receipt of Recrcatioa Dept FacOitia Usage Report
for Ortober 1995
E• Anchorite purchase of van for the Police Department pursuant
to the apeeifieatioua of Bid No. 9495-25 from Regency Dodgq at
a cost of SI7,ggq,0p
Motion: Accept Cooseat Agenda and approve those items
rlgnlrlag aCllon
No discussion before the vote. The motion carried unanimously.
g Action o° Ordiaaaees•
A. Ordinance No. 3595-10 -First Reading
AN ORDINANCE OP THE CITY OF ATLANTIC BEACH,
FLORIDA, PROVIDING FOR THE REFINANCUYG OF A
BALLOON PAYMENT ON THE OUTSTANDING CffY HALL
IRAN TO THE FIRST MUNICIPAL LOAN COUNCH, AND
FINANCING CERTAIN CAPITAL PROJECTS WITHIN THE CfIY;
NAME OF
COMMAS.
MESERVE
REED
SHAUGHNESSY
Ft.ercxeR
REED
MISTY IN
Afinmes - Paee_ ~ ~
November 13. 1995 NAME OF
- COMMAS.
M v
5 Y V
N
discussed. Reference was made to the minutes o(Augusl 28. 1991 at which
time the Commission voted not to spend more than a total estimated cast of
525,900.00. Reference was also made to an agreement dated November 2,
1995, that was reached between Nancy Gay, current renter ofproperty
adjacent to the walkover, Commissioner Shaughnessy, and Kim Leinbach
,
City Manager, which indicated the Ciiy would assume some additional
work. Commissioner Rosenbloom felt that since the Commission had
indicated their intent not to sprnd additional money on the project, that the
Commission should have been notified relative to negotiation of the
agreement with the Gays.
Commissioner Shaughnessy explained she had responded to a citizen
complaint. She indicated the agreement negotiated between the Gays was
done in concert with Bob Kosoy, Public Works Director, and Kim
Leinbach, City Manager.
A discussion ensued concerning whether or not staff would go over the
budget of S25,900_po if the agreement with Mr. & Mrs. Gay waz honored
.
During discussion it waz felt staff would not be able to honor the agreement
and stay within budget. When asked if the agreemrnt was legal, Alan
Jensen, City Attorney, explained if the owner of the properly did not sign the
agreement it was not binding. He added the only agreement the City
Manager would be allowed to sign that would be binding would be within
the boundary set by the Commission at its meeting of August 28, 1995
(S2s,9oo ooh
,
Motion: Commission does not accept the agnxment with RESERVE
REED
x I
I x
x
Mr. & Mrs. Gay, and sURis oot authoraed to do further ROSeI:aLOOn x X
work pursuant to that agreement SHADGHNF.S SY li
FLETCHER X
It waz felt by Commissioners that Hoff needed to have direction az to how
to complete the project. A discussion rnwed concerning what would be the
most economical method [o complete the project, and Bob Kosoy explained
the most economical method was az follows with reference to the wall
running north and south where the boards were on the outside, and the wall
running eas: ~. .d west where the boards were on the outside, continue
constructing the boards on the outside; with reference to the wal! running
cast and west where the boards are on the inside, leave the boards on the
inside alone N'hen asked his opinion on how much it would cost to finish
the project Bob Kosoy indicated it would take approxirnatek S 1,000 in
material and less than 52,000 in labor to complete the project
~11Nl.~TF.S OF THE REGULAR MF.EI'ING OF ATLANTIC BEACH
CIl'Y COMMISSION HF.LU IN CITY HALL, 800 SEMINOLE ROAD,
.A"1~ 7 I S PM ON MONDAY, NOVEMBER 13, 1995
PRESENT Lyman T Fletcher, Mayor
John Mesen~e
Tim Reed
Steve Rosenbloom
Suzanne Shaughnessy, Commissioners
AND Kim D. Leinbach, City Manager
.Alan C. lenseq City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Fletcher. The invocation was
followed by the pledge to the Flag.
L 1-pprovaf of the minutes of the Re¢u •r ommi• ion Meetiue of
November 7 1995
Motion: Approve minutes of the regular meeting of
November 7, 1995
The question was called and the motion carried unanimously.
2. Recognition of Vi~itors•
J. P. Marchioli, 414 Sherry Drive, requested that curb and gutters be
installed at Sherry Drive when paving took place, to which the Mayor
explained all infrastructure projects would be addressed at one time and that
the city would explore whether or not to include curb and gutters at Sheny
Drive.
Arlene Co:, representing Cloister Condominium Association, requested use
of the Commission Chambers to hold association meetings, to which the
Mayor responded that if the Chambers was available the Association would
be able to hold Their meetings and he asked Ms Cox to coordinate this with
Maureen King. City Clerk
Unfinished Business:
A. Discussion and related action in connection with the Ifith
Street orerwalk
Commissioner Rosenbloom reviewed recent action that had transpired
relative to the I Gth Street overwalk and he asked that the matter be
ME OF
COMMAS. _
M
~O
T
I
O
N -
s
E
C
O
N
D
v
O
T
E
D
Y
E
S 1
V
O
T
I E
D ~
N
OI
MESERVE ~ X X
(REED I
X
ROSENBLOOH X i
SHAUGHNE55Y X X I ~
FLETCHER I X I
I
1
I
I
~ f
i
i
~ _L ~
~- ,
Page 2 AGtiVUA November 27, 1995
Introduction and first readine of Ordinance No. 95-95-65, amending Chapter 24,
Zoning and Subdivision Regulations, establishing landscape requirements
New Business:
A. Authorize execution of contract between the City and Atlantic Beach
Ezperimrntal Theater (ABET) (Timmy Johnson)
B. Authorize execution of contract between the City and Atlantic Beach Athletic
Association (Timmy Johnson)
C. Authorize execution of contract betwcen the city and Beaches Habitat (Timmy
Johnson)
D. Authorize execution of contract between the city and YMCA (Timmy Johnson)
E. Ratify comram between the Ciq~ o(Atlantic Beach and Professional Fire
Fighters of Jacksonville Beach, Local 2622 (Jim Jarboe)
F. Accept bid of Beach Construction Company, Inc., for Water Treatment Plant No. 3
Improvements and Third Well at Assisi Lane, purwant to the specifications of Bid
No. 9495-16 (Bob Kosoy)
G. Authorize execution of proposal from Gee & Jrnwn Engineers-Architects- Planners,
Inc., for Public Safety Building Remodeling and Addition (Chief Ruley)
H. Appointmrnts to Cultural Arts Board (2) and Trce Conservation Board (1)
I. Approve Change Order No. I in the Atlantic Beach Wastewater Treatment
Plant Expansion Project m the increased amount of SI 1,967.69 (Bob Kosoy)
1. Action on the rewtttmendatior. of Pallans Associates to upgrade the city's
wmmunications equipmrnt to 800 MHZ (Chief Thompwn)
City Manager Reports and/or Correspondence:
Reports and/or requests from Ciry Commissioners, Ciry Attorney and City
Clerk
Adjournment
If any perwn decides to appeal any decision made by the City Commission with respect to arty matter
considered at atry meeting, such person may need a record of the proccedings, and, for wch purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based
Any pawn wishing to speak to the City Commission on am matter at this meeting should wbmit a
rcyuest to the City Clerk prior to the meeting For your convenience, fortes for this purpose are
available at the entrance to the Commission Chambers
CITI' OF A'CLAN"fIC BEACH
November 27, 1995
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regular Meeting of November 13, 1995
2. Recognition of Visitors:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONS[DF.RED TO BE
ROUTINE BY THE C17Y COMMISSION AND WILL BE ENACTED BY ONE MOTION [N
THE FORM L[STED BELOW. 7T~RE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. 1F DISCUSSION IS DESIRED, THAT ITEM WII.L BE REMOVED FROM THE
CONSENT AGENDA AND WQ-L BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION .4ND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
Consent Agenda:
A. Acknowledge receipt of Public Works Status Report (Bob Kosoy)
B. Acknowledge receipt of F'me Depanment report for October 1995 (Chief Ruley)
C- Acknowledge receipt of Parks and Recreation Report (Timmy Johnson)
Action oo Resolutions:
A. Adoption of Resolution No. 95-03 authoming acquisition of easements and
exchange of property with the Sea Tunle Inn and Restaurant (George Worley)
B. Adoption of Resoluton No. 95-04 authorizing the Donner Commurdty Development
Corporation to act as the city's agent in the administration of the Community
Developmem Rlock Grant program (Comm. Shaughnessy)
5. Action on Ordinances:
A Ordinance No 35-95-10
III PresemaGon by Financial Advisors relative to bids received for refinancing
omstandine city hall loan.
(ii) Award bid for IeaseJpurchase of vehicles, equipment and 8W Dt11Z radio
system
(iii) Public hearing and final reading of Ordinance No. 35-95-10 providing for the
rc-financine of a balloon payment on the outstanding City f1a11 loan
Imroduction and first reading of Ordinance No. 95-95-ra amending ('hapter 23.
~'eedaooa :lmendinc .Article IL Tree Protection
ALAN 1V. POTTER, SR.
Page ~
1 respectfully suggest that the proposed Capita! Improvements plan should be revisited and a priority
established that covers only 38,000,000 of"new mone}'' to be borrowed.
Importantly, front foot assessments for new "first-time" utility work in the Beach avenue area will
provide funds and will reduce the debt obligation by approximately 5800,000.
Accomplishment of sun•eys, engineering plans, regulatory permitting, bidding, and construction
work will corsume at least three years; maybe four or five years.
During the next several years, non-utility demands on the water and sewer revenues can be reduced,
proper front-foot assessments for new facilities established, and other business-like efforts
introduced. If this is accomplished, the lower priority utility work can be returned to the
construction schedule
If so, the water and sewer utilities can be placed on a proper "pay as you go"basis and the business
mistakes of the past put to rest.
[n sununarv, the proposed 30-year Revenue Bond Issue proposal is an tumecessary, unwise proposal
that will w'azte, via interest on debt, as much as S20,OOQ,000 of funds rightfully belonging to the
citizens of.4tlantic Beach, the Buccaneer Area, and the Oak Harbor area.
Restated, you have the oppomtnity and the duN to save 520,000,000 of interest for the benefit of the
citizens.
The citizens of our community deserve that the City Commission reject Resolution No. 95-33.
Respectfully,
Al N~tte~rs
ALA~i W. POTTER. SR.
Paee 3
In support of my position, I submit that the Revenue bond proposal consists of the follotcing:
PRINCIPAL At\R~UAL (P&I) TOTAL (30 Years) TOTAL Go rears)
ITE\1 A.\SO~NT ___ PAY:NENT PAYMENTS _ 1tiiEREST ..-..
Barnett Bank
Loan Payoff $10,000.000. 5719.472. 521,584,160. 511584.160.
A.B. Capital ,
Improvements 512,000,000. 5863.366. 525,900,992. 513,900,992.
A.B. Surplus
Borzowing 5 2.500,000. 5179,868. S 5,396,040. S 2,846.040.
SO;vt,'v1ARY 524.500.000. 51,762,706. $52,881.192. 528,381,192.
Please note that the total interest to be paid for using 30-year Revenue Bonds is I I S% of the
principal amount borzot`•ed.
The Revenue Bond route is a very unGiendly and costly road to travel.
There map be those among us rcho will say thzt 1 have no alternative plan to the resolution being
considered. Quite the contran~, my proposal, which is a money saving compromise. suggests the
follo~cing:
L Ctilize Bamett Bank financing to restructure the existing Line of Credit Loan from
510.000.000 to 518.000,000., and, to extend the term of the Line of Credit loan from 12-
}carsto IS-years.
2. Economic conditions for bortoH'ers (measured against the 30-year Treasury Bills rate)
indicates that the J.3 i% interest rate would remain unchanged.
3. Pacmcnts required to retire a I5-tear 518,000,000 debt (if fully disbursed) would be:
.\XXUAI. PAY\1EN'! S 1,740.000.
TOT.V, P:\Y)1ENT5 (IS Yearsj 526.100,000.
'lOTAI. PRIXCIPAL (li Ycars) SIS.OOG.000.
"fO f.V, IN"fEREB'!(U Ycars) 5 8.100.000.
24T1O: INTEREST/ PRINCIPA I. 45%
:\L:\\ \\'. PO'1TGR. SR
Page 2
In my opinion, my record of experience in the water and sewer utilities industry qualifies me to
discuss the issue before the City Commission and to provide information worthy of ywr
consideration.
As a member of the Atlantic Beach Water and Sewer Committee, 1 was instrumental in creating the
"510.000,000 Line of Credit Loar." with the Bamett Bank. This Line of Credit Loan was executed
only twenty-nine months ago and, to date, has not been fully utilized. The "closing costs" chazged
by the Barnett bank were only 551,000. The interest rate is only 5.35% on the outstanding
principal.
The 6amett Bank loan agreement provides for issuance of additional loans by the Bamett Bank
and'or other lendea. Importantly, the Bamett loan provides for the use of pledged utiliq~ surplus
revenues (or utility s}'stem repairs, replacements and improvements.
"fhe loan agreement calls for amoniution of the 51 Q,000,000 principal over twelve years beginning
July 1996. The Bamett Loan provides for the following:
PRINCIPAL ANNUAL TOTAL p? nears) TOTAL pz Years)
ITEM __. Ab1OUNT _ PAYb1ENT _. PAYMENTS ._ INTEREST _ _
Bamett
Loan 510,000,000 51,126,034 SI3,5I2,417 53,512,417
Please note that the total interest to be paid is onl}~ 3S% of the principal amount borzowed.
'fhe 6amett Bank loan is a very friendly loan from a cen~ Giendly bank.
The resolution before the City Commission is for the issuance of $24,500,000. of Revenue Bonds,
at an es[imated interest rate of 6.00%, payable over a thirty year period.
~fhe issuance costs of this revenue bond issue (all up-front and off the top) will be approximately
S 1.000,000. The issuance cost will be paid by Atlantic Beach to the bond underwriters, the bond
attomecs. the bond insurance company, the accowmants, and the consulting engineers. Additionally,
there will be fees paid to the fiscal agents.
It is this resolution and the associated revenue bond issue, and the costly bond issuance expense,
that 1 oppose and respectfully request that the Ciq' Commission reject.
ALAN N'. POTTER, SR.
374 Second Street
Atlantic Beach, Florida 32233
November 13, 1995
Ci« ~ of.4tlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
A"I-I'N: Mr. Lyman Fletcher. Mayor-Commissioner
Ms. Su~nne Shaughnessy, Commissioner
Mr. John \lesen~e, Commissioner
Dlr. Tim Reed, Commissioner
Mr. Steve Rosenbloom. Commissioner
Re: Proposed 524SG0,000 Revenue Bond Issue -- Resolution 95-33
Dear Commissionen~
I am ALAN N'. POTTER SR., 374 Second Street (have been a resident of Atlantic Beach for a
period ofthirty-seven years.
During this period, (have sen~ed on the Zoning and Planning Board, the Code Enforcement Board,
and the Rater and Seaer Committee.
My years of continuous residency in Atlantic Beach, along with my service on appointed boards and
committees. clear)}~ identifies and confirms my standing (or speaAing on the public issue being heard
at this time.
hor the record, 1 am a registered professional engineer in the State of Florida. I hate been licensed
by the State (or forty years and have been actively engaged in the practice of Civil Engineering, with
a specialty of land development (i.e., water, sewer, storm drainage and paving) for the full forty
years.
:11so, for the record. 1 have been presented to and accepted as an "expert" in civil engineering by
Federal Uistria Courts, h}. Florida Circuit C'ouns, by the Florida Uicision of Administrative
1 icarmgs. and b}' the Florida Public Sen~icc Commission.
.\dditiunally. I have been engaged iu the ownership, design, financing, construction and operation
of water and sewer utilities systems for a period in excess of thirty years.
[; 1
U~"~~,
Ce rnm
~... Z,~ -r-u
~ ~ _~
a~
Tire Rim vIIaY...
l( ~Ai~%<
~3 ~,,~a
CITY OF
Jf~larlie b"taak - ~loaida
l90 sENIVOLE ROAD
ATI.A.VTIC 9EJCH, nnanw )2_JJ-)il9
TF1FP11D\E 19011 Lil-SaW
FVi 19W121F5aM
November 22, 1995
To: he `vtayor and City Commission
VvY\
From: Jarboe, AMing City Manager
Re: equest for certain agenda items to be deferred
I asking that you defer action on certain items on the agenda because of the need for additional
information. The following items should be deferred to your December meeting:
1. ABET -ABET has requested deferral because their financial statement is not complete.
2. YMCA - I am requesting deferral because their financial statement is not complete.
3. PUBLIC SAFETY BUILDING - 1 am requesting deferral because additional information is
needed.
Also, for your information, 1 have attached a statement wejust received from the Atlantic Beach
Athletic Association If you need arty additional information concerning these items, please call
me
11 ~'"_ v., 11111 IJ. J. 1.41 ;I~i J:)iJlililJ JP~.IC6~11\111„ 1'~i11~.~ 1'lll 411111)
GGCEP/`1f .lCVf ~FifLXF~
~'~ Ll /TplIN Nf S U.TOO"?/¢ .!//,$'DO
... JvcS. ._~/~.. ~_.-
1
/
. I
/YJ,G-inwo~- .YaOC ~~c` irl9cN/N£ _~
_
_ -._
_ ~1,~°~! ~~~pO~
,
.
_.. __ _
~ y~
~ `.__ _~~~~.-__._. ~ __ ISO ~ I _ _ ~4 ~
f
__ •-
-... _
7
~
~
~pO
` ' ~ 3pO ~
! Ism _i: ~11~ li9<v~5..-- ---
~ -
--
g oe~i >w-.
~ ,Sow '
y _.
<e
_ .... ~
~ ~ ~Jd~ ~
Ij Xd..~.A.I~LM[j---- _~S~~PCL 1dT ._~'° 1al
-- -1 ~``-€~+E - --
- --, S~ I ~, M.cf_..1~~15 STS -
-- - - S uU ,s a ~ s>u
- 2ps~: 4«.~.
~N
:
-- ~,. .
.~ ~
r~d
~ /.SAGf I .Sb~s./
zl.~_._...
cp~r~~.~I+c~
2S- ..
_. _~s to SCT O ~ lI JE.
'~
1S ~0°1 ~ wz
- ,~
~L
- _. _
_ .- ~-
-.
~
~
~
yo~~~ti ~,y~. -- -
i'--- -
-
w
16J~
~` z0 __
_ -~__ ., 9BcF.i~' .4%i _..- --- - ~ cG
i~fic,QOw E --- zo _ ~SU
__.! -- _--... ZO ,~-
Z_ _. coifi~.,ti~ ~
.~.-- ~, -+ aan
ll~__ ~o JILU IJ:lu PT\'.uN JSJtie IJ Jm_hsuu~ll L~ I'oll•. •- PCF f?IuoJ
INCOME & EXPENSE STATEMEAtT (unauort~>
JULY 1, 1994 THRU JUNE 30, 1995 (Fmt & sptina swon>
Scatting Cash: $ 4,100
Revenues: Registration ~ 720 35,370
Sponsors ®24 4,800
Fence Donation (City of Atlantic Beach) 1,000
Adile[ic Grant (City of Jacksonville) 2000
COI]CCSSlOnS 77 9'In
TOTAL = $66,040
Expenses: Unifor¢s 14.980
Umpires 9.640
Baseballs & Softballs 3,840
Iasurmce (Medical & Liability) 3,660
E9WPment 7,980
Trailer & Mite Storage (Conswc[ion) 2,990
Trophies 2,820
Concession Supplies 10,010
Cortassion Labor 6,170
RasseB Park Cleanup Labor ~y0
TOTAL = $62,940
Purchases Upgrade Concessions pelephoJe. Auplap <as~, ? .r...m, seu. Jimcr IiaStsj 570
& Repairs: Electrical Repairs Concessions 1,260
Iu Machice (replaced after coasrruetiou) 2,200
Hot Dog Cooker (Damaged during move) 350
Girls Pitching Machi>x 1,080
Repair Fence (Field A) yy0
Install Fence (Field B) 2,2.60
TOTAL = $8,360
Ending Cash I$1,160)
AVERAGE COST PER PLAYER $70.00
AVERAGE REGISTRATION FEE $49.00
l
11.??~95 IfEU 14:16 F\] 9u4J6JtiG13 Jetksmrctl l? Pollor P,G
' ATLANTIC BEACH
P,adrs 0.
mey a;m>,mw
~_~" ~wo+J~`~ ATHLETIC ASSOCIATION
rrmuw, Sir Bripmin •Babr Auth Yaah BafrdaR Q SrliMfl a Jad RuurR ParA'
Smt>wr.Iw lkLOn
err-, wFVw ll~ bLta7r
P.O. BOX 331235
Adanric Beach, Florida 32233
(904) 249-2982
Novembv 22, 1995
City Commission
City of Atlantic Btaclt
Ladies and Grntlcmrn:
111 d7 ~>: '°~~~~
~~ ~Ja ~.1~ Gw6y
btmr roammuev, vimr Nmm
°_ ' ~ fnmmetme,t, 9wr prymm
'r.a.u ~,~. rm cm
Gw SamYl r~,m,,, iaTy Fmt
rVUV~ btarc, fdor: y~Gyp„e
Enclosed please find an unaudited Income & Expense Statement for the period of July
I, 1994 through June 30, 1995 and a list of personal property with approximate values.
