10-25-93 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, OCTOBER 25, 1993, 7: 15 PM
AGENDA
Call to Order
Invocation and pledge to the flag
1 . Approval of the minutes of the regular meeting of October 11
and Special Called meeting of October 18, 1993
2 . Recognition of Visitors:
3 . Proclamation:
A. Issuance of Proclamation stripping Jeanine Saunders
Gulliford of her "townie" status and making her a
"beachie" for life
4 . Old Business:
A. Approval of proposed contracts between the City and users
of city facilities ( City Manager Kim Leinbach)
B. Approval to execute contract with CH2M Hill for
Stormwater Master Plan
5 . Resolutions:
A. Adoption of Resolution No. 93-49 recognizing the service
of George Bull, Jr. to the City of Atlantic Beach
B. Adoption of Resolution No. 93-50 supporting the efforts
of the National League of Cities relative to unfunded
mandates
• 6. Ordinances:
A. Final reading and public hearing on Ordinance No. 58-93-
19A amending various sections of the city' s retirement
plan
B. Final reading and public hearing on Ordinance No. 5-93-24
relative to advertising in the city' s newsletter
7 . New Business:
A. Discussion and related action on an appeal of a decision
of the City Commission to uphold the action of the
Community Development Board to deny a request for a
variance to the front setback requirements on Lot 6,
Tiffany by the Sea ( Safa Monsouri, Mayor Gulliford )
B. Approval of Change Order No. 1 in Water Main Improvement
project on East Coast Drive and Coral Street to increase
the cost of the project by $7, 710. 34. ( Public Works Dir.
Bob Kosoy)
C. Discussion and related action relative to proposal of
Reuben Buffkin to donate two lots at the corner of West
Second Street and Main Street to the city ( Deputy City
Manager Jim Jarboe)
8 . City Manager Reports and/or Correspondence:
A. Waste Management rates (Deputy City Manager Jim Jarboe)
9 . Mayor to call on City Commissioners, City Attorney and City
Clerk:
Adjournment
✓ V
O O
T T
E E
D D
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15
PM ON MONDAY, OCTOBER 25, 1993 M S
O E
PRESENT: William I . Gulliford, Jr. , Mayor T C
Glenn A. Edwards I 0 Y
Lyman T. Fletcher, and NAME OF ONEN
Adelaide R. Tucker COMMRS. N D S 0
J. nezmond Waters, III, Commi innars'
AND: Kim D. Leinbach, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Fletcher, was
followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of
October 11, 1993 and Special Called Meetingi of
October 18, 1993. _ EDWARDS X X
FLETCHER X
Motion: Approve minutes of the regular meeting of TUCKER X
October 11, 1993. WATERS X X
GULLIFORD X
No discussion before the vote. The motion carried
unanimously.
EDWARDS X
Motion: Approve minutes of the special called TUCKERER X X
meeting of October 18, 1993. TUCKER X
WATERS X X
No discussion before the vote. The motion carried GULLIFORD X
unanimously.
Agenda Item 3A was taken out of sequence and acted upon
at this time.
3A. Issuance of Proclamation stripping Jeanie
Saunders Gulliford of her "townie" status and
making her a "beachie" for life
Mayor Gulliford read the Proclamation referenced above.
Agenda Item 4A was taken out of sequence and acted upon
at this time.
4A. Approval of proposed contracts between the
City and users of city facilities
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October 25 , 1993 COMMRS. MSYN
Mayor Gulliford presented a proposed agreement between
the City and the Atlantic Beach Experimental Theater
(ABET) . (copy of agreement attached herewith and made a
part hereof) . EDWARDS
FLETCHER X
Motion: Approve agreement between the City TUCKER X
and the Atlantic Beach Experimental Theater WATERS
(ABET) GULLIFORD
It was explained ABET would retain artistic freedom to
select the plays to be produced, but final authority on
activities would rest with the city manager. It was
explained the city would collect all revenue derived from
ticket sales and the proceeds would be placed in a
restricted account to be used to pay all of the direct
expenses related to the production of plays. It was
explained the city would pay $420 per month to ABET for
the production, organization and promotion of performing
arts activities, subject to the availability of funds in
the restricted account.
