Minutes / 06-14-99MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD ' IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JUNE 14, 1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
Theo Mitchelson, Commissioners
AND: David Thompson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
ABSENT: John Meserve
The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The
Invocation was offered by Commissioner Mitchelson followed by the
e ge o egiance to t e ag. i ayor aug essy state at to ay was
Flag Day, and if anyone had an old flag they wished to dispose of, it could
be taken to the Fleet Reserve on Mayport Road for proper disposal by
burning.
1. Approval of the minutes of the Regular Meeting held
May 24,1999
The Mayor asked for corrections or amendments to the minutes, and there
were none. The minutes of the Regular Meeting held May 24, 1999 were
unanimously approved as presented.
2. Approval of the minutes of the Special Called Meetinb held
June 2, 1999.
The Mayor asked for corrections or amendments to the minutes.
Commissioner Mitchelson referenced page 5 of the minutes and requested
that the words "flyover project" in the first paragraph be struck and replaced
with "legal action".
The minutes were unanimously approved as amended.
In deference to Mrs. Ashby and her family, Item 6A was taken out of
sequence and acted on at this time.
A. Resolution No. 99-16
A RESOLUTION OF ESTEEM FOR ELEANOR ASHBY
(MAYOR)
Motion: Adopt Resolution No. 99-16.
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June 14, 1999
There were no comments and the motion carried unanimously.
The Mayor read Resolution No. 99-16 in its entirety commending Mrs.
Ashby for her twenty years of service as the Executive Director of
Leadership Jacksonville and her promotion and practice of the concept of
"community trusteeship." Mayor Shaughnessy indicated that a framed
resolution would be sent to Mrs. Ashby when all of the signatures were
obtained.
Mrs. Ashby stated she was honored to receive the special recognition and
briefly commented on the "wonderfulness" of being an Atlantic Beach
resident. Mrs. Ashby then introduced her family, and urged everyone to
rejoice in the fact that they live in such a beautiful place.
2. Courtesy of the Floor to Visitors:
A. Don Remley of 1309 Violet Street inquired regarding a letter which
had been sent to residents requiring residents to connect to the city's sewer
system and asked if everyone currently on a septic system received such a
letter.
City Manager Thompson stated that two hundred seventy-seven letter were
being processed and would be sent to all residents not already connected to
the city's sewer system, as required by state statute.
B. Tom Dumas of 27 South 37th Avenue, Jacksonville Beach,
representing the owners of Johnston Island, distributed information packets
to each Commissioner. He stated that the owners were offering the property
for sale to the City of Atlantic Beach and the City of Jacksonville as part of
the Preservation Project, at the 1994 appraisal price.
Mayor Shaughnessy indicated she had informed the City of Jacksonville
that the island was for sale, and the City of Jacksonville and the
Department of Transportation were looking into the possibility of
purchasing it as a part of the Preservation 2000 project.
City Attorney Jensen distributed copies of a letter dated June 14, 1999 to
the Commission concerning Johnston, et al, vs. City of Atlantic Beach.
City Attorney Jensen said the opinion stated in the letter upheld the ruling
of Judge Skinner at the circuit court level, which was in favor of the city.
The letter is attached and made part of this official record as Attachment
A.
3. Unfinished Business From Previous Meeting
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June 14, 1999
A. Consideration of Purchase of Lot 305, Saltair, at a cost not to
exceed $50,000 (1VIayor)
Motion: Purchase of Lot 305, Saltair, at a price to be negotiated
by the City Manager and/or City Attorney not to exceed
$50,000.00.
City Manager Thompson reported he had spoken to Mr. Nixon and he felt
the appraisal was low. Mr. Hixon indicated he had already received two
offers on the property for $50,000.00, but he had no contract.
Commissioner Borno suggested that the city make Mr. Nixon an offer, and
Commissioner Beaver felt the city should negotiate a price for the property.
Commissioner Mitchelson stated he was not in favor of purchasing the
property. He felt that staff did not knowingly give out misinformation
concerning the property, and the city should not pay $50,000.00 to correct
a perceived wrong.
Mayor Shaughnessy stated she agreed with the City Manager's
recommendation to purchase the property for a price not to exceed
$50,000.00.
Commissioner Mitchelson requested clarification of the motion, and it was
the consensus of the Commission that the City Manager should move
forward with the transaction without further Commission approval.
