Loading...
06-14-93 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, JUNE 14, 1993, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of May 24, 1993 and Special Called meeting of June 2, 1993 2. Recognition of Visitors: 3. Appearances: A. Preliminary report from Fleet and Associates on expansion of the Public Safety building (Janice Fleet) 4. Proclamation: A. Proclamation recognizing June 14, 1993 as Flag Day 5. Old Business: A. Discussion and related action relative to Appeal of Variance Denial by Robert Lowther (City Attorney Alan Jensen) B. Proposed refund of Gulf Breeze Loan (Foley and Lardner) C. Discussion and related action regarding Letter of Commitment concerning Barnett Bank loan (Finance Dir. Kirk Wendland) D. Update report on permit parking on 10th Street between Beach Avenue and Ocean Boulevard (Police Chief Thompson) E. Discussion and related action relative to the general polices for the Adele Grage Community Center (Commissioner Waters) 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 LISTED 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. 6. Consent Agenda: A. Water and Sewer Committee report B. Status report concerning the allocation of Community Development Block Grant Funds C. Usage report on of the Adele Grage Community Center for May D. Bid #9293-19 Backhoe E. Grant application for DCA funds F. Sea Turtle Inn will be the host hotel for a Hobi Cat Regatta June 25-27 7. Resolutions: A. Resolution #93-24 relative to refinancing existing water and sewer bonds and improvements to the existing water and sewer systems B. Resolution #93-25 thanking residents of Fleet Landing for contributions towards the purchase of a defibrillator 8. Ordinances: A. Introduction and first reading amending Ordinance #95-93-57 relative to Potbellied Pigs B. Introduction and first reading of Ordinance #95-93-58 regarding solicitation C. Introduction and first reading of Ordinance #90-93-160 relative to rezoning of Pan Am Mini Storage complex from CG to ILW 9. New Business: A. Request with related discussion and action to approve a joint venture for the sidewalk construction and roadway widening/resurfacing of Church Road (PW Director Bob Kosoy) B. Request approval of Change Orders for WTP #4 in the amount of $8,400 increase (PW Dir. Robert Kosoy) C. Discussion and related action requesting the acceptance of proposals from J. Lucas & Associates for wells at WTP #2 & #3 (PW Dir. Robert Kosoy) D. Request with discussion and related action relative to transfer of funds to purchase lift gate and hose making machine (PW Dir. Robert Kosoy) E. Request authorization to approve Application for Participation Reservation Fee Agreement with First Municipal Loan Council (Finance Dir. Kirk Wendland) 10. City Manager Reports and/or Correspondence: 11. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment Reminder: Joint meeting with the Community Development Board June 14, 1993 at 6:00 p.m. National Flag Day June 14, 1993 - ceremony to be held in front of the Public Safety building at 7 p.m. V V 00 MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH T CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T E ROAD, at 7 : 15 P. M. ON MONDAY, JUNE 14 , 1993 E E D D PRESENT: William I . Gulliford, Jr. , Mayor Glenn A. Edwards M S Lyman T. Fletcher 0 E Adelaide R. Tucker, and T C J. Dezmond Waters , III , Commissioners I 0 Y NAME OF ONEN AND: Kim D. Leinbach, City Manager COMMRS. N D S 0 Alan C. Jensen, City Attorpcy 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 May 24 , 1993 Edwards x x Fletcher x Motion: Approve minutes of the Tucker x x regular meeting of May 24 , 1993 Waters x Gulliford x No discussion before the vote. The motion carried unanimously. Approval of the minutes of the Special called meeting of June 2, 1993 Edwards x x Fletcher Motion: Approve minutes of the Tucker Special called meeting of June 2 , 1993 Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. Agenda Item 4A was taken out of sequence and acted upon at this time. A. Proclamation recognizing June 14 , 1993 as Flag Day Mayor Gulliford presented a Proclamation recognizing June 14 , 1993 as Flag Day at a brief ceremony which was held at the Flag Pole adjacent the Public Safety Building prior to the Commission meeting . Agenda Item 5C was taken out of sequence and acted upon at this time . C. Discussion and related action regarding Letter of Commitment concerning Barnett Bank loan Page 2 V V June 14 , 1993 NAME OF COMMRS. M S Y N Kirk Wendland, Finance Director, presented a Letter of Commitment with Barnett Bank of Jacksonville for the Purchase of up to $10, 000 ,000 in Tax-Exempt Revenue Notes/City of Atlantic Beach Water and Sewer Refunding and Capital Improvements Projects (copy attached hereto and made a part hereof) . He advised that Chauncey Lever, of Foley and Lardner, who assisted in the preparation of the Letter of Commitment, was in the audience, as well as representatives of Barnett Bank. He explained the Commission would be given copies of final loan Edwards x x documents at a later time . Fletcher x Tucker x Motion: Authorize execution of Waters x x Letter of Commitment with Barnett Gulliford x Bank of Jacksonville for the Purchase of up to $10, 000 , 000 in Tax-Exempt Revenue Notes/City of Atlantic Beach Water and Sewer Refunding and Capital Improvements Projects Mr. Wendland explained the intent of the Letter of Commitment and Chauncey Lever of Foley and Lardner gave a brief presentation and answered questions. The question was called and the motion carried unanimously. Agenda Item 7A was taken out of sequence and acted upon at this time. A. Resolution #93-24: A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING THE ISSUANCE OF A $10,000,000 NOTE TO REFINANCE EXISTING WATER AND SEWER BONDS, TO PAY COSTS OF CONSTRUCTION OF WATER AND SEWER SYSTEM IMPROVEMENTS AND TO PAY COSTS OF ISSUANCE; APPROVING WATER AND SEWER SYSTEM IMPROVEMENTS; MAKING A DETERMINATION THAT THE NOTE ISSUANCE IS IN THE PUBLIC INTEREST: AND PROVIDING FOR AN EFFECTIVE DATE Mayor Gulliford presented in full , in writing, Resolution #93-24 . Edwards x x Motion: Approve passage of Fletcher x Tucker x x Resolution #93-24 Waters x Kirk Wendland explained Resolution #93-24 approved Gulliford x the issuance of $10, 000, 000 in tax exempt revenue notes , listed capital improvements that would be accomplished, and identified when monies would be spent. Page 3 V V June 14 , 1993 NAME OF COMMRS. MSYN Commissioner Fletcher asked for a status report concerning scheduling of projects . Bob Kosoy explained some projects, such as meter readers, were underway, and efforts were being made to maintain the schedule of projects . The question was called and the motion carried unanimously. Agenda Item 5B was taken out of sequence and acted upon at this time. B. Proposed refund of Gulf Breeze Loan Kirk Wendland introduced Jean Mangu, of Foley and Lardner, who reported the firm of Foley and Lardner was comfortable with the City prepaying the Gulf Breeze loan via the Arcadia transaction. She indicated it would be a difficult process to prepay the loan independently, without the involvement of Arcadia. She explained if the city desired to prepay on its own, it would not be possible to walk in with cash, prepay, and have the liens on its revenues released. Monies would have to be set aside in an escrow to be paid over time in the same manner that the Arcadia pool intended to use the proceeds. It was explained under the terms of the loan agreement that was originally signed, the provisions for prepayment were tied into a bond issue and the requirements of the bond issue had restrictions on prepaying. With reference to the proposed Arcadia loan, it was explained an escrow account would be funded for the retirement of the bonds of Gulf Breeze . The principal and interest would be paid as it came due, until the city was able to prepay the loan. Ms. Mangu advised it would be practical to participate in the Arcadia pool at the present time . It was explained if the City elected to proceed with the Arcadia pool , the loan would run until 1998 , After discussion, it was the consensus of the Commission that there was not enough information available to make a decision at the present time . A discussion ensued and it was felt a financial advisor, experienced in bond financing, should be contacted to review the matter and advise what Page 4 V V June 14 , 1993 NAME OF COMMRS. MSYN couse of action would be in the City' s best Edwards x interest . Motion: Decline to accept Arcadia Fletcher x x offer Tucker x x Waters x A discussion ensued and it was