After discussion, it was agreed the ABET Board would
determine the content of plays and workshops, subject to
review by the City Attorney. EDWARDS X
Substitute Motion: Approve agreement between FLETCHER X X
the City and the Atlantic Beach Experimental TUCKER X
Theater (ABET) , subject to review by the City WATERS X X
Attorney, with the ABET Board determining the GULLIFORD X
content of plays and workshops
It was decided the City would provide a permanent room
for the production of performing arts in the Community
Center, as well as storage of props and other materials,
but that the front room would not be reserved exclusively
for use by the theater.
It was explained since ABET activities were a city
function the activities would be insured. The mayor
suggested the ABET Board secure insurance coverage to
protect themselves.
The question was called and the motion carried
unanimously.
Mayor Gulliford indicated it would be necessary to
approve the format of proposed contracts between the city
and users of city facilities (copy of format of contracts
attached herewith and made a part hereto)
EDWARDS X
Motion: Approve format of contracts between FLETCHER X X
TUCKER X X
WATERS X
GULLIFORD X
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October 25 , 1993 COMMRS. MSYN
the city and users of city facilities
No discussion before the vote. The motion carried
unanimously.
Agenda Item 5A was taken out of sequence and acted upon
at this time.
5A. Resolution #93-49: A RESOLUTION OF THE CITY
OF ATLANTIC BEACH EXPRESSING APPRECIATION TO
GEORGE BULL FOR HIS SERVICE ON THE CODE
ENFORCEMENT BOARD.
. Mayor Gulliford presented in full, in writing, Resolution
#93-49 . EDWARDS X X
FLETCHER X X
Motion: Approve passage of Resolution 93-49 TUCKER X
No discussion before the vote. The motion carried WATERS X
unanimously. GULLIFORD X
Mayor Gulliford presented Resolution 93-49 in plaque form
to George Bull .
2 . Recognition of Visitors:
William Ryszykow, 535 Royal Palm Drive, inquired
regarding a proposal that was received to privatize the
city' s fire department. The Mayor explained he had
appointed a committee consisting of Jim Jarboe, Ron
Williams, and Steve Rosenbloom to study the matter and a
report would be forthcoming.
Ruth Gregg, 905 Sailfish Drive, referred to the contract
with ABET and asked whether or not ABET performances
would be insured, to which it was explained patrons would
be covered under the City ' s insurance.
4 . Old Business:
A. Approval of proposed contracts between the
City and users of city facilities (this was
addressed earlier in the agenda)
B. Approval to execute contract with CH2M Hill
for Stormwater Master Plan
Bob Kosoy, Public Works Director, explained the
Consultant, CH2M HILL, had nearly completed the key tasks
to satisfy the Stormwater permitting requirements by the
EPA Regional office in Atlanta, Georgia. He added the
City was in compliance to date. He explained the major
effort leading to actual construction work to correct
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October 25 , 1993 COMMRS. MSYN
drainage problems was the Stormwater Master Plan. Work
was budgeted under the FY 93-94 budget and the Consultant
had broken down the proposed four tasks into seven more
specific tasks for a proposed cost of
$98, 800.00.
Mitch Griffin, CH2M HILL, referred to a severe storm that
occurred in the city and he explained even with the
Master Drainage Plan in place the city could not have
averted the flood. He indicated the storm was a rare
event. He explained it was a large storm and even by
engineering standards most facilities would be hard
pressed to handle the water.
Commissioner Fletcher suggested identifying areas within
the city that could be used as an emergency overflow to
lessen the intensity of the flooding. Mr. Griffin felt
this could be investigated and would be looked at in the
master plan. He indicated the proposed phase would
include surveying and computer models to determine where
water would run. He reported the project would be
completed in approximately eight months. Commissioner
Fletcher felt citizens should have input concerning
future plans.
William McGee felt drainage was a complicated problem and
he felt the installation of storm sewers could make the
problem worse.
Bob Weiss complained the City of Jacksonville had not
cleaned ditches, and the Mayor asked Mr. Weiss to contact
the Mayor ' s Office, City of Jacksonville, and request
cleaning of the city' s ditches. The Mayor indicated
cooperation of the Department of Transportation ( DOT ) was
needed.
Barbara Bonner, 463 Selva Lakes Avenue, complained of a
ditch at Skate Road and Aquatic Gardens. She indicated
in the past she had contacted Mr. Mann of the DOT in an
effort to have the ditch cleaned.