We will be contracting the services of Frank Hunter, CPA, to file our 1995 year-end
income tax statement to the Internal Rcvertue Service At that time he will also be
producing an audited finandal statement for 1995 which we wiB forward to your
attention in late January.
Thank you for your consideration.
m ely, ~ _-I C7
`~`'
Stevrn C. Brnjamin U
Treasurer
SCB.flh
ENCLOSURE
Except from discusson regarding allocation of Commission Contrngency funds -meeting of
September 27, 1995.
Comm. Rosenbloom moved to allocate funds at the rate of 51,000.00 per commissioner ......
Comm. Shaughnesry: I can see that there could be advantages. It scares me because _. 1've
given this speech before about how to me the way the whole thing works up here is that ideas get
Floated and they pass or fail on their merits, and when they pass, it takes three votes. The way in
which this is different is that a commissioner volunteers the idea and says, "and, 1'll dedicate my
particular portion of this money toward it," and then the other two votes sort of become a rubber
stamp instead of having the idea compete on its merits, and that's why I would tend not to back it.
I'm sorry.
Comm. Shaughnesry: i am opposed to this motion because, not only does it not require
consensus, it sort of works around and obviates the need for consensus. As I said, you don't need
to have consensus, you just need to Save some people who say, OK, let him have what he wants.
That's not how 1 see our function. You and 1 differ philosophically, greatly, about what our
function is. If you want to execute your ideas_.. to me the whole thing is, you have got to come
up here and convince two other people and get three votes. If you can't do that then you ought
to be able to go back and say, "Alright, I can't get three votes, I'm going to do it a differrnt way,"
and I think that's avoiding consensus.
So if its the desire to put the wall all the way down on the north side and also
on the south side the total estimated cost would be $2,77?.
Commissioner Weiss: Frankly 1 am up to my ears in people demanding
things of the City and I think if the Gays want that let them plant piriosponrm
Commissioner Rosenbloom: 1 didn't hear that.
Commissioner Weiss: 1 said let the Gay's plan[ pittosporum..... if they can
get the permit from DPR. I think that will be constructive to everybody then.
Mayor Fletcher: Or (they can) pay to have it done.
Commissioner Weiss: Or pay to have it done. Really and truly. We have
gone out of our way to help them. I was up there a couple of times, 1 think
maybe you were, and it is push, push, push and 1 appreciate your patience on
this thing but 1 would not vote to spend another cent that is not absolutely
required by law on that thing.
Mayor Fletcher: There is no motion on the floor. There being none hete'~
stand we are.
Commissioner Rosenbloom: I would like to make a motion, for discussion
purposes, that we allocate the additional $3,000 to the project.
Mayor Fletcher: OK is there a second to the motion. 1 am afraid it fails for
lack of a second. We won't be able to do that one.
(garhlurl, m Boh Ku.eo}y I am sure though that if they (nc~~ Gaycry want [o pay
you to do that little Blip in there they can. We will see how it (r/n_ wa/kxayJ
is used as time goes and if it looks like it needs some help later we can
always take a look at it
aanrtuttox
1 rortiry tles b h a true and wnreR
rpy d tM recJO in mr duce. l•-~ ~~ )
muetatytmn'"ruam e~u~:~~;~,~.~ ,
t~ S'"-
•, '.~;; ., ~!: ;rri clerk
August 28, 1995 City Commission Meeting
'Transcript of tape -Bob Kosoy's report on the 16th Street .Access:
(/taGes asserted /iir clurt/icntuur, not parr o(1hu record/
Mr. Kosoy: The report on 16th is that it is 80% complete. The delays have
been due mainly Io heat and rain and we need a time extension until
September 30th baring any other emergencies.
We've spent to date ... the original estimate was $15,000 ... (on adddiona/J
$6,000 was approved by the City Commission for the north wall, so the new
estimate was $21,000.
The estimated cost to date, we're going to have a (cn.xtJ overrun a[ this point
we estimate because we've had to hire some temporary labor and we've had
to modify the access to 16th Street.... so our proposed cost is going to be
525,900. ,
Now there is a matter that came up before we continue, that has to be
resolved and that's why 1 would request that you give us your decision on this
evening-
Mr. & Mrs. Gay (currently renters bu( proepective future owners q( [he
property, property i.r currently owned by Mrs. (iay'a" brother-in-lawj on the
north side of the crossover have requested that, in addition to [he north wall
that was already approved for (the preriou~'/} mentioned/ $6,000, the space
at the bottom of that wall -there is a gap between the bottom of the wall and
the hale bit of the pilings, about 2 to 3 feet -they would like that wall to
extend down on the outside (north jucej of the pilings so that there is no gap
between the dune and the walkway.
N'c estimated the cost of their request will be another $772.00.
"fo have architectural harmony, since there is going to be a wall on the north
side and it seems kind of funny to just have a hand rail on the south side, we
suggest that also because of the fact [hat kids may stand on that handrail on
the south side and even though it will be safe (};arMrd/ a kid could fall down,
.cc feel that for another $2.000 we could build a wall on the south side.
Mr. Robert B. Gay 7r. ~"~~~
July 11, 1995
Page z
Thank you very much for your immediate attention to this matter,
and please feel free to contact me if I can provide any further
information or assistance to you.
Very truly yours,
i ~-V_~
ALAN JENSEN
ACJ/sky
cc: Mr. Kim D. Leinbach, City Manager
Mr. Robert 5. Kosoy, Director, Public Works
~ JENSEN & HOULD ~
Armw~cvs wr Laa
]OS NOR1H 7fmiD SRiEEl'
FOST OF47CE BOX 50957
JACI4~NW1E gFKH.F~RO7A 922460957
Alan C. Jenaet
StcpnrnA Hould
July 11, 1995
Mr. Robert B. Gay, Jr.
1601 9each P.venue
Atlantic Beach, FL 72233
RE: 16th Street Beach Access
Dear Mr. Gay:
~~
Tdep6orc R04) 2462,00
Faa 19oH 2469%0
RECEIVED
JUL 1 21995
euauc woaKs
Please be advised that I am the Cit= vea oranechange torder c to athe
The city Commission recently app
construction in progress for the 16th Street beach access to
construct a fence along the northerly edge of that walkway, similar
to the fence being constructed along the southerly edge of the
walkway. This was at your request and in order to provide some
privacy. The City was not legally obligated whatsoever to construct
any such fence on the northern boundary of the walkway, and nearly
every other beach access walkway in Atlantic Beach is without any
privacy fencing for the adjoining property owners.
I understand that you spoke this morning with Mr. Bob Kosoy, the
Director of Public Works for Atlantic Beach, in the presence of two
other City employees, Kelly Burton and Jack Baldwin. Mr. Kosoy is
concerned with statements you made to hi YtodPy regarding removing
certain improvements adjacent to the Cit roperty and the City
owned easement over the adjoining property to your south. He fears
that this may well result in damages to the City's property,
including some pilings recently installed by the City for the
walkway up from the street to the beach access. Although you are
entitled to do anything on your property which is legal and
properly permitted, please be advised that if you takes any action
on your property which results in damage to City property, to °your
inq the City's easement over the property immediately
south, the City will be required to look to you to recover any such
damages. Hopefully, this will not be necessary and you will, prior
to taking any action which may result in damage to City property,
consult with Mr. Kosoy or other City representatives in order to
reach a mutually agreeable compromise, as may be necessary, and
avoid any damage to City property.
•f
~e ~ ~ !
3
Y
I~
i
u
0
V
A
~d
~~
Q ~
~~
mw
n.
~~
d n-
J
..~
~il
I
H
W
W ~ ..
f-
,..r . ,
~
~-~ .~ .
s r
~I~
i a
~:i
N
~ W
V ~
0.,
.^
K J1
F j 4
va z
°~ p o
F ' p~
w`
2
~ ~F
Wdro
JVW ..
-.r ~ p
3~F
W2~
w~
x~
3 W
~ J
W
d3
-ti
CITY OF ATLANTIC HEACN
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 16th Street Dune Crossover Modifications
SUBMITTED BY: Robert S. Rosoy/Director of Public :corks
DATE: November 1, 1995
BACRGROUND: On 10/0/95 censtructien was stepped on th=
16th Street Dune Crossover by order of the Mayer and the ^_itv
Manager. At the ne r.t City Commission Neetine it was decided
that the City Manager would meet with Mr. and Mrs. ray to
determine modifications which would make the structure
acceptable ±o them.
On 1G/31/95 the City Manager b Public works Direetec met witt.
Mrs. Gay and it was agreed that the wall will be constructed
on the outside of the pilinos on the section cf the sressever
noted on the attached plan. As further agreed, the wall ui.11
extend to the ground.
These modifications will require additional wood and manhours
to modify the lumber to attach it to the pilings. Therefore,
ve will need approximately two weeks to complete the project
unless we experience a delay in the shipment of additional
treated wood.
Mrs. Gay has agreed to allow our workers access on her
property adjacent to the structure to make these
modifications and we agreed to avoid walking on or putting
any unnecessary pressure on the railroad tie retaining wall
on the South side of her driveway.
The additional cost for materials will be $2,515.75 for 145
3" x 6" x 14" tongue and groove beards with .SO retenti en.
RECOMMENDATION: Recommend approval of the modifications and
additional materials in the amount o'.
52,515.75.
ATTACHMENTS 15th Street sad Heach Avenue Prav'no
REVIEMED BY CITY MANAGER:
AGENDA ITEM NO.
ALA\ U'. POTTER, SR.
}'age 3
I rzspzztfully suggzst that the propoxd Capital Improvements Plan should be revisitzd and a priority
established that covers only 58,000,000 of "new money" to be borowed.
Importantly, front foot assessments for new "first-time" utility work in [he Beach avenue area will
provide funds and will reduce [he debt obligation by approximately 5800,000.
Accomplishment of surveys, engineering plans, regulatory permitting, bidding, and construction
work will consume at least three years; maybe four or five yeazs.
During the next several years, non-utility demands on the water and xwer revenues can }x reduced,
proper front-foot assessments for nevv facilities established, and other business-like efforts
introduced. If this is accomplished, the lower priorit}' utility work can be returned to the
construction xhedule
If so, the water and sewer utilities can be placed on a proper "pay as you go" basis and the business
mistakes of the past put a :est.
in summary, the proposed 30-yeaz Revenue Bond Issue proposal is an unnecessary, wwise proposal
that will waste, via interest on debt, as much as 520,000,000 of funds rightfully belonging to the
citizens of Atlantic Beach, the Buccaneer Area, and the Oak Harbor area.
Restated, you have the opportunity and the duty to save 520,000,000 of interest for the benefit of the
citizens.
The citizens of our community deserve that the City Commission reject Resolution No. 95-33
Respectfully,
.41 N~ite~~r~~.~~~~
.. .. _ _... _....am.ua~
\LA\ 1V. POTTER. SR.
Page 3
In support of my position. 1 submit that the Revenue bond proposal consists of the following:
PRI\CIPAL AtiNUAL (PaQ TOTAL (30 Y<ars) TOTAL (30 Years)
17Eti1 _ A.RIOGNI' PAYMENT PAYh1ENi5 ,.___ _ 1N7EREST __...
Barnett Bank
Loan Payoff S1Q000.000. 5719,472. 521,584,160. 511,584,160.
.A.B. Capital
Improvements 512,000,000. 5863,366. 525,900.992. 513,900,992.
.A.B. Surplus
Borrowing S 2.500,000. 5179,868. $ 5,396,040" 5 2.896.040.
50~111ARY 524,500,000. 51,762,706. $52,881.192. 528,381,192.
Please note that the total interest to be paid for using 30-year Revenue Bonds is 115% of the
principal amount borrowed.
The Revenue Bond route is a cen~ unfriendly and costly road to vacel.
There may be those amon¢ us who will say that 1 have no alternative plan to the resolution being
considered. Quite the contrary, me proposal. which is a money sating compromise, suggests the
following:
i. Gtilize Barnett Bank financing to reswcture the existing Line of Credit Loan from
S I O,000.G00 to 518.000.000., and, to extend the term of the Line of Credit Loan from I2-
cearsto IS-years.
2. Economic conditions for borrowers (measured against the 30-}'ear Treasury Bills rate)
indicates that the 5.35°% interest rate would remain unchanged.
3. Pa} ments required to retire a 15-year S 18.000.000 debt (if fully disbursed) would be:
:\\NUAL P:\Y\11iN'f S 1.740.000.
TOT:\L P:1YUEti TS (IS fears) 526.100,000.
"fOL\L PRIXCIPAL (IS 1'cars) 518.000.000.
"1'O'rAl. I\'ff:R1:S"f (15 Years) S 8,IU0,000.
RATIO: INTEREST! PRIKCIPAI. 45%
1'aet
In my opinion, my record of experience in the water and sewer utilities industry qualifies me to
discuss the issue before thz C'in~ Commission and to provide information worthy of your
consideration.
:\s a member of the Atlantic Beach N'atzr and Sevver Committee, 1 ssaz instrumental in creating the
510,000.000 Linz of Credit Loan" with the Bamett Bank. This Line of Credit Loan waz executed
Dole twenty-nine months ago and, to date, has not been fully utilized. The "closing costs" charged
be the Barnett Bank were only 551,000. The interest rate is only i.35% on the outstanding
principal.
'fhe Bamett Bank loan agreement provides for issuance of additional loans by the Barnett Bank
and:'or other lenders. Importantly. the Bamett loan provides for the use of pledged utility surplus
revznues for utiliq~ system repairs, replacements and improvements.
the loan agreemtn[ calls for amoniution of the 510,000,000 principal orer tweke years beginning
July 1996. The Barnett Loan provides for the following:
PRINCIPAL ANXUAL TOTAL (~2 Years) TOTAL p2 Years)
1TE\i _ _. A.'v1OL'NT _ PA7:\lENT _ PAI'b1ENTS __.. INTEREST
Barnett
Loan 510,000,000 51.126,034 513,512,417 53,512,417
Please note that the total inttrest to be paid is only 35% of the principa~ amount borrowed.
"I"he Bamett Bank loan is a ven~ Giendly loan from a very Fiendly bank.
"fhe resolwion before the City Commission is for the issuance of 524,500,000. oC Revenue Bands,
at an es[imated inttrest rate of 6.00°io, payable over a thirty }'ear period.
"fhe issuance costs of this revenue bond issue (all up-front and off the top) will be approximately
S LOOU.000. The issuance cost will be paid by Atlantic Beach to the bond underwriters, the bond
attorneys. the Mnd insurance companc, the accountants, and the consulting engineers. Additionally.
there will be fees paid to the fiscal agents. "
It is this resolution and the associated revenue Mod issue, and the costly bond issuance expense,
that 1 oppose and rtspcct(ulk request that the City Commission reject.
ALAN H'. POTTER, SR.
374 Second Street
Atlantic Beach, Florida 32233
\ocember 13, 1995
City of Atlantic beach
800 Seminole Road
atlantic Beach. Florida 32233
ATIT: Mfr. Lyman Fletcher, Mayor-Commissioner
\fs. Suzanne Shaughnessy, Commissioner
\tr. John Meserve. Commissioner
A1r. 'iim Reed, Commissioner
Sfr. Steve Rosenbloom. Commissioner
Re: Proposed 524500,000 Revenue Bond Issue -- Resolution 95-33
Dear Commissioners:
1 am AhAN W'. POTTER, SR., 374 Second Street. 1 have been a resident of Atlantic Beach for a
period ofshirt}-seven }ears.
During this period, I have served on the Zoning and Planning Board, the Code Enforcement Board,
and the N'ater and Sewer Committee.
>I}' years of continuous residency in Atlantic Beach, along Hith my service on appointed boards and
committees. clearly identifies and confirms my standing (or speaAing on the public issue being heard
at this time.
For the record. I am a registered professional engineer in the State of Florida. 1 have been licensed
hp the State (or forty pears and have been actively engaged in the practice of Civil Engineering, with
a spccialn of land development (i.e.. water, sewer. storm drainage and paving) for the full forty
caars.
:11so. for the record. 1 hate been presented to and accepted as an "expert' in civil engineering by
Federal District Courts. M' Florida Circuit Courts, by the Florida Division of Administrative
f leavings, and by the Florida Public Seniee Commission.
additionaap, 1 have been engaeed in the oHnership, design, financing. construction and operation
of eater and sewer utifiues systems for a period in excess of thine years.
~X~?A11~ON...
i~ i
r
y~uxrs
TV
The Ri~HT Uyay...
_,~,a~,,~~Wic~a~~%
Way...
G7 q2~~N~~ ~~° ~-~ Llia.~.~cvr~ a ^.:'rrGrr.~r~tJ /495
~~c/+s
/. /~inoro .,G+-a..ticls C-fonc~u.a,-w, -~a.~o~rc) ~.srr, ~o..~.t1~,
~`l"`~~~u~~an~L ~E¢-ctl~taek. •fio 77o-rtlv,ecef~
5 ~ ..LQA.L ~p ItKQ.t ~GrtQQJ.
bOahQ. °~ cuaP.Q. R4•F,tu~~ ~ttmauc o.a~.cC .
3. 7,Lfaow otu~c~ta. ~,i,a-~ c+~i~ih.aira.L.~ .~rev.cd.~ axcC.
~.H+ata.LL ,~aQca~ to , ,~.terv v~ xkv aud.
-~t er~...~i.G ~ o~u-+<-cf-, ..wjy xo ~lw .2e-xx..at bo at aC..
~/• ~i~t~2Q. ~eyn a~- w~al.L ~"o ~.a+~ss.cl. --~a.~e~ a~ tki
(o• Durnth. aadumua. coat e~ -Pkeir~ own ~reca dcc.~osa.~.
8~.~eztso•n o~ .taat-~acui~- cuaGC, at diurtzua.c~.-
(e~ o~xc. watt .~la,ua, ~.at .)
S. (9-um.uv ~ensesc~a- to ~ CiEi~.. u~o~tk.~re, ~ .r.H,t~v
o~ ~ .eau, .~~- ~.~ °~- ~,~,,,„~;~.~- ~ ~.
0" "-~~~
CITY OF ATLANIIC BEACtt
IF YOU WISH TO ADD~SS SIR CITY CONNISSION ON ANY NATTER, PLEASE
COIffLETE AND CIPE THIS PORN-TO THE CITT CLERR PRIOR TO SHE MEETING
DATH OP COlMISSION MEETING ~~~ A/~/ 13 ~ I ~~P S /
AGEND ~ITFH NUMBEH OH SUBJECT I9 BB DISCUSSED S iFEiC R ~/
~~t+eF~,~erz. i~A29RMIi/kG~F ~~~~~
TELEPNOHE 1 1.F ( - / ~ ~ ~
CITY OF ATLANTIC BEACB ~~ ~~ (' / /~
COMPLETE AND GIVE TNIS pORM'SO THEICITYCLplQLER1CSYRIORD'fO SHESNE N¢ETI,s-NCPLEASE~
(DATE OF COMMISSION MEETING 7/M/~Y~~~ ^Dy ~ ~~ ~ ~• ~' `
AGENDA ITFH NUMHEH OH SDEJECi SD HE DISCUSSED
~ ~' p u~nfr2oL G rtN "c dV~ l~
e
A'RR K ~RSTy uJFSr 4 SOJ~M- C~~-
~, t1 ~ 4 ~ L ~ TELEPHONE_~ K'(~ / /'f i '
CITY OF ATLANTIC BEACH
IF YOU :1ISH TO ADDRESS THE f.I TY CO.~BNI SSION ON ANY MATTER,
~OMPLF.TF qRD GIVE THIS FORM TO THE
-~-- CITY rr rov oe .,... __ __ PLEASE
DATF. OF C0,`V1I SSLON MEETING // ~~:'
/i
AGENDA ITEM SLMBER l~ /j ~ ~
_~OR SUB]ECT TO i:E DISCUSSED/ .;'~~.5 ' ~;
~~ /i e',./-. - / ~~'d..
NAME ~~(~~, ~ l~
(Plr.a,.e pnn[ dearly)
ADDRESS ,.