decided to study the Gulliford x matter more fully. The City Manager was asked to contact a financial advisor and arrange a meeting as quickly as possible . The question was called and the motion resulted in a vote of 1-4 , with Commissioners Edwards , Tucker, Waters , and Mayor Gulliford voting nay. The motion failed. Agenda Item 9E was taken out of sequence and acted upon at this time . E. Request authorization to approve Application for Participation Reservation Fee Agreement with First Municipal Loan Council Kirk Wendland presented a request for approval for participation agreement with First Municipal Loan Council . He explained the First Municipal Loan Council would issue a series of fixed rate bonds . At the present time the effective annual percentage rate was estimated to be approximately 6%, and participating municipalities would be able to choose the loan term, up to 30 years. Edwards Motion: A x x pprove application for participation agreement with First Fletcher x Municipal Loan Council Tucker x x Waters x No discussion before the vote . The motion carried Gulliford x unanimously. Agenda Item 7B was taken out of sequence and acted upon at this time . B. Resolution #93-25 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH THANKING FLEET LANDING RESIDENTS FOR CONTRIBUTIONS FOR THE PURCHASE OF AN AUTOMATIC ELECTRONIC DEFIBRILLATOR. Mayor Gulliford presented in full , in writing , Resolution #93-25 . Edwards x x Motion: Approve passage of Fletcher x Resolution #93-25 Tucker x x Waters x No discussion before the vote . The motion carried Gulliford x unanimously. Page 5 V V June 14 , 1993 NAME OF COMMRS. MSYN Mayor Gulliford presented Resolution #93-25 , in plaque form, to Capt. Charles W. Styer, who represented Fleet Landing. 2 . Recognition of Visitors: Capt. Charles W. Styer referred to a request of Pan Am Mini Storage to rezone their complex from CG to ILW. Capt . Styer indicated residents of Fleet Landing had complained because of noise generated from Pan Am Mini Storage, such as, loud motorcycles , boom boxes , and incoming and outgoing traffic from the complex late in the evening. Capt . Styer indicated he would like the record to note the complaints of Fleet Landing. Mayor Gulliford explained a public hearing to change the zoning in ordinance form would be held July 26 , 1993 . George Worley, City Planner, explained research relative to complaints received against Pan Am was conducted with reference to the Code Enforcement Board complaints, only, and did not include Police Department complaints . J. P. Marchioli , 414 Sherry Drive, presented his comments concerning recent denial of variances. Mayor Gulliford indicated a special meeting would be held between the Commission and the Community Development Board in an effort to reach a consensus regarding variances . He invited Mr. Marchioli to attend the special meeting which would be scheduled at a later date. J. P. Marchioli , 414 Sherry Drive , complained of a hole in front of his house at 414 Sherry Drive. Bob Kosoy, Public Works Director, advised he would look into the matter. 3 . Appearances: A. Preliminary report from Fleet and Associates on expansion of the Public Safety building (this was withdrawn from the agenda and will appear on the agenda of June 28 , 1993 ) 4. Proclamation: A. Proclamation recognizing June 14 , 1993 as Flag Day (this was acted upon earlier in the agenda) 5. Old Business: A. Discussion and related action relative to Appeal of Variance Denial by Robert Lowther Alan Jensen, City Attorney, reported it would be appropriate for the Commission to refer the request Page 6 V V June 14 , 1993 NAME OF COMMRS. MSYN for variance of Robert Lowther back to the Community Development Board for reconsideration. He added it would be appropriate to include any new evidence regarding the matter. Edwards Fletcher x Motion: Refer appeal of variance of Tucker x x Robert Lowther to the Community Waters x x Development Board Gulliford x George Worley was asked to advise the Commission if Mr. Lowther' s residence was placed in its present location at the request of the Oceanwalk Association in an effort to save trees on the site . The question was called and the vote resulted in all ayes . The motion carried. B. Proposed refund of Gulf Breeze Loan ( this was acted upon earlier in the agenda) C. Discussion and related action regarding Letter of Commitment concerning Barnett Bank loan (this was acted upon earlier in the agenda) D. Update report on permit parking on 10th Street between Beach Avenue and Ocean Boulevard Police Chief David E. Thompson reported he met with Ms . Lanier and a proposal was agreed upon. He indicated the new parking configuration kept the same number of permit spaces as previously suggested, but they were grouped differently. He added the residents would like to have some input into the signs that were to be posted in front of the complex, and he indicated he planned to meet with several residents in the area before actually making and posting the signs . Edwards x x Motion: Approve permit parking Fletcher x x configuration on 20th Street between Tucker x Beach Avenue and Ocean Boulevard, as Waters x presented by staff Gulliford x Commissioner Waters felt all signs within the city limits should be of a standard nature . The question was called and the motion carried unanimously. E. Discussion and related action relative to the general policies for the Adele Grage Community Center Page 7 V V June 14 , 1993 NAME OF COMMRS. MSYN Commissioner Waters gave a summary of the Parks and Recreation Committee ' s Survey concerning general policies for the Adele Grage Commmunity Center (copy of summary is attached hereto and made a part hereof) . He indicated it was not necessary for the Commission to take formal action, and he reported a joint meeting of the recreation boards would be held June 15 , 1993 . Mayor Gulliford felt it was not prudent for the City to monitor what was considered, or was not considered to be profit for any organization. He added the matter of profitability was between the organization using the city facility and the State of Florida or the Internal Revenue Service, and that the City should not be involved. Commissioner Tucker indicated the Little League listed expenditures. The Mayor felt it was not possible to interpret what was profit, as monies were expended to buy supplies, etc. Commissioner Waters felt there should be an accounting if an organization was going to use the City' s facilities. Commissioner Fletcher felt educational , cultural , health, or any other similar endeavors should not be curtailed because of fees or costs. It was decided to discuss the above referenced matters at the meeting of June 28 , 1993 . 6. Consent Agenda: A. Water and Sewer Committee report. B. Status report concerning the allocation of Community Development Block Grant Funds C. Usage report on use of the Adele Grage Community Center for May D. Bid #9293-19 Backhoe E. Grant application for DCA funds F. Sea Turtle Inn will be the host hotel for a Hobbi Cat Regatta June 25-27 Mayor Gulliford requested Item D be withdrawn from the Consent Agenda. Edwards x x Fletcher x Motion: Approve passage of Consent Tucker x Agenda with the exception of item D Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford requested a breakdown of what was being provided from the low bidder. It was decided to defer action until the meeting of June 28 , 1993 Page 8 V V June 14 , 1993 NAME OF COMMRS. M S Y N at which time additional information would be furnished. Edwards x Fletcher x x Motion: Defer action on Item D, Bid Tucker x x #9293-19, Backhoe, so that additional Waters x information can be furnished to the Gulliford x Commission The question was called and the motion carried by a vote of 4-1 , with Commissioner Waters voting nay. 7 . Resolutions: A. Resolution #93-24 (this was acted upon earlier in the agenda) B. Resolution #93-25 (this was acted upon earlier in the agenda) 8. Ordinances: A. Ordinance #95-93-57 - First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4, ANIMALS, SECTION 4-7 , MAINTAINING STABLES; KEEPING OF HOGS, BY ALLOWING CERTAIN VIETNAMESE POTBELLIED PIGS AS HOUSEHOLD PETS AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full , in writing, ordinance #95-93-57 on first reading. Edwards x x Motion: Approve passage of Ordinance Fletcher x x #95-93-57 on its first reading and Tucker x set public hearing for June 28 , 1993 Waters x Gulliford x The question was called and the vote resulted in all ayes. The motion carried unanimously. B. Ordinance #95-93-58 - First Reading Mayor Gulliford