Mr. Kosoy pointed out the ditch flowed through Neptune
Beach to the IntraCoastal Waterway, and because of the
severe nature of the storm and the flooding of other
ditches cleaning would not have helped the situation. He
was asked to send a fax to the D.O.T. and the City of
Neptune Beach in an effort to have the city' s concerns
resolved. Commissioner Waters requested the fax be sent
October 26, 1993 and that he be furnished a copy of the
fax. He indicated he would like recommendations from
CH2M Hill to include zoning changes which might be
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October 25, 1993 COMMRS. MSYN
beneficial.
Motion: Approve design contract for EDWARDS X
Stormwater Master Plan with CH2M HILL for a FLETCHER X X
proposed cost of $98, 800 . 00 TUCKER X X
WATERS X
Commissioner Waters referred to Table 1 , Compensation GULLIFORD X
and Schedule of the Stormwater Master Plan and he
requested more details concerning the schedule of
events.
The question was called and the motion carried
unanimously.
5 . Resolutions:
A. Resolution No. 93-49 - RECOGNIZING THE
SERVICE OF GEORGE BULL TO THE CITY OF
ATLANTIC BEACH (this was addressed earlier in
the agenda)
B. Resolution No. 93-50 - A RESOLUTION
SUPPORTING THE EFFORTS OF THE NATIONAL LEAGUE
OF CITIES RELATIVE TO UNFUNDED MANDATES
Mayor Gulliford presented in full, in writing,
Resolution 93-50.
EDWARDS X
Motion: Approve passage of Resolution 93-50 FLETCHER X X
TUCKER X X
No discussion before the vote. The motion carried WATERS X
unanimously. GULLIFORD X
6 . Ordinances:
A. Ordinance #58-93-19A - Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER TWO, ADMINISTRATION, ARTICLE VI,
EMPLOYEE BENEFITS, DIVISION 3 , RETIREMENT SYSTEM, BY
ALLOWING VOLUNTARY RETIREMENT FOR POLICE OFFICERS AND
FIREFIGHTERS AT AGE 50 YEARS WITH 20 OR MORE YEARS
CREDITED SERVICE OR AT ANY AGE WITH 25 OR MORE YEARS OF
CREDITED SERVICE (SEC. 2-276 (B) ) , BY ELIMINATING THE
SERVICE REQUIREMENT FOR POLICE OFFICERS AND
FIREFIGHTERS FOR DISABILITY IN THE LINE OF DUTY (SEC.
2-279 (a) ) , BY INCREASING THE BENEFIT FACTOR FOR ALL
EMPLOYEES (SEC. 2--281) ) , BY INCREASING MEMBER
CONTRIBUTIONS (SEC. 2-298 (a) (b) , AND PROVIDING AN
EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing,
ordinance #58-93-19A, said ordinance having been posted
_n accordance with Charter requirements. He opened the
_floor for a public hearing and invited comments from
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October 25 , 1993 COMMRS. MSYN
audience.
Since no one wished to speak the Mayor closed the public
hearing.
EDWARDS X X
Motion: Approve passage of Ordinance #58-93- FLETCHER X
19A on final reading TUCKER X X
WATERS X
No discussion before the vote. The motion carried GULLIFORD X
unanimously.
B. Ordinance #5-93-24 - Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION; ARTICLE VII, FINANCE;
DIVISION 4, SERVICE AND USER CHARGES; SECTION 2-368, FEES
AND CHARGES; TO DELETE THE CHARGE FOR ADVERTISING IN THE
CITY NEWSLETTER, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, ordinance
#5-93-24, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience.
Since no one wished to speak the Mayor closed the public
hearing.
EDWARDS X X
Motion: Approve passage of Ordinance 'LETCHER X
#5-93-24 on final reading TUCKER X
WATERS X X
Mayor Gulliford explained the ordinance was passed to GULLIFORD X
delete the $50.00 charge for advertising in the city
newsletter to enable JoAnne Morrisseau to take over
advertising.
The question was called and the motion carried
unanimously.
Mayor Gulliford thanked Diane St. Laurant and Chief
Thompson for their participation in the October 24, 1993
gun buyback sponsored by the Black Issues Forum. The
Mayor reported a total of 33 firearms were taken off the
street during the event.
Mayor Gulliford expressed disappointment in the
appearance of the median located at Atlantic Boulevard
, and Third Street. He suggested future projects should
include maintenance, and he questioned whether the
Beautification Committee was performing necessary
functions.