- - .. i -
. 5
TELEPHONE- ~ y.) . 9-J.-
CITY OF ATLWTIC BEACtl
it YOU YISH TO ADDI~BB Tti
CO!¢LETE ANp GIVE 7NI5 ^J7M ~7» TiL~ICi IYC:,7.LEYB,PRIOR0T0 TlIE MEE7I NGPLEASE
DATE OP COlPIIBBIDN MEEiINC /~a~~.y ~~r ~ ~ 1
I/` 4-~.~
AGENDA ITEM NUMBER ~.A , D UR SUg~p,~ ~ BE DISCUSSED
NAHE .I
TELEPHONE 4' K(~ ~ ~ ~j
CITY OF ATLANTIC BEACtl
r
T7 YOU YISN TO ADD c r~~- ~ ~~ ~~~
COMPLETE AND CIVB ~~S '- CIIi C•1~.7f15SI0H
TNIS ^),x ~m Tl~ ~i TY :.1.EWi PRI
DATE OP COMMISSION MEETING ~~~~ ~~~~
AGENDA ITEM NUMBER ~Fw 1 R ~ SU~~, ~ BE DIS ! ~L~ v %~ ~~
$ O NO 1 S+--S 11---~~~ ~j / , O] ~/
NAHE_ J . \ Wcp1 L/2 G11• 1 Q ~ / ~/ V / / 1,~~(.'J/i
Atltlvece ~! wL a e~aC~~ -~ "'°X/q
a~ ' c 1 I ~/
TELEPNONE ~(~ I /f `
cl~TrKoFa~ -~lauda
~pgQju#LQri
95-iri
WHEREAS, Dezmond Waters served the citizens of Mantic Reach wth distinction
since his election to Seat 3 on the City Commission in 1991, and
WHEREAS, in addition to his duties as a City Commissioner, Desmond Waters gave
generously of his time, talents, and energy through his work on committees and boards including
Ordinance Revision Committee, the Beautification Committee, and the Recreation
the Zoning
Advisory Board; and _
WHEREAS, Dezmo 0 of addiironaldpark land for th enjoyment of futuretc buns ofe arts
and encouraged the acq
Atlantic Beach, and was responsible for the creation o(the Cultural Arts board; an
W};gREAS, Dezmond Waters has indicated he will wntinue to be involved in the life of
the city and serve on committees for the betterment of the wmmumly.
NOW, THEREFORE:, BF. IT RF:SOLYF,D by the Cit}• Commissron of Atlantic Reach.
Florida, that Dezmond Waters be recognized for his outstanding wntribtitions to the cny and ns
citizens through his scnice of November, 1995
ppOPTF.D by the Atlantic Beach City Common y ~ 1~~~
Mayor
itM~M Rosenbloom(. Commisv/uncr
Suzanne Shauehncssc. CnmmiF .nnct
0
CITY OF
y1t(a«tlt 'S'eacls - ~louda
~e~aiu#ina ~t, r,, ~~
WHEREAS, Rohert G. Weiss. .l r., follows a long heritage of service and has served the
citizens of Atlantic Beach with distinction since his election to Seat 2 nn the City Commission in
1993, and
\VHERL•AS, Robert G. Weiss, Jr., gave generously of his time, talents, and energy to
preserve the quality of life and character of Atlantic Beach (or the benefit of all the residents; and
WHEP.EAS, Robert G. Weiss, Jr., was instrumental in identifying and bringing to
fruition the purchase of the Tresca property which will one day be a waterfront park for the
citizens and children of Atlantic beach and all of Jacksonville; and
WHEREAS, Robert G. Weiss, Jr., always demonstrated a deep interest in protecting the
rights of property owners, and current and future owners of oceanfront property will enjoy the
benefiu of Commissioner Weiss' efforts to have the coastal cortstmction line resumed to its
previous westerly loca[ion
NOW, THEREFORE, BE IT RESOLVED, the City Commission of Atlantic Beach,
Florida, hereby expresses its deep appreciation for the contributions of Robert G. Weiss, Jr., and
emends heartfelt gratitude on behalf of the citizens of Atlantic Beach
ADOPTED by the City Commission of Atlantic Beac~de,lhis^th day of
November, 1995
Mayor
~.
~~r its -
rc,m_Commissioner
Su'aNnc Shauchncsse. Cornmi - toner
0
Page Three
Minutes -Special Called Meeting
November 2, 1995
Following further discussion, the question was ea0ed and the motion carried on a vote of 4
- 1 with Commissioner Shaughnesry voting nay.
Discussion then ensued regarding the process to be used to find a replacement for Mr. Leinbach.
Mayor Fletcher indicated he preferred not to use an outside search agency and moved to appoint
Jim Jarboe to cooduM the search and report back to the City Commission. The motion
was seconded by Commissioner Shaughoesry.
Funher discussion ensued and Commissioner Rosenbloom felt the City Commission should have a
workshop to determine the type of individual the city needs.
Jim Jarboe reported regarding his experience in management studies and hiring of personnel and
oudined the process he would use. He felt since the City Manager works for the City
Commission, a was important that commissioners be involved in the selection process.
There being no further discussion on the matter the Mayor called for a vote and the motion
arried enanimoasly.
~, Anv other bmineas
Commissiorer Rosenbloom requested that the minutes reflect that the City Commission was in
agreement that from time to time there were circumstances that would require commissioners to
intervene yr city matters and that all commissioners understood and had come to grips with that.
There being no further business to come before the City Commission, the Mayor declared the
meeting adjourned at 7:25 p.m.
Lyman T. Fletcher
Mayor/Presiding Officer
ATTEST.
Maureen King. CMC
City Clerk
P:iec 1\.'0
>1inutes - Special Called Meeting
November "_ 1995
2. ReJ.gt a! ton of the Ci(y Manager and related action
l~he Mayor noted that Kim Leinbach had submitted his resignation as City Manager, and it would
be necessary to start the process to find a replacement. Mayor Fletcher moved to attepl the
resignatian of the City Manager. The motion was seconded by Commissioner Waters.
In discussion, Commissioner Weiss requested that Kim Leinbach receive severance pay as noted
in his contract
Commissioner Rosenbloom oRered an amended motion: accept the resignation of the City
manager and authorize that Mr. Leinbach continue to receive full pay for a period of I80
days, in accordance with his conirad. The motion was seconded by Commissioner Weiss.
The Mayor asked the City Attorney for clarification regarding the terms of the City Manager's
contract The City Attomey indicated that the contract provided that Mr. Leinbach would receive
severance pay for a period of 180 days in the event he was terminated without cause. However,
he felt the City Commission had the authority to do whatever it felt was fair. Commissioner
Rosenbloom felt that whether it was an obligation of the wntract, or a moral obligating the six
month severance was appropriate.
Mayor Fletcher indicated that Mr. Leinbach had resigned voluntarily, under the terms of his
contract the city was not obligated to pay severance: however, he suggeried that a lump wm
severance be paid as a goodwill gesture and in recognition o(his good service.
Commissioner Rosenbloom amended his motion to accept the resignation of the City
Manager and award Mr. Leinbach a severance equal to si: months pay (eatluding
benefits). The motion was seconded by Commissioner Weiss and was unanimously
approved.
Mayor Fletcher then moved that upon the eReMive date of the Mr. Leiobath's resignation
(FOVember 24, 1995), Jim Jarboe be designated as the Acting City manager to conduct the
business of the city during the interim of the search (or a replacement. The motion was
secanded by Commissioner Weiss.
Uuring discussion. Commissioner Shaughnessy indicated that since Mr Jarboe was currently
operating as the Director of Utilities, that there was a possibility that the Public R'orks Director
may be Ieavine. and that under those circumstances, Mr Jarboe would be required to undertake
the responsibilities of three people. She suggesteA that consideration be given to designating the
Police Chief as Acting City Manager in the interim
M111N1'TES OE' THE SPECIAL CALLED M1f FETING OF ATLANTIC BEACH CITI'
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 6:45 PM ON
'fHURSDAti', NOVEMBER 2, 1995
Present Lyman T Fletcher, Mayor
Steven AT Rosenbloom, Commissioner
Suzanne Shaughnessy, Commissioner
1. Dezmond Waters, III, Commissioner
Robert G. Weiss, Commissioner
Also Kim Leinbach, City Manager
lames R Jarboe, Deputy City Manager
Alan C Jensen, City Attorney
Maureen King, City Clerk
The meeting was rolled to order by Mayor Fletcher.
Action on a rmuest for I6[h Street D oe ro cover m rfi [' os. and adoption of
Resoln[ron Np. 95.39 authom:np bnd¢ei mo~ifie.Kn..
It was explained this item had been withdrawn from the agrnda since the question regarding the
(ence at the 16th Street Butte crossover had been resolved in a manner which would not require
commission action.
In response to an inquiry from Commissioner Rosenbloom regarding the resolution of the
problem, City Manager Leinbach explained that the boards on the fence would be moved so that
the smooth side of the (ence would face the property owner. As the fence had been originally
designed, there was a space between the boards and the ground and the City Manager indicated
the property owner had requested that the boards of the fence reach all the way to the ground.
Apparently a compromise had been reached and shrubs would be planted to screen the space at
the base of the (ence
In further discussion, Commissioner Rosrnbloom indicated that while he was totally in agreement
with the end result and felt a good wmpromise had been reached, he had a problem with the
manner in which city staff had been authorized to stop the work on [he access He requested that
commissioners keep this in mind and in the future whrn another wmmissioner decides to stop a
project, that the other commissioners accept this as part of the process. The Mayor felt that
sometimes it was a clumsy process to resolve issues and he preferred to err on the side of the
citizens
('ommissioner Shaughnessy (eh the real issue was that the matter did not come before the
commission since there was no increase in cost
SUBJECT: Weekly Status Repor! Ending ^ctober i3, 1S95.
Progress of F.t:ar.t rc Seach Wastewater Treatment F'. an!
Expansion Program
Date: October 16, 1995
Page: 2,
Outstanding Issue~Chan~e Orders:
Possible Change Order at Influent Structure - Static
screens, modification to pi pi aq to use Plant No. 1 as
a surge tank and raising concrete driveway to
facilitate emptying of grit using dumpsters instead
of grit cans.
24" Drain - Ductile Iron Pipe Influent Line to
Aeration Tanks - Conflicts with existing lines, as
confirmed by test pits, and may require relocation.
P.SR/cst
..r_ _~....._:..m
EXHIBIT C
GCTUBER 23, 1995
CITY OF
1 r~tla.eta Ci'eaelr - ~(azu(q
~~ -.. 1200 i15UV1%R Le\f
All.a\TIf BaM'N. YIfIRa4 )22!J-~DXI
-_~~ lELlRI()\k 190.11 SlI:XO),J
F.U 19011 20xSN!
M E M O F: A !: D O M
DATE: October 16, 1SS5
TD~ Kim D. Leinbach/City Manager !%~~~
FROM: Robert 5. Kosoy/Drrector of Pubiic WorY.s Z~?s~ I
SUBJECT: Weekly Status Report End2ng October 13, 1995.
Progress of Atlantic Beach Wastewater Treatment
Plant Expansior. Program
CONSTRUCTION COMPLETED:
A. Aeration Tanks:
1. Number 1 Taak (Northernmost)
Tied rebar, set forms and fabricated bulkheads for
walls. Formwork compieted on Thursday morning,
10/12/95 for Pour J3. E7-1/2 cubic yards were used
in the wall pour. Formwork was stripped on Friday,
10/13/95, and began setting wall forms for Pour ii4.
2. Number 2 TanY.
Set bulkheads and ran waterstep fer walls, received
and placed rebar in walls.
B. clarifiers:
1. Number 1 Clarifier (Northernmost)
Stripped forms, backfilled and compacted area arcund
the center can. Ran 6" diameter drain line under
slab of clarifier and set forms, finished grading and
._ cort~p acting base foz slab.
2. Number 2 clarifier - No wcrk this ueeY,.
V
y U„1, ~ ~ 88 g~~ ~ -: ~ - E88
w " _
am
wi-; $ 0 00 000
c~'ia - ~ mpg `° ~~~
m
s s s~ ass s ~ss~~~s~ g~8
a
as n~n~"gag ~~^
2LLM1 -e n Va a LL
Sim ~C 6 = N~ _ - GV
oU `u i.e ~ ? `~ °~ c F° U 8- es
moo ~o = _ _ ` g ~- 2.~ E
Tc ~ ~3~ "° °a= ur
gg° c - Lm s `c ~i~ - '~ ~~E ~e
E Fat `~ '.8 a- ^'~° t - SVU $_
o a ~ ~K ~2 ON- =~o - goo - 8P~ 8~
v aka m - c d ~? _ ..' _c
8 ~ ~ -_ Wl a° ~« _no E z°°€ ___-_ -~ sc2
~a° a° ~~ :~° a°ac a` -tea -, - - ________ Fr$
_ve fs EF- 4V_ ~Ec~, ~o
goy- g'S _`c _ :~E - E`_ cF
o - .--.. ~_ ~~ ~.. f .._c _ oeSE rc _EE ~e
Z c ? _ c o ~~.LL i _
u (i i ~ V: N (i ~iN /.V~CV cuc
VUU
:ITY OF
~4HZ<G Li['uGi ~
~ed.:l_
irl l~llr i'.I 'd 11 Nllkllri ~.
MEMORANDUM
Dale: October 18, 1995
To: Kim Leinbach, City Manager
Jim Jarboe, De-puts City Manager
City Commission
From: Ann Meuse, Finance Director
Subject: Proposed Budget Modifications to 19 6 Budget
Attached is a list of proposad modifications to the 1995/1996 budget summarized as
follows:
o Record change in DOT contract approved by Commission September
25, 1995.
o Record water tower antenna agreement with PCS approved by City
Commission September 25, 7995,
o Adjust insurance expense (or 1995/7996 to Insurance RFP
awarded by City Commission September 25, 1995.
o Rebudget following Water, Sewer and Stormwater projects which
were approved by the City Commission in fiscal year 7994/7 gg5 out
were not encumbered at the end of the fiscal year. Unencumbered
projects lapse at the end of each fiscal year antl must be rebudgeted
in the subsequent year.
.-- Enlargement anC Rehab of Water Treatment Plant p3
Replacement of Clarifier Weirs and Steel Catwalks at
the Buccaneer Plant
Additional screen for surge tank -Buccaneer Plan[
Jasmine Street Retention Pond Fepairs
Flease Ac nni hesttate io roll me d you have any questions renardutg the above proposed
hudgrt n:Gddlc:,UGns
- F.%HIBIT B
OCTOBER 23, 1995
:ITY OF
irtlaKuz SeacG - ~eotula
"x~ `~. AIISULF IN,.AP
fE V ll'H. ~S F. .•rl: 311.:y N,
F,LC .Hi.:, y.~: -ifio~i
~1.'Z,',~y ~°.'iFNi
MEMORANDUM
Date: October 23, 7995
To: K.im Leinbach, Ci[y Manager
Jim Jarboe, Deputy City Manager
City Commission
From: Ann Meuse, Finance Director
Subject: Proposed Budget Modifications/to 7995/7 g36 Budget -Revised
The Proposed Budget Modification has been revised to include a budget transfer for the
Donner Community Center. Please find attached the revised version. The original estimate
for the Donner Community Center project budgeted in fiscal year 1994/1995 was
5160,000 which was to be funded; 570,000 from the Renaissance Grant and 590,000
from Convention Development Tax monies. The City Commission has authorized
5785,600 for the project in the 7995/1996 budget. A budget adjustment is proposed to
transfer an additional 525,600 from the Convention Development Fund to reflect the
amount approved by the City Commission.
DONNER PARK COMMUNITY CENTER
.AllDENDUM NO. ONE
102//9'
A. LIST OF ALTERNATES
# I. Door # I Revistons /See Door Schedule Page 4.
#2 Window Revisions /See 1Vindow Schedule Page 4
#3 'B' Recess Lighting Fixtures (Additional) See Page 4
#4. Exterior wall construction from concme block to wood frame. See additional Drawings dated
10/2/95 Sheet #Ar-I , #Ar-2 and #S-1.
#~. Provide painted interior finish at block walls, and related insula[ion changes from rigid wall
insulation to foam inwlatior/ filled cell. Sce Division 9900 and Division 7210..
#6 Delete construction of concession area and related side porches. See additional Drawings
dated 102!95 Sheet #Ar-I and #Ar-2
#7 The following Items are not in the convaa for wrtstruction:
A. Exterior sidewalks indicated on the Site Plan A-1
B. Tree Protection
C. Closet shelving
EXHIBIT A
OCTOHER 23, 1995
AGENDA ITEM: Award of contract for Dormer Conmumity Building
SUBMITTED BY: George Worley, Colrammity Developmem Direnor ~'~!
DATE: OMOber 19,1995
BACKGROUND:
The attached documentation reflects the bide received for the couetrixtion of the
Comm~mity CeWer a! Dosser park This rebid followed the rejection ofthe original bids because
the proposed budget was ezceedeA.
RECOMMENDATION:
StaB'reco®eada award of this bid to loom Coltahvctioa by Hatrie for the bid amount of
5181,787. W which includes alternates #1, #2, #4, #7.
BaaeBid f189,000
Alt#1 -500
Alt #2 - 2,600
Alt #S
Ah #7 - 3,000
- 1 119
Tofal Bid EI81,787
AIIACHtItFdVTS:
I) Bid Committee report
2) bid aummayform
REVIEWED BY CITY MANAGER:
'- AGENDA I77iM NO.
Page Nine -- _
Minutes -October 23, 1995 I
NAME OF ~ ~
~ V I
__ COMMHS. M , S NJ
- - i _ _ -
There being no further business to come before the City Commission, the I
Mayor declared the meeting adjourned at 9 I S pm
Lyman T. Pletcher I
Mayor/Presiding Officer ~
ATTEST.
Maureen King, CMC
City Clerk
I
._
II
I
I
_
Paec Eiehi
Minutes -October ^_3. 1995
NAME OF
_-_ _ 1_ COMMHS. ~
I
M
S
°
y ~
I v
N
Mr. Jarboe reminded the City Commission that Si00 00 which had been ~
I
~ I
authorized fur summer activities for the staff, had not been used He I
requested that This money be authorized (or stafl~Christmas activities
I
ROSEARLOOY 'x
Motion: Authorize expenditure of 5.7(10.00 for Christmas ;SHaucHNESSr ; x x
activities as requested „'ATERS i X
eISS I X
No discussion before the vote. The motion carried 'FLETCHER
I x j X I
9 n rr
Attorney and Ci Cleric
Commissioner W'eiss...
suggested that everyone who was interested in property rights attend
the upcoming meetings whrn the revised tree ordinance would be
considered, I
reported on the recent Hob Nob and U. S. Nary birthday ball
Commissioner Shaughnessy...
requested that the City Clerk research the anrrnt City Commission
liaison and committee assignments so that new assignments could be
made at the next meeting.
I
Commissioner Rosenbloom... I j ~
referred to the shade meeting which had been scheduled for the ~ I
followdng evening to discuss collective bargaining issues and i I I
suggested postponing this meeting until a later date The Mayor felt
I i
[his was an issue which could possibly be rewlved by the currrnt City ~
Commission. The meeting remained scheduled for the following I
evening ~
Mayor Fletcher...
requested that staff star work on the proposed improvements at the
beach accesses as soon as possible, j
reyuested that an orientation workshop for new commissioners be
scheduled for the following week
Pasc Sevcn
\1inutes -October?+, 1995
Motion: Authorize a permanent 'f-Ball field in Jack Russell
Park
Brief dixusxion followed and Recreation Director recommended that a
permanent T- Ball field be approved in Jack Russell Park
Woody Richardson, President of ABAA, reported that their organization had
considered moving some of the little league activities to Donner Park but felt
that this would have been inconvenient for parents who had children
participa[ing in different age groups He felt that a 3-R. fence would be
needed along the first and third base lines and the city commission
concurred. It was agreed the field would remain grassed as at present and
that the current location was satisfactory.
The question was called and the motion carried unanimously.
~ ~ r_anaeer Reo^-'s and/or corresooodence:
A. Status report on Atlantic Beach wattewaler treatment
plant expansion
Bob Kosoy reported the work on the wastewater treatment plant was
progressing on xhedule and a copy of his report is attached hereto as
Exhibit C
,tRr•1t Gi
CGMh11i°. I ;.; , S ; Y
iSHAUGH:7ESSY
;WATERS
1:E15S
When asked what percentage of the work had been completed and the
percentage of payments made, lloug Layton, the project rngineer, agreed to
provide this information in his monthly reports in the future.
Jim Jarboe indicated an emergency situation had arisrn at the Buccaneer
No. I plant due to a problem in the gear in the brush system on the east side
of the plant
Moran: Authorize emergenty repairs to the gears at the
Buccaneer No. 1 plant at a cost not to aaeed 57,500.00
In dixussion. Alan Potter suggested the city' wnsider installing an automatic
lubrication system The question was called and the motion carried
unanimousy
ROSEFBLOOM
sHAUGHHESSY
WATERS ( ~ iX
l:Elss .X X
FLETCHER I
i
j
j
i ~
I__ ~ i
I
t
f
! '.
I
_ X
_
i
i
i
i
j
t
_. J
_.A.
PIIIC $IC
\linutes - Octohcr'_+. 1991
NAME; OF ~
v li
I V
for professional services and resident observation for Saltair
Utilities Improvements and Assisi Lane Water Treatment Plant 1
Improvements I i
Public Works Director Bob Kosoy reported the Saltair project, at a cost of i I
$774,687 50, had been awarded by the City Commission at the previous
meeting. He indicated that a reasonable range for engineering and inspection ~ I
services for a project of this size would be between 2% and 5% He pointed
I ~
out Smith & Crillespie already had an inspector on another project in Atlantic ~
Beach and, therefore, were able to present an excellent proposal for the ~
project as well as the Assisi Lane project. He recommended accepting the I '
i
Smith & Gillespie proposal in the amount of $9,800.00 ~
Bids for the Assisi lane project would be opened on October 19, 1995. The
estimated cost of this project was $600,000.00 and he recommended i
accepting the Smith and Cullespie proposal for engincenng and inspection
services at a cost of $ 15,780.00. i
Mofioo: Approve staff recommeodatioo and accept the
oseNBt.twn
j
x I
proposals of Smith & Gillespie to provide eogiocering aed ' StlAUCHNESSx x ~ x !
i
inspection services for the Siltair Utilities Improvemeoa ie the ATERS I x x I 1
amount of $9,800.00, and to provide eegieeerieg aed inspection FLETCHER I X
services for the Assisi Lane water treatment place project io the
amount of $15,780.00.