presented in full , in writing, Ordinance #95-93-58. AN ORDINANCE AMENDING CHAPTER 18 OF THE ATLANTIC BEACH CODE ADOPTING VARIOUS RULES AND REGULATIONS RELATED TO CHARITABLE SOLICITATIONS, REQUIRING A PERMIT THEREFOR, AND PROVIDING AN EFFECTIVE DATE. Edwards x Motion: Approve passage of Ordinance Fletcher #95-93-58 on its first reading and Tucker set public hearing for June 28 , 1993 Waters x Guilliford A discussion ensued relative to Section 18-2 , Page 2 , and it was decided to add language indicating it would be necessary for those wishing to engage in Page 9 V V June 14 , 1993 NAME OF COMMRS. MSYN soliciting to obtain a permit, thus the second paragraph would read as follows: "All persons, before entering into or upon a residential premises within the city for the purpose of soliciting, shall register and obtain a permit with the City Clerk and furnish her with the following. . . " It was decided a clause prohibiting giving false or misleading information should be included in the language . A discussion ensued regarding including door-to-door campaigning in Sec. 18-8 "Exceptions" , but it was determined this was covered in Section 18-1 (4 ) Solicitation. Edwards x Substitute Motion: Approve passage Fletcher x x of Ordinance #95-93-58 on its first Tucker x reading, as amended, and set public Waters hearing for June 28, 1993 . Amendment Gulliford x x as follows: include language prohibiting giving false or misleading information, and add language indicating it would be necessary to obtain a permit in the second paragraph of Sec 18-2 , as referenced above No discussion before the vote. The motion carried unanimously. C. Ordinance #90-93-160 - First Reading Mayor Gulliford presented in full , in writing, Ordinance #90-93-160 . AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS 2383 MAYPORT ROAD, ALSO KNOWN AS A PART OF GOVERNMENT LOT 7 , SECTION 8 , TOWNSHIP 2 SOUTH, RANGE 29, FROM CG COMMERCIAL GENERAL TO ILW INDUSTRIAL LIGHT WAREHOUSING: AMENDING THE OFFICIAL ZONING MAP TO REFLECT THIS CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Edwards Motion: Approvex passage of Ordinance Fletcher x x #90-93-160 on its first reading and set public hearing for July 26, 1993 Tucker x Waters x x No discussion before the vote, which resulted in Gulliford x 4-1 with Commissioner Tucker voting nay. The motion carried. 9. New Business: Page 10 V V June 14 , 1993 NAME OF COMMRS. MSYN A. Request with related discussion and action to approve a joint venture for the sidewalk construction and roadway widening/resurfacing of Church Road Bob Kosoy reported Jacksonville had suggested a joint venture with the City for placing sidewalk and roadway widening/resurfacing of Church Road (west of Mayport Road) . He indicated the cost for the City was $14 , 093 . 22 . He reported funds would be obtained from Local Option Gas Tax Fund. Edwards x x Motion: Approve joint venture with Fletcher x x the City of Jacksonville to place Tucker x sidewalk and roadway Waters x widening/resurfacing of Church Road, Gulliford x west of Mayport Road, at a cost of $14 , 093 . 22 Commissioner Waters requested that the sidewalk continue on the South side of Church Road from Mayport Road to the end of the Road at a cost of $3 , 265 . 00 . The question was called and the motion carried unanimously. B. Request approval of Change Orders for WTP #4 in the amount of $8 , 400 increase Bob Kosoy presented a request to approve cumulative Change Orders for Water Treatment Plant #4 in the amount of $8 , 400 . 00 . He gave an explanation of change orders that had previously occurred and he reported the contract was awarded at $22 , 350 , but with change order #4 the total price was $30 , 750 , thus there was an increase of $8 , 400 . He explained $40 , 000 had been budgeted for this project , and the City was well within its budgeted amount even with the change orders . Edwards x x Fletcher x Motion: Approve cumulative Change Tucker x Orders for Water Treatment Plant #4 Waters x x of $8 ,400 Gulliford x The question was called and the motion carried unanimously. Page 11 V V June 14 , 1993 NAME OF COMMRS. M S Y N C. Discussion and related action requesting the acceptance of proposals from J. Lucas & Associates for wells at WTP #2 & #3 Bob Kosoy requested that the Commission accept an Engineering Services Proposal for New Water Wells from J. Lucas & Associates in the amount of $8 ,400. Because of the emergency nature of the matter he also asked the Commission to waive bidding procedures and to accept a quote for the well drilling project from Earl Floyd & Son at approximately $29 , 000 . Edwards x x Motion: Accept proposal from J. Fletcher x Lucas & Associates to begin design Tucker x work and the permitting process for a Waters x x new well at the Buccaneer Water Plant Gulliford x at a cost of $8,400, and accept a quote for the construction work from Earl Floyd & Son for approximately $29 , 000 The City Manager indicated some funds would be derived from the Barnett bank loan. The question was called and the motion carried unanimously. D. Request with discussion and related action relative to transfer of funds to purchase lift gate and hose making machine Bob Kosoy asked for approval to transfer funds to purchase lift gate for vehicle P-11 and hose making machine . With reference to lift gate for vehicle P-11 he explained in keeping with the city' s safety program, he was proposing to install a lift gate on the mechanic ' s vehicle P-11 . This lift gate would permit automatic loading and unloading of heavy items, such as 300 pound tires , when performing field repairs. He reported the total cost of the lift gate installed was $1 , 290 . 00 . With reference to the hose making machine, he reported after studying the first five months of fiscal year 92-93 , a cost of $1 , 225 was directly attributed to various hose purchases . Edwards x Motion: Approve transfer of funds in Fletcher x x the amount of $3 , 990 from account Tucker x #001-50-02-541-6400 due to savings of Waters x x $5 ,454 on purchase of Backhoe Gulliford x Page 12 V V June 14 , 1993 NAME OF COMMRS. MSYN Mayor Gulliford suggested contracting out the City' s tire work. The question was called and the motion carried unanimously. E. Request authorization of approve Application for Participation Reservation Fee Agreement with First Municipal Loan Council(this was acted upon earlier in the agenda) 10 . City Manager Reports and/or Correspondence: Kim Leinbach, City Manager, reported the City had been officially certified as a "Tree City USA" for 1992 . Kim Leinbach reported the F.O.P. desired to conduct a fund raising drive and he asked the Commission to clarify whether the request should be handled under his direction, only. The Commission indicated their desire to have matters such as this handled directly by the City Manager. Kim Leinbach reported there would be a Hobi Cat Regatta in conjunction with the Sea Turtle Hotel . The City Manager was asked to pursue the matter of restricting parking connected with the regatta to one particular area, and perhaps using the Sea Turtle parking lot. 11 . Mayor to call on City Commissioners, City Attorney, and City Clerk: Alan Jensen, City Attorney, reported he had been in contact with John DeVault , Attorney, and Mr. Devault had indicated he would undertake litigation relative to the City' s lawsuit with the City of Jacksonville . Edwards x Motion: Authorize the City Manager Fletcher x x and Mayor to execute an agreement Tucker x x with John DeVault, Attorney, to Waters x undertake litigation relative to the Gulliford x City' s lawsuit against the City of Jacksonville No discussion before the vote . The motion carried unanimously. Commissioner Tucker reported the Florida Municipal Code Corporation had agreed to review the proposed City Charter at a cost not to exceed $1 , 500 . V V Page 13 NAME OF 4111 June 14, 1993 COMMRS. MSYN Motion: Authorize expenditures not to Edwards x x exceed $1 , 500 payable to the Florida Fletcher x x Municipal Code Corporation to review Tucker x the proposed City Charter Waters x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford reported an article relative to the proposed Ocean County appeared in the Jacksonville Business Journal . Mayor Gulliford reported a recent Habitat dinner was a success with approximately 180 people in attendance. There being no further business the Mayor adjourned the meeting at 10: 20 p.m. , l /i ' illiam Gullifol : , Jr. Mayor/Presiding Ofer ATTES T: Q _ 2z Maur-en King J City Clerk (Jf f Summary of Parks and Recreation Committee's Survey of Commission on Monday, May 24, 1993 : It remains clear that the commission is divided on the question of charging for the use of facilities. There is some support for charging fees for facility usages after business hours. There also seems to be a lingering desire to provide categories of exclusion. How to develop that list of exclusions is proving very difficult, if not impossible! Whatever the ordinary rules and charges will be, the commission clearly favors special annual contracts for users capable of providing desirable services for our city and its residents. Beyond the traditional characteristics of these contracts, there are some interesting new points: 1. Tremendous support for surcharging non A.B. residents for using our facilities and services. This is particularly desirable since such charges will be collected by the user and then paid to the City without tying up our personnel. 