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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~