There being no further discussion, the motion carried by a three to one vote
with Commissioner Mitchelson voting nay.
Clark Schaffer of 309 Magnolia Street thanked the Commission for their
action and read a quote from reflections of Elizabeth Porter concerning
Howell Park.
4. Consent Agenda:
A. Acknowledge Receipt of Monthly Reports from Buildinb, Code
Enforcement, Occupational License, and Recreation
Departments for the Month of May 1999 (City Manager)
The monthly reports from the Building, Code Enforcement, Occupational
License and Recreation Departments were received and filed as presented.
5. Committee Reports:
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June 14, 1999
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 99-16
A RESOLUTION OF ESTEEM FOR ELEANOR ASHBY
(MAYOR)
Resolution 99-16 was acted on prior to Item 2 of the agenda.
B. Resolution No. 99-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
DECLARING SUNDAY, JUNE 20,1999, AS BREAST
CANCER AWARENESS DAY IN ATLANTIC BEACH
The Mayor read the Resolution by title only.
Motion: Adopt Resolution No. 99-17.
There was no discussion and the motion carried unanimously.
C. Resolution No. 99-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
AUTHORIZING THE MAYOR TO EXECUTE A
MAINTENANCE CONTRACT AGREEMENT RENEWING
CONTRACT NO. B-B117 BETWEEN THE CITY OF
ATLANTIC BEACH AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND PROVIDING AN EFFECTIVE
DATE.
The Mayor read the Resolution by title only.
Motion: Adopt Resolution No. 99-18.
Commissioner Mitchelson noted that the agreement was the same as the
previous year and inquired if it included any adjustment for inflation. City
Manager Thompson indicated this had not been investigated, but an
inflation clause would be considered in future renewals of the contract.
There being no further discussion, the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 95-99-70-Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACI-I
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June 14, 1999
AMENDING CHAPTER 4 ANIMALS, ADDING A NEW SEC.
4-S LEGISLATIVE FINDINGS; AMENDING SEC. 4-10,
DANGEROUS DOGS, TO CORRECT NUMBERING;
ADDING A NEW SEC. 4-11, CLASSIFICATION OF DOGS AS
DANGEROUS; CERTIFICATION OF REGISTRATION;
NOTICE AND BEARING REQUIREMENTS;
CONFINEMENT OF ANIMAL; EXEMPTION; APPEALS;
UNLAWFUL ACTS; ADDING A NEW SEC. 4-12 ATTACK
OR BITE BY DANGEROUS DOG; PENALTIES;
CONFISCATION; DESTRUCTION; ADDING A NEW SEC.
4-13 BITE BY A POLICE OR SERVICE DOG; EXEMPTION
FROM QUARANTINE; AMENDING CHAPTER 4, ARTICLE
II, DOGS AND CATS, SEC. 4-30(B), CITATIONS
AUTHORIZED; PENALTIES PROVIDED, TO PROVIDE
THAT A SECOND OR SUBSEQUENT OFFENSE BE
WITHIN THREE (3) YEARS FROM THE FIRST OR PRIOR
OFFENSE BEFORE INCREASED FINES ARE APPLIED;
AND PROVIDING AN EFFECTIVE DATE (Commissioner
Beaver)
Mayor Shaughnessy read the ordinance by title only.
Motion: Approve passage of Ordinance 95-99-70 on first
reading .
Mayor Shaughnessy indicated the public hearing would be held June 28,
1999.
Commissioner Mitchelson offered an amendment to Section 4-30 which he
believed would clarify the intent of the section. The amendment dated June
14, 1999; is attached and made part of this official record as Attachment
B.
Amendment to the motion: Replace Section 4-30 numbers 1-~
with the wordin ; submitted by Commissioner Mitchelson
as contained in Attachment B.
Dr. Sylvia Simmons, Chair of the Animal Control Ordinance Review
Committee, concurred with Commissioner Mitchelson's suggested
amendment as being agreeable with the committee's recommendation.
Discussion ensued concerning the suggested wording, and City Attorney
Jensen briefly outlined the previous changes to Section 4-30 and confirmed
the intent of the Commission with regard to the section.