2 . Continued support for requiring financial statements from long term users of the City's facilities. 3 . Specific and unanimous support for charging annual contractors (and perhaps all others) for extraordinarily expensive impacts on the City such as stadium lights or storage spaces. 4 . Confirmation of contractual users providing salaries for themselves and their employees where applicable. Unfortunately the survey failed to ask your input on the question of who should negotiate contracts. Further it is clear that, in future negotiations, the City will try to create or expand more and better services for our citizens through our annual contracts. This commission has authorized a contract be drawn up with ABET for the establishment/continuation of a Performing and Fine Arts Center operating out of the Adele Grage Community Center. Dear Fellow Commissioner: Please let the Parks and Recreations Fact Finding Committee have your advice n the following points: / YES 2 NO Do you favor charging A.B. residents, A.B. based �� )/ organizations, A.B. businesses, governmental departments (add more if you like) which host, provide, or create not-for-profit social, charitable, cultural, recreational, entertaining, informational, fraternal, community activities or programs which meet the needs of some section of our folks here in A.B.? If you voted YES, answer the following questions: ii) / YES t NO 0, Do you favor charging for every usage of A.B. public facilities? YES 3 NO (2) Do you favor after business hours and weekend charges? pe) ,t, YES AL NO 4) Do you favor the original suggestion of the Adele Grage Renovation Committee? YES 2 NO 3 If time and space were available in any of our facilities, would you be agreeable to RENTING space to activities and programs held for the benefit of people outside A.B. or offered for financial gain or as a promotional activity for future sales? YES ! NO / Would you approve surcharges on tickets, players, users from outside A.B.? YES I NO Do you think every user of our facilities should have to put down a CLEANING/KEY DEPOSIT which can be refunded if everything is fine. YES 5( NO / Do you favor long term, annual, and contractual arrangements for our public facilities (e.g. Little League, ABET, YMCA, etc. ) ? If you voted yes to the above question, please check the items below which you believe should be in an annual contract: t4 / YES NO Proof of insurance in a predetermined amount. YESN3 NO Z Financial statement. How often? ‘14)&40 0 z YES Y NO I Roster of players, Roll of members or subscribers. YES NO Every contract renewable annually. YES J NO Calendar specifying the exact blocks of time, facilities needed, etc. provided IN ADVANCE of the season. (All times not specified are subject to being let! ) YES 3 NO 2 If salaries are to be paid, the amount should be specified up front and in advance, and shown in any any all financial statements submitted to the City. YES s NO Clauses which hold the City harmless. At YES S NO Special signs may be used with the permission of ( ) director of Parks or ( / ) the City Commission or (3 ) the City Manager provided they are removed after the season or activity. 4' YES 4 NO Special Charges negotiated for extraordinary or expensive requests or usages: ball park lighting, tennis lights, permanent storage, set up, etc. By whom should they be negotiated? e a / COMM/s54.1 rG t W,b 44 iDeD YES Jr NO Proof of non-profit, tax exempt status. Other suggestions: YES S. NO Beyond contractual annual usages, A.B. facilities will be provided on a first come, first served basis. YES tic NO Would you support a small annual revenue flow to the Parks and Recreation Board to challenge them to implement programs which would be provided by volunteers so that there is little or no cost for personnel? YES ( NO / Should we negotiate a new contract with the WMCA whereby they provide some minimal involvement in the park for children through adults (e.g. providing and collecting nets, balls, bats, etc. so others may use the park) ? YES si NO 2 Should we negotiate a broader spectrum of Y activities which they would staff and for which they could charge? 4 ) ' YES ,3 NO l Would you consider contracting with ABET/Carson Merry to provide a Performing and Fine Arts Center for Atlantic Beach in the Adele Grage Center? If you answered yes above, please continue with the following questions: P1N% A YES 1 NO A. Would you be prepared to allow ABET rather extensive use and control of the front half of the Adele Grage Com. Cntr. /04 / YES 3 NO In lieu of rent, would you agree to the Thursday night free, lower ticket prices for A.B. residents, perhaps scholarships for dramatics in some relationship to number of paying students? Do you have any other helpful insights or suggestions? THANK YOU VERY MUCH! , or, 4f�( 6: a G i ........)- • • f Barnett Bank Barnett Bank of Jacksonville, N.A. 50 North Laura Street Post Office Box 990 Jacksonville, Florida 32231-3000 June 9, 1993 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Attn: Honorable William I. Gulliford, Jr., Mayor Attn: Mr. Kim D. Leinbach, City Manager Attn: Mr. Kirk R. Wendland, Director of Finance Re: Letter of Commitment for the Purchase of up to $10,000,000 in Tax-Exempt Revenue Notes/City of Atlantic Beach Water and Sewer Refunding and Capital Improvements Project Gentlemen: Barnett.Bank of Jacksonville (the "Bank") has approved the purchase of up to $10,000,000 in Tax-Exempt Revenue Notes (the "Notes")to be issued by the City of Atlantic Beach (the "City"), the proceeds of which will be used by the City (i) to refund certain obligations of the City, and (ii) to construct the water and sewer capital improvements (the "Improvements") described in the City's Request for Proposal (the "RFP") dated April 6, 1993 (the "Project"), subject to, but not limited to, the terms, requirements and conditions of this Commitment Letter. TERMS, REQUIREMENTS AND CONDITIONS 1. Borrower: City of Atlantic Beach 2. Purpose: The proceeds of the Notes will be used to (i) finance design, engineering, construction and other eligible costs of the Improvements, (ii) repay certain existing debt of the City consisting of the outstanding principal amounts of the City's Oak Harbor Bonds, Buccaneer Bonds and State Pollution Control Bonds, Series "Q", and (iii) pay costs of issuance and other qualified costs and expenses, all as set forth in a projected I City of Atlantic Beach June 9, 1993 Page 2 use of funds schedule to be approved by the Bank and the City on or before the issuance of the Notes. 