Minutes / 02-08-99'r
,r-~ MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
t I BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, FEBRUARY 8,1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: David Thompson, City Manager
Maureen King, City Clerk
ABSENT: Alan C. Jensen, City Attorney
The meeting was called to order by Mayor Pro Tem Meserve at 7:15 p.m.
e nvocation was o ere y ommissioner Beaver, followed by the
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
January 25, 1999.
^, The Mayor asked for corrections or amendments to the minutes.
Commissioner Beaver referenced page 10 of the minutes and requested that
they be amended to reflect that the person who thanked the city for working
with the school was Tony Downing, not Tom Downing.
Motion: Approve minutes of the Regular Meeting held
January 25,1999 as amended.
The minutes were unanimously approved as amended.
2. Courtesy of the Floor to Visitors:
J.P. Marchioli of 414 Sherry Drive stated he had reviewed the notice
posted on the bulletin board at City Hall concerning the Community
Development Board Meeting and felt it did not contain enough information.
Community Development Director Worley explained the notice was posted
for the next regular meeting of the Community Development Board, which
meets the third Tuesday of every month. It was further explained that the
Community Development Board would begin to review of Chapter 24, the
Zoning and Subdivision Regulations, of the Code of Ordinances, for
corrections.
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February 8, 1999
Mayor Pro Tem Meserve recognized Councilman Ed Parpart from the
City of Jacksonville Beach and welcomed him to the meeting.
3. Unfinished Business From the Previous Meeting:
A. Establish aFull-time Clerical Position for the Parks and
Recreation Department (City Commission)
City Manager Thompson, as requested during the previous Commission
Meeting, identified the funding source for the position and briefly reviewed
the job description provided to the Commissioners in his report.
Motion: Approve afull-time clerical position for the Parks and
Recreation Department as recommended by staff.
Commissioner Borno inquired as to the position of Beautification
Coordinator. City Manager Thompson explained that the position was
previously held by Carl Walker and was at this time vacant. He indicated
it vas the city's intent to meet with the Beautification Committee later in
the week to receive their input regarding the position. City Manager
Thompson explained that the position vas a staff position that provided
administrative support to the City Manager. Commissioner Borno
supported continuation of the Beautification Coordinator position.
Commissioner Mitchelson expressed support for both positions.
Commissioner Beaver inquired regarding overtime pay for the position.
City Manager Thompson replied it was apart-time position and overtime
pay rarely applied. A brief discussion ensued concerning the requirement
of staff attending the various meetings. City Manager Thompson explained
that traditionally, the city provided personnel to take minutes and prepare
agenda packets and reports for the various board and committee meetings.
There was no further discussion and the motion carried unanimously.
B. Discussion and Related Action Regarding the Requirement for
Original Certificate(s) of Insurance in Bid Packets
(Commissioner Mitchelson)
J.P. Marchioli of 414 Sherry Drive suggested the city require umbrella
insurance coverage in the bid packages. Mayor Pro Tem Meserve
commented that although a valid point, this was not an issue concerning the
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February 8, 1999
requirements for the bid packets.
Mayor Shaughnessy entered the meeting at 7:30 p.m. and asked that Mayor
Pro Tem Meserve continue chairing the meeting through Item 3B.
City Manager Thompson reported that after discussion of the requirement,
staff believed the city should continue to require an original insurance
certificate to lessen the possibility of alternations to the document. He
further reported that there had been no complaints in the past of any
hardship created by the requirement and believed it was not unreasonable.
Commissioner Mitchelson, who asked that this item be placed on the
agenda, stated he fully agreed with the staff recommendation to continue to
require original insurance certificates in sealed bid packages.
No motion was made and the requirement to include original insurance
certificates in sealed bid packages remained the same.
~, C. Discussion and Related Action in connection with Refinancing
the Gulf Breeze Loan:
(I) Approve the Recommendation of Dunlap and Associates
and Authorize Staff to Negotiate a Loan Agreement ~r•ith
Sun Trust Bank for the Refinancing of Gulf Breeze Loan
Motion: Approve the recommendation of Dunlap and
Associates and authorize staff to negotiate a loan
agreement with Sun Trust Bank for refinancing the Gulf
Breeze loan.,
There was no discussion and the motion carried unanimously.
(ii) Approve the Recommendation of the City Attorney and
Authorize the City Manager to Sign a Waiver (if Sun
Trust Bank is Approved as the Bank the Cit}• Will Use
to Refinance the Gulf Breeze loan).
Motion: Approve the recommendation of the City
Attorney and authorize the City Manager to sign a
conflict waiver.
There was no discussion and the motion carried unanimously.
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February 8, 1999
(iii) Approve the Recommendation of the City Attorney and
Retain Squire, Sanders and Dempsey to Represent the
City's Interest in This Transaction (City Manager)
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Mayor Shaughnessy explained that the firm of Rogers, Towers, Bailey,
Jones and Gay, who represent the city concerning collective bargaining
negotiations, were representing Sun Trust Bank in the financial transaction
of refinancing of the Gulf Breeze loan and could not act as legal counsel to
the city. .
The Mayor further explained that the City Attorney had recommended
retaining the firm of Squire, Sanders and Dempsey to represent the city's
interest in this transaction at a cost of approximately $3,500.00.
A brief discussion ensued concerning the proposed Sun Trust Bank fees of
$3000.00 and the approximate cost range of $3,500.00 anticipated by City
Attorney Jensen. Commissioner Borno felt the higher figure should be
included in the motion.
Motion: Approve the recommendation of the City
Attorney and retain Squire, Sanders and Dempsey for an
amount not to exceed 53,500.00, to represent the city's
interest in this transaction.
There being no further discussion, the motion carried unanimously.
4. Consent Agenda:
A. Acknowledge Receipt of the Following Monthly Reports: Code
Enforcement, New Occupational Licenses, and Recreation
Department (City Manager)
Motion: Approve monthly reports under Item 4A.
Commissioner Mitchelson noted the unpaid fines listed in the Code
Enforcement Board report and suggested that the city look into some way
to collect the unpaid Code Enforcement fees and fines.
City Manager Thompson indicated that at 75%, the city's rate of collection
was higher than many other cities. He stated he would look into all of the
collection issues; including unpaid water bills, bad checks, code
enforcement fees and fines, and other fines and report back at a future
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meeting with recommendations.
Commissioner Borno suggested use of a collection agency.
5. Committee Reports:
There were no committee reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
There was no action on ordinances.
8. Miscellaneous Business:
A. Pu61ic Hearing and Action on a Request for aUse-by-
Exception Filed by Kirt Lynch to Operate a Motor
Vehicle Sales, Service, Rentals and Parts and Accessories
Business at 1400 Mayport Road, Zoned CG, Commercial
General (City Manager) '
Motion: Accept recommendation of the Community
Development Board and approve the Use-by-Exception
filed by Kirt Lynch to operate a motor vehicle sales,
service, rentals and parts and accessories business on
property located at 1400 Mayport Road, zoned CG,
Commercial General, subject to the five conditions set
forth by the Community Development Board.
(Documentation for Item 8A is attached and made part of
this official record as Attachment A).
Mayor Shaughnessy opened the public hearing and invited
comments. No one wished to speak and the public hearing was
declared closed.
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There was no discussion and the motion carried unanimously.
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February 8, 1999
B. Action on a Request Filed by Nicole L. Gwyn to Operate
a Tattoo and Body Piercing Business at 1249 Mayport
Road (City Clerk)
Motion: Defer action on the request to the February 22,
1999 Commission Meeting.
Commissioner Meserve stated he had concerns regarding the city's
legal options for this request and would like a legal opinion from
the City Attorney before voting on the request.
Commissioner Beaver stated he would like a letter on file from the
supervising physician, as required by Florida Statute 877.04, before
he could make a decision.
Commissioner Borno requested clarification of Florida Statute
877.04(1) because he believed the doctor should have an office
located on-site, not just act in a supervisory capacity.
Mayor Shaughnessy pointed out that the statute required parental
consent forms for tattooing to be notarized.
Dennis Waldrop of 10478 Theresa Drive, Jacksonville, one of
owners of Immortal Body in Ink, stated he had a letter from Dr.
Benjamin Phillips, confirming he was acting as the supervisory
physician for the business and indicated Dr. Phillips had inspected
the office. Mr. Waldrop indicated he would provide copies of the
letter to the Commission.
There being no further discussion, the motion carried unanimously.