I
In response to a citizen's wncerns regarding whether, under Florida law, ( j
the city could legally contract for engineering services for these projects ~ I I
without first issuing requests for proposals, the City Attorney advised that I I i
the city was acting within the parameters of Florida Statutes with respect to
continuing contracts for professional services
Following further discussion, the question was called and the motion carried
unanimously i I i
B. Disauaion and authorrzation of permanent T-Ball field in I I
'- Jack Russell Park
Commissioner Waters indicated that the Atlantic Beach Athletic Association ~ ~ i
(ABA.A) was in the process of plannine their spring 1996 program and thev
had requested that the city approve the use of present T-ball field on a ~ I
I
permanent basis I ~
i
-~ _~ __. __~ - i
Page Pirr
\tinwes -0ctoher'+ 199s I
t:Ardl: OF
COMtdNS. '
11•; i S
v
I }~
~ v
i
6. Adoption of Resolution No. 9535 recognizing R'illiam I.
Gulliford, Jr.
This item was taken up and acted upon earlier in the meetine
i
I
i
C. Adoption of Resolution No. 9536 recognizing the I j
Beautification Committee I I
This item was taken up and acted upon earlier in the meeting. I ~
6. Action on Ordinances:
A. Ordinance No. IS9S7: AN ORDINANCE OF THE
CITV OF ATLANTIC BEACH: FLORIDA,
PROVIDING INITIAL AUTHORIZATION FOR THE i
ISSUANCE OF NOT TO EXCEED SY4,506,000
UTILITIES SYSTEM REVENUE BONDS, SERIES I
1996, OF THE CITY OF ATLANTIC BEACH TO
FINANCE THE COST OF CERTAIN IMPROVE-
MENTS TO THE CITY'S WATER SEWER AND
STORMWATER UTILITIES; PROVIDING FOR THE
PAYMENT OF SUCH BONDS FROM THE NET
REVENUES DERIVED FROM THE CITY'S WATER
SEWER AND STORMWATER UTILITIES SYSTEM
AND OTHER MONEYS; PROVIDING FOR THE ~
MAKING OF COVENANTS WITH RESPECT TO THE
FIXING OF RATES, FEES AND CHARGES AND
OTHER MATTERS IN CONNECTION WITH SUCH
~ i
BONDS; AND PROVIDING AN EFFECTIVE DATE
ROSERBLWY, x ' w
Motion: Approve passage of Ordinance No. IS9S7 on SHACCxNE55x ~ I x
first ruding and set for public hearing on November 13, 1995 wA7ER5 I x
i LEi 55 x X
No discussion before the vote The motion carried unanimously FLETCHEk %
In response to citizens who wished to speak to the ordinance, the Mayor ~
advised that those interested in the ordinance would have an opportunity to
I ~
speak to the matter at the meeting of November 13. 1995 The Mayor i I
requested that the public hearing be well publicized
_, \~ew Business: ~ i ~
.1. Arrept proposal of Smith and Gillespie Engineers. Inc..
Pagc Four
Minutes -October 23, 1995
Following further discussion, the question was called and the motion tailed
on a vote o(2 - 3 with Commissioners Shaughnessy and Weiss, and Mayor
Fletcher voting nay
Motion: Accept the recommendation of the architect with
respect to the doors, subject to the building having a security
system
Following brief discussion, the question was called and the motion carried or
a vote of 3 - 2 with Commissioners Waters and Weiss voting nay.
The ques[ioo was then called on the original motion to award the
coatraet for constroaKion of the Donner Parse Community Center to
Custom Coostrurtioo by Rams at the amended bid price of
SI82,287.(q, and the motiou carried unanimously.
Commissioner Shaughnessy requested that the building official, Don Ford,
keep an eye on the construction az it progressed. Mayor Fletcher requested
that Mr. Ford provide a report on the status of the wnstruction at each
Commission meeting.
4. Conseef Aeenda•
A. Acknowledge receipt of Public Works Projects Status
Report
The City Commission accepted the report. No discussion.
~, Action on Resolntion.
A. Adoption of Resolution No. 95-34 authoring budget
adjustment
Deputy City Manager, Jim Jarboe, explained the proposed budget
modifications (The budget modifications are listed in Exhibit B attached
hereto).
Motion: Approve passage of Resolution No. 95-34
..\o discussion betbre the vote The motion tamed unanimously
x
x
X
a
x
X
X
X
kOSEFBL00M ~~ X ~ R
SttAUGHiESSY ~ ~ x
uAiERS i 'X' X
:tE155 ~ I I x
FLE'ICHEk ~ ~ ~,
v t
NAtdl; OI
COMMHS. ~ M j S Y t;
Page Jhrcr
Alinutes-October '_3, 1995
Btth Robertson, Presidem of Atlantic Beach Experimental Theater
{ABET), reported relative to proposed Halloween activities at the .Adele
Grage Community Center, and presented a check for $70 00 to the city to
cover the cost of candy and other treats for the children
William 1. Gulliford, Jr., reported that Beaches Habitat was planning to
constn~ct two houses in the vicinity of West First and Nest Second Streets,
in Atlantic Beach. The construction would begin on November 8 and
would be completed within ten days. An open house would follow, and Mr
Gulliford invited volunteers to participate in this and other Habitat projects
3 Unfinished Bu•ines••
A. Award Contract for construction of Dooner Park
community center, pursuant to the specifications of Bid
No. 949520 (Rebid)
Deputy City Manager Jim Jarboe reported the city had received seven bids
for the constmction of the Donner Park Community Center. The low base
bid in the amount of $189,000.00 had been submitted by Custom
Conswction by Hams, and in order to keep the project within budget, staff
recommended that the bid award include bid alternates #1, #2, #4, and #7 in
the deductive amount of $7,213.00, bringing the total bid to $181,737.00.
(The referenced bid alternates are explained on Exhibit A attached hereto).
Motion: Accept the ataR recommendatan and award the
contract for construction of the Donner Park Community
Center to Custom Construcfioo in the amount of 5181,787.00
In further discussion, Michael Dunlap, the project architect, indicated that
the door included in the base bid was wperior to the door in Bid Alternate
# 1 and suggested the City Commission consider approving the door
specified in the base bid
Discussion ensued and Commissioner Rosenbloom indicated that while Bid
Alternate #4 (wood frame construction) reduced the cost of the building by
$3,(X10.00, he felt that construction from wncrete block would provide for
more durability and security Some commissioners felt that a concrete block
swcture would be less vulrcrable to termites
M1lotion: Delete Bid Alternate No. 4 and construct the
building from concrete block
v, I ~,
!: At.!!' Gi-
C09L`dNS L; :; 'i i N
!cost:;ISLC;or ~ ~ ~ x
~ShTLGBSF,55'i ~ I I
~l;Ai ~nS ~ X I X
"w F,ISS
I~tLeTCHFH i
L--~.~_ _
Minutes -October 23, 199
~ ~~ i
NAhtf: O:~ ~
- COMMHS. ~ ht '.~
~_. 5' i N '
-
.Mayor Ple[cher presented in full, in writing, Resolution No 95-35. ~ i
I
!
RUSENBLWM % ~
~
Motion: Approve passage of Resolution ho. 95-35 SHAUGHNESSY
WATEkS % %
X
!X ~ S I
Ko discussion before the vote The mOtiOn Carried unanimously IWE155
FLETCHER I I % i ~
Mayor Fletcher thanked Mr. GulGford for his efforts on behal(of the citizens I I
of Atlantic Reach and presented Resolution No. 95-35 in plaque form to Mr.
Gulliford. ~ ~
5C. Adoption of Resolution No. 9536 recognizing the Beautification
Committee
i ~
Mayor Fletcher presented in full, in writing, Resolution No. 95-36. i
ROSENBLOOM ~ X
I
SNAUGHNESSY ~x X
Molion: Approve passage of Resolution No. 9536 WATERS . x ~ x i
WEI SS I %
No discussion before the vote. The motion carried Unanimously. FLETCHER ~
I K ~
I
Mayor Fletcher complimented the Beautification Committee on their efforts
to enhance the appearance of the city and presented Resolution No. 95-36 in ~
plaque form, to Bruce Tusher of the Beautification Committee. j
2 Reco¢aition of Visitors: ~
~
~ ~
Chuck Wtst, 1464 Camelia Street, complained of the lack of routine police
I I
~
patrols in his area and inquired why so many police cars were frequently ~
parked in City Hall parting lot Mr. West was instructed to discuss his '
~
~
concerns with Chief Thompson I ~
J.P. Marchioli pointed out erosion and other problems which he had ~
noticed on a recent visit to Howell Park, and suggested the city look into [he
matter
.lames R. McCue, 660 Aquatic Gardens, brought several wncems to the f
attention of the City Commission, including the need for increased mowing i
and maintenance of the drainage canal and retention pond, and recent ~
burglaries in the neighborhood Mr McCue was direned to contaa Chief
"fhompson regarding the public safety concerns, and to discuss the mowing
and maintenance problems with Public Works Director. Rob Kosoy ~
)t rs. Cos of the Cloisters Condominium inuoduced Adele Gross and '
~ i I
I ~
i
indicated that Ms (irons would be the Cloisters Roard liaison to the City (
~ j
('ummission
1 I
AfINU"fE5 OP THIi REGULAR V1EF.'fING OP ATLANTIC BEACH
CI"f l' COMMISSION HELD IN CITY HALL, 800 SEMINOLE R0.4D,
A'I' 7. I S PM O.\' MONDAY, OC"fOBF:R 23, 1995
PRESENT Lyman T. Fletcher, Mayor
Steven M Rosenbloom
Suzanne Shaughnessy
1 Uezmond Waters III, and
Roben G Weiss, Jr., Commissioners
AND James R larbce, Deputy City Manager
.41an C Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Fletcher. The invocation was
followed by the pledge to the Oag
1 Approval of the minutes of the ReosLr MeetinY of October 9
fAd Special t ed M tiny of October 37 1
Mo[ion: Approve minutes of the Regular Meeting of October 9,
1995
No diswssion before the vote. The motion carried unanimously.
Mo[ion: Approve minutes of [he Special Called Meeting of
October 17, 1995
No discussion before the vote The motion carried unanimously.
~, R~enitioo of Visitom
A. Presentation of Proclamation declaring [he month of
November as Epilepsy Awareness Month
Mayor Fletcher presented in full, in writing, a Proclamation declaring the
month of November, 1995, as Epilepsy Awareness Month in Atlantic Beach.
Agenda items 56 and SC were taken out of sequence and acted upon at
this time.
56. RESOLUTION NO. 9535: A RESOLUTION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, RECOGNIZING THE
EFFORTS OF WILLIAM 1. GULLIFORD, JR, IN THE
SUCCESSFUL LAWSUI"f AGAINST'fHE CITY OF
JACKSON MLLE, AND PROVIDING AN EFFECTIVE DATE
NAME OF
COt.1MRS.
-~ i--
I '
V ~ V
~O~O~
~ T I T
el e'
D D'
I
^. I s
oleo
T~C~ ~ ~
IiO~YI
O, N E• fi;
NID SAO,
ENBLOOM x
,UGHNESSY i % I X ~
'ERS I IX XI
SS I I
X
TCNER ~ I X
ENBLOOM I I i X
UGHNESSY i X i %
ERS ~ X I ~ X;
ss I f x ;
ICHER ~ I ~ X
[ i
CITY OF ATLANTIC BEACN
8:00 PM, TUESDAY, NOVEMBER 7, 1995
AGENDA
RETIRING COMMISSION
CaII to order
Invocation and pledge to the Flag
I . Approval of the minutes of the minutes of the regular meeting of October 23, and Special
Called Meeting of November 2, 1995
2. Recognition of visitors
3. Any other business
4. Reports and/or cornmems from City Commissioners, City Manager, City Attorney, and
City Clerk
Adjournment
NFW COMMISSION
Oath of office (Seats 1, 2 and 3) -City Clerk
Call to order
I Presentations and recognition of Retiring Commission
2 - Selection o(Mayor Pro Tempore
3 Comments from New Commission
Adjournmem
Eoo Eranun.F. aono
:1TLAX77C NF,AIIB. FI,OIt1UA 82e3).i.ii
TFLEI'1103F'YOir 2.]~iEM
FAX 91A ~ 1r ~ SApS
A'StT,~I p:;?~FE00
October 25, 1995
Honorable Mayor and City Commission Members
Atlantic Beach, Florida
Dear Mayor and City Commission Members
After careful and lengthy dehberazion, I have decided to accept etttploynrettt wi[h another Florida
commututy and herewith terrier my resignation az City Manager for the City of Atlantic Beach,
Florida. My resignation shall take effect November 24, 1995 and provide you with four weeks
notice az is appropriaze for this level of poshion.
I have sitxxrely rnjoyed my tenure with this outstanding community over the course of the last si.:
plus years. 1 have found h to be a great pleasure to serve the Atlantic Beach residents, elected
officials, and work side-by-side with rrry fellow etttpbyees. A lot has been accomplished over the
course of this time and I think I leave our corranunhy in solid financial condition, achieved many
accotrtpGshments, and faces a brigh[ future. While we have had difficulties a[ tunes, I have done
my utmost to provide you whh professional., fair, impartial, and efficiem service, 1 wish my
successor well in his/her tenure for this fete community and urge your adherence to our city
manager form of govermnen[, support to your new administrator, and a total commitment to
maintain the integrity of the rystem.
1 truly wish the best for the people in Atlantic Beach and hope your dreams and azpirations will be
realized.
Res ctfully Submitted,
r, ~ j
Kim D. Levtbach
City Manager
cc: Donna Bwsey, Admin. Asst./Personnel Tech.
L t,-J
~.•.
};
Y
F
N W
Q O
~~
N^
r ~
F j 4
y Q Z
~ ~ O
~ ~ ~
~ ~
? ~
~ N
V 20
o?ro
W 0.
J l~ W .,
J J ~
3~~
wzo
oz
w~
x
3w
m
Q J
W ~
°C 3
a
a
3
u
0
w
..
W
Y
Z
O
U
end H~b39
f ~
V
y M
ea ~ d
s ~ R ,~ ,.
4 ;. ~ ~ ~
C zl ~ ~ 0..
I~ ~ ~
Q ~-
J
Jli
y~
J, ~ I
s
0
r
r .I
3` ~
Y
J
3 a~
W
1
.7lf
r
H
W
w
F
H
r
"3/~t~ hi~b'39
CITY OF ATLANTIC eEitCB
CITY COMMISSION MEETING
STAFF REPORT
AGENDA LTEM: 16th Street Dune Cresson~* •'nd•°---a...•-
SURHITTED BY: Robert S. ficsoy/Di rect ns rf F':::;' ^ '~ .. _~ ,~~~
DATE: Hovemher 1, 1395
BACKGRQUND: Or. 10/•^,.`/45 cone!ru^!i r^• v3-. ~,--
l~t; Stree`. Du r.e rressover by order h~. [. ..~ • ..
Manna= a• thn n`. -. .,'y Co... ~~. ._. .n ;Sn -.- .- .. ...
~
a.,, tit ~
..,
On i^,/?; !95 the ~:_ ;(a eager Fu h'i,:. ~.. .- D!:, .. ..
•
Mrs. ?ay and ~.~ •as
a.reed Lha <he ~aa-1 :..t; ..
_. tt<. .,utride ^f the nt rocs en `}F ._. .. - _.
noted on. Lhr- attached plan. As Pu: `_he, a~.. r -
.. ..
. .. .
.
.
e xten,~ .o the cro~.md.
These mndi t~cati ans w:ll require add;`-. :.a; - - - -
_
to n P'y Lhe ]umber ~c ttach it to 5ti. ~~
we w_1: need appr^xima~_.y two wee::= c.. -
unless we er.pe r. once a delay ;n the ;hipmen `. rf ,,.,
.
-
_
iron t.ed wocd. _...
ri rs. Oay Y•as agreed to allow cur wcr':.ers a^_ces=. r
r,~r
property adjacent to the s±ructure to make Shese
modiii ca'.tcns and we aereed to avoid wa P.:ino ^. .r r::c ; ~:.-
any unnecessary pressure on the railroad *._ .etai:; :_•r ~.
or. the &;n`h side of her ;?.-iveway.
The additional cc=t Eor ~a'eri315 wall be "..'. -
~
3" r. - x .. tons -. - ., - b.ca~ ,._ _, •--. -. -
RF.!'OMMEND4TTnN: Fecor :need approval -.--:"._. --r.. ..:- -_.
~
~'
,.2:5
; 'i
ATTpr'yvcgT' l~~t Pt r....• __.+ o~~,-'_, -....
~~ ~%
RF.V TEwFtt P.Y ::I TY MANA!:ER: ---- ~_.~~~Zy~%twC/'
Budget Adj uscnen r. AGF,NDA ITEM ?+O. -_ ___ _. _ _. .. __ __._
Amended
Attoun[ Fumber Descripcion Budge[ Budee[ Increase
300-0000-572-6300 Improv. Other Than ;220,000 ;223,000 E3.000
Building
Fir.ance Di re a or __-
RESOLUTION N0.9S39
A RESOLUTION TRANSFERRING CERTAIN MONIES RE7IVEEN FUNDS
WHEREAS, the City Charter of the City of Atlantic Beach requires that the CiR
Corrtmission approve all budgetary increases and transfers from one fund to another, and
WHEREAS, the nature of budgetary ystems and those day to day decisions affecting
such budgetary systems require adjustment from time to time.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the Ciq of
Atlantic Beach, that the attached Budget Adjustment be approved for the 1995-96 budget.
Adopted by the City Commission this 2nd day of November, 1995.
Lytnan T. Fletcher
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
Ciry Attorney
ATTEST:
Maureen King, CMC
City-Clerk
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
November 2, 1995 - 6:45 PM
AGENDA
Call to order
Action on a request for 16th Street Dune Crossover modifications, and adoption of
Resolution No. 95-39 authorizing budget modification
Resignation of the City Manager and related action
Any other business
Adjournment
s
Page Two AGENDA November 13, 1995
B. Acceptance of low bid of Beach Construction Company, Inc., in the amount
of 5680,000.00 for Water Treatment Plant U3 Improvements, purwant to Bid No.
9495-16
C. Rewnsidera[ion of appointment of Mayor Pro Tem
6 City Manager Reports and/or Correspondence:
A. Request for policy direction with respect to 16th Street Beach Access
7 Reports and/or regtxsts from City Commiuiooers. City Attorney amt City
Clerk
Adjourrunent
If airy person decides to appeal airy deasion made by the Cay Commission with respect to any matter
considered tt arry madmg, such person may need a record of the proceedings, and, for wch purpose,
nay rKed to ettwre that a verbatim record of the proceedings is made, which record shall include the
testimorry and evidence upon which the appeal is to be based.
Arry person wishing to speak to the City Commission on arty matter at this meeting slwuld wbmit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the emrance to the Conunission Chambers.
_x_.. _.__.. __ .w..
r I~
CITI' OF' A"fi,AN'I'IC BEACH
November 13, 1995
AGF,NDA
Call to order
Invocation and pledge to the fiae
Approval of the minutes of the Regular Meeting of November 7, 1995
RecoAoitioo of Visitors:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LIS"FED BELOW THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
Consent Agenda:
A Acknowledge receipt of Public Works Status Report (Bob Kosoy)
B. Acknowledge receipt of Building Dept. Report for October 1995
C. Acknowledge receipt of Code Enforcement Report for October 1995
D Acknowledge receipt of Recreation Dept. Facilities Usage Report for O.-tober
1995
E Authoriu purchase of van for the Police Department pursuant to the specifications
of Bid No 9495-25 from Regency Dodge, at a wst of $17,884 00
Action on Ordinances:
Introduction and first reading of Ordinance No 35-95-10 providing for the re-
firwxing of a balloon payment on the outstanding City Hall krart to the First Municipal
Loan Council
B Public hearing and final reading of Ordinance 15-95-7 providing initial authorisation
for the issuance of not to exceed 524,51)0,000 utilities system revenue bonds
1ew~ Business:
Public hearing and action on a request for aUse-by-Exception filed b}~
Richard Bell to operate an office for Richard Bell Building Contractor in his
home at 1952 Beachside Court (George Worley)
nrnlAac or rlcr
~. InyrN. -~
=truo<urro 1 .nd epreN to yrop.rtY nM proDeroG
nde to nulondpYnte' I.rtleulnr reterenae i• Y[S
eonrrnlenee, rotive nro MdNtrln MO
in enn. nt trnttle !!ro and a entelY and
ontrotrophe~ eentrel nro nowro
3. Ott-etrgt O4ASnf .W 1walnf i..a. ___ ___
Pnrl leulnr tlrotlN 1. N1d to lly 1teM Ln 1.
nbe Yn .ed the VYnt..
etteatn eZ eeene.le, NlN,
dletelat/e and P eNrltN tferorellT .!paiein: ..
oal~ble~lcAlNrr ~ YC NrrlN o»u Ir• ~ ___
Y neNNlAle, ~ -MIrt1N .N nre
eiu~..l.° ~'eaKwb 11ttT w oNa.culutY of --- ~ ---
~• TYw, di NneloN .ed eMrroter et eereenliy A ___
nd butt.rlnf .re .
deiNte.
rlt.r.nw to
S. 61pn• nod Olve mow Ntrter 11/AtiW. rllh
hnrronT .nd .» Nd !re!!la Nletr. .re
in tb aietrlet, ee.V.elbA rltA otAer le
frgertlN
.e.eu.pulred f.r4 .N elAer sfee eNNe .re -_- __~
Prowrtiro .M otMr~11Y eN-fll-le .ltA edafwnt ___ ___
IreM'rtf 1. tAf dlotriot,
COIIIIUMITT ffY[1.WMifT fOlfp fppfT
lff ~~1TIOrf1
1
l OTIOMb fi 7YL CITT ~IYIq
a:-
Pleeve iYPe or Print In Ink
APPl acetlan Fee SI00.