3. The Notes: A. Principal Amount: Up to $10,000,000 or a lesser amount mutually acceptable to the Bank and the City. B. Interest Rate: The Notes will constitute "qualified tax-exempt obligations" ("Qualified Tax- exempt Obligations") under Section 265 of the Internal Revenue Code of 1986, as amended (the 'Tax Code"), and the fixed interest rate applicable for the term of the Notes will be 5.35% per annum, based on a 360-day year. C. Late Payment Penalty and Default Rate of Interest: A late payment penalty with respect to each late payment of principal or interest on the Notes will be payable in an amount equal to five percent (5%) of the late payment, not to exceed $250.00 in respect of any particular late payment. In addition, interest shall accrue on overdue payments from the due date thereof until paid in full at an annual interest rate equal to the sum of five percent (5%) plus the annual rate of interest otherwise applicable to the Notes. D. Maximum Rate Provision: The City will be entitled to a refund of all interest in excess of the maximum rate allowed by law. If the interest rate is decreased because of this provision, then the rate will be increased during subsequent periods (up to the maximum rate allowed by law) until the Bank has received all amounts which it otherwise would have received. E. Draw-down Note: The Notes will be issued in the form of a single draw-down note which provides for periodic disbursement of funds until the authorized total principal amount has been disbursed. The total principal amount will be disbursed within the 36-month period following the closing date, unless a longer period is agreed to in writing by the City and the Bank. City of Atlantic Beach June 9, 1993 Page 3 F. Repayment Terms: (1) Quarterly Payments Interest only will be payable on October 1, January 1, April 1 and July 1 of each year beginning October 1, 1993, and continuing through and including July 1, 1996. Payments of principal and interest will be payable on each October 1, January 1, April 1 and July 1 of each year beginning October 1, 1996, and continuing through and including July 1, 2008, in amounts which will be sufficient to fully amortize the principal of the Notes in equal quarterly installments during such period. All outstanding principal, together with accrued and unpaid interest thereon, will be paid no later than July 1, 2008. (2) Prepayment The Notes may be prepaid, in whole or in part, without penalty or premium, at any time prior to maturity. The City shall provide the Bank with ninety (90) days written notice of its election to prepay the Notes. The Notes must be prepaid (without penalty) to the extent that any portion of the proceeds of the Notes are not used for the Project as provided in the final Note documents. G. Reserve Fund: There shall be established a Note fund (the "Debt Service Reserve Fund"), which shall be maintained for the benefit of the Noteholders in an amount not less than$500.000.00 (the"Reserve Amount"). Funds in the Debt Service Reserve Fund may be used only for the payment of debt service on the Notes, or, with the consent of the Bank, for prepayment of the Notes. The funds to be deposited in the Debt Service Reserve Fund shall be paid from available revenues of the City(including from revenues available from water and sewer charges remaining after payment of debt service) in equal quarterly amounts of $41,666.61, commencing on July 1, 1993 and continuing on each October 1, January 1, April 1 and July 1 thereafter until amounts on deposit therein shall equal the Reserve Amount. The Debt Service Reserve Fund shall be maintained in an account at the Bank, and invested in interest-bearing securities chosen from authorized investment vehicles to be described in the final documents. City of Atlantic Beach June 9, 1993 Page 4 410 G. Fees: The City shall pay to the Bank simultaneously with the closing of the Notes a fee of $25,000 for establishing the financing described herein. 4. Tax-Exempt Status: The final documents will contain covenants requiring the City to comply with all laws required to preserve the tax-exempt status of the Notes, including allocations of reimbursement proceeds and covenants on the use thereof, if applicable. The City will covenant that it (i) will not use the proceeds of the Notes in any manner which would cause the interest on the Notes to be or become includable in the gross income of the owner thereof for federal income tax purposes or cause the Notes not to be Qualified Tax-exempt Obligations, (ii) will not do any act or fail to do any act which would cause the interest on the Notes to become includable in the gross income of the owner thereof for federal income tax purposes or cause the Notes not to be Qualified Tax-exempt Obligations, and (iii) will comply with all provisions of the Tax Code necessary to maintain the exclusion of interest on the Notes from the gross income of the owner thereof for federal income tax purposes, including, in particular, the payment of any amount required to be rebated to the United States • Treasury pursuant to the Tax Code. The final documents will contain provisions regarding an increase in the interest rate applicable to the Notes to preserve to the Bank its after-tax yield on the Notes; provided, however, that no such increase shall be applicable if the cause thereof is due to factual circumstances of, and unique to, the Bank. The Bank and the City shall cooperate, at the expense of the City except as to matters described in preceding proviso, to minimize, to the extent practicable, the impact of any tax law changes or circumstances or events giving rise to an increase in the rate applicable to the Notes, and any such increases shall deferred for such period of time as the Bank and the City shall agree in the final documents. 5. Rebate: The City will be responsible for determining any rebate to the United States Treasury which is required by Section 148 of the Tax Code. However, if the City fails, in the Bank's judgment, to properly determine such rebate amount then the Bank may, at the City's expense,hire counsel, accountants or experts which the Bank, in its sole discretion, determines advisable to determine the amount, due dates and any other rebate requirements and the City shall remit such rebate amount to the federal government not later than the due date thereof. The Bank will not be liable for any failure to comply with Section 148 of the Tax Code. City of Atlantic Beach June 9, 1993 Page 5 6. Security: The City will draw-down and apply a portion of the proceeds of the Notes to the defeasance and subsequent retirement of the City's Oak Harbor Bonds on March 1, 1994, to the defeasance and subsequent retirement of the City's Buccaneer Bonds on May 15, 1994 and to the defeasance and subsequent retirement of the State Pollution Control Bonds, Series "0". The Oak Harbor Bonds are secured by a lien upon the net revenues of the Oak Harbor water and sewer system. The Buccaneer Bonds are secured by a lien upon the net revenues of the Buccaneer water and sewer system. The State Pollution Control Bonds, Series "0" are secured by a lien upon and pledge of the net revenues of the City's sewer systems. Upon the defeasance of such Bonds, the Notes will be secured by a first lien upon and pledge of the net revenues of all of the City's water and sewer systems (the "Pledged Revenues"). The City's water and sewer revenues, and its accounting records in respect thereof, shall be consolidated following the redemption of the Oak Harbor and Buccaneer Bonds. "Net revenues" will be defined in the final Note documents. The City will covenant that, to the extent the Pledged Revenues are not sufficient to satisfy payments under the Notes, the City will budget and appropriate from legally available non-ad valorem funds the amounts necessary to make all payments due under the Notes. The City agrees to execute any and all documentation in connection with the Notes as may be reasonably required by the Bank and its counsel to provide such lien upon and pledge of the Pledged Revenues to secure the repayment obligations of the City. 7. Covenants: The final documents relating to the Notes will include the following covenants which may be deviated from only with the Bank's consent: A. The City will submit annual audited financial statements prepared in accordance with generally accepted accounting principles by the 120th day following the end of each fiscal year. The City will maintain a system of accounting in accordance with generally accepted accounting principles, and will furnish a certificate of the independent certified public accountants preparing such statements addressed to the Bank stating that either (i) during the course of their preparation of the financial statements of the City nothing came to their attention which led them to believe that either the City was in default under the Note documents, or (ii) the nature and extent of any matter which led them to believe that such default had occurred. City of Atlantic Beach June 9, 1993 Page 6 The City shall also provide the Bank with such other financial information as it shall reasonably request from time to time. Such information may include, but is not limited to, financial information relating to the Project and the Pledged Revenues. B. The City shall covenant to set and increase water and sewer service charges at levels which are sufficient to (a) pay the expenses for operation, maintenance, repairs and replacements of the City's water and sewer systems, (b) pay the principal of and interest on the Notes and all other indebtedness relating to the City's water and sewer systems as the same shall become due and payable, and (c) fund a restricted reserve account with annual amounts equal to ten percent (10%) of the sum of