C. Award Contract for Engineering Redesign for
Wonderwood Drive Utility Relocation to the R-A-M
Professional Group in the Amount of $7,900.00, and
Authorize the City Manager to Sign the Contract (City
Manager) '
Motion: Award contract for engineering redesign for
Wonderwood Drive Utility Relocation to the R-A-M
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February 8, 1999
Professional Group in the amount of $7,900.00, as
recommended by staff and authorize the City Manager
to sign the contract.
City Manager Thompson indicated that the staff report provided
detailed information concerning the engineering redesign of the
Wondervood Drive utilities relocation. The staff report dated
February 2, 1999 is attached and made part of this official record as
Attachment B.
City Manager Thompson further explained that JEA did not want to
modify their designs and the $7,900.00 figure represented a
compromise position negotiated by city.
Commissioner Mitchelson expressed frustration with the situation,
and stated he could not understand why R-A-M representatives
were not working closely with JEA officials before trying to
('~ complete the city's work.
City Manager Thompson responded that Bessent, Hammack and
Ruckman (BHR) began their design work much earlier than R-A-M
and this put the city behind. He indicated that the city submitted its
30% plans to the JEA at the end of December, and it was not until
January 25, 1999, that the JEA informed the city that those plans
conflicted with the BHR plans.
City Manager Thompson further explained that during the
intervening four weeks ,considerable design work had been
completed by R-A-M, and JEA officials indicated they would not
modify their plans and requested that R-A-M redesign the city's
plans.
City Manager Thompson felt it was in the best interest of the city to
move forward with the redesign.
Commissioner Mitchelson then inquired if there was any
obligation on the JEA's part to communicate their changes to the
city in a timely manner since both municipalities were doing work
in the same area.
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February 8, 1999
City Manager Thompson stated that communication had been a
problem and believed the JEA should not have taken almost four
weeks to respond to the 30% plans. He further stated that the city
had expressed dissatisfaction to the JEA regarding the way this
matter had been handled.
Commissioner Borno inquired if the communication problem was
resolved and whether both parties would now work together and
exchange information.
City Manager Thompson responded that in addition to the
compromise, there was now a mutual working agreement as far as
putting the work together, and it would be bid as a package with
the JEA.
Mayor Shaughnessy inquired if there was something the city could
do to try to assure this would not happen again. City Manager
~~ Thompson felt that the joint agreement that the city was entering
into with the JEA would help to assure it would not happen again.
He indicated that Jack Gabriel, Managing Engineer for Design with
the Jacksonville Transportation Authority, had approved the joint
agreement. ,
Some further discussion ensued concerning the compromise, and
City Manager Thompson assured the Commissioners that what
happened was not the fault of R-A-M.
Commissioner Beaver agreed with Commissioner Mitchelson and
inquired if the JEA bore any financial responsibility for the
additional cost incurred for the design changes.
Mayor Shaughnessy stated that would be a question for the City
Attorney, ~vho was not present, and asked that the item be placed
on the next agenda. Mayor Shaughnessy suggested that some type
of an agreement be drafted stipulating that the city would receive
plan changes within a certain period of time.
Commissioner Meserve suggested that the city work out an
agreement early-on with all of the agencies involved with
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February 8, 1999
construction of the Mayport Road intersection flyover, which is a
much larger project, to prevent this from happening again.
Stephen Kuti of 1132 Linkside Drive stated that he had reviewed
the process for the selection of R-A-M and felt that the firm would
now be the most expensive firm with the addition of the change
order for this work. He felt that the other companies who bid on
the job had more contract experience and would not have made this
mistake. Mr. Kuti believed that R-A-M should negotiate directly
with the JEA to recover the additional expenses, and the city
should not be required to pay any extra for their mistake.
Mayor Shaughnessy believed the city should respond to Mr. Kuti's
comments and asked that he write a memo concerning the same,
which will be forwarded through the City Clerk's office to the City
Attorney for a response at the next meeting.
~~ Mayor Shaughnessy inquired what would happen if the city did not
approve the contract for engineering redesign. City Manager
Thompson stated failure to approve the contract would not stop the
work. It vas pointed out that if the city was not onboard with the
JEA during the bid process, the city would be on its own to find a
contractor, and all coordination planned with them for future
projects would be negatively impacted.
City Manager Thompson further stated that bidding out the job as
an entire package would provide administrative relief to the city.
Commissioner Mitchelson recommended approval of the contract
with an immediate follow-up letter from the City Attorney. He
believed this was a fairness, as well as a legal issue, and the city
should support R-A-M. He reiterated the Commission's position
that a written agreement was needed.
There being no further discussion, the motion carried unanimously.
D. Appointments to the Tree Board {2) - (City Commission)
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Mayor Shaughnessy stated she would like to reappoint Richard Bell
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and Judith Jacobson to three year terms on the Tree Conservation
Board.
The Commission concurred with the appointments.
E. Authorize the Mayor to Sign Letter Authorizing
Spraying of Mosquito Breeding Areas in Atlantic Beach
(City Manager)
Motion: Authorize the Mayor to sign a letter authorizing
spraying of mosquito breeding areas in Atlantic Beach.
J.P. Marchioli of 414 Sherry Drive stated he lived near a
mosquito breeding area and inquired regarding the schedule for
spraying.
Mr. Marchioli was advised that the letter granted permission to the
~~ Mosquito Control Division to fly over the city and spray mosquito
breeding areas and did not contain a spraying schedule.
Mr. Marchioli was directed to contact the Mosquito Control
Division for the spraying schedule.
There was no further discussion and the motion carried
unanimously.
Mayor Shaughnessy apologized for overlooking Miss Gwyn's
request to speak under Item 8B and asked that she speak at this
time.
Nichole Gwyn of 10478 Theresa Drive, Jacksonville, one of the
partners in Immortal Body in Ink, provided a brief overview of the
nature and standards of their proposed business with emphasis on
client safety. This information is attached and made part of this
official record as Attachment C.
9. City Manager Reports and/or Correspondence:
City Manager Thompson:
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Stated he would be happy to answer any question concerning
his written report to the Commission.
There were no questions.
Reported that he did not know when the Fire Contract would
be heard by the City of Jacksonville, but it would be placed
on the first Commission agenda after final action by the City
of Jacksonville.
10. Reports and/or Requests from City Commissioners, City
Attorney and City Clerk
Commissioner Beaver
- Commented that he would like to discuss the duties of
appointed Boards and how they function in the city.
Mayor Shaughnessy stated Committees would be
addressed during the February 20, 1999 meeting.
Commissioner Borno
Commented that he was pleased with the completed Levy
Road project and expressed concern that there could be a
speeding problem now that the road is repaved.
Commissioner Meserve
- Commented that he was pleased that staff had gone out and
looked at the Selva Marina area and reported that citizens
now feel the city is at least listening to their concerns and
something positive will happen.
Mayor Shaughnessy
- Reported that Woody Winfree could no longer serve on the
City Manager Citizen Advisory Committee and appointed
Dorothy Kerber to replace Ms. Winfree.
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- Also appointed Judy Beauboeuf and E. T. Fernandez, III to
the City Manager Citizen Advisory Committee.
- Presented the Charge.to the City Manager Citizen Advisory
,~o~,cd to City Clerk King for distribution to the
committee members.
- Reported that the Jacksonville Charter Revision meeting
would be on Thursday.
- Reported the Teen Council would meet on Tuesday night at
7:00 p.m.
- Reported that the Chief of the Planning Division for Parks
and Recreation for the City of Jacksonville would attend
the February 20, 1998 Commission Workshop.
- Reported she would be attending a Leadership Jacksonville
meeting on Thursday.
- Commented that she would be taking a boat trip tivith Mayor
Delaney to view areas along the St. Johns River and
Intracoastal Waterway.
There being no further comments or business, on a motion made
by Commissioner Borno and seconded by Mayor Shaughnessy, the
meeting was adjourned at 8:25 p.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
Maureen King, CMC
City Clerk
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ATTACHMENT A
FEBRUARY 8, 1999 COrL~1ISSI0N MEETING
STAFF REPORT
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
Use-by-Exception for Used Car Dealership at 1400
Mayport Road
George Worley II, Community Development Director C(,v~
February 3, 1999
Mr. Lynch, the applicant, desires to operate a dealership for sale of used vehicles and
rental of trucks. The requested use is permitted by exception under Section 24-111(c)(12) &
(13).
The minimum parking space requirement, based upon the floor area of the two buildings,
is 2 spaces. The applicant proposes 10 spaces as shown on the site plan. The site plan also
designates the number of used automobiles displayed for sale as 25. The site plan shows the
locations of the existing buildings, the proposed pazking spaces, and the driveways.