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October 25 , 1993 COMMRS. MSYN
7. New Business:
A. Discussion and related action on an appeal of
a decision of the City Commission to uphold
the action of the Community Development Board
to deny a request for a variance to the front
setback requirements on Lot 6, Tiffany by the
Sea
Mayor Gulliford explained he requested that this item be
placed on the agenda because at the last meeting the vote
was 2-2 and thus failed. EDWARDS X
Motion: Reconsider denial of a variance to FLETCHER X X
TUCKER X
the front setback requirements on Lot 6, WATERS X
Tiffany by the Sea GULL1FORD X X
Commissioner Fletcher indicated Dr. W. Fleming, owner of
the property, requested the variance because of a
hardship which involved his elderly parents. The
hardship was not brought to the attention of the
Community Development Board, however, and Commissioner
Fletcher was concerned that additional facts did not come
before the Community Development Board but did come
before the Commission. He felt the matter should be
reconsidered by the Community Development Board because
of the additional information and he indicated there was
another variance granted in the same neighborhood
recently.
Baron L. Bartlett, Attorney, explained he represented Dr.
Fleming and he asked that a letter from Dr. Fleming dated
October 25, 1993 be entered into the record of the
meeting (copy attached herewith and made a part hereof ) .
Mr. Bartlett indicated Dr. Fleming ' s letter requested the
Commission allow the variance because it would provide
access to an elevator, via the garage, to Dr. Flynn' s
parents who were 74 and 75 years of age.
Mayor Gulliford felt the format that was used to convey
information to the Community Development Board was
lacking, and George Worley explained the format of the
Community Development Board was presently being revised.
Commissioner Waters felt the hardship had been caused
because the developer had to place a slab on the lot
prior to changes in the coastal construction control
line. George Worley, City Planner, explained the slab
was on the lot when the lot was purchased.
The question was called on the motion to reconsider the
denial of the Community Development Board and the vote
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October 25 , 1993 COMMRS. MSYN
resulted in all ayes. The motion carried unanimously.
Commissioner Fletcher felt it was important to establish
some consistency with respect to the process used to
grant variances and he felt the matter should be referred
back to the Community Development Board. EDWARDS
Motion: Refer to Community Development Board FLETCHER X
TUCKER
to consider additional information available WATERS
with the stipulation that the Board would meet
GULLIFORD
prior to the next Commission meeting of
November 8th, 1993 so that the matter could be
placed on the agenda
Motion died for lack of a second.
Motion: Grant Variance to Dr. W. Fleming, EDWARDS X
2209 Alicia Lane, Lot 6, Tiffany by the Sea, FLETCHER X
to construct a home which would encroach the TUCKER X X
front yard setback by two feet WATERS X X
GULLIFORD X
Commissioner Tucker felt this matter should not be
referred back to the Community Development Board since
George Worley indicated the format for Board approval was
in the process of being revised.
The question was called and the motion resulted in 4-1
with Mayor Gulliford voting nay. The motion carried.
B. Approval of Change Order No. 1 in Water Main
Improvement project on East Coast Drive and
Coral Street to increase the cost of the
project by $7, 710.34
Bob Kosoy, Public Works Director, explained the city was
faced with a lack of working area along the western
right-of-way on East Coast Drive due to major conflicts
with existing utility poles, water lines and telephone
conduit. He explained the work would entail patching
East Coast Drive between 10th and 12th Streets and Coral
Street and the total amount of the change order was
$7, 710. 84
EDWARDS
Motion: Approve Change Order No. 1 to patch FLETCHER X
East Coast Drive between 10th and 12th Streets TUCKER X
and Coral Street at a total price of $7, 710.84 WATERS
GULLIFORD
A discussion ensued relative to the possibility of
resurfacing East Coast Drive between 10th and 12th
Streets and Coral Street in lieu of patching a five foot
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October 25 , 1993 COMMRS. MSYN
strip, and it was felt it would be in the City' s best
interest to resurface the street due to the fact that
heavy traffic utilized East Coast Drive.
EDWARDS X
Substitute Motion: Approve Change Order No. 1 FLETCHER X X
with Amendment to resurface East Coast Drive TUCKER X X
between 10th and 12th Streets and Coral Street WATERS X
at a total cost of approximately $16, 367 GULLIFORD X
The question was called on the substitute motion and the
vote resulted in all ayes. The motion carried
unanimously.