items (a) and (b). The moneys in the restricted reserve account will be used by the City for the purpose of funding the quarterly Debt Service Reserve Fund installments, and paying the cost of extensions, improvements or additions to, or the replacement or renewal of capital assets of, or extraordinary repairs of, the City's water and sewer systems; provided, however, if other available moneys are insufficient to pay when due the principal of and interest on any indebtedness relating to the City's water and sewer systems, the moneys in such restricted reserve account will be used by the City to pay the debt service on such indebtedness. C. The City will immediately give the Bank written notice of any Event of Default or an event which with the passage of time would become an Event of Default under the Note documents of which it shall have actual knowledge or written notice. D. The Bank shall have the right, at all reasonable times, to enter and to examine and inspect the Project. The Bank and its duly authorized agents shall also be permitted, at all reasonable times, to examine the books and records of the City relating to the Project. The Bank shall receive notice of, and shall be entitled to attend (by and through its agents) meetings of the City staff and its consultant engineers or other consultants regarding substantive and material matters concerning the construction, scheduling, cost or revenues associated with the Project. E. The City shall timely obtain all necessary permits and approvals required for the completion of the Project. The City shall comply with all federal, state and local laws applicable to the Improvements and the operation of its water and sewer services, including all conditions of applicable permits, licenses and interlocal agreements related thereto. The City shall provide a detailed description of the components of the Project, together with a projected commencement and completion schedule, which shall be acceptable to the Bank in its reasonable judgment, prior to the closing of the Notes. City of Atlantic Beach June 9, 1993 Page 7 F. The final documents shall contain additional covenants of the City regarding, among other things,maintenance of insurance,diligent collection of water and sewer service charges, no permitting of any competing utility, no provision of free service, retaining consulting engineers as necessary for the Project, compliance with all applicable laws, not permitting any other indebtedness secured by the Pledged Revenues, except as described below, and no sale or mortgage of any of the City's water and sewer plant and equipment. 8. Additional Debt: The City may secure additional notes with a lien on the Pledged Revenues only if: A. in the case that the lien of such additional notes is on a parity with the Bank's lien, then: (1) acceleration of such additional notes is an event of default under the Bank's Notes; and (2) the City shall have obtained a certificate of an independent certified public accountant to the effect that the gross revenues of the City's water and sewer systems for the immediately preceding fiscal year or the immediately preceding twelve (12) consecutive months,adjusted as hereinafter provided, would have been sufficient to provide a "Debt Service Coverage Ratio" for the City's total water and sewer system indebtedness of at least 1.20 to 1.00, assuming that the maximum annual debt service for the additional notes was included in the indebtedness relating to the City's water and sewer systems. The Bank and the City shall negotiate the exact definition and calculation of the "Debt Service Coverage Ratio", which shall generally be the ratio of net cash revenues divided by aggregate interest and principal for the City's water and sewer system. For such purpose, the gross revenues of the City's water and sewer systems may be adjusted by the independent certified public accountant upon the written advice of the City's consulting engineers, at the option of the City, to reflect (i) if the City, prior to the issuance of such additional notes, shall have increased water and sewer service charges, the gross revenues for the 12-month period may be adjusted to show the gross revenues which would have been derived if such increased water and sewer service charges had been in effect during the entire 12-month period, (ii) if the City, prior to the issuance of the additional notes, shall have acquired or contracted to acquire a water or sewer system the cost of which will be paid from all or part of the proceeds of such additional notes, then City of Atlantic Beach June 9, 1993 Page 8 the gross revenues may be adjusted to reflect the gross revenues which would have been derived from said existing water and sewer system as if such existing system had been a part of the City's water and sewer systems during such 12-month period, (iii) if the City will be constructing or acquiring extensions or improvements to the City's water or sewer systems from the proceeds of such additional notes and has established rates by official action to be charged and collected from the users of such facilities, such gross revenues may be adjusted to reflect the revenues estimated by the consulting engineers to be derived during the first 12 months of operation after completion of the construction or acquisition of such extensions or improvements; or B. in the case that the lien of such additional notes is subordinate to the Bank's lien, then: (1) acceleration of such additional notes shall be an event of default under the Bank's Notes; and (2) the subordination provisions of such notes shall be acceptable to the Bank. 9. Professional Consultants: The City shall engage a consultant engineer and certified public accountants acceptable to the Bank (i) to prepare an engineering feasibility study and (ii) to prepare (or review the City-prepared) forecasts of Pledged Revenues, Project Costs and debt service coverage, respectively. The engineering feasibility study shall include a description of existing facilities,proposed improvements and costs, affected service areas and capacities relative to forecasted demand (including, without limitation, capacities under any required permits and intergovernmental or private contracts for water source, sludge disposal, etc.), as well as addressing environmental and permitting requirements and the status of the City's compliance with all existing laws, regulations, rules and permits. The City shall also engage a consultant engineer acceptable to the Bank to act as construction manager for those portions of the Project as the Bank shall require. All such professional consultants shall be engaged by the City, and the City shall provide copies of their reports and memoranda, etc. to the Bank. City of Atlantic Beach June 9, 1993 Page 9 10. Disbursement (Draw-down) Schedule: All disbursements (draw-downs) for each construction project will be subject to approval by the Bank in accordance with its normal construction loan procedures and the terms of the final Note documents,which generally require written disbursement requests which shall be accompanied by appropriate certificates of consultant engineers and City officials regarding work performed, work remaining, percentages of budget disbursed and undisbursed, and statements regarding funds required to complete the particular construction project. No proceeds shall be disbursed for construction costs for a particular construction project until a construction schedule, construction budget and fixed price construction contracts (including performance and payment bonds) have been provided to and approved by the Bank; however, upon request by the City, the Bank will negotiate the terms of disbursements to pay the costs of design and engineering for the Improvements prior thereto. 11. Conditions Precedent to the Purchase of Notes: In addition to the execution and delivery of final Note documents acceptable to the Bank on the terms and conditions contained herein (which documents shall contain the complete conditions to Note purchase), the obligation of the Bank to purchase the Notes shall also be subject to satisfactory review by the Bank and its counsel of documents establishing the authority and ability of the City to issue the Notes, to refund the existing debt, to set water and sewer rates, to operate the water and sewer system, to engage in the Project and to prosecute the construction of the Project. The City and its counsel shall cooperate with the Bank and its counsel in providing such documents and other materials as the Bank or its counsel shall request. In addition, the City shall consult with the Bank and its counsel regarding the various service areas of the City's existing water and sewer systems, and the consolidation of the operating accounting system therefor. 