RECOMMENDATION:
The Community Development Board reviewed this request and recommends approval of
the Use-by-Exception subject to the following conditions:
1. That the on-site pazking spaces be cleazly designated;
2. That the applicant be permitted not more than 25 used vehicles for sale at any
one time and that all vehicles be operable;
3. That the vehicle repair business not operate between 9 PM and 7 AM.
4. No inoperable vehicles be stored on the site at any time.
5. That the Use-by-Exception be granted to the applicant only and for this
location only.
ATTACHIvviENTS:
1) Application for Use-by-Exception
2) Draft Minutes ofthe Community Development Board Meeting
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO.
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~ MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF ?"D"E CITY OF ATLANTIC BEAi.C.H', FLORIDA
January 19, 1999
7:00 P.M.
'CITY HAIL
PRESENT Don Wolfson
Robert Froh~vein
Mary Walker
Buzzy Grunthal
AND Alan Jensen, City Attorney
George Worley, II, CD Director
Pat Hams, Recording Secretary
ABSENT Pat Pillmore
Sharette Simpkins
Dezmond Waters
The Chairman called the meeting to order and asked for approval of the minutes
from the meeting of December 1 S, 1998. Mr. Froh~vein mentioned he had several errors
to correct in the minutes and the approval vas postponed until later in the meeting.
The Chairman recognized Steve I~uti ~vho relayed to the board calculations he
made regarding the lot coverage issue at the last meeting of the board.
The Chairman explained that the lot coverage issue was not on the agenda for the
meeting and thanked Mr. Kuti for his views.
NEW ,B USINESS:
X. Application for Variance filed by Mark Wayshner to construct an
addition to an existing nonconforming residence located at 415 Seminole Road.
Marlc Wayshner introduced himself to the board and explained that he desired
to constnict a second floor deck addition to his residence tivhich vas set too close to the
property line when built.
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Mr. Worley explained to the board that the residence vas constructed in 1979
with a site plan indicating that the building would have 7.5 feet setback from the side
property lines. The actual construction did not agree with the plan, having 0.8 feet on
one side and 11 feet on the other side. The survey lot dimensions do not agree with the
site plan measurements which may account for some of the difference.
Mr. Worley corrected his staff report to state that the construction would not
encroach any further than the existing building but his recommendation tivould not alter.
After discussion, Mr. Froh~vein moved to deny the variance and Mr. Wolfson
seconded the motion..A.fter discussion, the motion and second were withdrawn after the
applicant agreed to amend his application to show that the new construction would not
encroach the setback requirements.
.After further discussion, Mr. Froh~vein moved to grant the variance provided that
the deck addition project no fuuther than five feet from the northeast property line. Mr.
Grunthal seconded the motion and the amended variance vas unanimously granted.
Xl. Application for Use-by-Exception filed by Dirt Lynch to operate a
~ business of automobiles, service, rentals, parts and accessories at property located
at 1400 Mayport Road.
Mr. Dirt Lynch introduced himself and explained that he desired to purchase the
property in question and needed the use-by-exception for automobile sales and Ryder
Truck Rentals. He stated he would also ~e selling accessories and would provide minor
service ~vorlc such as batteries and belts.
Mr. Lynch stated that he is purchasing 71ots in Bloclc S0, Section H, hotivever, the
use-by-exception he is requesting only covered Lots 1, 2, and 3, block S0, Section H.
After discussion, Mr. Grunthal moved to recommend approval of the use-by-
exception to the City Commission to operate a used vehicle sales, rental and repair
business in the CG district at 1400 Mayport Road, Lots 1, 2 and 3, Bloclc S0, Section
H subject to the follo«~ing conditions:
1. The applicant designate, in a clear manner, the customer parking spaces on-
site;
2. The applicant be permitted not more than 25 vehicles for sale or rent at any
~, one time. All such vehicles must be operable;
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3. The vehicle repair business not operate between 9 PM and 7 AM;
4. No inoperable vehicles be stored anywhere on the site;
5. The Use-by-Exception be granted to the applicant only and for this location
only.
Mr. Froh~vein seconded the motion and it was unanimously approved.
III. Approval of Minutes of December 15, 1998.
The Chairman called for approval of the minutes. Mr. Fro~~ein pointed out
several scriveners errors and the minutes were approved as amended.
ELECTION OF OFFICERS
The Chairman called for election of netiv officers. Thereupon, Don Wolfson and
Robert Froh~vein were elected Chairman and Vice-Chairman respectively.
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DISCUSSION
Review and recommendation regarding proposed anlendments to the zoning code
of ordinances. '.
The Board discussed completing their review of the proposed amendments and
their desire to deliver their recommendation to the City Commission within a period of
t~vo or three months. They directed staff to place the item on the agenda for the
upcoming meetings.
Mr. Worley told the board that an extra meeting would probably be necessary to
enable review of landscape and lot coverage ordinances and the definitions contained
therein should be included so as not to have a discrepancy or conflict.
Mr. Froh~vein requested copies of the landscape ordinance be furnished to them
so they may include it with their amendment documentations. He also requested copies
of the modifications of definitions previously submitted to the City Commission.
~ Mr. Gnznthal suggested that the amendments be divided into four sections for the
next regular meetings but limit their review to one section per meeting
The Chairman requested a memorandum be sent to each member covering the
. applicable sections or divisions of the amendments to be reviewed.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED:
ATTEST:
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Please Type or Print in Ink Application Fee 5100.00
APPLICATION FOR "USE BY EXCEPTION"
- NO'S 2 ~ 1990
Date Filed:__ 1 ~ ~1~~__ City of Atlantic Beach
--~---- Buildlhg and Zoning
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Name end Address of Owner or Tenant in Possession of Premises:
___-~ ~ ~L lnGl~,_ ~ Phone
c ~-- -- ----- ----p----------- /
_ S~L_LY~_1`=sSCiO_t_ Ulv~ ------- Nork:_~~~_ ~(?_2,7 =_
Street address and legal description pf the premises ms to which the 'Use
by E~xJception' is req-ieateds~,,Q
--t=-l-~ ~ --~~C~~-~ U ~ --1= =='------------------------------------------
--------=----------------------------------------------------------------
A description of the "Use by Exception" desired, which shall specifically
and particularly describe the type, character and extent of the proposed
"Use by Exception':
_ ~_..LF1~4r_ U.f'-~.! ~~~5__..~~~ . SCrULC e, ~ew~C'~LS . ~~rt.~_i;~vl.
/------------~ ------ -r
~CG_5 S ~~-1e'S -----------------------------------------------------
Specific reasonsl...,xhy the a/ppliclant feel~s.~the request should be granted:
_ }~~~Vlot~S __~111t~-~---~~~¢i~_~Y~G~I, ~OL'\ _~c~__~lt_¢1~CJ~~..----------
Zoning Claeaificationt_ ~ G _____
i
-~ -- --
Signature ppl cant/applicant's
authorized agent ar attorney. If
agent or attorney, include letter
Eton applicant to that effect.
-L------------ r
Signatu of xner of the proper y
Application cannot be proces ed
without oxr~ers signature.
Applicants Do not~fill-in beyond this point. lloxever, be prepared to
respond to the fo2loxing items:
a. rwt~rrnat.;ruvu•ant.t:•_ r- +~~-~ ~c~ r.ra o c- u55 t n,~
and ow n e"a o -R rP t-c~~- ~ /p wal •i-ec- ~~~~n ('BUYER'S agree's:tpbuy
wry.-1_n~_ ('SL• LLER') agree io sell
tl+e properly described as: Street Address:~J~~o rn o e- 0 -~' V~f mss-!- l'~,,'t•'~ ST.
:galDcscription: G1 lC_ .~ L eL aor~ ~SZ S t;~~ t..t, ~, (_~
and the following Personal Property: _ /V n N +e ~"'''`
(all collectively refereed to as the'PropertY7 on the terms and concfitio+u set forth below. The'L• fleclive Date" of this Contract is U,e
dale on wluch the last of the Parties signs We latest of[er.'I'ime is of the essence in Ibis CnnlracL ?late periods o(5 days or less shall
be computed without inddding Saturday, Sunday, or national legal holidays and any lino prrind ending nn a Saturda}•, Sunday or national
legal holiday shall be exlended until 5:00 p.m. on the nest business day.