C. Discussion and related action relative to
proposal of Reuben Buffkin to donate two lots
at the corner of West Second Street and Main
Street to the city
Jim Jarboe, Deputy City Manager, reported Reuben Buffkin
desired to donate two lots located at the corner of West
Second Street and Main Street to the City. He indicated
the City would donate the lots to the Donner Community
Development Corporation (CDC) or Habitat for Humanity for
the construction of low income housing. He explained
there might be some costs involved to move a trailer from
the property.
EDWARDS X
Motion: Accept donation of two lots from FLETCHER X
Reuben Buffkin at the corner of West Second TUCKER X X
Street and Main Street WATERS X X
GULLIFORD X
Ruth Gregg suggested the land be used for a park, but it
was explained it would be more prudent to donate the lots
to the CDC for single family homes. It was explained six
acres were located nearby that might be developed into a
park in the future.
The question was called and the motion carried
unanimously.
8. City Manager Reports and/or Correspondence:
A. Waste Management rates
Jim Jarboe reported the city was approaching the final
year of a five year contract with Waste Management for
recycling collection. He compared the City' s 2program
with other cities. He recommended the proposed new rate
of $2.01 (up from $1. 97 ) per household per month be
accepted.
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October 25 , 1993 COMMRS. MSYN
Motion: Accept recommendation of staff and EDWARDS X X
TUCKERER X
adopt new Waste Management rate of $2 .01 per
TUCKER X X
household per month WATERS X
GULLIFORD X
After discussion, the question was called and the motion
carried unanimously.
Jim Jarboe reported there would be a City Employee Picnic
on November 6, 1993. He requested a donation from the
Commission Contingency fund to help fund the picnic.
EDWARDS X
Motion: Donate $600 from the Commission FLETCHER X X
Contingency Fund to be used for a City TUCKER X
Employee Picnic to be held November 6, 1993 WATERS X X
GULLIFORD X
No discussion before the vote. The motion carried
unanimously.
9. Mayor to call on City Commissioners, City Attorney
and City Clerk:
Kim Leinbach, City Manager, reported relative to the
flooding that had taken place. He commended staff for
the excellent work and effort that had been put forth.
Kim Leinbach commended Diane St. Laurent for her efforts
and coordination regarding the gun buy-back program.
Mayor Gulliford thanked everyone for allowing him to
serve as Mayor. He indicated he would be available to
assist the City in any way and he assured everyone he
would remain active in community affairs.
Mayor Gulliford indicated he had been a member of the
Board of Community Development Corporation and as it was
his desire to remain active, he proceeded to reappoint
himself to the Board of the Community Development
Corporation. The Commission concurred.
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October 25 , 1993 COMMRS. MSYN
There being no further business the Mayor adjourned the
meeting at 9 :30 p. m.
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In recognition and consideration of the citizens desire for
performing arts in Atlantic Beach, this agreement is offered,
with the following proposed conditions:
1. The term of the agreement is to be one year, with provision
for renewal.
ti&fitt/12. Performing arts activities will be conducted under the � .;. '�r `
recreation department of the City with final authority and (t,`:
direction by the city manager. 7 i
3 . The City will collect .all revenues derived from attendance 1
at performing arts activities where charges to the general public
are made. Those revenues will be placed in a restricted,
performing arts account. Admission prices will be set by the
board of the Atlantic Beach Experimental Theater for those plays
and workshops they produce.
4. The city will use monies from the restricted, performing arts
account to pay for all direct expenses related to the production
of plays and workshops, including royalties, printing and
supplies.
5. Atlantic Beach Experimental Theater will be allowed twenty
complimentary tickets for the cast, and ten complimentary tickets
for the media and/or other theater management for each new
production. Any additional tickets needed will be paid for by
A.B.E.T. to the City at the prevailing ticket cost to the public.
6 . The City will pay Atlantic Beach Experimental Theater a fee of
$420 .00 per month for the production, organization, and promotion
of performing arts activities during the year, subject to
availability of funds in the restricted performing arts account.
7. The City will provide a permanent room for the production of
performing arts in the community center, as well as storage of
props and other necessary materials.
8. In the event of the need to pay fees to instructors at
workshops and seminars, the City will disburse the amount
required to A.B.E.T. from the restricted account for the purpose
of paying instrucrtors.