12. Closing Costs and Service Charges: The City will pay all closing costs and fees, including but not limited to, the Bank's attorneys' and paralegals' fees. If the Note issue does not close as a result of any action taken or failed to be taken by the City and within the control of the City, the City agrees to pay, within ten (10) days of demand, all expenses incurred by the Bank, including the Bank's reasonable attorneys' and paralegals' fees and expenses in addition to any reasonable fees incurred by the Bank in collecting such costs and fees. If the Note issue does not close as a result of any action taken or failed to be taken by the Bank and within the control of the Bank, the Bank agrees to pay, within ten (10) days of demand, all expenses incurred by the City, including the City's reasonable attorneys' and paralegals' fees and expenses in addition to any reasonable fees incurred by the City in collecting such costs and fees. City of Atlantic Beach June 9, 1993 Page 10 13. Counsel Review: The law firm of Mahoney Adams & Criser, P.A. will act as Bank counsel at the expense of the City. Legal fees for Bank counsel will not be in excess of $25,000. All documentation executed and delivered in connection with the issuance of the Notes shall be prepared by the Bank's counsel, including but not limited to, a resolution to be adopted by the City Commission authorizing the issuance of the Notes, the nonarbitrage certificate, I.R.S. Form 8038-G and Florida Division of Bond Finance Forms 2003 (Bond Information Form) and 2004-B (Bond Disclosure Form- Negotiated Sale), and shall be in form and substance satisfactory to the Bank and its counsel and the City and its counsel and all other legal matters shall be satisfactory to the Bank's counsel and the City's counsel. As a condition to the Bank's obligation to purchase the Notes, the Bank's counsel shall provide to the Bank and the City its favorable opinion concerning the tax-exempt status of the Notes. The City agrees to provide opinions of counsel for the City addressing such legal issues concerning the Notes and the Project as the Bank or its counsel may reasonably require, including, without limitation, the organization of the City, the authorization for the execution and delivery of the Note documents, the proper execution and delivery of the Note documents, the enforceability of the Note documents, the absence of violations of usury or consumer credit laws as a result of the payment of any interest, fees or charges due under the Note documents, and the absence of litigation or pending or threatened litigation. 14. Liability Clause: Any reviews or approvals by the Bank will be for the benefit of the Bank and not the City. The Bank has no liability for any defects including but not limited to, structural or material defects in the Project. 15. Waiver of Jury Trial: The Bank and the City hereby knowingly, voluntarily and intentionally waive any right either may have to a trial by jury in respect of any litigation based on this Commitment Letter, or arising out of,under or in connection with this Commitment Letter or any related Note document, or any course of conduct, course of dealing, statements (whether oral or written) or actions of any party hereto or to any related Note document (or of any such party's affiliates, agents or employees). The parties consent to jurisdiction and venue in the state or federal courts in Duval County, Florida, in the event of any such litigation. This provision is a material inducement for the Bank and the City entering into the subject Note transaction. The Note documents shall include such additional requirements concerning jury trial waivers as the Bank may require. City of Atlantic Beach June 9, 1993 Page 11 16. Required Provisions: The final Note documents will include the Bank's standard provisions relating to tax- exempt financing and such other instruments and documents as the Bank or its counsel shall reasonably require. The City will take all actions, including but not limited to the adoption of an authorizing resolution in form satisfactory to the Bank and the City and their respective counsel, prepared by the Bank's counsel, necessary to designate and qualify the Notes as Qualified Tax-exempt Obligations under the Tax Code. 17. Default, Credit or Financial Condition: The City's failure to comply with the material terms, requirements and conditions of this Commitment Letter will constitute a default and, if such default shall continue for a period of thirty (30) days after written notice thereof shall have been received by the City from the Bank, unless waived by the Bank in writing or cured, such default will relieve the Bank of any obligations under this Commitment Letter. The Bank's failure to comply with the material terms, requirements and conditions of this Commitment Letter will constitute a default and, if such default shall continue for a period of thirty (30) days after written notice thereof shall have been received by the Bank from the City, unless waived by the City in writing or cured, such default will relieve the City of any obligations under this Commitment Letter. The Bank will not be obligated to purchase the Notes if any adverse change has occurred in the credit or financial conditions of the City or if the City is involved in any bankruptcy, reorganization or insolvency proceedings. 18. Assignment and Assumption: This Commitment Letter may not be assigned without prior written approval of the Bank. 19. Governing Law: This Commitment Letter and all documents to be delivered in connection herewith shall be governed by, and construed in accordance with, the laws of the State of Florida without reference to the choice of law rules or the conflict of law rules of that State. ' City of Atlantic Beach June 9, 1993 Page 12 20. Acceptance and Expiration: Please inform us of your acceptance by signing and returning the enclosed copy of this Commitment Letter by 5:00 p.m., EDT, on June 30, 1993. If the closing for the Notes does not occur on or before July 1, 1993, the Bank's obligation hereunder shall be extended for an additional thirty (30) days, and will thereafter automatically terminate. The Bank's commitment to purchase the Notes at the interest rate set forth herein shall terminate on July 31, 1993, unless the Bank and the City mutually agree to extend the term of this Commitment Letter. Sincerely, BARNETT BAN . 0 ACKS•NVILLE, N.A. / By: ®%.%' i/�i .1.- 'obert A. Bares ts: Vice President (AB:Com-Itr.3) City of Atlantic Beach June 9, 1993 Page 13 ACCEPTANCE We accept this commitment and agree to its terms, requirements and conditions, this day of , 1993. BORROWER: CITY OF ATLANTIC BEACH By: William I. Gulliford, Jr. Its: Mayor By: Maureen King Its: City Clerk By: Kim D. Leinbach Its: City Manager MINUTES OF THE JOINT WORKSHOP MEETING OF ATLANTIC BEACH CITY COMMISSION AND COMMUNITY DEVELOPMENT BOARD HELD IN CITY HALL, 800 SEMINOLE ROAD AT 6:00 PM ON MONDAY, JUNE 14, 1993. COMMISSION MEMBERS PRESENT: William I. Gulliford, Jr. , Mayor Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker J. Dezmond Waters, III COMMUNITY DEVELOPMENT BOARD MEMBERS PRESENT: W. Gregg McCaulie Robert Frohwein Ruth Gregg Mark McGowan Mary Walker Don Wolfson ALSO PRESENT: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Gulliford. Gregg McCaulie, Chairman of the Community Development Board, commented that a number of requests for variances which had been denied by the Community Development Board had been appealed to the City Commission. In some instances the decision of the Community Development Board had been upheld, but on at least one occasion the decision had been overturned. There was some confusion on the part of the Community Development Board regarding this action and he felt there needed to be a pooling of thoughts and some direction given to the Community Development Board. Discussion ensued regarding a decision of the Community Development Board which was overturned by the City Commission in a request for a variance by Mrs. Cresson. Mayor Gulliford indicated he felt the main problem was that the current code was vague and difficult to interpret. He said an ordinance had been drafted to amend the definition of accessory uses and accessory structures and he hoped this would be helpful in handling similar requests in the future. He felt it was the interpretation of the City Commission that Ms. Cresson' s request was for authorization to construct an accessory building and that a variance was not needed. Commissioner Fletcher felt there needed to be a standard of review which would be used in appeals brought to the City Commission so that there could be some consistency in the handling of those matters. 