2. PURCFFASE PRICE: S p p 0 ~, c c
(a)Dcpositlobeheldinescrowby Wf.1~•~-er beer_rvSa~, t r7G. ~ __Jpoo.'~
(b) Additional deposit to be made within clays from Effective Dale 5
(c) Total mortgages (as referenced in Paragraph 3) S G, o ,~~~ 0 0
(d) Other. S -~~
(e) Balance to close, subject to acljustn,enls and proralions, to be made cvitlt cash, locally dra,vr, certified or
easl»er's check or wire transfer. S ?~9 f O ~, 0 a
3. 7FiIRD PARTY FINANCING: Within l 5 days (ro+n E(fectiv Dale ("Application Period"}, BUYER shall, at BUYER'S expense, .
app! for third party finandng in the amount of 5 O O _ or_~n D o of tl,e purchase price to be amortized over a period of
years and due in no less than ~ years and will, a fixed interest Talc not to exceed p prevailing rate (~3! ~ ryo per }•ear or
variable interest rate not to exceed O prevailing rate O °'o at origination, will, aclclitional terms as follot•:s:
BUYER s1,a11 pay for the mortgagee title insurance policy and for all loan expenses. SELLER shall timely provide any erect all credit,
employment, financial, estoppel tellers and other information reasonably required by any lenc(cr. BUYER steal{ notify SELLER
immediately upon obtaining financing arbeing rejected by a lender. If BUYER, after diligent effort, fails to obtain a,eritten commitment
willrin ~~ days from L•ffcclivc Dale ("financing Period"),BUYER shall either
(a) waive tlds financing contingency and proceed ,vitl, closing or
(b) reapply at SEL1,L•R5 request and at lm'(UYER'S p SELLER'S expense for financing at an alten,ate lender selected by SELLGR.
Reapplication shall be made within.,S days from SELLER'S request. If SGLLER does not request reapplication, either part}• ma}•
~terrr+inale tlus Contract by written notice to the other party. ,~
4. 7[TLL•: SELLER has the legal capacity to and shall convey marketable title to the Propert}• 1y6, statutory ~ra::anly decdp other
free of ]fens, easements and encumbrances of record or known to SL• LLER, but subject to
property taxes for the year o[cfosing; covenants, restrictions and public utility easements of record; and (list any other mailers to which title
will be subject)
;provided there exists at dosing no violation of the foregoing and
none of them prevents IIUYL•R'S intended us of the Property a~C~c- a ne~p'1 o ao Jc,.~~~~~f t~se~-~ o , •
(a) Evidence of tic: SL•LLER slrall, at~'SEi.LER'S O BUYER'S expense and ,vill+in _L.~ cloys p (rom Effective Datc U prior to
Closing Date from date BUYER meets or waives Cutancing contingency in Paragraph ;t, deliver to BUYL•R
p an abstract of title, prepared orbrought current by an existing abstract firm or certified as correct by an existing fine.
title insurance commitment by a Florida licensed title Ensurer erect, upon LiUYL• R recording tl,e deed, an ALTA ocvrrei s polic}• in
th- amount of ll,e purchase price for fee simple title subject only to:excel?lions stated above.
BUYER shall, within 15 days from receipt of the abstractor 7 days from receipt of the centmitment, deliver written notice to SL•LLL•P. of
title defects.Title shall be deemed acceptable to BUYER if (1) BUYER fails to deliver proper notice of defects or (2) BUYER delivers
proper notice and $L•LLL•R sues the defects within 10 days from receipt of the notice ("Curative Period'). if the detects are cured
within the Curative Period, closing shall occur within 10 clays from retell+t by hUYlih of Halite of sud+ cuing. SfiLLiilt may elect not la
cure defects if SGLLER reasonably believes any defect eam,ot be cured within the Curntive Period. if the defects arc not cured within the
Curative Period, BUYER shall have 10 days [rom receipt of notice of SL•LLL•R'S inability In cure the defects to elect whether to terminate
Ibis Contract or accept title subject to existing defects and close the transaction without reduction En purchase price.
(b) Survey: (d,eck one)
p SELLER shall, wilhin~~ days from Effective Date, deliver to BUYER rnpics of surveys, plans, sl,ecifiwtions, and engineering
documents, if any, prepared for SELLERor in SELLER'S possession, ,vl,iclc slrotvall ct+rzentl}•existing stn+ctures.
O BUYER shall, at BUYER'S experue and within the time period allowed to deliver and examine title evidence, obtain a current certified
survey of the Property from a rcgistcrcd surveyor, if lire survey reveals cncroachmcnls on the Prohcrly or That the inrprovemcnls
encroach on the lands of another, p BUYER shall accept the Properly with existing encroachments a such encroachments shall constitute
a title defect to be cured within the Curative Period. 1
(c) Ingress and L•gress: SELLER wamnts that the Property presently has ingress and egress sufficient for BUYER's intended use of the
Property, title to,vhich is En accordance with Paragraph 4.
(d) Possession: SELLER slrall deliver possession and keys for all locks and alarms to BUYER at closing.
5. CLOSING DATE AND PROCGDURL•: This transaction shall be closed En ~iwc~ 1 County, Florida on oc before the
,199.9_ ar within days from Effective Date ("Closing Date', unless oll+er,vise exlended Iterein.pSELLER
BUYER shall designate the closing agent. BUYER and SL•LLER shall, within 1{S days (rom Effective Date, deliver to Esaocv Agent
oned instructions which provide for closing procedure. If nn institutional lender Es l,roviding purchase funds, !;nder requirements as to
place, time of day, and closing procedures slrall control over any contrary provisions En tl+is Contract.
(a) Costs: BUYER shall pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed.
SELLER shall pay taxes on tl,e decd and recording fees for documents needed to cure title defects. if SELLGR is obligated Io discharge
any encumbrance at or prior to closing and fails to do so, BUYER may use purchase proceeds to satisfy lire encumbrances. •
~,-. ...,... _. .. 1 111 7 = f
............ ,,~~r.cr. soon pruwde the deed, bill of sale, nuchanic's lien affidavit, assignments of leases, updated rent roll, tenant and
lehder estoppel letters, assignments of permits and licenses, corrective Instruments and letters notifying tenants of ll,e change in
ownership/rental agent. if any tenant refuses to execute an estoppel letter, SL•LLL•R shall certify that information rcgardirig the tenant's
lease Is correct: If SELLER is a corporation, SELLER shall deliver a resolution of its Doard of Directors authorizing the sale and delivery of
the deed and.cerUfication by the corporate Secretary certifying the resolution and setting (o,ih facts sho+ving the conveyance conforms
witli~ tl,e req:ii: ements of local la+v. SELLER shall transfer security deposits to DUYER. BUYC•R slk~ll provide tl+e closing statement,
mortgages and notes, security agreements and financing statements.
(c) Taxes, Assessments, and Prorations:The following items shall be made current and prorated as of Closing Date Oas of
real estate taxes, bond and assessment payments assumed by BUYER, interest, rents, association dues, insurance
premiurns acceptable to BUYER, and .1f the amount of taxes and
assessments far the current year cannot be ascertained, rates for the previous year shall be used with due allo+va,+ce being made for
improvements and exemptions. SELLER is aware of tl,e following assessments affecting or potentially affecting tl,e Property:~s7<JE_
. DUYER shall be responsible
for all assessments of any kind +vl,ict, become due and owing on or after Effective Date, unless tl,e improvement is substantially
completed as of Closing Date, in which case SL•LLER shall be obligated to pay the entire assessment.
(d) FIRPTA Tax WiU+l,olding: Tlu Foreign investment in Real Property Act ("FIR['TA"J requires DUYER to withhold at closing a portion
of the purchase proceeds for remission to the Internal Revenue Service ("LR.S ") if SL•LLGR Is a "foreign person as defined by the Internal
Revenue Code.The parjies agree to comply with the provisions of FIRPTA anc! to provide, at or prior to closing, appropriate
docvmenlation to establish any applicable exemption from the withholding requirement. It withholding is required and DUYER does not
have cash sufF.cient at closing to meet the withholding requirement, SELLER shall provide the necessary funds and BUYER shall provide
proof to SELLER that such funds were properly remitted to tl,e I.R.S.
6. ESCROW:DUYER andSELLERauthorize ~G~~t- Dc~te,r~So,J tt'1G.
Telephone: ~.~~~Facsimile: 34~-`I`l4q Address: Z~ "'` ~too2 One Ln~F~ n c~n-1-
act as "Escrow Agent" to receive funds and other ice s ancl, subject to clearance, disburse them in atcordaiue +vith the terms of this Contract.