9. Once there have been sufficient monies accumulated in the
restricted account, the City will set aside $500.00 as a
contingency or emergency fee to cover any shortfall from
operations.
Page 2
10. If there are additional excess monies available or projected
as available by the finance director of the City, after the
allocation of all real and projected expenses against the
revenues, then the board of directors of A.B.E.T. can, at its
discretion, make purchases of capital equipment, props, and other
items of long term benefit to the performing arts effort in
Atlantic Beach.
11 .The City will providethe facilities in good condition and
will make repairs as need to the same. A.B.E.T. will make no
changes, modifications, or replacements to the facility without
the express written consent of the city manager or his designee.
12.The City will provide insurance coverage for the individual
events and performances conducted in city facilities. However,
that coverage does not accrue to the Atlantic Beach Experimental
Theater, or its board, beyond the scope of those activities in
city facilities, or the limits of the City's insurance coverages.
•
; CITY OF
l > tt C 'ead - 96 da
800 SEMINOLE ROAD
3'?, — - ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
.0t FAX(904)247-5805
October 20, 1993
Honorable Mayor
City Commission Members
Atlantic Beach, Florida
Dear Mayor and City Commission Members:
At your direction, I have been in contact with our insurance
agent relative to coverage for non-city activities at our
community center.
I have been advised (and promised to have the same confirmed in
writing) in all but a few special instances, the City of Atlantic
Beach would be covered for activities such as ABET, Habitat ,
et al using our public facility. The only exclusions would
involve such things as City sponsorship of contact sports or
other high risk enterprises . It should be noted , however, those
entities using our facility would not be covered and I would
highly suggest their taking the necessary steps to mitigate this
potential liability.
I have also requested a quotation to ascertain what the cost
would be for the City to extend coverage to users of the
community center. I do not have this information at the time ,
but I will bring it to you at our Commission meeting.
Whatever the policy the Commission chooses to pursue , I believe
we need to be consistent in its application to all users of the
community center and all our facilities . If you have any
questions or desire additional information, please do not
hesitate to contact me .
Sincerely ,
le
l;;;:(2
im D. Leinbach
City Manager
KDL. dst
REF: 93KDL. 100
•
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
AGREEMENT made and entered into this 11th day of October, 1993, by and
between the CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as °City"), and the Atlantic Beach Experimental Theatre
of Atlantic Beach, Florida (hereinafter referred to a "Renter`).
Renter desires to use the Atlantic Beach public facility known as the Community
Center for a period of twelve (12) months, and it therefore
AGREED as follows:
1. City agrees to rent to Renter the Atlantic Beach public facility known as the
Community Center from October 1, 1993 to September 30, 1994.
2. Renter, in exchange for the use of the above described public facility shall pay
to the City a fee of$100.00 per month. No fee will be charged if the public 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 Manager of Mantic Beach.
3. Renter shall comply and agrees to be bound by the following terms and
conditions:
a. Payment to the City of a $50.00 refundable security-cleaning deposit,
which shall be paid prior to use of the public 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 ublic unless .
approved in writing by the City Manager of Atlantic Beach. Q-�,, �c y
d. In the event the City Manager approves the charging of fees or
admission costs to the public, as allowed in subparagraph c. above, then Renter shall
furnish the City with a current financial statement prior to its use of the public facility.
e. Insure compliance with all city, state and federal laws.
f. Provide insurance as specified and required by the City Manager of
Atlantic Beach.
g. Comply with all special conditions as set forth below.
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 conditions: Rental of$100.00 per month entities the Renter use of one
room for storage (number 6) and the front room (number 1) theatre practice, instruction
and presentations subject to schedule approval by the City of Atlantic Beach Director of
Parks and Recreation. Renter shall also obtain general liability insurance coverage in
an amount recommended by the City's insurance carrier with the City of Atlantic Beach
named as additional insured. Renter may charge fees for activities noted herein
provided the same are filed with the City Clerk. No alterations are to be made to the
public facility without tie expressed written consent of the City Manager and any costs
are to be borne solely by the Renter.
5. 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 WITNESS WHEREOF, the parties have hereto set their hands and official
seals at Atlantic Beach, Duval County, Florida, on the date set forth above.
CITY OF ATLANTIC BEACH
By
Kim D. Leinbach, City Manager
Approved as to form and legal sufficiency
Alan C. Jensen, Esq., City Attorney
Renter
•
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
AGREEMENT made and entered into this 11th day of , October, 1993, by and
between the CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as "City"), and Beaches Habitat
of Atlantic Beach ,Florida (hereinafter referred to a "Renter").