1 Page Two Minutes - Joint Workshop June 14, 1993 Further discussion ensued regarding the definition of accessory structures and Commissioner Waters felt the central issue was whether the City Commission and Community Development Board wanted to recognize and enforce setbacks, and the type of structures which should be considered accessory buildings. The city code currently allows only one accessory building and he felt a more equitable method may to establish a maximum number of square feet or a percentage of lot size which could be covered by accessory structures. Since Flag Day ceremonies were scheduled for 7:00 PM at the public safety building, Mayor Gulliford adjourned the meeting at 6: 55 PM. vJ Maureen King, Ci C13,k MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:30 PM ON WEDNESDAY, JUNE 2, 1993. Present: William I . Gulliford, Jr. , Mayor Glenn A. Edwards. Commissioner Lyman T. Fletcher, Commissioner Adelaide R. Tucker, Commissioner J. Dezmond Waters, III, Commissioner And: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk 1. Presentation of check relative to purchase of defibrillator for the Fire Department Capt. Edward Graham, U.S. Navy ( Ret. ) reported the residents of Fleet Landing had contributed towards the acquisition of an automatic electronic defibrillator for Atlantic Beach Fire Department. He introduced Ms. Wheeler and Ms. Emerson who presented checks in the amount of $4, 730.00 and issued a challenge to the residents of Sevilla Condominiums and other Atlantic Beach residents to match the Fleet Landing contributions, and hoped adequate funds would be contributed to enable the city to purchase two units so one could be placed on each fire truck. Chief Williams reported the city had already received approximately $1, 200.00 and he thanked those who had organized the fund raising efforts. Mayor Gulliford indicated he would issue a Proclamation making all contributors Honorary Atlantic Beach Firefighters, and requested a Resolution be prepared for presentation to the Fleet Landing residents, and that a duplicate of said resolution be displayed in an appropriate location in City Hall . Mayor Gulliford announced he would attend a meeting relative to the law suit with the City of Jacksonville at 9 :00 AM the following morning. He indicated City Manager Kim Leinbach, Deputy City Manager Jim Jarboe, City Attorney Alan Jensen, Committee Chairman Ray Salman, and Attorney John Duvault would also attend this meeting. 2. Report and recommendation concerning purchase of a second sanitation vehicle Kelly Burton reported in October 1992, the city had received bids for the purchase of two 1993 Pak Rat sanitation vehicles. He indicated one of these vehicles had been received and was in service but the low bidder, Jacksonville Mack, had advised they were unable to provide the second 1993 model but could provide a 1994 model for an additional $1 , 313.00. and city staff had been Page Two Minutes of Special Called Meeting June 2, 1993 unable to negotiate further. They then contacted the other bidders and Solid Waste and Recovery indicated they could provide an Isuzu chassis with a Pak Rat body which would meet specifications at a cost of $33, 500.00. He indicated this was the last 1993 chassis available in the eastern United States and the dealer had agreed to hold it only until 5:00 PM the following day. He requested authorization to purchase this equipment from Solid Waste and Recovery at a cost of $33, 500.00, which was less than the Solid Waste original bid price, and about $1, 000.00 less than the price being asked by Jacksonville Mack. Following further discussion, Commissioner Fletcher moved to authorize the purchase of a 1993 Isuzu chassis with a Pak Rat body from Solid Waste and Recovery at a cost of $33, 500.00, since Jacksonville Mack had notified the city in writing that they could no longer meet the obligations of their bid. The motion was seconded by Commissioner Edwards and was unanimously approved. Mayor Gulliford requested that the second low bidder, Moody Truck Center, also provide written notice that they are unable to provide the specified equipment. The City Attorney presented an agreement signed by counsel for Mr. Blackard to resolve the matter of the Sixteenth Street beach access. He also provided a sketch of the easement and proposed beach dune overwalk, copy of which is attached hereto and made a part hereof. The mayor reviewed the sketch and indicated the agreement required a few minor modifications to the original plan. Commissioner Tucker moved to accept the proposal offered by Mr. Blackard to resolve the beach access problem at Sixteenth Street. The motion was seconded by Commissioner Edwards and carried unanimously. 3. Discussion and related action regarding the 1993/94 fiscal year budget Mayor Gulliford indicated the city commission, earlier in the year, had acted on and agreed to certain personnel matters such as increased pension benefits. Those benefits would require additional funding in the operating budget for fiscal year 1993/94 and he said he had asked the City Manager and Finance Director to prepare estimated budget figures to provide for the increased benefits as well as any other matters they deemed necessary. Finance Director Kirk Wendland distributed a graph illustrating the distribution of Atlantic Beach property taxes which revealed that only 11 . 6% of tax revenues were returned to Atlantic Beach. Mr. Wendland then explained that personnel costs represented two- thirds of the general fund expenditures and provided a summary of anticipated personnel costs based on the current pay plan with no Page Three Minutes of Special Called Meeting June 2, 1993. additions, the current pay plan with the addition of costs related to applicable bonuses, and costs of funding a modified pay plan based on a recent survey of other cities with similar populations including costs related to applicable bonuses and pension benefits and the addition of the full-time Deputy City Manager. He explained the various proposals in detail. He indicated one mill of property tax represented approximately $436, 000.00 and an increase of one mill in property taxes would be required to fund the complete package. Mr. Wendland explained in detail the costs related to each item and asked the Commission which of the options they wished to include in the proposed budget for FY 1993/94. Discussion ensued regarding the city' s pay scale and Commissioner Waters felt the city needed to hire additional workers at the lower levels. Discussion ensued regarding the disparity which existed between certain job classifications and Alan Potter, 374 Second Street, felt an increase of an equal dollar figure to all employees would be a fairer method of granting across the board increases and would help to lessen the disparity, especially for the lower paid employees. Mayor Gulliford pointed out Capt. Campbell had surveyed other cities regarding pay scale and job classifications and data from that survey had been taken into consideration in preparing the projected figures which had been presented. Following further discussion, Commissioner Fletcher moved to direct the City Manager to prepare the budget based on the figures presented to provide for an adjustment to the pay plan in accordance with the survey conducted by Capt. Campbell; to provide for the additional pension benefits; and to provide funds for a full time Deputy City Manager. The motion was seconded by Commissioner Tucker and carried unanimously. 4. Any other business The City Manager felt the city had two options regarding the Gulf Breeze bonds: ( 1 ) the city could prepay the Gulf Breeze bonds using a fund source of its choice which would represent the greatest savings to the city, or ( 2) prepayment could be made through the Arcadia pool, which would represent a savings of $90, 000.00 over the original agreement. Gulf Breeze had indicated prepayment could only be made through the Arcadia pool and he felt the city needed to solicit a legal opinion regarding prepayment using a fund source of the city' s choice. Kirk Wendland indicated Gulf Breeze was fairly close to closing the deal with Arcadia and a decision regarding the method of prepayment would need to be made very soon. Mr. Potter said he was very