Esaow Agent tva deposit all funds received in anon-interest bearing escro+v account. ^ an interest bearing escrow account with interest
accruing to ~~ • . !(Escrow
Agent receives conflicting demands or has a good faith doubt as to Escrow Agent's duties or liabilities under this Contact, he/she may
(a) hold flu subject matter of ll+e escro+v until the parties mutually agree to its disbu,•sement or until issuance of a court order or decision of
arbitrator detemining the parties' rights regarding the escrow or (b} deposit the subject rnatler of the escrow with the clerk of the circuit
court having jursdiction over the dispute. Upa, notifying the parties of such action, Escrow Agent shall be released from all liability except
[or the duty to account for items previously delivered out of escro+v. If a licensed rcol estate broker, G<croty Agent spoil comply with
applicable provisions of Chapter 475, Florida Statutes. Jn any suit or arbitration in which Iscrow Agent is made a party because of acting as
agent hereunder or interpleads the subject matter of the escro,v, Escrow Agent shall recover reosrn,ably atton,ey's fees and costs, which such
fees and costs to be paid from the escrowed funds or equivalent and charged and a+rarded as rnurt or other costs in favor of the prevailing
party. The parties agree that Escrow Agent shall not be liable to any person for misdclivery to BUYER or SELLER of estto+ved items, unless
the misdeGvery is due to Escrow Agent's willful breach of this Contract or gross negligence.
7. PROPERTY CONDITION: SELLER shall deliver the Property to DUYL•R al the time agreed h, its present "as is" condition, ordinary wear
~nd tear excepted, and shall maintain the landscaping and grounds fn a compaaWe condition. SELLL•R makes no warranties other than
\\ fnarketability of title. Dy accepting the Property'as is,"DUYER waives all claims against S(E[.LGP. for m+y drtrcts in the property.
O •) As Is: BUYER has inspected the Properly or waives any right to inspect and accepts the 1'n,l+erly in its'as is' condition.
tb) As is ~1'itlt Right of ]nspection: DUYER may, at DUYER'S expense and +vithin ~ ~ days from Effective Date ("hupection
Period"), conduct inspections, tests and investigations of the Property as BUYER deems necessary to determine suitability for BUYER'S
intended use. SELLER shall grant reasonable access to the Property -o BUYER, its agents, contractors and assigns far the purpose of
conducting the inspections provided, however, that all such persons enter the Property mid conduct the inspections at their o+vn risk
BUYER shall indemnify and hold SELLER harmless from losses, damages, costs, dainu and expenses of any nature, including attorney's
lees, and from liability to any person, arising from the conduct of inspections or work authorized by BUYER. DUYL-R shall not engage in
• any activity that could result in a mechanics lien being filed against the Property without SELLER'S prior written consent. BUYER may
terminate this Contract by written notice to SELLER prior to expiration of the Inspection Period if the inspections reveal conditions +vhich
are reasonably unsatisfactory to BUYER, unless SELLER elects to repair such conditions to BUYER'S satisfaction. if this transaction does
not close, DUYER shall, at BUYER'S expense, repair all ctamages to the Property resulting front the inspections and return the Property to
its present condition.
Walk•througi+ Inspection: BUYER may, on the day prior to closing or any other time mutually agreeable to the parties, conduct a final
"walk-through' inspection of the Property to determine compliance with this paragraph and to ensure that alt Property is on the premises.
No new issueSrmay be raised as a result of the walk•through. Radon Gas: Radon is a naturally occurring adioaclive gas that, when it has
accumulated In a buUding in sufficient quantities, may present l,ealtl, risks to persons who are exposed to it over time. Levels of radon Il+at
exceed federal and start guidelines have been found in buildings in Florida. Additional inlornwtion regarding adon and radon testing may
be obtained from your county public health unit. :
B. OPERATION OF PROPERTY DURING CONTRACT PERIOD: SELLER shaft continue to operals the Property and anybusincss
conducted on the Property in the manner operated prior to Contract and shall take no action which +vould adversely impact the Proprerty,
tenants, lenders, or business, if any. Any changes, such as renting vacant space, +vl,icl, materially affect tl,e Property or BUYER'S intended
use of the Property shall be permitted p only with BUYL•R'S consent ^ without BUYER'S consent.
9. RETUI:N OF DEPOSIT: In the event any condition of this Contract is not rnet and BUYC•R has adeil in good faith and with the
required degree of diligence, DUYER'S deposit shall be returned and this Contact shall terminate. '
10. DEFAULT: (a) In the event the sale is not closed due to any default or failure on tlrc part of SELLER otl,cr than failure to make the title
marketable after diligent effort, BUYER may either (1) receive a refund of BUYER'S deposit(s) or (2) seek specific performance. If
DUYER elects a deposit refund, SELLER shall be liable to Broker [or the felt amount of 11,e brokerage fee. (b) In the event tl,e sale fs not closed
~e to any default or (allure on the part of BUYER, SELLER may either (1) retain all deposit(s) paid or agreed to be paid by DUYL•R as agreed
ion liquidated damages, consideration for the execution of this Contract, and in full settlement of any claims, upon +vhich ibis Contract
shall terminate or (2) seek specific performance. If SELLL•R elects to retain ll,e deposit, DUYER shall be liable to Droker for flu full amount of
ll,e brokerage fee.
CGI o 199) Florda Association of ttceuoesu^iA111tigh,a trc:crvcd.
.. !
I
. ~ . _ .... w.a a ~: m any uaun or controversy arising out of ar relating to this Contract, the prevailing party; which for
' purrioses o! this provision shall include BLR'ER, SELLER, and Broker, shall be awarded:easonabte attorney's fees, costs and expenses.
12 BROKERS: Neither BLn'ER nar SELLER has utilized the services oE, or fac any other reason owes compensation to, a licensed real estate
Brokerotherthan: ~r~ r ;~
(a) Listing Br~ker. ~LV Ct ~~t- r" 1.> t e ~ t I1 e o I1 1 /7 G . ,
who is an agent of ~ELLER ^ both parties p neither party
and who will be compensated by O SELLER p BUYER O both parties pursuant to O a listing agreement ^ other (specify)
•(b) CooperatingBro er _f tr`5~ 9 tee I C~ t>1G.
who is an agent of ~UYER O SELLER O bottyparties O neither party
and who will be eom~~ p~~nsated liy O BUYER ~GL ER O both parties pursuant to O an MLS or other offer oEeompensation to a
eooperatingbroker~fother(specify) Shctir ~ rnmmts~t~l. ~- t
(collectively referred to as "Broker") in connection with any act relating to the Properly, including but no 'mired to inquiries, introductions,
consultations and negotiations resulting in this transaction. SL•LLER and BUYER agree to indemnify and hold Broker harmless from and
against losses, damages, costs and expenses of any kind, including reasonable attorney's fees, and from liability to any person, arising from
(1) compensation claimed {vhich is inconsistent with the representation in this Paragrapl>, (2j enforcement action to collect a brokerage fee
pursuant to Paragraph 30,1(3) any duty accepted by Broker at the request of BUYL•R orSELLER, which duty is beyond the scope of services
regulated by Chapter 475, F.S., as amended, ar (4) rdcommendations of or services provided and expenses incurred by any third party whom
Broker refer, recommends or retains for or on belzalE of BUYER or SELLER.
13.ASSIGNABILITY; PERSONS BOUND: This ContractOisnotassignable is assignable.Tlteterms'BUYL•R,"'SC•LLER,"and
'Broker" may be singular or plural. This Contract is binding upon BUYER, SELLER, and (heir heirs, personal representatives, successors, and
assigns ('if assignment is permitted). .
19.OPTIONAL CLAUSL•S: (Initial tf any of the following clauses are applicable and aze attached as an addendum to ttvs Contract):
Arbitration SELLER Warranty Coastal Consttvction Control Line
Section 1031 Exchange SELLER Financing Flood Area hazard Zone
Property Inspection and Repair Existing Mortgage Property Located in Uninc. Metro. Dade County
SELLER Representations Feasibility Study Other
15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between DUYER and SELLER. ModiCcat(ons to llus
Contract shall not be valid or binding unless in writing and executed by the party to be bound. Titis Cotttrpct may be exetttted in two or
more counterparts, each of which shall be deemed an original and all of which together shall cotulilule one instrument. A facsimile copy of
Iltis Contract and any Initials or signature thereon shalt be deemed as original. This Contract shall be consented tinder Florida law and shall
not be recorded in any public records. Delivery of any written notice to any party's agent shall be deemed delivery to that party.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTIiACT.IF NOT FULLY UNDERSTOOD, SL•EICTIiL• ADVICE OF AN
ATTORNEY PRIOR TO SIGNING. A REAL ESTATE BROICL•R IS QUALIFIED TO ADVISE ON REAL L•STATL• TRANSAG
~'fONS. BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRATE PROFL•SSIONAL FOR LEGAL,TAX, L•NVI-
RONTfENTALAND OTHER SPECIALIZED ADVICE.