There was no further discussion and the amendment to the motion and main
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June 14, 1999
motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and Action on a Request for aUse-by-Exception
Filed by Debra and Ted Jackrel to Operate a Parking Lot on
Property Described as Lots 1,2,3 and 4, Block 40, Section H,
Atlantic Beach (City Manager)
Motion: Accept recommendation of the Community
Development Board and approve the use-by-exception filed by
Debra and Ted Jackrel to operate a parking lot on property
described as Lots 1,2,3 and 4, BIock 40, Section H zoned
Commercial General (CG). (Subject to the conditions that (1) all
requirements of Section 24-162 be met, (2) that the applicant
comply with any applicable landscaping requirements under Section
24-177, and (3) that the exception be granted to the applicant only
and for this location only).
Mayor Shaughnessy opened the floor for a public hearing. Since no one
spoke for or against the matter, the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
B. Public Hearing and Action on a Request for aUse-by-Exception
filed by Bradley N. Bowen to Operate a General Contractor's
Office as a Home Occupation at 109 Pine Street, Zoned RG-2
(City Manager)
Motion: Accept recommendation of the Community
Development Board grid approve the use-by-exception filed by
Bradley N. Bowen to operate a General Contractor's office
as a Home Occupation at 109 Pine Street, zoned RG-2 . (Subject
to the conditions that (1) that the applicant comply with all
restrictions set out in Section 24-159, and (2) that the exception be
granted to the applicant only and for this location only).
Mayor Shaughnessy opened the floor for a public hearing. Since no one
spoke for or against the matter, the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
C. Action on a Request Filed Rev. Marvin Nash, Pastor of the New
Friendship Missionary Baptist Church, that the City Waive all
or Part of a Lien in the Amount of $4,686.50 Against Property
Described as Part of Government Lot 3, as Recorded in Deed
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June 14, 1999
Book 1053, Page 235, RE #172060-0000 (City Manager)
Motion: Waive the $1,536.50 late charges and work the
remaining $3,090.00 into a payment plan for the New
Friendship Baptist Church.
Reverend Marvin Nash, Pastor of the Church located at 28 Dudley Street,
stated he was new to the church, and explained the community service work
provided by the church. He stated the church wished to be visible and make
a difference in the community. He stated the church had paid all of the
back taxes due on the property and a waiver of the entire amount would
help the church toward its goals.
Commissioner Borno pointed out a discrepancy between the figures in the
lien letter and staff report and stated an additional $10.00 in late charges
should be waived.
Amendment to the motion: Add an additional $10.00 to the
amount of late charges to be forgiven.
There being no further discussion, the amendment to the motion and the
main motion carried unanimously.
D. Approve Change Order in the Lifeguard Building Construction
in the Amount of $1,663.00 (City Manager)
1Vlotion: Approve Change Order in the lifeguard building
construction in the amount of 51,663.00 for a marine hatch
door.
There was no discussion and the motion carried unanimously.
E. Authorize the Mayor to Execute an Agreement for
Comprehensive Plan Evaluation and Appraisal Report Update
(City Manager)
Motion: Authorize the Mayor to execute an agreement for the
Comprehensive Plan Evaluation and Appraisal Report Update.
Mayor Shaughnessy requested that the Commissioners and Chair of the
Community Development Board receive a copy of the Comprehensive Plan.
There were no further comments and the motion carried unanimously.
F. Authorize the City Manager to Establish a Full Time Park
Attendant Position Within the Parks and Recreation
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June 14, 1999
Department (City Manager)
Motion: Authorize the City Manager to establish.a fuI1 time
Parlc Attendant position within the Parks and Recreation
Department as recommended.
Commissioner Borno inquired regarding the suggested starting pay. City
Manager Thompson stated the rate suggested in his staff report was the
lowest rate for a maintenance position and could be adjusted upward.
Commissioner Borno felt the rate was too low.
Discussion ensued concerning the duties of a Park Attendant. City
Manager Thompson stated he wanted to go ahead and fill the Park
Attendant position since volunteers from Jacksonville University, the
University of North Florida, and local service clubs had already expressed
a willingness to conduct tours and ecological programs for Tresca and
Dutton Island Parks and he wanted to have someone on staff who would do
maintenance and work with the volunteers.
Amendment to the motion: Allow the City Manager to to up to
525,000.00 as starting pay for the Park Attendant position,
which is included in the budget.