APPLICA TI OM FOR •USE BY EXCEP
~~
~~~
TIOH• ~
~
`Y~ '
~~
o.e. Ff lea, ~ • c~
---=_Y ,~f'1
_____ . , Y :: 1955
N eve entl Aatlreee of arne ~Ui~l fly Bf Cf Zpi
r
r
os Tsnent in Povvevel on o1 P
-_
____________ revivee,
,..5~ ________ Pn pnv
' '-__'? ' Nye
_ '1 i z. i
__
r!
by rEx wptlon ••1 "reQuw N
verlptlon of the pr _
_____ _ _ _
d
ev
!~ • ivee .. <o rA1cn the
___________________
_
_
__________
LG? ° ~~ ___________
----'-- fre~icn si hF
I
_____ ____________
_____________________
--
___
• tlevcription of thv •Uy br Exe•ptlon• Ee.1rw rhleh_ --____- ___
entl PertleulerlY agorlM thv typ., chvrvebr vntl
•U•• byqEx~eeption•~ •h•11 vpeclflcel
Hm~ ~Iti nf-L., r i •x bnt of thv propoa,
rl7~S ''"fkT _ __ r~fTn/Yn_~{5 i'tE_ir.' n)Y i.,.,,SJ
SPVC lilt ryvop. rh ~/ mr.gE. _________
r the vPP11cy! luau the repuevt vnoula b• prentrtl:
L Ahr.~ rT~ rrr m o ~~__~Z_ / P.' CRr7t-t'~/;.:~
----"y-- ~-'~-iromF c
-----f--_-'-• ~ ~F ~
'kk/ -___" -C_irr_~.~ tar
' Ft7it,t -- Miami
____~_ _________ 'S_ cB E.
___________________________ _____________________
7 ______________
epmt or v r or atornq,__It oapnvture of or '~______________
•tt°'neY. Ln°lutle la br `Ppllae tton ^•r.~of the Dronerty
fro• eDPllcent to tha eZfvot lthout oenl of De procveeed
orn qv . pnetery,
APplicvntt D" not-fill-Sn beyond th3• polo t.
r yp°ntl to the folIOrtnO Stay,
Nogrv b. pr epered to
Mc. walshau presented a Ietter ftom the homeowners associate c;.
indicating [heir approval of the construction.
Mrs. Walshaw explained that their son had an allergic reacts or, to
mosquito bites ano it vas her hope that the screened enclosure
would protect him from the mosquitoes.
The Chairman read the guidelines defining the definition of
hardship and the parameters the board has to work with in grantrna
or den yinq a variance request. -
After discussion. Mrs. Walker moved to grant the varrance as
requested. Mrs. simpkins seconded the motion and the variance vas
denied with two aye votes from Mrs. Walker and Simpkins and four
nay votes from Mr. Frohwein, Grunthal, McGowan and Wolfson.
There bee na no further business to come before the board, on motion
n~adF. the meeting was adjourned.
S?GNED:
ATTEST:
DRAFT COPY
t11NUTES OF THE CfitlFfNNiTY DE'J ELOFM E'iT EOAii i'
OF THE
CITY OF A'!'LANTIC BEACH. FLOFIlli.
OCTOBEk 1?, 1995
7:00 P.M.
CITY HALL
PRESENT
Don Wolfson
Pat Pillmore
Mary Walker
Hobert F'rohuein
Mark Mccouan
Buzzy Gnmthal
~~~-
~ Alar, Jensen, Crtv Attorney
George Worley, I1, CD Director
ASSENT
Pa[ Pilimore
Charrmar, Don Wolfson called the mr_etrna to ordFr and .a sl:Pd rct.
approval cf the minutes from the meetrny of F.enrember 7d. 1'-u;.
Uoon motion made and seconded the minutes were approved.
The charrman recognized Edgard Norio who reported success
'-he fence erected at 1&49 Seminole Road. A varianr:v uas granted
to N.r. Moon 1n A.uoust 1555.
Applrcation for Use-by-Exception filed by R_chard Eell to
overate his construction office with no outside s[orayF or oarkrna_
cf eouipment at his home located at 1952 Beachside Court.
Mr. Sell rntroduced himself to the board and exoiained that
he desired to conduct the office portion of his ccnstructt on
fastness from tus home. He rndreated [hat only tel eohone anti
-.er_cal uor L, will be perfonr~.-d at the location ai,d no outr,c.-
storage or heavy equipment patkrny will he located at i,:s-
resrdence.
After drscussion, Mr. McGowan moved to recommend aporovai of
":~ use-bv-ezcep[ron as toga.. ~.t ed. Mr. F'r ohue.n
mctt^,n and the mcU on passed unantmcus]y. "ecOpd°^ th'
__ 'I~ APPlrca[ion Eor varrance filed by Larry Walsha:: to
:~st r,:c[ a sct Paned enclosure for an er.rstrno deck which utli
..,-roach the rear yard se[ba ci: irne at property located a[ 90 O~~ean
:reeze Drive.
`•'. aalsr~au tnetod aced h; mFlf to th.~ hoatn and stag s~i .=,r
.. '?erred to ~.-.close an exrrttnc around t<vel ded: that :;tl;
'.~roaci, the rear yard setback i,y aPPror.tmately 10 fort.
NOTICE OF PUBLIC HEARING
CITY OF ATLANTIC BEACH
Notice is hereby given dte Ciry Commission of Athtmic Beach, Florida, will hold a PUBLIC
HF,ARING on Monday, November 13, 1995, at 7:15 PM at Ciry Hall, 800 Seminole Road,
for the purx>se of hearing and considering the views of the public concerning the following
request for a Use by Exception:
AN APPLICATION FOR A USE BY EXCEPTION FILED BY
RICHARD BELL TO OPERATE, AN OFFICE FOR RICHARD
BELL BUILDING CONTRACTOR IN HIS HOME AT i%2
BEACHSIDE COURT
All persons interested are notified to be present at said time end place and they shall be
heard. If a person decides to appeal a~ decision at any meeting or
record of the proceodinp~, and fa such ~& he will need a
of the PQp°~ he ~ need tO ease ~ a verbatim record
proccedings is made, which record shall include the testimorry end evidence upon
which appeal is to be based.
In accordance with the Americans with Disabilities Act, persons needing a special
accommodation to participate is this proceeding should contut Maureen King, Ciry Clerk,
at 247-5809, or at City Hall, 800 Seminole Road.
Posted. Ciry Hall
Public Works
Published. Beaches Leader, Wednesday, Ocwber 25, 1995
6'24-159 ATLANTIC BEACH CODE
19) If at any time there is a complaint u(noncomplianre o(the above which is sustained.
the convenience license shall fx revoked.
(b) Home occupations existing at the Gme this section is adopted will comply subs[an-
!ially with the standards of this section on or before April 1, 1990.
lord. No. 90.82-74, § 2(III, H, 81, 7~26~82; Ord. No. 90-88138, ¢ 1, 3~27~89; Ord. No. 9089-146,
4 I, 8~28~891
gee. Y4~180. Miaiwarehaoaes.
The buaineae commonly known u mioiwerehousee shall be utilized for the sole purpose of
etorege d tangible personal property.
(Ord. No. 9579-18, 4 2, 16&79)
See. E4181. OK~treet parkio8 and ksadia8.
(e) Genera[ Minimum aR~street vehicular parking spaces shall be provided at the time of
the conetruvtion of my main building for the ueee described in this eectian. The farilitiea shall
be arranged for convenient access and esfety of pedestrians and vehicles: shall be pared,
adequately drained and maintained in a dustproof conaitioa; eha11 provide berries when
located at the peritne4r of the lot to prevent extcoachmeat on to adjacent property; and when
lighted, lights shall 6e directed sway from adjacent property. Parking arena nerd driveways
shall cot obstruct storm water dt-aiaege scales, guttering, etc.
(b) Plana required. A plan shall be submitted with the eppluatioa for a building permit
for any building requiring otLstmt parking cad loadirtg with sonuate dimeneiom for park
ing and loading spaces, ecceea sialee sad driveways and location of parking end loading in
relatiomhip to the buildings ar uses to be xrved.
(U Mewarrment Where Door area determines the amount of affatreet parking and
loading required, the floor area of a building shall be the some of the gross horizontal area of
every Moor of the building, using exterior wall dimemiom. In places of public assembly in
which occupants utilize benches, pews or similar seating, each twenty~four (24) lineal inches of
such seating shell be considered one (Il neat. When computation result in requirement of a
tractional apace, a fraRion equal to or more then one-half shall require a full apace.
(d) Uaea not apenficol(r mentwned Regwrements for o2street parking end loading (or
uses not specifically mentioned m this section shell be the same as required for the most
similar to the one sough[, it being the intent of thin article to require all uses to provide
o(i-street parking and loading.
fe) focatwm
f 11 Parking spaces (or dwellings shall be located on the same property wnh mom build
ing to be served, where feasible.
(21 F erking spaces for other uses shall Ge provded on the same Ict or not more than four
hundred 14(10! feet away.
s„vp ::, v
1458
•+,~~1 ~: , AKI/ zSl!14U1A~[~IUN KeGU Ln'flu.V
§ Y4-159
ti'''~ 24-159. Homa• ocoupalions.
K
+. L+ovrt f., nrugn ae the need (or People [o mnducl small-scale home a~eupa lions, which
arc muden t;il e+ th+. pri n+a rr nvr of Ihr res+denca•, while preserving the character of residem
toil nr+ght.uho+vts ;md mmi m+z+ng traffic and nonresrde•ntial disturbances.
!al A home ceeu ti-
t keeping busine: s records nnthonnect~onl wq~ nor the purpose of cocci ving phone calls and
achvrtY of a sedentan' nature, as listed in (7i below feSSlOn or occupation or any business
districts and shall require a "cony ~ shall be permdted in all residential
limited enierce license." Service Deco
to beauty sn lombarber (limited ro one o Pa[ions including, but not
remodeling or home repairs, wall Aerator), carpenters, minor contractors doing
groomin papering, poor covering or file work, cosmetic sales, pet
g. repairmen (household appliances), travel agents, painters, window cleaners, and
maid or lawn service, shall also he
used in the
business and the applicant can meerlnall other co di[ions prov dednherein.l The following
occupations shall not be permitted as home xcupations: EsmrVintroduction service m
therapist, welding, vehicle repair, manufatturing such as cabinet makin
Home assage
occupations shall not be g. or upholstering.
documents are recorded in [he permitted in areas which are restricted b
the City of Atlantic Beach. Allpother business aDc[ivitlies shay bearstnletewd th the city clerk of
districts. The following regulations shall apply [o home occupations: to the commercial
(Il The address of the home arupation shall not appear in the telephone book, on
letterhead, checks or any type of advertising.
f2) No one other than immediate family members raiding on the premises shall be
involved in the occupation. There shall be a limit of one license per person, and nu
more than two l2i licenses per household. The
home oocupation shall be nontransferable.
(31 All business aeti vibes conducted on the licensed premises shall be condutted entirely
within the dwelling. There shall Ix no outside storage or outside use of equipment or
materials.
!4t No more than one ;11 room of the dwelling shall
provided the area of that room does not exceed twent~ to conduct the occupation.
living area of the dwelling. > Ave t25/ percent of the total
~?+ No external sign or ev+dea<e that the dwelling is beinK used (or the home occupation
shall bo- allcrerd
'~; There shall br no pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors
or elrctncal mvrferrnn' as a result of thc• home occupation.
+i The t°Ilow;ng ar" q'P;ral occupations that are acceptable as home xcupatrons: Ac.
mm~t~nl. arch Weer, arts[, attorney, bookkeeper. consultant. auctioneer. seamstress
nr taJnr. u+surmu• agent, music mst ructor, photographer, piano tuner, real estate
agent, s•cn4a nai o-.rv+cn•. to laphone ansx~CnnK service, hobby/crafts toot mvolv;n •
bra vy ryn+pm.~nt,
!,
1457
Mr. walshaw presented a letter from the homeounecs associat:cn
indicating their anoroval of the construction.
Mrs. Walshau explained that their son had an allergic reaction tc
mosquito bites and it was her hope that the screened enclosure
uculd protect him from the mosquitoes.
The Chairman read the guidelines defining the definition of
hardship and the parameters the board has to work with in grantino
or denying a variance request. -
After discussion, Hrs. Walker moved to grant the variance as
-ecuested- Hrs. S'_moki ns seconded the motion and the variance vas
deri ed with two aye votes from Mrs. Walker and Simpkins and four
nay votes from Hr. Frohuein. Grunthal, McGowan and Wolfson.
There being no further business to come before the board. on motion
made. the meeting uas ad iourned.
SIGNED
ATTEST:
!+.: NU~E~ OE THE COMMUNITY DEVELOPMENT BOARD
OF T!?E C?TY OF ATLANTIC BEACH. FLORIDA
OCTOBEk 17. 1995
7:U0 F.M.
CITY HALL
PRESENT Dor. wolfson
Pat Pillmore
Man' walker
Robect Frohwein
Mark McGowan
Buzzy crunthal
AND Alan Jensen. City Attorney
Geocge Worley. II. CD Director
ABSENT Pat Pillmore
Chairman Dan wolfson called the meeting to order and asked for
approval of the minutes from the meetino of September 26. 1995.
Upon motion made and seconded the minutes were approved.
The charrman recognized Eduard Morin who reported success in
the fence erected at 1649 Seminole Road. A variance was a_ranted
to Mr. Morin in August 1995.
I. Application for Use-by-Exception filed by Richard Bell to
operate l,is constzuction office with no outside storage or parkrno
of equipment at his home located a[ 1952 Beachside Court.
Mr. Bell introduced himself to the board and explained that
he desired to conduct the office portion of his constructior.
business from his home. Ne indicated that only telephone and
clerical work wi!1 be oerf ormed at the location and no outside
storaoe or heavy equipment oarkino will be located at his
.esidence.
After dlscursi on. Mr. McGowan moved [o recommend approval of
the use-bv-excectzon as requested. Hr. Frohweir. seconded the
-,otion and 'l. •• mcti ,n passed unanimously.
:.. :,: ol: cation fe: Valiance filed by Larry walshaw tc
r_.._'ruct a scree:~••d enclosure fcr an existing deck which w.:i
_nc roach tt:e rear yard setbac M. lrne at property located at `iG Ccea-.
~reeze Drive.
Mr. walshas: introduced himself to the board and stated that
..r des~r~•d to ~•;.close an e..~stin-: around level decY. that _.!'.
., m~, ~,a cf: th:e cea: yard r:(i+a V'v. by ernrcxtmately 1~ .. _.
AGENDA ffEM: Use-by-Euceptioo for Home Occupation
5UBMTf1'ED BY: George Worley, Corrrmtmity Development Director
DAIS: November 6, 1995
BACKGROUND:
7Le applicant desirce to conduct the o>$« portion ofhie castracting business from hie
home ~ the shove address. poly telephoce and o16er typical offi« work will take place at the
residetue. No otlside storage is proposed and no hea„Y coootructon egnipmeot will be parked e<
~e recideoce. Hoam occt4aliotst of this oshre can be permitted by Fsceptiao m rcsidestiel
zoning districts.
RECOMMENDATION:
Based upon We applicants ea}xeaaed ishat W comply wiW Sectiou 24-159, TLa
nib il.,...1.......v. n _~~ __ _ _ .
~4
ATTACHMENTS:
1) Application for Use-by-F,xcaption.
2) Miuaee ofthe Comity Developmeut Board
3) Section 24-159 of the Code ofprdioaoces.
REVIEWED BY Cf1Y MANAGER
AGENDA rrEM NO. A
H `
J
between• the provisions of such supplettxtual ordinance atd this ordwaace, [he provisions of the
supplettsntal otdiaaacc shall cooaol.
SEC170N 5. REPEAL OF INCONSISTENT PROVISIONS. All ordinances ardor
such conflict. P~ thueof ~ ~~ ~~ ~ ordinance ate hereby repealed to the eztetu of
SECITON 6. EFFEC7TVE DATE. This ordinance shall become effective immediately
upon its. eaatanen[.
PASSED on First Reading 1995
PASSED oa Sta:oad Readiteg , 1995.
Approved as W form. sufficiency and
correctness:
City Attorney
Mayor/Presiding Officer
A7TFST:
Ciry Clerk
irWArLI P.pri~PAl'trt
3
D. The cost of [he project is estimated to be approximate)}~ 512.IOO,Opp and it is
necessary and desirable tha[ the City authorize a sufficiem Principal amouH[ of revenue bonds
[o ensure the availability of adegwue [Honeys to (i) pay the cost of the Project, (ii) refinance the
Barnett Loan, (iii) fund the trassary debt service reserves, (iv) PaY Ne premium for policies
of bond insurarKe and debt service reserve Cued policy insurance, B applicable, (v) allow for
utMerwri[er's and original issue discotrm upon sale of the Bonds. end (v) pay the costs of
tssvance of the Booms. The Ciry has de[etmined. on the basis of the advice of iu Financial
Advisor: that tht total of such amounts plus a reasonable contin~ertcy is not expected to exceed
$24,506,ppp.
E. The Principal of premium, if any, and interest on such revenue bonds and all
requved sinking fund, reserve and other payments shall be payable from and secured solely by
(i) the at revetnus derived by the City from the water and sewer system, (ii) the H10IIevs on
deposit tram time [o time in the funds aM accounts [o be created by ordinance supplemenu]
onrdto sspoc~ such details of such revenue botlds, and (iii) investrnem earnings on the moneys
~ futtds a>ti accouts (collectively ore "Pledged Revenues"). The Ciry shall
truer be required to levy ad valorem taxes on atrj real Property' therein to pay the principal of
a~ irueres[ on the revenue bonds or to make any otter payments provided for herein and in the
a Mutancerpro~vrdir~ the details of such revenue bonds. The revenue bonds shall not constitute
Po S stem or upon anY Properties oavHed by or located within the bourdazies of the
City, other than the Pledged Revenues.
F• The Pledged Revetwa are estimated to be sufficirnt to pay all priceipal of and
interest on the revenue bonds as the same become due and to make all required sinkiHg fund,
reserve, or other pavmeHts required by the supplements] ordina>xe.
SECTION 3. INTT'IAL AUTHORIZATION OF BONDS. The City is hereby
authorized, subject to further approvals by the Commission as provided below, to issue trot
exceeding 524,SOO,ppp Utilities System Revenue Worlds, Series 1996 (the 'Bonds"), for the
Proposes staled above; the Bonds aze to be dated. to beaz iH,.rest a[ a rate or rates not exceedig
the maximum legal rare Par amum, to be payable. to [nature. [o be subject to redemption and
[o have such other characteristics as dull be provided by resolution of the Commission prior to
rhea delivery; and the Bonds are to be secured solely by 2 lien upon and pledge of Ur Pledged
Revenues.