DEPOSIT RECEIPT: Deposit of 5 by0 check0 other
,19 by
5i~e:urr of Escroro Agrn! +
received on
OFFER: BUYER offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by SELLER and a signed
copy delivered to BUYER orBUYER'S agent no later than p a.m.0 p.m. on ,19 ,BUYER
may revoke this offer and zeceive a refund of all deposits.
Date: BUYER:
Title: ,_
Address:
Date: BUYER:
Title: _
Address:
Telephone:
Tax ID No:
Facsimile:
ACCEPTANCE: SELLER accepts BUYER'S offer and agrees to sell the Property on the above terms and conditions(O subject to the
attached counter offer).
Date: SELLER:
Title: -
Tax ID No:
Telephone: _ Facsimile:_
' Tax ID No:
Telephone: Facsimile:
Address:
Date: SELLER:
Title: _
Address:
Tax fi? No:
Telephone: Facsimile:
--
TheFloddaMrociatlonofRtiltan® makes norepresentaltonastothelegalvaUdltyoradequacyofanyprovbionorthLfarminanyspectretramugon.Thb
standardized form should not be wed In eompiez lnnsadfona or wills eztemlre rldera or add(tions.Thla fours is avallaUie forme by the entire real estate Industry and Is
not Intended to Identify the user as a REAL70Rm. REALTOR® Is a registered collective membership mark which may be used only by roil estate liremtes who are
membeu of the NATtONALA550CIATION OF RL•ALTORS® •nd who subscribe 1n 11s Code of Elbin.
The eopyribht lawn of the United States (17 U5. Code) forbid the unauthorized reproduction of This /orns by any means including facsimile or eomputtrized forms.
~D199) Florida Assodalton of RFJlvou®Ail Rights Reserved
P.O. Box 725075, Orlando, FL X2372.5025
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51.0' ~ _ DRNEwnY AT'RON
• _® ATTACFIl`1ENT B ®_
FEBRUARY 8, 1999 COMMISSION MEETING
AGENDA ITEM NO• SG
•
• DATE: ~ ' ~ ~ ~ 9 9
CITY OF ATLANTIC BEACH
CITY COMi1IISSIO\T MEETII\G
STAFF REPORT
AGENDA ITEM: ENGINEERING REDESIGN CONTRACT FOR WONDER~VOOD DRIVE
UTILITY RELOCATION
SUBMITTED BY: Robert S. ILosoy, P.E./Director of Public ~ti'orks ~~`~
DATE: February 2,1999
BACKGROUND: On December 14, 1998, the City Commission awarded the contract for Engineering
Design for Wonderwood Drive Utility Relocation to The R-A-M Professional Group, Inc. (R-A-M), in
the amount of 520,000.00.
On January 25,1999, we were informed that relocation of the JEA electrical light poles would
necessitate moving one or more force mains into the median, instead of alongside `Vondenvood Drive,
on the northerly right-of-~vay, as designed by R-A-M.
JEA has already completed their design, which locates their water and sewer lines along the side of
1~Vondenvood Drive. Dtuing a meeting with Bessent, Hammack & Ruckman, JEA, Jacksonville
Transportation Authority (JTA) and R-A-M, a compromise was reached whereby the City of Atlantic
Beach would relocate one of otu force mains (the 12-inch effluent outfall) into the median. Relocation
of this line was more desirable because there are no sen7ces connected to the line, and there has been
no history of breaks in the line.
JTA had planned to receive all submittals by Febn~ary 5, 1999. However, due to the these utility
conflicts, they have agreed to extend the deadline to Febniary 23,1999.
R-A-M's design is nearly complete for the City's portion of the project, but due to the above issues, a
redesign is needed. Dieing a meeting on Febniary 1, 1999, we informed R-A-M to stop work on the
c~urent design, which shotivs both of otu force mains located on the north side of Wondenvood Drive.
We received a cost proposal for redesign of the project from R-A-M in the amount of 57,900.00, and
they advise they can complete the project in rivo weeks. Therefore, if authorized by the Commission,
the design will be complete by the deadline date of February 23,1999.
RECOMMENDATION: Award the contract for Engineering Redesign for ~Vondenvood Drive Utility
Relocation to The R-A-M Professional Group, Inc., in the amount of 57,900.00. Authorize the City
Clerk to send notification of the award to the firm, and authorize the City Manager to sign the contract
with The R-A-M Professional Group, Inc.
~~ 4(O - Lf~fol-s-3.s^- G 300
ATTACHMENTS: Cost Proposal from R-A-M
~ ~ ~ .~~
~` REVIEWED BY CITY MAI\'AGER: L P~S~ iz9 ``
D2-01-1579 03~45PM FROM R-A-M PROFESSIONAL GROUP TO 2475843 P.01
.. ...:.......
~ ~~ ~~~ ~~~~~ ~~~~~~~~0~ ~~~~~ ~~~a
( ~,~.
..e ENGINEERING-PLANNING-ENVIRONMENTAL CONSULTANTS
January 31.1999
Via Facsimile: 247-5843
Mr. Robert S. Kvsoy, P.E.
Director of Public Works
City of Atlantic beach
1200 Sandpiper Lane
Atlantic beach, Florida 32233
Re: Wonderwood Drive Utilities Relocation
R-A-M Project No. 198-023-01 -
Dear Bob:
This vrill confirm our conversation earlier today during which you asked The R-A•M
Pro~sssional Group, Inc. (R-A-M) tc suspend efforts within the above-referenced project until
further notice (except pay items sheets). Moreover, we discussed three (3) options upon
resumption of efforts:
• Option 1: Leave alignment as is (no change). This option vrill require one (1)
week from notice to resume to complete, and meat require additional funding to
~' accommodate excess coordination beyond original agreement.
Option 2 (Modification 1 -Option A): -Relocation of force main only to median.
This option will require two (2) weeks from notice to proceed to complete, and a
fee modification of $7,900.00. It will also require modification to the current JEA
water and sewer plans.
Option 3 (Modificaiton 1 -Option B): -Relocation of both sewer lines to median.
This option will require three (3) weeks from notice to proceed and an additional
fee of $10.555.00. It should not require any modifications to JEA's existing water
and sewer plans.
Our efforts to date are approximately 90% complete, which we will bill through January
31, 1998. No additional funds will be expended without your authorization. We look forward to
hearing from you regarding your desired course of action for us to pursue.
Best personal regards,
THE R-A-M PR ES5IONAL GROUP, INC.
i~~
Wayne C. Reed
President
WCR:Imj
4655 Salisbury Road, Suite 210 - Jocksonvilie, Florida 32256
(9nd? 99e5.dddp _ FAX (904) 246.458p
TOTAL P.01
r.:.
-_l~ ^:.l
~~ -?~ ~_T'H_E _R-,~_1-I~_i PR®__~_E__S_S_~_0_1VA_L G_R_®_ ~_!_P,_ ~ N C.
~~'' ENGINEERING -PLANNING- ENVIRONMEN~TALJCONSULTANTS3
January 29, 1999
Mr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
Re: Wonderwood Drive Utilities Relocation
R-A-M Project No. 198-023-01
Dear Mr. Kosoy:
Our status of the plans for the above-referenced project as of January 29, 1999
is as follows:
~, 1. We are on schedule for completing the plans for submittal to JTA next
Friday, February 5, 1999.
2. The plan and profile sheets are complete except for showing the air
release valves, relocated water meters, and any last minute changes.
3. The take off of the quantities has also been completed.
4. Design and drawing of the bracket for mounting the air release valve on
the bridge has been completed.
The items which have not been completed include:
1. Developing the pay item summary sheets.
2. Location and presenting the air release valves and water meters on the
plans.
3. Final review and checking.
4. Final plotting.
5. Permitting (DCHD and RESD).
6. Bid package preparation.
4655 Salisbury Road, Suite 210 -Jacksonville, Florida 32256
(904) 296-4440 - FAX (904) 296-4580
~, Mr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
R-A-M Project No. 198-023-01
January 29, 1999--------Page 2
Please see also the enclosed Project Time Line per your request.
Feel free to call me with any questions or comments.
Yours very truly,
THE R-A-M PROFESSIONAL GROUP, INC.
~~
~ /1 "~ ~ !r~= .
V
Frank E. Gray, Jr., P. .
Principal and Director of Engineering
FEG:Imj
Enc.