Commissioner Beaver inquired if a vehicle would be provided for the
position. City Manager Thompson stated that it would be addressed during
the upcoming budget process.
Commissioner Borno confirmed the position would be for a Park
Attendant, not a Park Ranger.
There being no further discussion, the amendment to the motion and the
main motion carried unanimously.
G. Discussion and Related Action Retarding the Ownership of
1Lasemcnt for the Sea Gardens Lift Station (Commissioner
Mitchelson)
Commissioner Mitchelson stated that during the last meeting he had
requested clarification of ownership of the easement where the Sea
Gardens lift station is located and inquired as to the status of his request.
City Attorney Jensen explained that a conflict between the city's 9-10 year
old survey and the recent survey for Russell Jones, a resident of Sea
Gardens Condominiums, was found during title work. It was brought to
Ivlr. Jones' attention that part of the property he apparently owned was
occupied by part of the city's lift station. Mr. Jensen further explained that
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June 14, 1999
he had obtained a copy of the city's survey and was going back to the
original surveyor to confirm whether a mistake had been made.
Mr. Jensen stated he was in the process of verifying that the information
provided by the current surveyor is accurate. If it is accurate, the original
surveyor has offered to convey that part of the property occupied by the lift
station to the city through reimbursement of Mr. Jones' expenses.
9. City Manager Reports and/or Correspondence:
City Manager Thompson:
City Manager Search
City Manager Thompson reported that Mr. Slavin had narrolved the field to
seven candidates for the position of City Manager for Commission
consideration, and had completed telephone interviews, but no face-to-face
interviews with the applicants. City Manager Thompson stated that Mr.
Slavin had suggested interviewing all seven applicants on either July 10th
or 17th and requested Commission guidance as to the next step in the
interview process.
After a discussion of the proposed interviewing process, it was the
consensus of the Commission to proceed as follows:
1. Mr. Slavin to report to the Commission and provide the results of
his telephone interviews and background checks of the applicants.
2. Mr. Slavin to narrow the field to a minimum of three and a
maximum of five candidates.
3. Spouses and family of the top candidates will be brought to Atlantic
Beach.
4. There will be no public reception for the top applicants.
5. The top candidates will be interviewed one-on-one by each
Commissioner and then in a group interview by the entire
Commission. Mr. Slavin is to be present during the group
interview.
6. The City Manager Selection Committee members may sit in on the
group interview, but may not participate in the selection.
Mayor Shaughnessy indicated that when the candidates have been reduced
to the final three, she would like to send a delegation from the city to their
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respective cities to interview the local residents.
Sewer Connection Letters:
City Manager Thompson reported that the city code concerning the sewer
connection requirements contained wording that the city may commence
billing procedures for the sewer service within ninety days from the date
of notification that sewer service is available, whether or not connection
has been made. He then requested Commission direction as to when to
begin the billing procedure.
A brief discussion ensued concerning the connection requirements set forth
in the city code. It was the consensus of the Commission to begin billing
for sewer service after the 90 day period.
City Manager Schedule
City Manager Thompson reported that he would be out of town June 20-24
and June 27-30 and in his absence Finance Director VanLiere would handle
emergencies.
Milla ;e Rate
City Manager Thompson reported that the millage rate would have to be set
in the near future and indicated he would provide millage information to
the Commission before the next meeting.
Jacksonville to Provide Water to Hanna Park
City Manager Thompson indicated that Public Works Director Kosoy,
Assistant Public Works Director Kaluzniak and he had received
information from the City of Jacksonville indicating that they planned to
provide water to Hanna Park, one of the city's largest customers, and were
also planning to install a sewer line during the Atlantic Boulevard
improvements to tie into their lift station.
City Manager Thompson expressed concern for the impact this would have
on the city's customer/revenue base. City Manager Thompson felt the
Commission should be aware of the situation, and stated that he and City
Attorney Jensen would aggressively research this matter for resolution.
Lot 316 Saltair Subdivision
City Manager Thompson reported that the city received an offer to
purchase Lot 316 in Saltair Subdivision. It was agreed if any Commissioner
wished to pursue this matter further, they should let the City Manager know.