SECTION 4. SUPPLEMFN'CAL ORDINANCE REQUIRED The Ciry shall enact an
otd[Haux, setting( nh the f ~~~ resohitions supplemental thereto), supplemrntal to this
the marketin¢, sale std issuance of the Bow specific covenants and provisions messary for
Such ordinance Prior to any public offering of the Bonds for sak.
may establish special accouns and include provisions for the sole benefit of the
holders of We Bonds in order w fully protect the righ[s of the holders of the Bonds, irwluding
but not limited te- (1) the provision of a separate debt urvice reserve accoun[ fnr the Bonds
which may, at the option of the City, be funded by a municipal bond resen•e accoum inatrance
policy and (2) a covenant by the City to levy and collect rates fees ar:d char¢e; for the services
of dx System sufficient ro pay the operatig expenses [hereof, the costs of renewals thereto, and
debt semce on the Fonds (including such coverage thereot as is rrcessan• for marketing the
Bonds iccluding reasonabk resrnes ..tor such debt service). In the cast of am~ incoasistenev
ORDINANCE NO. .5-95-7
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, PROVIDING INITIAL AlJ CIIORIZATION FOR THE
ISSUANCE OF NOT EXCEEDING 524.500.000 UTILITIES
SYSTEM REVENUE BONDS. SERIES 1996. OF THE CITY
TO FINANCE THE COST OF CERTAII.r IMPROVEMENTS TO
THE CITY'S WATER, SEWER AND STORMWA7ER
UTILITIES; PROVIDING FOR THE PAYMENT OF SUCH
BONDS FROM THE NET REVENUES DERIVED FROM THE
CITY'S WATER, SEWER AND STORMWAT'ER UTILITIES
SXST'fM AND OTHER MONEYS; PROVIDING FOR THE
MAKING OF COVENANTS WITH RESPECT TO THE FIXING
OF RATES, FEES AND CHARGES AND OTHER MATTERS
iN CONNECTION WITH SUCH BONDS; AND PRO4TDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION AND ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION I. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted
pursuant to the provisions of Chapter 166. Part II, Florida Statutes, and other applicable
provisions of law (the 'Act").
SECTION 2. FINDINGS. It is hereby ascertained, determined and declazed by the Cin~
Commission (the "Commission") of the City of AtWn[ic Beach, Florida (rhe "City') as follows,
than
A. The Ciry has previously audwrized a plan for certain irnprovemems m iu water
and sewer utility system and iu stotmwater management utilip• system (wllectively, [}ie
'Project') and it is necessary and in the best interest of the Ciry. and the health, safety and
welfaze of its inhabitants to initiate the process of securigg financing for the Project (such
improvrnent to be known as the "Projca").
B. The Ciry is without adequate. curremly available funds to finance the cost of the
Project, and it is necessary and desirable that the Citv initiate the process ro borrow the matey
ncecssar}• to fund the Project. Tlx Cin• currently has ouutanding a 510,000.000 loan from
Bartxr Bank of ]acksonville. N_A-, secured by the revenues (the "Net Revemus") of the City's
water and wastewater utility (the "System"), the proceeds of which nxre used and are being used
to pav the cost of other improvements to the System (the "Barren Loan').
C. It may be advantageous to the Ciw and its ratepayers and result in debt sen~ice
savings to the City to repay the Barner Loan in wnjmtction with the financing of the Project.
`f ~i
EXHIBIT 'B"
COMMITMENT LETTER
B-1
to occur on the date as of which the interest on the Note is deemed includable in the gross
income of the Lender.
In no event, however, shall interest be charged or paid in an amount in excess of [he
maximum interest rate permi[ted to be paid under applicable law.
u nn :~ ...~ xnec ,eo: u ~ ~ws.~w ap.
A-7
1d) lans o(Ueduction Under Section 265(b)(3)(B) of Internal Revenue Code. In the
event the Note is determined nut to be a 'yualified tax exempt obligation" within the meanine
ul Section 265ib)13)(B) of the Internal Revenue Cafe, then the original interest rate on the Note
shall be adjusted m `f per annum and any imervrning adjustments made shall be
recalculated using the adjusted rate.
(e) Other Chance in Tax I~rws. I( the tax laws or regulations arc amended m cause
[he interest on [he Note to be taxable, to be subject to a minimum tax or an alternative minimum
tax or to otherwise change the after tax yield on the Note to the Lemler (dircx:[ly or indirectly.
other than a change descrilx~d in la) through (d) above or because of a Determination of
"Taxability) then the interest on the Note shall be adjusted to cause the yield on the Note, after
payment of any increase in tax. to equal what the yield on the Note would have been in the
absence of such change or amendment in the tax laws or regulations.
The above adjustments shall be cumulative, but in no event shall the interest on the Note
exceed the lesser of the maximum permitted by law or the Taxable Rate set forth below. The
above adjustments to the interest rate on the No[e shall be effective on the effective date of the
applicable change in the tax laws or regulations. All tax rates and interest rates are expressed
as annual rates. However. proper parial adjustment shall be made if the tax law change is
effective after the first day of the L.ender's tax year or if the interest on the Note dues not accrue
for the entire tax year of the Lender. Adjustroen[s which create a circular calculation because
the interest on the Note is affected by the calculation shall be carried out sequentially, adjus[ine
the interest on the Note accordingly in each successive calculation using as the new value the
adjusted interest rate on the Note, until the change on the interest rate on the Note caused by the
next successive calculation o(ihe adjustment is de minimis. If more than one of paragraphs (a)
through (e) apply, then the interest on the Note shall be adjusted in the order in which listed
above.
I~axahle Rate
Notwithstanding the foregoing. in the event of a "Determination of "Taxability" fas
hercinaRer defined). this Note shall bear interest at the rate of
percent 1`/)per annum Ithe "Taxable Rate"), from aral alter and retroactively to the date
as of which such Determination of Taxability is made and the Noteholder shall be entitled ut
wch additional interest on this Note. For purprxs hereof. "Determination of Taxability" means
the circumstartce of the interest on the Note txxumine includable for federal income tax purposes
in the gross income of the Isnder as a corueyuenc:e of any act, omission or event whatsoever
:md regardless of whether the same was within or beyond the control of the City. A
Uctermination of "Taxability will be deemed to have oecured upon (i) the receipt by the City or
the Linder of an original or a copy of an Internal Revenue Service Technical Advice
Memorandum or Statutory Notice of Deficiency which holds that tln: interest on the Note is
includable in the cross income of the Zander. tii) the issuance of any public or private ruling
.d [he Internal Revenue Serviw that the interest on the Note is includable in the gross income
.d the IAnder: or [iii) receipt M~ the Ci[y or IAnder o(an opinion u(a Rood Counsel that the
uucrest un the Note has become includable in the gross income of the (.ender her federal ine:ome
pax purposes. Fnr all purposes of this dcfmition. a Uemrminafion of Taxability will be deemed
...u n."., oxn.~ ~~ut u>iw, i,~y.,
A-ri
(Note: To be included if required by Lender)
SCHEDULH?
ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS
Adjustment to Interrst Rate
(a) C_hanee in Maximum [ .,.orate Tax R __
income tax rate for the Lender Burin an - ~ If the maximum federal corporate
titan 34~, then the interest on the Note Burt R such period shall be matifted by mult~l be otthe
interest on the Note (as adjusted) by a fraction equal to (1 - A)Lti6 where A eq als the
maximum marginal corporate income tax ra[e then in effect.
(b) Loss of F eral Income Tax Deduction for State Income Taxes. If the federal
income tax deduction for state income taxes paid nn the interest on the Note during any period
is reduced because of any change in the tax laws or regulations then the interest on the No[e
shall be increased during such period by an amount equal to A x B x C x D where:
(I) A equals the fraction (expressed as a decimal) of the total state income wx
disallowed as a result of such tax law change;
(z) B eyuals the rate of the applicable stare income tax (expressed as a
Uecimap;
(3) C eyuals the maximum federal corporate tax rate then in effect for the
Ixnder (expressed as a decimal); and
(4) D equals the interest on the Note (expressed as a percentage).
(c) Panial T- ~xabilitY If the interest on the No[e during any period becomes partially
taxable because o(any change in the tax laws or regulations, then :be interest nn [he Note shall
be increased durine such perial by an amount eyual to (A - B) x C where:
(U A eyuals the Taxable Rate (expressed as a percentaee):
(21 B eyuals the imeres[ on the Note (expressed as a percenta¢e): and
(3) C eyuals [he fraction of the interest on the Note which has become uxable
as the result of such tax chance (expressed as a decimal).
.U. rill l~ r ~Nn~1,~W:~_
A-S I.. Iw. I,~ry..
SCHEDULEI
REPAYMENT SCHEDULE
Date Principal
Interest Total
... ,nin.o:„y,.~. Iwo:
A-4 ii ~ im-ie wp,
IN WITNESS WHERGOF, the City of Atlantic Beach, Florida has issued this Note and
has caused the same to he signed by its Mayor or Vice Mayor and its seal to be affixed hereto
and arrested by the signature of its City Clerk, all as of the day of ]999.
(SEAL)
CITY OF ATLANTIC BEACH, FLORIDA
By:
Mayor/Presiding Officer
ATTEST:
City Clerk
11 <IM In~.pu
A-3
between the City and First Municipal Loan Council, as amended (the 'Refunding") and (ii)
acquisition and construction of certain capital improvements within the City (the "project')
The City has covenanted in the Ordinance to budget and appropriate in each Fiscal Year
while this Note is outstanding sufficient amounts, from legally available Nun-Ad Valorem
Revenues, to pay the principal of and interest on this Note during such Fiscal Year, as more
particularly provided in the Ordinance (the "Pledged Furls").
This Note shall not constitute a general obligation or indebtedness of the City, and the
Lender shall never have the right to require or compel the levy of taxes on any property of or
in the City for the payment of the principal of and interest on this Note. This No[e shall not
constitute a lien upon the project, or upon any property of or in the City, but shall be payable
solely from the Pledged Funds in the manner provided in [be Ordinance. Reference is made to
the Ordinance for tM provisions relating to the security for payment of this Note and [he duties
and obligations of the City hereurder.
This Note may be prepaid in whole or in part prior [o its staled date of maturity, at the
oprion of the City, at any time, and such prepayments shall be applied to reduce the prircipal
balance of the Note remaining outstandin¢ artd unpaid m the mattrcr described in the Ordinance.
This Note may not be transferred or assigned by [he LerWer without the prior consent of
the City.
It is hereby cenified, recited and declared that all coMitiora, things, arW acts required
to exist, to happen, and to be performed precedent to and in corutection with the issuance of this
Note, exist, have happened, and have been performed in regular and due forth aM time as
required by the Laws and Constitution of the State of Florida applicable thereto, and that the
asuarce of this Note does not violate any constitutional or statutory limitations or provisions.
.unn v.-.,. ~, u.... ,.vu:
Note: To be revised if Lender proposed and Ci[y accepts drawdown featurr, for advancement
of principal)
Nu.
EXHIBIT "A"
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF ATLANTIC BEACH
REVENUE NOTE, SERIES 1995
KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida
(hereinafter railed the "City"), for value received, hereby promises to pay to
(the "Lender") as herein provided, in accordance with the repayment
schedule attached hereto as Schedule 1, solely from the pledged funds hereinafter mentioned,
the principal sum of
and to pay solely from such pledged funds interest on the principal balance outstanding from
time to time at the rate of percent (_~k) per annum, such interest being
payable on 1, 199 ,and quarterly thereafter on each January 1, April 1, July I and
October L (The interest rate on this Note shall be subject [o adjustment in certain events as
more particularly set forth on Schedule 2 atuched hereto and by this reference incorporated
hcrein.~
Interest and principal payments other than the final principal payment shall be payable
by check or draft of the City mailed to the Iznder al its address as it appears on the ttote
registration book maintained by the City. The final principal paymem on this Note shall be
payable when due in immediately available funds upon presentapon and surrender thereof to the
City.
Interest un this Note shall be calculated on the basis o(a 360-day year. consisting of
twelve 30-day momhs_
In no event, however. shall interest be charged or paid in an amoum in excess of the
maximum interest rate permitted m be paid order applicable law.
This Note is issued pursuant to the Constitution and laws of the State of Florida,
particularly Chapter 166, Pan II, Florida Statutes. and other applicable provisions of law, and
an ordinance duly enacted by the City Commission the City of Anantic Beach. Florida on
1995 (herein referred ro as the "Ordinance"1 for the purpose of providing funds
toy the tit refunding of the City's outstanding obligations under the Participation Agreernent
A I u~.i+~o- ~~,
SECTION U. EFFECTIVE DATE. This ordinattce shall take effect immediately upon
its enactment.
PASSED on First Reading .1995.
PASSED on Second Reading 1995.
Approved as to form, sufficiency and
cortectness:
City Attorney
Mayor/PresidinE Officer
ATTEST:
City' Clerk
.....~~ ~.. ,.,~«,., ..~,: 10
~„ ~w. ~,.,.,.~
.. 6... .,...cam -.3ir._....ur .~...~~.
SECTION 12. APPLICATION OF NOTE PROCEEDS. All money received from
the sale of the Note shall be applied by the City to pay Project Costs and Refunding Costs.
SECTION 13. DEFEASANCE. If, at any time, the City shall have paid, or shall have
made provision for payment of, the principal and interest with respect to the Note, [hen, and in
that event, the pledge of and lien on the Pledged Funds in favor of the Lender shall be rro longer
in effect and the City shall have no further obligation to comply with the covenants contained
in Sections 10(B), (Cj, (D) and (E) hereof. For purposes of the preceding sentence, deposit of
Federal Securities in irrevocable [rust with a banking institution or trust company, for the sole
benefit of the Note, with respect to which Federal Securities [he principal of and interest will
be sufficien[ to make timely payment of the principal and interest on the Note, shall be
considered "provision for payment.'
SECTION 14. DELIVERY OF NOTE. The delivery of the Note to the Larder is
hereby authorized. The Mayor or Vice Mayor, the Ciry Clerk and City A[[orney are each
designa[ed agents of the City in comrection with the execution and delivery of the Note and are
authorized and empowered, collectively or individually, [o take all action and steps to execute
and deliver any and all tns[ruments, documents or contracts on behalf of the City which are
necessary or desirable in contxction with the execution and delivery of the Note to the Larder.
SECTION I5. SEVERABILdTY. If any one or more of the covenants, agreements, or
provisions of this ordinance should be held contrary ro any express provision of law or contrary
to the policy of express law, though not expressly prohibited, or against public policy, or shall
(or any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall
be null aM void and shall be deemed separate from the remaining covenants, agreements or
provisions, and in no way affect dte validity of all other provisions of [his ordinarce or of the
Note delivered hereunder.
SECTION I6. MODIFICATION AND AMENDMENT. No material modification or
amendment of this ordinance, or of any resolution amendatory hereof or supplemental hereto
may be made without the consem in writing of the Lender.
.\~\I'.I~ r ar X1\A rMlr~ 11 r,Wll rl¢
(5) under the provisions of any other law for the relief or aid of debtors. any court
of competent jurisdiction shall assume custody or control of the Pled¢ed Funds or of the City
or of the whole or any substantial part of the City's property, and such custody or control shall
not be terminated or stayed within 60 days from the date of assumpcon of such custody or
control; or
(b) the City shall default in the due and punctual performance of any o(the covenants,
conditions, agreements and provisions contained in the No[e or in this ordinance on the par of
the City to be performed, including without limitation the covenant comained in paraeraph (B)
of Section 10 hereof, and such default shall continue for 30 days after wri«en notice specifying
such default and requiring the same to be remedied shall have been given the City by the
Lender.
then in each and every such cax the Lender, or an agent or trustee therefor, may proeeed to
protect and enforce its rights and the rights of the Lender by a suit, action or special proceeding
in equity or at law, by mandamus or otherwix, either for [he specific performance of any
covenant or agreemem contaired herein or in aid or exumion of any power herein gran[ed or
for any enforcement of any proper legal or equitable remedy (including the appointment of a
receiver) as the Lender shall deem most effectual to protect and enforce the rights aforesaid.
[n the event of a defaul[ dexribed in (3), (4) or (5), above of this Section 11, all amoun[s due
under the Note shall au[omatically and immediately become due and payable without notice or
demand, which notice and demand are hereby txpressly waived by :he Ciry.
Nu remedy herein conferred upon or rexrved to the Lender is imended to be exclusive
of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall
be ie addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute.
No delay or omission of the Lender to exercix any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver of any such
default, or an acquiexettce therein; and every power and remaly given by [his section to the
Lender may be ezercixd from time to time, and as often as may be deemed expedient.
If an Fvent of Default shall happen and shall not have been remedied, the City or a
receiver appointed for the purpox shall apply all Pledged Furls as follows and in the following
urdcc
(I) to the ezpenxs incurred by the Letafer or any trustee or receiver in enforcing the
City's obligations, including their reasonable attorneys' fees and costs. ~.ahether or not suit be
brought, including such tees and costs at trial or on appeal:
21 to the payment of the reasonable and proper charges. expenses and liabilities of
the receiver. regisvar and paying aeent hereunder,
13i to the paymem of interest and principal due on the Note.
Amounts on deposit in the Sinking Fund may be invested and rein<rstcd M• tltr Ci[}. in
Authorized Investments maturing or redeemable at the option of the City nut later than the date
such amoums are needed for the payments required hereunder.
Ezcept [o the extent otherwise required by any provision hereof ur of any taz compliance
cettificate delivered in cottnection with the delivery of the No[e. all income from the investmem
of moneys in the fund and accounts established by this ordinance shall, upon receipt thereof, be
deposited [o the credit of the Sinking Fund and used for the purpexes thcreol.
The designation of a special fund by this ordinance shall not tx constmed to require [he
establishment of any completely independent, self-balancing funds. as such term is commonly
used and defined in governmental accounting, but is intended solely u+ conaitutr an eamtarking
of cenain moneys and investments for certain purposes and to establish certain priorities (or
application of such moneys and investments as herein provided. The moneys and investmen¢
required to f>e accounted for in the foregoing fund established herein may he deposited in a
single fund or account, provided [hat adequate accounting records are maintained to reFlect [he
allocation of the moneys and investments on deposit therein into the fund established hereunder
and to control the restricted uses of such moneys and investments for the various purposes as
herein provided.
The City shall not be required to make any further payments into the Sinking fund when
the a¢gregate amount of money and Authorized Investments in said furxls and acumnts is at (east
equal to [he total principal of and interest on the Note then outstanding.
SECTION I1. EVENTS OF DEFAULT AND REMEDIES. If one or more of the
following events, herein called "Events of Default" shall happen, that is m sav. in case.
(I) default shall he made in the paymem of any instalimrm of the principal of the
Note when the same shall become due and payable; or
i21 default shall be made in the payment of any installment of interest on the Notr
when and as such installment of interest shall become due and payable; ur
(31 the City shall (a) admit in writing its inability to pay its debts generally as they
become due, (b) file (or have filed against it and not dismissed within HO days) a petition in
bankruptcy or take advamage of any insolvency act, Ic) make an assienment for the benefit of
ns creditors, fd) consem m the appoimment of a receiver of itself ur of the whole or any
substantial pan of its property, ur fe) be adjudicated a bankrupt or
t41 a coon of competent jurisdiction shall enter an order. judemem or decree
appointing a receiver u( the Pledged Funds, or of the whole or any substantial part of the Citv's
pn,prm~, or approving a petition seeking reorganization o(thc City under the lederal bankruptcy
I:+wc or anv other applicable law ur statute of the United States of America or the Stale of
liorida. and such order, judgmem or decree shall not bu racated or xt aside ur stayed within
bU Jan from the date of the emry thereof; or
7 ~~ . ~., ~"..,,,.
+d debt .uvice on fiords anti other debt instruments). However, the covenant to budge[ and
+PPropriate m us general annual budget for the purpoxs and in the manr+cr stated herein shall
have the effect of making availahle fur the payment of the principal of anti interest on the Note.
in the manner described herein. Non-Ad Valorem Revenues and placing on the City a posinve
Juty m appropriate and hudget, by amerdment if necessary, amounts sufficient to meet its
ohligatiuns hereunder, subject. however, in all respects to the re of Death municipality 6make
Florida Statutes, which provides that the governing body
appropriations for each fixal year which, in any one year, shall not exceed the amount to be
received from taxation or ether revenue sources; and subject, further, to ttte paymem of xrvices
and programs which are for esxntial public purposes affecting the health, welfare and safety of
the inhabitants of the City or which are legally mandated by applicable law. The City represents
[hat the Project and the project financed by the Refunded Obligations serve esxntial public
purpoxs.
(C) Limit on Other Encumbrances. While the Note is outstanding, (i) Non-Ad
Valorem Revenues (average of actual receipts over the prior two years) must cover projected
maximum annual debt xrvice on all debt secured by and/or payable solely from such Non-Ad
Valorem Revenues by at least 1.5 times: and (ii) the City will trot grant any liens upon or
pledges of the Non-Ad Valorem Revenues such that [he Ci[y would have insufficient Non-Ad
Valorem Revenues to comply fully with the provisions of the foregoing Paragraph (B).
(D) Financial Statements. Not later than I80 days following the erd of each fiscal
year, the City shall provide the Lender the annual audited financial statement of the City audited
M' the City's certified public accountant's together with the report of such accountant's
containing only such qualifications as are reasonably acceptable to the Corder.
(FI Annual Budget. The City shall prepare its annual budget in accordance with
Ilorida law and in particular Section 166.241 and Section 200.W5. Florida Statutes. and shall
provide the Lender a copy of its tentative and final annual budget for each fexal year as soon
az practicable upon adoption thereof by the Commission and in any event prior to the
commencement of the fiscal year (or which such budget is prepared.
(pt Sinkino Furl. 'fhe City hereby creates end establishes a special xparate fund to
be called the "City of Atlantic Beach Revenue Nme Series 1995 Sinking Fund" (hereinafter
rdlcd the "Sinking Fund").