{~
~'
Project Progress Schedule
Utilities Relocation for Wonderwood Connector
R-A-M Project No. 198-023-01
12-5-1998 Received call from Bob Kosoy requesting fee proposal
12-7-1998 Received copy of Roadway Plans from BHR
12-16-1998 Notice to Proceed on Plans
12-29-1998 Transmitted 30% Design Plans (Atlantic Beach lines shown parallel and ajacent
to JEA alignment)
1-6-1999 Purchase Order Received
1-8-1999 Recieved Comments on 30% submittal from Bob Kosoy
1-8-1999 Received copy of Lighting Plans from BHR and comment that 30% submittal was
in conflict with Lighting. (No comments were provided regarding conflict with
JEA alignment; no JEA comments were provided at all.)
1-12-1999 Received comments from Reynolds, Smith, and Hills on 30%
submittal.(Comments focused on apparent lack of coordination between JEA and
R-A-M plans.
1-13-1999 Meeting with Jack Gabriel(JTA), Bob Kosoy(Atl. Bch.)and Frank Gray(R-A-M)
Meeting focused on relocation of force mains on the Pucket Creek bridge and the
need to quickly coordinate with JEA.
1-13-1999 Meeting with Bob Kosoy(Atl. Bch.), Frank Gray(R-A-M), Ronnie Cox(JEA),
George Knecht(JEA), and Jim Mattson(JEA).
Meeting focused on relocation of force mains on the Pucket Creek bridge and the
need to meet with Carole Smith regarding any decision on the modifying the
arrangement of the force mains on the bridge.
1-15-1999 Meeting with Bob Kosoy(Atl. Bch.), Frank Gray(R-A-M), Ronnie Cox(JEA),
Carole Smith(JEA), and Jim Mattson(JEA). Meeting focused on relocation of
force mains on the Pucket Creek bridge. The discussion included a conference
call with Robert Simmons(BHR) to coordinate further.
1-20-1999 Utilities meeting at JTA with Atlantic Beach, JTA, JEA Electrical
Transmission,JEAFlectrical Distribution, Bell South, BHR, and
R-A-M. JEA Electrical Transmission are going to relocate all power poles to the
~' back of the right of way. Decision was made to submit the latest plans on the
~--~ routing of the Atlantic Beach force mains and then meet with BHR and JEA
Electrical Transmission.
1-21-1999 R-A-M transmitted Interim Submittal to Atlantic Beach, JEA Electrical
Transmission, and BHR.
1-25-1999 Review meeting at BHR with JEA (electrical transmission),BHR and R-A-M.
Review of comments on interim submittal and changes required to avoid conflict
between the Atlantic Beach force mains and the relocated power poles.
1-29-1999 Review meeting at BHR with JEA (water and sewer),BHR, JTA and R-A-M.
Review of comments on interim submittal and changes required to avoid conflict
beriveen the Atlantic Beach force mains and the JEA force main. Decision vas
made to review the concept of installing one or both of the Atlantic Beach force
mains in the median.
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CITY OF ATLANTIC BEACH -UTILITIES RELOCATION DESIGN FOR WONDERWOOD ROAD
" , MODIFICATION 1 (OPTION A: RELOCATE FORCEMAIN ONLY)
The R-A-M Professional Group, Inc.
A. LABOR COSTS (SEE TASKS 1-9. PG. 11 EXPECTED
MANHOURS RATE IRECT
PROJECT MANAGER 6 @ $105.00 $630.00
LEAD CIVIL ENGINEER 20 @ $95.00 $1,900.00
STRUCTURAL ENGINEER 0 @ $80.00 $0.00
DESIGN ENGINEER 22 @ ~ $70.00 51,540.00
SENIOR DESIGNER 18 @ 560.00 51,080.00
CADD OPERATOR 44 @ 550.00 52,200.00
CLERICAL 6 @ 540.00 $240.00
QA/OC ENGINEER 0 @ $80.00 0 00
TOTAL LABOR COST 116 57,590.00
B.SUBCONSULTANTS
None Anticipated 50.00
TOTAL SUBCONSULTANTS COST S0.00
C. REPRODUCTION COSTS COPIE PAGES COT EXTENSION
100% SUBMITTAL (PLOTS/PRINTS/COMP BOOK) 5 18 @ 52.00 $180.00
BID PACKAGE 1 18 @ $2.00 36 00
TOTAL REPRODUCTION COSTS 5216.00
p. OTHER COSTS ,,
LOCAL DELIVERIES 2 @ $25.00 50 00
TOTAL OTHER COSTS S50.00
.TRAVEL
PROJECT 150 @ 50.32 48 00
TOTAL TRAVEL 548.00
TOTAL 57,904.00
SAY $7,900.00
SUBMITTED BY:
WAYNE C. REED
PRESIDENT
THE R-A-M PROFESSIONAL GROUP, INC.
29-Jan-99
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FEE PROPOSAL -HOURS SPREAD BY TASK
,,.a CITY OF ATLANTIC BEACH -UTILITIES RELOCATION DESIGN FOR WONDERWOOD ROAD
MODIFICATION 1 (OPTION B: RELOCATE FORCEMAIN AND EFFLUENT REUSE LINE)
. The R-A-M Professional Group, Inc.
A. LABOR COSTS (SEE TASKS 1-9. PG. 1)
PROJECT MANAGER
LEAD CIVIL ENGINEER
STRUCTURAL ENGINEER
DESIGN ENGINEER
SENIOR DESIGNER
CADD OPERATOR
CLERICAL
QA/QC ENGINEER
TOTAL LABOR COST
B. SUBCONSULTANTS
None Anticipated
TOTAL SUBCONSULTANTS COST
C. REPRODUCTION COSTS
100% SUBMITTAL (PLOTS/PRINTS/COMP BOOK)
BID PACKAGE
TOTAL REPRODUCTION COSTS
D. OTHER COSTS
LOCAL DELIVERIES
TOTAL OTHER COSTS
E. TRAVEL
PROJECT
TOTAL TRAVEL
EXPECTED
MANHOURS RATE DIRECT
6 @ S105.00 $630.00
22 @ $95.00 $2,090.00
0 @ $80.00 $0.00
32 @ $70.00 S2,240.00
24 @ $60.00 $1,440.00
72 @ $50.00 $3,600.00
6 @ $40.00 $240.00
0 @ $80.00 0.00
162 S10,240.00
$0.00
$0.00
COPIES PAGES COST EXTENSION
5 18 @ $2.00 $180.00
1 18 @ $2.00 36.00
$216.00
2 @ $25.00 50.00
$50.00
150 @ $0.32 48.00
$48.00
TOTAL
SAY
SUBMITTED BY:
W NE C. R ED
`. ~ PRESIDENT
THE R-A-M PROFESSIONAL GROUP, INC.
29-Jan-99
$10,554.00
$10,555.00
_® ATTACHMENT C
FEBRUARY 8, 1999 COMMISSION MEETING .
"~`~
800 SE~IINOLE ROAD
ATLANTIC BEACH. FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUKCO~f 852-5800
February 2, 1999
To: The Honorable Mayor and City ommissioners
From: Maureen King, City Clerk ~~
Subject: Occupational License Application
IMMORTAL BODY IN INK
Nicole L. Gwyn has submitted an application for an occupational license for a tattoo and body
piercing business at 1249 Mayport Road. Section 20-59 of the Code of Ordinances requires
~~ approval of the City Commission before an occupational license can be issued for this type of
business.
In addition to the City requirements, Florida law requires tattooing businesses to operate under
the supervision of a doctor and we will require written confirmation from the doctor who will be
supervising this business. Also, tattooing businesses must obtain a permit for waste disposal, and
must also have written safety procedures approved by OSHA. In the event the City Commission
approves this application, an occupational license will not be issued until inspections have been
performed and all other requirements have been met.
Ms. Gwyn will be in attendance at the Commission Meeting on Monday night to respond to any
questions you may have regarding this business.
Attachments: Application for Occupational License
Statement from principals of the business explaining the nature of their business
Section 877.04, Florida Statutes
Excerpt from Section 20-59, Atlantic Beach Code of Ordinances
t ~.
~ CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD, ATLANTIC BEACH, FL 32233
ection I
APPLICATION FOR X NEW LICENSE TRANSFER OF OWNERSHIP TRANSFER TO NEW LOCATION
TRANSFERRING FROM
BUSINESS NAME IMi~fORTAL BODY in TNK (Tattoos and Body Piercing)
LOCATION ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233 _
MAILING ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233
PHONE 904/247-9070 pA}{ N/A
EXPLAIN FULLY THE NATURE OF THE BUSINESS SEE ATTACEIED
SQUARE FOOTAGE OF BUSINESS PREMISES 900 s f
(Include both buildings and outside areas used in conjunction with the business, but not patron pazking areas)
NUMBERAND TYPE OF VENDWGMACHINES (if any)N/A
Section
LOCALPRINCIPALOFFICERIi~IANAGER/OWNER Nicole L. Gwyn
HOI~ADDRESS_ 1890 West State Road 200; Callahan, FL 32011 '
DATE OF BIRTH August 21, 1969 DRIVER'S LICENSE r 10353752 Texas (Attach copy)
HO,'vSEPHONE 904/225-0231 s.s.~ ORFEDERALEMPLOYERID 489-92-0636
~` STATE LICENSE/CERTIFICATION~REGISTRATION ~ (if applicable, attach copy)
Section 3.
I, the undersigned stivear that the above statements aze true and correct and I agree to notify the City Clerk if there is any change in the
above information. ,
I further understand that issuance of an occupational license by' the City Clerk in no tivay relieves me of the responsibility of compliance
pith all provisions of the Code of Ordinances pertaining to conducting a business in the City of Atlantic Beach.
. - Studio DirPCt•c~r
igmature' Title
Nicole .Gwyn January 25, 1999
Print Name Date
NO PERSON, FIRM OR CORPORATION SHALL ENGAGE IN ORMANAGE ANY TRADE, BUSINESS, PROFESSION, OR
OCCUPATION IN ATLANTIC BEACH WITHOUT FIRST OBTAINING A LICENSE AND PAYING AN ANNUAL FEE.
APPLICATION ANDIOR PAYIv1ENT DOES NOT CONSTITUTE APPROVAL OR ISSUANCE OF A LICENSE.
Section 4. - (For office use only
CODE ~ LICENSE ~ FEE PAID $ I:ULL/HALF YEAR
STATEREG./CERT. HEALTH CERT. OTHER
FICTITIOUS NAME REG. CORPORATION REG.
REQUIRES CO1dM. APPROVAL: YES/NO DATE APPROVED/DENIED BY CO~IIvI.
BUILDING DEPT. APPROVAL BY DATE
FIRE DEPT. APPROVAL BY DATE
ZONING APPROVED BY DATE
CITY CLERK APPROVAL BY DATE
~~ Section 1: Explain Fully the Nature of the Business
Immortal Body in Ink would like to represent the community of Atlantic Beach as a tattoo and
body piercing studio with the highest standards and most professional studio possible.
Our studio will be unique in that it will represent in a clean and sterile environment. Individual
booths will afford our artist and customers privacy allowing focused attention on the customer.
The studio will be staffed with professional, friendly people representing 25 years of combined
tattoo experience. The piercing staff will have combined experience of ten years. Both artist
are members of NPA (National Pierces Association), a nationwide organization dedicated to
safe and professional body piercing. • •
All members working in the studio are Red Cross certified in CPR and first aid. This is a
standard Immortal Body in Ink considers important in better serving our customers.
No one under the age of 18 will receive body piercing in this studio without the written consent
of their parent or legal guardian. Both parent and child will be requested to sign the studio's
standard release form before any procedure will be performed.
Immortal Body in Ink permits only the use of pure metals such as surgical stainless steel,
titanium, or niobium in initial body piercing. Gold is not authorized due to its impurity which
could create health risk in fresh piercing. Gold however is safe after piercing is healed. Again,
l 1 all of our piercing methods are set to standard in accordance with the National Pierces
Association.
Tattoo standards will not permit anyone under the age of 18 to be tattooed. Anyone appearing
to be or known to be under the influence of alcohol or drugs will not be given a tattoo. Our job
is to provide the safest and most effective methods in our field to our customers. Drugs and
alcohol are not permitted on or in our studio~and anyone not complying with this will be asked to
leave the premises.
Any woman appearing to be pregnant or stating that they are positive for pregnancy will also
not be permitted to be tattooed or receive body piercing. This will be for the safety of the
mother and child.
The standards stated above are not from Florida Statute 59-R but are the standards for this
studio. A copy of these will be made available to our customers. The studio will only specialize
in tattoo and body piercing and will not engage in the sale of any other articles not related to
these two services. It is our sincere desire to be a safe and sterile studio for those customers
seeking the aesthetic services we offer.
Sincerely,
The staff of Immortal Body in Ink
-/
Nicole L.
.~.
Denn aldrop,
i'
% .
oven Clifford
877.04 Tattooing prohibited; penalty.-
(1) It is unlawful for any person to tattoo the body of
any human being; except that tattooing may be per-
formed by a person licensed to practice medicine or
dentistry under chapters 458 and 459 or chapter 466,
or by a person under his or her general supervision as
defined by the Board of Medicine.
(2) Any person who violates the provisions of this
section shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s.
775.083.
(3) No body of a minor shall be tattooed without the
written notarized consent of the parent or legal guard-
ian.
tilstory.-ss. 1, 2, ch. 59-439; s. 1, ch. 69-118; s. 1148, ch. 71-136; s. 1, ch.
77-174; s. 124, ch. 92-149; s. 23, ch. 93.260; s. 1426, ch. 97-102.
{''1 ~ § 20-59 ATLANTIC BEACH CODE .
Other service establishments:
Telephone company, subject to franchise:
First 1,000 phones for instruments or fraction .thereof, per phone or
instrument operated or installed ................................ $.075
Second 1,000 phones or instruments or fraction thereof over 1,000, per
phone or instrument operated or installed ....................... .06
All over 2,000 phones or instruments, per phone or instrument operated
or installed .................................................... .045
Transportation: In addition to the license for the business establishment (physical facility),
each individual engaged in transportation shall pay a license fee for each vehicle
involved in the business, as follows:
Taxi/limousine service
Limousine, per vehicle .............................................. 26.00
Taxicabs ........................................................... 26.00
Towing/wrecker service
Towinghvrecker service, per vehicle .................................. 26.00
Trucking
Truck, per vehicle ................................................... 26.00
Vending machines: The licensing of vending machines shall be the responsibility of the
business where the vending machines are located and shall be in addition to other
license(s) required for the business. Vending machines shall mean any amusement!
game machine, pooUbilliard table,`electronic music machine, and any machine which
dispenses a product.
0 to 3 machines ..................................................... $26.00
4 to 10 machines ................................................... 52.00
11 to 19 machines .................................................. 105.00
20 or more machines (arcade) ........................................ 262.00
Commission approval will be required before occupational licenses will be issued for the
following businesses, and license fees shall be as follows:
Passenger vessel
1-50 passenger capacity ............................................ 100.00
51-100 passenger capacity ........................................... 1,000.00
101 or more passenger capacity ...................................... 125,000.00
Day Iabor employment service ............................................ $5,000.00
Escort service ........................................................... 25,000.00
Supp. IQo. 20 1176
~~
TAXATION § 20-78
Lingerie modeling shop .................................................. 25,000.00
900 telephone service or equivalent ....................................... 25,000.00
Sexually oriented live entertainment ...................................... 25,000.00
..--~ Tattoo artist ............................................................ 5,000.00
Teen club ............................................................... 5,000.00
(Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-86-?,
§ 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10,
1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98)
Secs. 20-60-20.75. Reserved.
ARTICLE N INSURANCE PREMIUM TAXES
(\ '
Sec. 20-76. Casualty risks.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the
business or insuring with respect to casualty risl~s, as shown by the records of the insurance
commissioner of the state, an excise or license tax in addition to any license tax or excise tax
now levied by the city, which tax shall be in the amount of one (1) percent of the gross amount
of receipts of premiums for policyholders on all premiums collected on casualty insurance
policies, covering property within the corporate limits of the city.
(Ord. No. 45-80-4, 9-8-80)
State Iaw reference-Authority for this section, F.S. § 185.08.
Sec. 20-?7. Property insurance.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the
business of property insurance, as shotivn by the records of the insurance commissioner of the
state, an excise or license tax in addition to any license tax or excise tax now levied by the city,
which tax shall be in the amount of two (2) percent of the gross amount or ieceipts of premiums
from policyholders on all premiums collected on property insurance policies covering property
within the corporate limits of the city.
(Ord. No. 45-80A, 9-8-80)
State law reference-Authority for this section, F.S. § 175.101.
Sec. 20-78. Payment date.
The license or excise taxes levied in section 20-?6 or 20-?? shall be due and payable annually
l
on the first day of Mazch of each year.
(Ord. No. 45-80-4, 9-8-80)
[The next page is 1221]
Supp. No. 20 117?