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Y0. Reports and/or Requests From City Commissioners and Ciiy
Attorney
Mayor Shaughnessy
• Inquired concerning the next step with R-A-M. City Manager
Thompson responded that the city was waiting for their response
and options to items discussed on June 8, 1999.
• Stated she would like to meet with the City Manager, Early Piety,
the arborist recommended by Commissioner Beaver, and
Commissioners Beaver and Borno, to discuss proper care of the
trees affected by the drainage project. City Manager Thompson
indicated he would arrange the meeting.
• Suggested that some sewer projects could be identified and the city
could proceed with those projects in order to comply with the
current Consent Order. City Manager Thompson indicated the work
must be permitted as an entire project, not just sewer.
• Felt the lines of communication should be kept open with the
Department of Environmental Protection (DEP), and stated she
would like to keep them informed concerning possible extension of
the Consent Order.
• Inquired as to the amount of time spent on assessments and lien
letters in the City Clerk's Off ce. City Clerk King responded that
25% of the time was spent on those items.
Commissioner Beaver
• Commented on the new lifeguard building door, which is a ship's
hatch, and felt it would withstand significant storms.
• Inquired concerning the dedication of the new lifeguard building
and City Manager Thompson indicated the city anticipated a July
4th dedication, and stated that Cindy Corey, Rene Schiegg and
Susan Dunham were coordinating the landscaping and public
shower to be located at the street end.
• Commented that he would like to see the dead Lantana plants
removed from the medians on Atlantic Boulevard and replaced as
soon as possible with Lantana plants;
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There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 9:40 p.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal CIerk
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Stated he would assist in anyway possible in obtaining the plants
and getting the medians replanted;
Suggested the city look at the specifications written for median
maintenance by the City of Jacksonville $each. Mayor Shaughnessy
reminded the Commissioners that the City of Neptune Beach agreed
to share the maintenance costs.
Commissioner Beaver suggested that one contractor do all of the
median maintenance, spraying, fertilization, and palm tree
trimming (with very specific specifications).
Commissioner Borno
• Requested that the city collect special needs data in case of a
hurricane. City Manager Thompson indicated the city already had
the data but would need to work with the City of Jacksonville since
they are now providing fire services.
• Inquired regarding the status of the zoning overlays for the city map.
City Manager Thompson indicated staff was working on the
request.
Commissioner Mitchelson
• Inquired concerning a survey of handicapped accessible sidewalks.
City Manager Thompson indicated that Chief Campbell was
working on this and the DOT will be making the curb cuts on
Atlantic Boulevard in the near future, and curb cuts tivill also be
included in Town Center.
Mayor Shaughnessy
• Requested that the french drains at the beach be closed since the city
will not receive further beach renourishment while they are open.
• Submitted a letter from Town Center concerning utility
coordination. Mayor Shaughnessy gave a set of Town Center plans
to the City Manager and stated they hoped to have the bids let by
June 17, 1999.
• Inquired if elected officials should attend Water Supply meetings.
City Manager Thompson indicated that it was not necessary since
Assistant Public Works Director Kaluzniak attended the meetings.
• Gave the City Manager a letter she had received concerning a
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religious symbol displayed in Howell Park.
• Submitted information from the Florida Forever Act signed by
Governor Bush and commented on the disbursement of funds. The
Mayor requested that the first page of the document be copied for
the Commissioners.
• Updated the Commissioners on the Pic `N Save Building, and
reported that the realtor representing Coalition Partnership indicated
they had received sales offers and two lease offers .
• Submitted a Department of Community Affairs booklet to the office
of the City Clerk and stated she would like to have it returned at
the end of the week.
• Displayed her packet ~ from a recent Metropolitan Planning
Organization (MPO) meeting, at which time the Transportation
Improvement Program for FY1999/2000 -2004 was approved.
Mayor Shaughnessy indicated the flyover was included in the
program, and the meeting provided her a last chance to state the
city's opposition to its inclusion. Mayor Shaughnessy commented
that her research indicated the JTA/DOT could do pretty much what
they liked in any municipality, as long as the project is consistent
with the city's Comprehensive Plan, but she found that the JTA was
not in compliance with either the City of Atlantic Beach or the City
of Neptune Beach Comprehensive Plans and City Attorney Jensen
had presented the city's case before the MPO.