Un nr before the twenty'-fifth day of each A1arch. June. Septemher and December the
(~itc shall depcuit from Non-Ad Valorem Revenues to the Sinking Fund the amounts sufficient
o~ pat the interest and prircipal hecomine due on the Note on the rxzt payment date therefor.
l~he amounts remaining on deposit in the Sinking Fund on the day following the
rc~pecuve interest ur principal payment may he withdrawn by the City and applied for other
municipal purpnxs. In no event shall any' moneys remain on deptnit in the Sinkin¢ Fund for
a prri+xl treater then thirtmn 1131 months.
~~ , ~w. ~.,.~
SECTION K. FORM OF NOTE. The Note shall be in substantially the titan attached
henm as Exhibit A, with such changes as shall be necessary [o reBect the terms set forth in
fxhibit B and such other changes as may be approved by the Mayor or Vice Mayur of the City,
such approval [o he presumed by such officer's execution of [he No[e.
SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF TILE CITY. The
payment of the principal of and interest on the Note shall be secured forthwith, by a lien upor.
and a pledge of the Pledged Funds. Umil the Note is paid or deemed paid pursuant to the
provisions of this ordinance, the City hereby covenants (i) [o appropriate in each Fiscal Year
from Non-Ad Valorem Revenues sufficient moneys to pay the principal of and interest on the
Note coming due in said Fiscal Year, and (ii) from such appropriated funds to pay said principal
and interest to such Fiscal Year. The Note shall not constitute a general obligation or
indebtedness of the City and the Lender shall never have the right to require or compel the levy
of taxes upon any property of or in the City for the payment of the principal of and interest on
the Note. The City does hereby irzevceably pledge the Pledged Funds [o the payment of [he
principal of and interest on the Note.
SECTION 10. COVENANTS OF THE CITY. So long as any of the principal of or
interest nn [he Note shall be outstanding and unpaid or until provision for paymem of the Note
shall have been made pursuant to Section 13 hereof, the City covenants with the Lender as
follows:
(A) Tax Compliance. The City will take all actions necessary (i) to maintain the
exclusion from gross income n( interest on the Note to tha same extent as such existed on [he
date of issuance of the No[e and (ii) to maintain the deductibility of interest expense incurred
by the Lender to tarty the Note pursuant to Section 265(6)(3)(6) of the Code.
(B) Budeet aid pnoro_priate "I7te City covenants that is will, in each year while the
Note is outstanding, budget and appropriate sufficient Non-Ad Valorem Revenues to make
paymens of principal and interest on such Note as they become due.
Such covenant and agreement on the part of the City to budge[ and appropriate such
amounts of Non-Ad Valorem Revenues shall be cumula[ive to the extent not paid, and shall
continue until such Non-Ad Valorem Revenues or other legally available funds in amounts
sufficient to make all such required payments shall have been budgeted, appropriated and
actually paid. Notwithstanding the foregoing covenant of the City, the City does rcpt covenant
w maintain any services or pro rams, now provided or maintained by the City, which generate
Non-Ad Valorem Revenues.
Such a>venam to budget and appropriate does not create any lien upon or pledge of such
Non-Ad Valorem Kevenues, nor does it preclude the Cily from pledging in the furore its Non-Ad
Valorem Revenues, nor does it require the City m levy and collect any particular Non-Ad
Valorem Revenues. nor dues it give the Lender a prior claim on the Non-Ad Valorem Revenues
as "PPttsed ro claims of general creditors of the City. Such covenam «t appropriate Non-Ad
Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge
of such Nan-Ad Valorem Revenues heretofore or hereinafter entered into lincluding the pavment
$ u viw,ie~~„
property of or in the City other than the Pledged Funds in the manner provided in [his
ordinance.
pl The City does not expect to issue more than ten million dollars in tax-exempt
obligations durine the calendar year ending December 31, 1995.
SECTION 4. ORDINANCE TO CONSTITUTE CONTRACT. Inconsideration of the
acceptance of the Note by the Lender, this ordinance shad be deemed to be and shall cons[imte
a contract between the City and the Lender. The covenants and agreements set forth herein to
be performed by the City shall be solely for the benefit, protection and security of the Iznder.
SECTION 5. AU"fHORIZATION OF NOTE, PROJECT AND REFUNDING. The
Project and Refunding are hereby authorized and, subject and pursuant to the provisions of this
ordinance, the Note is hereby authorized to be delivered to the Lender as evidence of the
obligation of the City [o pay to [be Lender the sum of not exceeding the aggregate principal
amount of One Million Two Hundred Thousand Dollars (SI,200,000) to be applied to pay
Project Costs and Refunding Costs. Until experded to pay Project Costs and Refunding Costs,
the proceeds of the Note shall be invested only in Authorized Investments.
SECTION 6. DESCRIPTION OF NOTE. The Note shall be payable to the Lender;
shall be dated the date of delivery; shall be in the denominations; shall tna[ure on such dates,
shall bear interest at the Stated Rate payable at the time: all as shown on Exhibit B hereto. The
Note may be issued all at one time or in installments from time to time.
The Note shall be executed in the name of the City by the Mayor or Vice Mayor, and
attested and countersigned by the City Clerk, and the seal of the City or a facsimile [hereof shall
be affixed thereto or reproduced thereon- The Note may be signed and sealed on behalf of the
City by any person who at the actual time of the execution of such Note shall hold such offices
in the City, although at the date of such Note such person may not have peen so authorized.
The Note may be executed by the facsimile signatures of the Mayor or Vice Mayor or Ci[y
CLr!c, so lone as the Note bears one manual signature.
The Nnte may be prepaid in whole or in patt prior to their stated date of maturity, a[ the
option of the City. as provided in Exhibit B. The principal of and interest on the Note shall be
payable in lawful money of the United States of America to the Lender at the address shown on
the attached Exhibit H or such other place as shall be agreed upon between the City and tbe
Iznder.
SECTION 7. NEGOTIABILITY AND REGISTRATION: DESIGNATION UNDER
CODE. "1'he Note shall be in (ally registered form- No transfer of the Note shall be valid
unless approved by. and noted on the registration books mairnained b}. the City-
"fhe City hereby designates the Note as a "qualified tax-exempt ohlieation" pursuam to
Section 265tb)f3)t H) of the Code.
....~, ~. . ,,.,.,.~~~,: ~ ~, ~w. s..,.
SECTION 3. FINDINGS. 1[ is hereby found, declared, and de[ermined by the
Commission:
(A) It is necessary, desirable and in the best interests of the City and its inhabiants
that the City undertake the Project and the Refunding, which Projec[ and Refundine serves
essential public pur}wses of the City.
(B) The City is without adequate currently available funds to pay Project Costs and
Refunding Costs, and it is necessary [hat funds be made immediarely available m the City in
order to undertake the Project and the Refunding.
(C) The City requested proposals from various lending institutions to provide [he City
with the necessary financing for the Project and the Refunding.
(D) The proposal of [be Lender was determined to be the lowest and best of the
proposals submi«ed.
(E) Pursuant to the Lender's Official Bid Proposal, the Lender has agreed to lettd the
City the principal amount of no[ to exceed One Million Two Hundred Thousand Dollars
(51,200,000) in return for [he Note.
(F) It is in the best interest of the health, safety, and welfare of the City and [be
inhabitants thereof that the City covenant to budget and appropriate from the Non-Ad Valorem
Revenues amounts sufficiem to repay [be principal of and interest on the Note when due.
(G) The City currently receives the Non-Ad Valorem Revenues. sod is legally entitled
to covenant [o budget and appropriate from such Non-Ad Valorem Revenues sufficient amounts
in each Fiscal Year to pay the principal of and interest on the Note. when due, subject to any
prior liens or encumbrances on such Non-Ad Valorem Revenues, whether now existing or
hereafter created.
(H) The Non-Ad Valorem Revenues are estimated to be sufficient to pay the principal
of and interes[ on the Note as the same becomes due and to make all other payments required
ut be made from such Non-Ad Valorem Revenues by the rerms of this ordinance or other
instruments to which the City is a party or pursuant ro which all or any portion of the Non-Ad
Valorem Revenues may be obligated.
11) The Note shall no[ constitute a general obligation or indebtedness of the City as
a "ixmd- within the meaning of any provision of tM Constim[ion of [he State, but shall be and
arc hereby declared to be special, limited obligations of the City, the principal of arM interest
nn which arc payable s.>leiy from the Pledged Funds in the manner provided herein The
principal of and interest on the Note to be issued pursuam to the provisions of this ordinance attd
all other payments provided for herein, will be paid solely From the Pledged Ponds, and it will
never be necessary or authori~xd to levy taxes on any real property of nr in the City to pay [be
principal of or interest on the Note or other payments provided for herein. Ivtrhetmore, ceitber
the Note nor the inmrest thereon, shall be or constitute a lien upem the Project or upcm am: other
"Non-Ad V.durem Revenues' means all of the revenues of the City derived from sources
other than aJ valorem taxation and legally available to pay pnncipal of and interest on the Note
,object «~ any prior liens or encumbrances on all or any specified portion thereof, whether now
existing or hereafter created.
"Note" means the promissory note of the City w the Ixnder in substantially the form
attached hereto as Exhibit A with such modifications thereto as may be approved by the Mayor,
upon the advice of the Ciry Attorney and Bond Counsel, such approval «t tx presumed by the
Mavor's execution thereof.
"Panicipauon Agreement" means the Participation Agreement between the City and the
First Municipal loan Council dated as of August 25, 1986, as amended and particularly as
amended by the Second Amendatory Participation Agreement dated as of May 3l. 1989.
'Pledged Funds" means the Non-Ad Valorem Revenues budgeted and appropriated by
the Ciry for [he payment of the Note.
"Project" means, collectively, the (i) construction and renovation to the Public Safety
Building, {ii) construction of certain park improvements, and fii) construction and renovations
«~ the City's Lifeguard Building, all located within the ooundaries of the City.
"Project Costs" means all or a portion of the cost of acquisition and construction of the
Project: engineering. legal, accounting, atd firencial expenses; expenses for estimates of cosy
and of revenues: expenses for plans, specifications attd surveys: fees of fiscal agents, financial
advisors or consultants; administrative expenses relating solely to the acquisition and construction
of the Project; reimbursement to the City for any sums heretofore expended for the foregoing
purposes: and such other costs and expenses as may be necessary or incidental to [he financing
n( the Project.
"Refunded Ohligation' means the City's outsunding obligations under the Participation
Agteement in the original principal amount of $1,871,000. originally dated Aueus[ 25. 1986 and
currently outstanding in the amoum of $652,135.
"Refunding" mearu the providing of funds for the refinancing of the balloon payment
coming due on the City's Refunded Obligation.
"Refunding Costs" means the cost of the Refunding, together with the legal. financial,
accouming and caher expenses ircurred by [he City in connection with the Kefutding and wi[h
any other expenses necessary or incidental thereto.
"Registrar" means the Director of Finance of the Ciry or such other registrar as the Ciry
shall designate «, main[ain the registration Minks of the City with respect to the Notes.
"Sinking Fund" means the (uruf created and established pursuant to Section IOfF1 hereof.
`Stated R:ue" shall mean the interest rate shown on Exhibit B herew.
ORDINANCE NO. i5-95-)0
AN ORUINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
PROVIDING FOR THE REFINANCING OF A BALLOON PAYMENT ON
THE OUTS"fANDING CITY HALL LOAN TO THE FIRST MUNICIPAL
LOAN COUNCIL AND FINANCING CERTAIN CAPITAL PROTECTS
WITHIN THE CITY; AUTHORIZING THE BORP,OWING OF NOT
EXCEEDING 51,200,000 FOR THAT PURPOSE; AUTHORIZING THE
DELIVERY OF A PROMISSORY NOTE IN THE AGGREGA"fE PRINCIPAL
AMOUNT OF NOT EXCEEDING $1,200,000 TO EVIDENCE THE
OBLIGATION OF THE CITY TO REPAY SAhtE; FIXING THE FORM,
DATE, MATURITY, AND INTEREST RATE WITH RESPECT TO SUCH
NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION
WITH TI1E DELIVERY OF SUCH NOTE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION AND ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. AUTHORITY FOR THIS ORDINANCE. This ordinance is adopted
pursuant to the provisions of Chapter 16fi, Pan II, Florida Statutes, and other applicable
provisions of law (the 'Act").
SECTION 2. DEFINITIONS. The following terms shall have the following meanings
when used in this ordinance unless the context clearly requires otherwise. Wcrds importing
singular numbers shall include the plural number in each case and vice versa, and words
[mlxtning persona shall include firms and corporations.
"Authorized Invesunents" means any obligations, deposit certificates, or other evidences
of indebtedness legal (or investment pursuant to law, to the extent not inconsistent with the terms
of the investment policy of the City and applicable law.
"City" means the City of Atlantic Beach, Florida.
"Code" means the Internal Revenue Code of 1986. as amended from time to time, znd
includes the applicable regulations thereunder.
"Commission" means the City Commission. as the governing Mdv of the City
"Federal Securities' means direct obligations of the United States of America.
°IAnder" means the bank or other institutional inves[or dexribed in Exhibit B, attached
hereto. making the loan to the City pursuant to the terms of this ordinance, and upon the terms
:md condition. set forth in Exhibit B hereto.
fY~iY.. r~4.~ f ~LFOI%._f
MEMORANDliM
TO: Mayor and Commissioners
City of Atlantic Beach, Florida
FROM: Robert O. Freeman ~'~~
Squire, Sanders & Dempxy
DATE: November 7, 1995
RE: Refinancing of City Hall Loan and Financing of Other Capital Projects
Background. The City has previously entered into a Participation Agreement with the
First Municipal Loan Council pursuant to which the City borrowed funds to construct City Hall.
Under the terms of this loan, a balloon payment is due December 1, 1995. Additionally. the
City has planrted certain capital projects, including renovations to the Public Safety Building,
parks improvements and renovations to the lifeguard building. The City has requested financing
proposals from commercial banks to refinance the City Hall loan and finaru the other projects.
Tbex proposals are due November ]0, 1995. Becaux the City Charter requires all City
borrowings to be authorized by ordinance, we have prepared and enclox an ordinance
authorizing the refinancing of the City Hall loan and the financing of the capital projects.
1995.
Requeued Action. Consider the attached ordinance on first reading on November 13.
Pleax note that upon submission of the banking proposals, the encloxd will be revised
to reFlect any additional or different terms required by the successful bidder. A copy marked
to show all changes from the enclosed will be provided to you at nr prior to the meeting on
November 13. 1995.
,... n u i. ~.: ~ u,uMiuxn ~ n nni i n,~~ ~...,w.. ~_ ~w . na+
~H
a. ,
d
~; e
o n
w
c
O ~ w
E w
`o c ¢'
o F
o° o°
4
~:
W~
U:
6'
6'
O w'
I l-
I V < it
a 1i ~ I
0 rl
j X
~
'd ~ ~
I I
O
q
I ~
p WI
' "~
P
I I I V I I I
LL u U.~
I I
i,
OO
o'
_ ~
I
~
I I
I
I I I I I
> ¢
~z I
I I
o:
I
Um I I
f o a.
~
x' ~ ~
o
~~ I I I
I I
J
W I
..
Z
Q
'
wi
I
<
4 ni
~ I
!
I
I
C ~
I
! I I! I I I
I
I ! I I I
u Q I I I
~
I C~
•
n
H.
,
W ~
I -'
` O
I ~ I
J) I
I I I
I ~ I
O W~ I
U I I I
I
~ I I I
- I
~ I I
I
I
I I
I I
I
I
I I
I
I I
I ~
I
I
I I
,
~ W
' I
I I I
~ F
2
I I I O
I w
i I
n I I
I
c
V O
O
~
_
W
I
r O _
I
W I I I
G
x
` _
¢
~ Q a W. ..
6
p ~
W
I
I
I I
2
O " m
+. G Ti
=
¢ I S ~
S
Y
<
j
O F'
~ I
I
I I
I
I
~
F ~ I
I
J
I
1 I
I
I
I
I
a o I I
m W
I I I I I j
I I ~ ~ ~ ~ ~ ~ ~ I
I I I
Oi
Q
~I
S
L
BIU N0. 9495-24 - ONE CARGO-TYPE VAN
Spec iE ications
Deluxe High Back Vinyl Seats
Heavy Duty Shacks
Rear Dual and Right Side Uoor Glass
Air Conditioning
Tilt Steering
Cruise Control
Shi[e in Color
Interior Floor Ma[s Including Cargo Area
Spare Tire and Wheel
Power Donr Locks
AH/FN Cassette Stereo
Driver Side Air Bag
ABS Brakes
Sliding Cargo Door
T in [ed Windows
ACCEPTABLE VEHICLES:
DODGE RAN VAN 2500, 318 Cu In V-8, 3/4 Ton
CHEVROLET G20 VAN, 3U5 Cu In V-8, 3/4 Ton
FORD ECONOLINE, 302 Cu In Y-8, 3/4 Ton
~c CITY OF
~a~-~
ATLA\TIC BF 4: N, fII IRIIq D!Lid~W<
TF:LlPH(),\f; 190112~TL5800
i'A.C 19011 :J'45805
CITY OF' ATLANTIC REACH
INVITATION TO BID
NOTICE is hereby given [hat [he Ci[y of Atlantic Beach, Florida, will
receive sealed bids in the Office of the Purchasing Agen[, City hall,
800 Seminole Road, Atlantic Reach, Florida 32233, until 2:00 PM,
Thursday, Octcber 19, 1995, after vh ich they will be publicly opened
and read aloud for ONE CARGO-TYPE VAN.
Acceptable Models: DODGE RAM VAN 2500, 318 CU IN V-8, 3/4 Ton
CHEVROLET G20 5'AN, 305 CU IN V-8, 3/4 Ton
FORll ECONOL IN E, 302 CL' IX V-8, 3/4Ton
Or Approved Equivalent with similar charatteristics.
Bids shall be enclosed in an envelope endorsed "RID N0. 9495-24 - ONE
CARGO-TYPE VA.'i, TO BE OPENED AFTER 2:00 PM, THURSDAY, OCTOBER 19, 1995."
Bid Forms, and information regarding [he bid, may be obtained from [he
Office of [he Purchasing Agen[, BOO Seminolr Road, Atlantic Beach,
Florida, telephone (904) 247-581B.
The Ci[y of Atlantic Beach reserves the right [o reject any or all bids
or parts of bids, waive inf ormal i[ies and technicalities, crake award
in whole or part with or without cause, and to make Che ova rd in what
is deemed [o be in the best interest of Che City of Atlantic Beach.
A person or affiliate who has been placed on [he convicted vendor list
following a conviction for a public entity crime may no[ submit a bid on
a contract [o provide any goods or services [o a public entity, may not
submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may no[ submit bids on
leases of read property to a public entity, may no[ be awarded or perform
work as a contractor, supplier, submnt rac[or, or cons ul[an[ under a
cor.t roc[ with any public entity, and may not transatt business with any
public entity in excess of the threshold amount provided in Sec [ion 287.017,
fur CATEGORT 71:0 for a period of 36 months from the date on being placed on
Cne conv is [ed vendor list. (Section 287.133(2)(a), FhORIDA STATU'; ES.)
Joan Lal'ake
Purchasing Agent
*# k k*## k** k k k k* k**# k k k k# k k k k k k k k k#* k*
PLDR IUA TINES-US16N: Please publish one tir..e on Sunday, October 1, 1995.
Submitted b}' Juan Lava v.e - 247-5818.
September `t9, 1995
CITY OF
~7
1'Q~etdie ~taele - 7letida
Boa XE:NIX(~LE R(HU
_.____ _ ._.- -___ ATLA~III' 9FX'X, FUNtUU J31J}SiiS
TELFPiq~E 19FI12ii5e00
~~ FAX X01 TiT59e5
tiovember 6, 1995
ANARDS COMMITTEE MINUTES
THURSDAY, OCTOBER 19, 1995
The Awards Co®i[[ee met on Thursday, October 19, 1995, at 2:00 PN, to
receive bid advertised as Bid No. 9495-24 - ONE CARGO-TYPE VAN.
Present at the bid opening were Co®issioner Robert C. Weiss, Chairman,
City tanager Kim D. Leinbach, Deputy City Manager Jim Jarboe, Pol lce
Chief David Thompson, Building Official Don Ford, xnd Purchasing Agent
Joan LaVake.
Invitations to Bid ve ze mailed to four (4) prospective bidders, and
the project vas advertised in the Florida Ttmes-Union. Three (3) bids
were received as outlined on the attached bid tabulation.
In accordance with the attached memorandum from Police Chief David
Thompson, it is [he consensus of [he camdit tee that it recommend to the
City Commission that it accept the bid from Regency Dodge, Sncluding
[he rear A/C heater, in [he total amount of 517,884.00.
Respectfully,
Joan LaVake, Purchasing Agent
ATTACHD1L-NTS: Bids
REVIEWED BY ^ITY MANAGER:
AGENDA 1TEA1
CITY OF ATLANTIC BEACH
CITY CO~f,\11SStON bfEETMG
STAFF REPORT
•~i~~
AGENDA ITE\f. Purchase of van for pofice department
SCB\11TTEDBY DacidE Thompsoi~ChiefofPolice
DATE: October 20, 1995
BACKGROUND: The police department is budeeted to purchase a van in 1995-96 for drug
enforcement purposes. This +'an is included in a drug enforcement grant through the Department
of Community .Affairs, and 520.G00 was identified for this purpose. The van uill be used for
sun~eillance. StiCAT work, training, and a variety of other purposes.