Renter desires to use the Atlantic Beach public facility known as the Community
Center for a period of twelve (12) months, and it therefore
AGREED as follows:
1. City agrees to rent to Renter the Atlantic Beach public facility known as the
Community Center from October 1, 1993 to September 30, 1993.
2. Renter, in exchange for the use of the above described public facility shall pay
to the City a fee of$50.00 per month. No fee will be charged if the public 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 Manager of Atlantic Beach.
3. Renter shall comply and agrees to be bound by the following terms and
conditions:
a. Payment to the City of a $50.00 refundable security-cleaning deposit,
which shall be paid prior to use of the public 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 Manager of Atlantic Beach. C , (`r,
d. In the event the City Manager approves the charging of fees or
admission costs to the public, as allowed in subparagraph c. above, then Renter shall
furnish the City with a current financial statement prior to its use of the public facility.
e. Insure compliance with all city, state and federal laws.
f. Provide insurance as specified and required by the City Manager of
Atlantic Beach.
g. Comply with all special conditions as set forth below.
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 conditions: Rental of$50.00 per month entitles the Renter use of one room
for an office (number 5). Renter shall also obtain general liability insurance coverage in
the amount recommended by the City's insurance carrer with the City of Atlantic Beach
named as additional insured. No alterations are to be made to the public facility without
the expressed written consent of the City Manager and any costs are to be borne solely
by the Renter.
5. 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 WITNESS WHEREOF, the parties have hereto set their hands and official
seals at Atlantic Beach, Duval County, Florida, on the date set forth above.
CITY OF ATLANTIC BEACH
BY
Kim D. Leinbach, City Manager
Approved as to form and legal sufficiency
Alan C. Jensen, Esq., City Attorney
Renter
-10116
PRACTICE PHONE
LIMITED TO 904 / 398-3358
ANESTHESIOLOGY FAX
904 / 398 5397
J. WESLEY FLEMING, M.D.
SUITE 606
820 PRUDENTIAL DRIVE
JACKSONVILLE. FLORIDA 32207
October 25, 1993
Baron L. Bartlett, P. A.
615 Highway AIA, Suite 101
Ponte Vedra Beach, Florida 32082
Dear Sir :
I am writing this letter in order to request that you
represent me with regards to my variance request for home
construction on Lot 6 , Tiffany By the Sea , Atlantic Beach,
Florida .
I have purchased this property in Atlantic Beach in order to
build a house . I desired a large garage ( 3 car size ) which I
thought could easily be placed within the existing foundation.
Late in the negotiating process the builder discovered that in
order to increase the garage size a variance would be required .
I have several reasons for attempting to increase my
sheltered parking space. Foremost in my thinking is the fact
that my elderly parents have recently moved to Florida and are
living with me . For this reason I have had an elevator placed in
the planned house. Access for the elevator is via the garage on
the ground level . The entrance to the front door is on the
second level up one flight of stairs . I have two automobiles and
my parents have one, also. I plan to marry eventually and my
future wife has a career of her own; hence, there will be three
automobiles housed in this structure . In order to have covered
access for the elevator , I simply need the extra space.
My parents are elderly . My mother , 74 years of age , takes
custodial care of my father . My father is himself 75 years of
age . He most certainly has Alzheimer ' s Disease and his
dependency on us will only increase in the future.
The variance that Safa Mansouri is seeking , as I understand
the situation, is only large enough to gain improved access into
the garage . It does not appear to be a hindrance to my
neighbors, the development of Tiffany By The Sea as a whole , or
the city of Atlantic Beach. The existing foundation will be
jeopardized by attempting to modify it in any other manner .
I am on call on Monday, October 25, 1993 and will not be
able to appear before the City Council in person. I hope that
this letter in some way explains as to why I am trying to obtain
the forementioned variance . I in no way want to engender the
disfavor of the Atlantic Beach government or its citizens and
will certainly abide by their decision. I anticipate residing in
this house for the remainder of my life and look forward to
becoming a citizen of Atlantic Beach. Once again, thank you for
helping me in regards to this matter . I appreciate any
assistance that you and the Atlantic Beach City Council may offer
me.
Sincerely,
J . Wesley Fleming , M. D.
JWF/ak