Although the Transportation Improvement Program was approved,
Mayor Shaughnessy stated the matter was now in flux because the
MPO passed a resolution which stated they had reviewed all of the
projects and they were in compliance with the Comprehensive Plans.
It was reported that the matter was placed on the next MPO agenda
for review.
Mayor Shaughnessy distributed copies of the F .S. 348, concerning
Expressway and Bridge Authorities and referenced Sections 3 and
6 and requested that copies of the statute be sent to John DeVault.
A copy of the statute is attached and made part of this official record
as Attachment C.
City Attorney Jensen advised that a legal opinion had been requested
by the MPO from the City of Jacksonville General Counsel as to
whether the flyover was consistent with the Comprehensive Plans
of Atlantic Beach and Neptune Beach.
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ATTACHMENT A ~_
.JUNE 14, 1999 COMMISSION MEETING
ALAN C. JII' NS]EC+1
Attornep at Law
935 North Zbird Street
Post Office Boz 50457
Jacksonville Beach, Florida 321s10-0457
~s]ephone (904) ?fib-2500
Tune 14, 1999
Chief David E. Thompson
Acting City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Johnston, et al, vs. City of Atlantic Beach
Dear Chief Thompson:
Facsimile (904) ?h6-9960
You may recall that the attorney for the Johnstons and C.B. Universal filed a Petition For Writ
of Certiorari in the First District Court of Appeal. This was basically an appeal of the Order
entered by judge Skinner on July 9, 1998, which granted the City's Motion to Dismiss the action
against it in the circuit court and denied the request by Johnston and C.B. Universal that the
matter be stayed, that is, the City not proceed with its zoning of Johnston Island.
I received today an Opinion from the First District Court of Appeal which denies the Petition
For Writ of Certiorari and a copy is enclosed. This Opinion upholds the ruling of Judge Skinner
at the circuit court level, which ruling was in favor of the City.
Hopefully, this matter is now concluded and no further action will be taken. If you have any
questions or if I can provide additional information or assistance, please do not hesitate to
contact me.
Ve;y truly yours,
ALAN
Enclosure
ACJ/sky
cc: Mayor and City Commissioners (wlent)
Maureen King, City Clerk (wlenc)
George Worley II, City Planner (wlenc)
WILLIAM H. JOHNSTON, LAURA
JOHNSTON PERKINS, individually,
and as ~ Trustee of the Ruth
Agnes Stevenson Johnston Trust
and C.B..UNIVERSAL, INC., a
Florida corporation,
Petitioners,
v.
CITY OF ATLANTT.C BEACH,
Respondent.
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DEPOSITION THEREOF IF FILED
CASE N0. 98-2933
Opinion filed June 11, 1999.
PETITION FOR WRIT OF CERTIORARI - Original Jurisdiction:
Paul M. Harden, Jacksonville, for Petitioners.
James C. Rinaman, Jr. and Alan Jensen of Marks, Gray, Conroy &
Gibbs, P.A., Jacksonville, for Respondent.
PER CURIAM.
DENIED.
WOLF, KAHN and PADOVANO, JJ., CONCUR.
~~" RECEIVED JUN ~ ~ 1999
® ~
• _ ATTACHMENT B _
June 14, 1999 JUNE 14, 1999 COMMISSION MEETING
T0: FELLOW COMMISSIONERS
FROM: THEO MITCHELSON
RE: RECOMMENDED WORDING FOR MULTIPLE OFFENDER STATUS
1)First Offense: (the current offense is a "first" offense if there have
been no other citations in the preceding 36 months)...Twenty-five dollars
($25.00); if not paid within 14 days, fine does to.$50.00: if not paid
within 30 days, a Code Enforcement hearing is required which could result
in fines up to $250.00 per day.
2)Second Offense: (the current offense is a second offense if there has
been only one previous citation within the ppreceding 36 months)...One hun-
dred dollars ($100.00); if not paid within 14 days, fine goes to X150.00;
if not paid within 30 days, a Code Enforcement hearing is required which
could result in fines of up to $250.00 per day.
3)Third and Subsequent Offenses: (the current offense is a.third or
subsequent offense if there have been two or more previous citations
_ within the preceding 36 months)...Mandatory appearance before the Code
Enforcement Board
4)Anyone cited with a violation of this article who pa s the required
fines and then goes three (3) years with no offenses shall return to the
status of having no prior offenses for the purposes of this section.