The specifications were identified and approved by the SWAT Team and Chief of Police, and the
City went out to bid in early October. Since no one makes a van that dots everythine that we
wanted, we determined that we should purchase anon-descript cargo van, and we could add
seatine storaee, etc. after it was received.
Sealed bids were received on October 19, 1995, from Duval Ford, Mike Davidson Ford, and
Regency Dodee. The low bid of S 17,1Ti was from Duval Ford, but the van did not have mane of
the features specified in the bid packet including ABS brakes, power door locks and windows.
and cruise comrol. The nest low bid was 517,186 from Regenty Dodee, and their can was
complete with all specs
In addition to this bid package. we compared the van price with the vans on the Fla. Sheriffs
Assn. contract. The Sheriffs conract was sienifiwntly hieher on Dodge, Che+v. and Ford vans
with similar specifications. The specifications also aCowed companies to offer used vans. but no
one chose to offer one
The most complete package at the best price was the Dodee Van from Regency Dodge The van
will have to be ordered from the factor', and will take about 90-120 days for delivery.
\I~hen we established the specifications, we did not require a rear 4/C heater. N'e (elt that this
+wuld significanik reduce a number of available eehitles, especially used vehicles that might be
available. However, a rear A/C heater was expected to be needed and added. Since this vehicle
will be ordered from the factorc. we would like to hate the rear A/C heater added when ordered
This will cost zn extra 5698, and it will be covered under warranty with the rest of the van
RECD>1\fEXDATION. \Ce recommend that the Commission authorize the Police Department
m order the van from Reeencv Dodee indudine the rear ABC heater (or a total of 517.88a
"1.
J "
CITY OF
r~lartle Butt.! - ~lesida
November 6, 1945
ago SFMINOLE ROAu
ATLA.ITIC BEACN, f1DRLLN J33J15/0.S
rELEPHO!:E /9N) 2ASfB0
..~ FAX 1901) of-Seas
i
~ Vt
To: Kim Leinbach, City Manager -_
Fm: Timmy Johnson, Recreation Director % /~
Re: Usage report, Cos unity Center, October '95
Kim, here is a recap of activity at the Adele Graqe Community
Center for the month of October, 1995:
GROUP/EVENT i MTGS./ t PEOPLE X TOTAL USE
EVENTS
AA meetinvs 5 108 9
ABET rehearsals 29 331 28
ABET performances 3 130 11
ABET workshoVs 13 261 22
Arts & Crafts 1 10 1
Board meetin¢s 5 48 4
Cribbage/scrabble 5 36 3
R alloween 1'a rtc I 115 10
Homeowner's Assoc. ] 20 2
State Att c's. Ofc. 2 28 2
Teen Council 2 20 2
Trace] Group 3 30 2
LNF MorAahop I 4U -1
TOTALS 1175 100 %
:nc~re~ase/1 D,•c masel in total
usage from prior mon th 1356!
_. ~3D
CIT1' OF ATLANTIC BEACH
Code Enforcement
Activity Report
uH r c- rheum: 10/1/95 T
PREVIOUS PRESENT YEAR TO
CODE VIOLATIONS MONTff MONTH DATE
Abandoned 1'chicles CAR
Vehicles bn ounded IMP 1
Illegalh' Stored BoaV-frailer
BT 1
Housing Code Violalimis
SHC 7
Hazardous Conditions
HAZ 2 2
Un ennitted Construction
PRM O O
"Lonino ~,ulatfon
ZON O O
Unlicensed Business
Llr• 13 13
Sion Violation
SCN 1
1 1
Overgrown VegrtaGm'
VEG 1
Trash Cont taint
TRS 23 23
Noise Cmn ilai°t
NSE S
1 Q
Nuisance Com Iafnt
NUS
1 1
Heahh & Safet ~ Hazard
HEA
6 1
Animal Com taint
ANM
0 6
Water 8• Sewer Bill Com lain[ BIL
Sewer S stem Com lain[
SEW 0
Garbage
GBG 1
5 1
Storm N'ater/Dnina a STM
Other
Oth 1 1
TOTAL'S . O
Complaints in Complianrc
Number of 'mnplain[s )uLl:mdmg
Code Enforcement Board: November 14, 1995
OTHER ACI'I~"I'flh:S:
Case #0094 - 908 P/ayoort Rd, In compliance.
Case #0039 - Cynfh~,a'v'Jatson, 702 Cavalla Rd. - Re eat violation, third time before Code
Enforcement Board. Weeds and outside stora e
P.equest for Lien Action: .
Case #0085 -Joseph Romano - Buildin code violation, unlicensed contractor $5
000
00
Case #0091 -Joseph. Romano -Weed and trash abatement $2,996.44 ,
.
Compile;; tq- Zarl G:cnev: a'd
CITi O~ A1fWRC ~t1q
CI7t C~pi(a ~~
fLp ~l~
ACEmA ITOI, Code Enforcement Report
30!•([1}ID tis Karl W. Grunewald
DAn[ November 3, 1995
MC[Cl~UIDc October 1995 Code Enforcement Report
'~~Ana,
A7TAC!•pts;
R[YICIlCD ti CIT[ NWCai ~~ "I
•a~ n.c .~..,,,~ ~
.• .
freael~ - ~laaicta
CJF SFMNOLE ROAD
~TI_~~llC aEA[H. FL(IRm13lDY3a13
~ _.._ _.. ._ _-_
- -- - TFS.EPRO~E 190112515800
~~ F~ 19W12515803
!! E M O k A N C U M
November 1. :995
T^: F.z rt. ncacr:
' city Manager
FROM: Don C
Fer^. c~~i!dinp Official
kE: Buc;.._n] ne r;r n is
Fleas= c. zdv -._ed that the following permits were issued in
the month cf October. 1555:
TYPE PEkMIT NO.PERHITS PERHIT COST CONST.VP.LUATION
New Sinole Family 6 19.717.00 539.434
Sew Duplexes
New Townhouses
Additionsikemodels 13 1.827.00 174.'10
Sui mTd np Poois 2 60.CG 54.000
Comrt~e rciaiiNew 1 600.00 55.600
i:ommerc.alikc-r.ade:
^.arape%., y, ..,,_'_. a^ an 2Si5
Demoiitions ~Hcuse .
Demolitions 13araaei
Demolitions (COmmerc2z'.`
Sheds
Fence
Drrvewav~
52cns 1 18.90
7>. r.ts
.:ees
Utrli L es 8 "5.685.00
Wells 3 30.OC
Rpofina 4 90.00 5.500
M.isceila::eocs .e rnit_ issued in con nect. v. ui :f: nee:
c cnst:uci.e^. ad2tica.s. remodeling. etc:
Nc. of Permits Fer.^..zts Coss
ctri cai 22 ?67.30
:.~.Imt_^~
~ 14 5^.50
._.`:a ^
: cai ?4 4E_.SC
;nsp~~;. _.._ cam:- *_.. .. ed saec m:on t:°.:
.. .,_Id~no _,.. ..re .;eccr_ca'. Piumbisc M.ec har.ica: Hzs _.
. .eccac: ,.:al .._ .5nse ...spe.~_or.s - li
;I.F6~M?:T. ;~!c CCM~iL`e BY PAT RAR P.IS - BUILD?NO DEF F.F TN.ENT
CITY OF
1 ~tlu~Fki
H .._
:
c1:7 a .ita~ttc «~„
ar7 snrr ~~~
ACOO/ 1701: BUILDING PERMITS REPORT
SO01i1}O) /Ts DON C. FORD
GA7C: NOVEMBER 1, 1995
MC~QOO/D: OCTOBBR 1995 BUILDING PERMITS REPORT
R/Lb~17If0!
A7TAC~11/:
ULYIO/m /T t7Tt 11~WCaQt ,~ >j ~ ~.
.~. 17.1 ~. 3~C3
}CNLIf takKS UL]T . IDI-UES IGS C]GIAEER ICI=CWTR>CTV0. ICLAII=C1\STF4fTl••\ f:\G C 1<SPECT IIiN
CC RRE]T PkOJERi PR•iJ ECT Sn. SidiCS 0.EP4R"i 10/15/95 STATES REPtiRT oS 10/!0/YS
1 . UAF NAR W)A YATE0. 91-6-•iH UESIGA FNGIVEER a)RKIAG DN DESIGN ENGISE ER eoAAISG
w SLY[R REHAB •IDI GAJ PRvJECi 06 PAVJECT.
2 . U:TCHSFRAI'IXG 93-PY-DIiCX .F• SPRA 1'RG OR FOLIAGE NU SPRAFISG THIS YEEY..
•(O VORTfK REYVVAL THIS Y[EN.
5 . JASYISE STREET RR. IJND 9?-M RETCNTIM pOS D-ENGR- YAITIYC NEY PERMIT FOAMS PCCEIVED
•IDI JGJ F~i0. AEY !JAYS TROY SJPYYD. FROM SJRYYD.
!. ATLANiiC BCN DISTRI BI;TI4N BYSE CN'OiEi ARE STILL INCOMPLETE. Si0RNSTATlON URDEREU JN 10/19/91
>AA L'i Sls A BEACH AVE. •IDI Gn.l P.<'. DIRECNR A DEPC TY CIiT YITXJCT PRINtE P..
N AT EN AYD SEY[R YAUGER ARE A£VIA ING.
U. ~K EA>WLK YAT[R LINE 95-CRY FLJRIDA DEP MEIN; IAES NEY ESV10.0N. ENGR. TO DELIY'ER tRELIY. PLASS
•IDI CAw RESM ACE PERMIT. PRELIM. PLACS b GENfR.AL ENVIAONYEYTAL RES M!RCE
YA3' BE DELSYEAD BY 10/}0/95. PEAK IT APPLIUTIJS U3 10/b /95.
o. ADDITIONAL fAOG.YU STORAGE a CIP-BY_6 PAEVC ALIFIEU S EIDDERS. BIDS DL'E e1C OPENING i.N 30/19/9!. 0!DS
XY DRO TAMN AT ASSISI LN. YfP •IDI SIPS 10/39/95. JNE CONT. NOi PREYI'A L. BEING ANALYCED BT ENGISEER.
A IS PA~4EST ING CITY DRERYINATION
6. E%PANSION OF AR-YYfP C11-ABS-2 CO%TSdI'ED POCRIMG/fORYINC CONY INCED P~%RIYG/FV011 KG +1
IDI IMA PALLS tt•R s1 AYD s? BASINR AND 3? MSIN PALLS AND TXE BASE
IC) Ii D.AIVEA .> TXf BASF OF CLA[IiICR Oi CLA[IiRS •1 AYD •},
fCEbl) 5 d G
•. HIDDEN COVE 95-B-NC YATE0. USES TO B[ TCSTED TXIS Y[EN AYAITIFG DELIVERY OF LIR
•(D) Lb GS YETEPS B[ING INSTALLED a DEL. OF STATION PUMPS.
(U CE%Tf% Pubs NR LIR Stdt ION DEE 10/}Y.
CONS9. T4 BEGIN PND YK. IN NOV.
B. REPLACFJI[Ni OF SEYCA 95-SALT JOHN YDODT AYA[DED IROJER PRCCOA. CJNTE0.ENCE TO CC NEED
LIFES IN dALTAIA S/D 101 LLUS AT 10/09/95 CMMSSSIOK MEEK OF 10/PO/95 6 AYAIi1NG
YfRING. RCCCIPT OF LAS CYCNT ROY CMC0.CN.
5. 16TH STREET DAME 95-PUKE AYAIiIKG YOAD RCM THE MAYOR AYA IT ING Y!•RD it(VI MAYOR d
fAJSSCVER ICI YY w 0 • 0 d CITY YAGR. TO COKTIRCE YoR CITI" MANAGER TO CO%TIFC[ YOR%.
Su. DI Si C^NTROL PkUJECT
11. !1tTER IN STAL LAT In%
1.'. Yf aCY. RES^U ISMYEFi
... iPa\CI: rn\E
9i-fN ST
ICI DI'Y AL ASPM
9K-TR
ICI C.A.i.
9i-BOX
ICI G:LP GUST
TNAILIPG
ft-iE
I lrl Y••K':>N
c ALlli
S•SLG SEED TU BE C!RPLETED
0. EPLACIAG DIiiI Ct LT YCTFRS
ANU IFST ALL!NG T-R LI4S.
>••lA IS PP!L[f ZS AT 3RD
STRCCT AND SoCTH.
St LLES SCE US T•• BE PXIP IETED
CITY rRF32 0.Eli>CISG YCTFRS a
INSTALL NC T-P IIDS >PP40\.
316 METERS REV.aISISG.
V•Rk {> ik•GRE_: f 1?iH ST.
AND bN 1N.
D•]UL DER. IS PCS IEf ISG YET YITN DESIGN E]GR. OS 30/19/9A PEWITS i4 BE REVIEYFD AAL SER PCRNITS SILVEL B': P.< UIRRi^P
r.JL ri SITE. d [EC[IYFD YATEP S[YEP PLtNS ^N 10/30/95- »C PULED T•• DAP Cl PGP.
• PERMITS ••V lu/'0/9+-
SPREES NEED TO BE QYIPLRED.
STATES 4P 10/^_i/95 STATES 0[ 11/0]/9•
DESIGN ENGR TJ FIELD VERIFY LAN L- ENG16 EfA Tai UCLI\ER PEAKS
SOAPING A BEST LiKATIJS •iF SFtl SE[T KE[A.
PATER LINES.
DITCHES SPRAYED AT ?DTN Si. d Nf SP Y.AI EU ID TN ST. UI If N.
S EY ISvLE R/SAD.
PERMIT INSTRCR Ii•NS AECE RED n PEWIT TS PEING PkEP>REU.
PERMITS BEING PREPARED.
Y4AAINC• UY YOOTES FOR PRINTER. AMIiINC VLOTES 0< PkINTERi
A DELISERI' JF <•!R ASUTInR
ENGR. TO DELIVC0. 951 PLA<S n DEP RECEIVEL UEP SCBVERGEU L>S DS
PERLII TS UN 10/1 D/95. ERP PERMIT ON IS/D5/9i.
R ECEI CED BIU ANALYSIS !~N 10/?d/9i STAFF REGOPi COVPLETED FcR
STAiF REPORT TO BE PRf PARE D. 11/03/9! Gi50113i1i•N YEEiING.
CONTINI'ED VJRN v5 AEMTIJN BASINS CUNTI%C CD YORA M AERATIJN
d CLA[1 FI El S. BEGAN EFFLOENT BASINd. CLARIFIEPS- d EFFLC EST
POPPING STATION. PIMPING !TAT 4i\.
SCYC[S TELEYISCU ARD t'ATE0. LI%CS P0.ES P:RE TEST SCR FOOLED NR
SCYEDCLED FOR TE ST IRG NEE! PEEN. Il/OR/9i AT 9'DO A.Y.
EAW. 06TAIAIRG [AS BENT IN iU.
ROY CMU0.CN. PRECON. i4 BE
SCN[Dl'L[D AE%t YEE%.
CITI' SDRGR. b P.Y. DIR. T~• MEET
YITN YRS. GAY 0% 30/30/9!.
NEED PAC-Ci•A LEETISG OS 11/1/95
MITI ENGISLEAS. CONTRACNIi d
CITY RLPA CS CSTATIVCS.
NELO YEEi1NG •IiX fOIS. GAY AND
t.Y. CREYS DIRCC TED T•• ISdTA LL
BOAIDi 4V !K TSI UE OF PILIAGS
9N NORTM si UE.
SYA LES NEED i0 BE C(WPLETEU
CITY CR EYS RCPLACISG YRfli ASD CITY CREYS [EP LACING VET CRS ANU
IVSTALLI NC T-R LIDS. INSTALLING T-R LIDS.
3Pr.•RA IS IRELPESS U 3RD STPCCT V•[A IF IIOGFESS \T IOTN STPEET
AND SMITX. AAD SQ TM.
-:
Page Three
Minutes -November 7, 1995
~. Sflfctioo of Mavor Pro Temnorc
Mayor Fletcher nominated Commissioner Shaughnessy for the position of Mayor Pro Tempore
and asked if there were any additional nominations. There being none, the Mayor called for a
vote and the nontination was unanimously approved
2, t'omment from the Ncv+ Con m'
Commissioner Meserve thanked his family and those who had assisted in his campaign. He
reatHrmed his commitment to serve all the residents of Atlamic Beach and treat all commissioners
with respect regardless of whether they have different positions on iswes.
Cortunissioner Reed also thanked his family and supporters and indicated he looked forward to
getting started on thejob he was elected to do.
Commissioner Rosenbloom thanked the City Manager for the job he had done on behalf of the
citizens and wished him well in his new vemure. He offered to assist the new commissioners in
any way possible and suggested that they schedule meetings through the city clerk, if necessary.
Commissioner Shaughnessy welcomed the new commissioners and wished them well in their new
role. She also wished the city nnanager well in his new position.
Mayor Fletcher also thanked his family cnd supporters and indicated that the experience gained
through service to the community made one a better person
There being no further business w come before the City Commission, the Mayor declared the
meeting adjourned at 8:35 p. m.
Lyman T. Fletcher
Mayor/Presiding Officer
ATTEST
b1aureen Kmg. CMC
City Clerk
Paec "I\vo
'.Minutes -November 7, 1995
Commissioners Waters and Weiss indicated they had enjoyed their service as commissioners and
were glad to have had the opportunity to serve. They both hoped to continue their involvement in
the life of the city Commissioner Weiss complimented city staff on the fine job they do on behalf
o(the citizens.
Commissioners Shaughnessy and Roxnbloom and Mayor Fletcher indicated it had been a
pleasure serving with Commissioners Wa[ers and Weiss and felt the retiring commissioners could
be proud of their accomplishments during their xrvice.
There being no further business to come before the City Commissioq the Mayor declared the
meeting of the retiring commission adjourned at 8:15 p.m.
MUTES OF TNF MEETIN OF TH NEW CITY Cn atgllS ION OF ATLANTI
Oath_ of oRt~
The oath o(office was administered by the City Clerk to Lyman T. Fletcher (Mayor-
Commissioner Seat I ), John Mexrve, (Commission Seat 2), and Tim Reed (Commission Seat 3).
Signed oaths of office are attached hereto and made a pan hereof
The meeting of the new commission was called to order by Mayor Fletcher
L Presentations and roc pnition of the Retiring ommi loners
Mayor Fletcher presented in full, in writing, Resolution No. 95.37 recognizing the service of
Commissioner Robert C. Weiss, Jr. Commissioner Shaughnessy moved for adoption of
Resolution No. 95-37. The motion was seconded by Commissioner Rosenbloom and was
unanimously approved.
Mayor Fletcher presented Resolution No. 95-37 in plaque form to Mr Weiss and requested that
he continue to represent the city in matters concerning the Coastal Construction Control Line.
Mayor Fletcher presented in full, in writing, Resolution No. 95-38 recognzing the xrvice of
Commissioner J. Dezmond Waters, 111. Commissioner Shaughnessy moved for adoption of
Resolution No. 9538. "fhe motion was seconded by Commissioner Rosenbloom and was
unanimously approved.
\layor Fletcher presented Resolution No 95-38 in plaque (orm to Mr Waters
MIN'lil~ES OF'fHE RETIRING COMMISSION OF ATLANTIC BEACH, HELD IN CITY
HALL, 800 SEMINOLE ROAD, AT 8:00 PM ON NOVEhIRER 7, 1995
Present. Lyman T. Fletcher, Mayor
Steven M. Rosenbloom
Suunne Shaughnessy
1. Dezmond Waters, III, and
Robert G. Weiss, Commissioners
And. Kim D. heinbach, City Manager
Alan C. Jensen, City Attomey
Maureen Kine, City Clerk
The meeting was called to ordtt by Mayor Fletcher. The invocation, offered by Commissioner
Shaughnessy, was followed ty the pledge to the flag.
~, Approval of the minutes of the rerylar meetioY of October 23. and Crxcial a led
meetinE of November 2. 1995
Commissioner Waters moved for approval of the minutes of the regular meeting of October
23, 1995. The motion wu seconded by Commissioner Weiss and was unanimously
approved.
Commissioner Shaughnasy moved for approval of the minutes of the Special Called
meeting of November 2, 1995. The motion wu seconded by Commissioner Waters and was
unanimously approved.
2< R~nition of visitors
lone
3 Anv other busineu
None
4 Report andtor comment from City Commissioeen. Cijy Mana~• Cirv Anoruev
and City Ckrk
The ('ity Manager, City Attomey and City Clerk indicated that they had enjoyed working with the
two commissiontts who were stepping down All agreed they had served the city well and would
be missed The City Managtt expressed regret that he would not have an opportunity to work
with the new commissioners since he had accepted a position in another city
REGULAR CITY COMMISSION MEETING
- NOVEMBER, 1995 -
~~~s~