ATTACHMENT C
JUNE 14, 1999 COMMISSION MEETING
Ch. 348
Y AND
(1) To do all acts and things necessary or conve-
nient for the conduct of its business and the general
welfare of the authority in order to carry out the powers
granted to it by law.
(3) Any provision of law to the contrary notwith-
standing, the consent of any municipality is not neces-
sary for any project of an existing or new authority,
whether or not the project lies in whole or in part within
the boundaries of the municipality, if the project is
consistent with the locally adopted comprehensive
plan. However, if a project is inconsistent with the
affected municipal comprehensive plan, the project
may not proceed without a hearing pursuant to ss.
120.569 and 120.57, at which it is determined chat the
project is consistent with the adopted metropolitan
planning organization transportation improvement
plan, if any, and the applicable strategic regional plan,
and at which regional interests are determined to
clearly override the interests of the municipality.
(4) The use or pledge of all or any portion of county
gasoline tax funds may not be made wiihout the prior
express written consent of the board of county commis-
sioners of each county located within the geographic
boundaries of the authority.
(5) Any authority formed pursuant to this act shall
comply with all statutory requirements of general appli-
cation which relate to the filing of any report or docu-
mentation required by law, including the requirements
of ss. 189.4085, 189.415, 189.417, and 189.418.
(6) Notwithstanding subsection (3) or any other
provision of law to the contrary, in any county as
defined in s. 125.011(1), no expressway authority shall
undertake any construction that is not consistent with
both the metropolitan planning organization's transpor-
tation improvement program and the county's compre-
hensive plan.
(7) In any county as defined in s. 125.011(1), an
expressway authority may finance or refinance the
planning, design, acquisition, construction, extension,
rehabilitation, equipping, preservation, maintenance,
or improvement of a public transportation facility or
transportation facilities owned or operated by such
county, an intermodal facility or facilities, multimodal
corridor or corridors, including, but not limited to, bicy-
cle facilities or greenways that will improve transporta-
tionservices within the county, or any programs or proj-
ects that will improve the levels of service on an
expressway system, subject to approval of the govern-
ing body of such county after public hearing.
(8) The governing body of the county may enter
into an interlocal agreement with an authority pursuant
to chapter 163, for the joint performance or perform-
ance by either governmental entity of any corporate
function of the county or authority necessary or appro-
priate to enable the authority to fulfill the powers and
purposes of this part and promote the efficient and
effective transportation of persons and goods in such
county.
History.-s. 25, ch. 90.136; s. 148, eh. 92.152; s. 56, ch. 94.237; s. 9, ch.
95.149; s. 88, ch. 96.410; s. 27, ch. 97.280.
348.0005 Bonds.-
(1) Bonds may be issued on behalf of an authority
(2)(a) An authority in any county as defined
125.011(1), may issue bonds pursuant to this
which do not pledge the full faith and credit of the'
in such principal amount as, in the opinion _a
authority, is necessary to provide sufficient monej
achieving its corporate purposes. :.
(b) The bonds of an authority in any coon;
defined in s. 125.011(1), issued pursuant to the f
sions of this part, whether on original issuarti
refunding, must be authorized by resolution
authority, after approval of the issuance of the boe~
a public hearing, and may be either term or.y
bonds, shall bear such date or dates, mature a> j
time or times, bear interest at such rate or ratty
payable semiannually, be in such denominatiort~"~
such form, either coupon or fully registered, shatf
such registration, exchangeability and interchari
ity privileges, be payable in such medium of p>~
and at such place or places, be subject to such -
of redemption and be entitled to such priorilitts -
revenues, rates, fees, rentals, or other c
receipts of the authority including any county
tax funds received by an authority pursuant to ~
of any interlocal orlease-purchase agreement ~~
an authority, the department, or a county, as ...
lotion or any resolution subsequent thereto
vide. The bonds must be executed by such
the authority determines under the reouir
279.06. - 'r~
(c) Said bonds shall be sold by the au
lic sale by competitive bid. However, it lhe`-
after receipt of a written recommendation frGea~
cial adviser, shall determine by official aciiai,
lic hearing by atwo-thirds vote of all voting.,: ,
the authority that a negotiated sale of the .
best interest of the authority, the authority
ate for sale of the bonds with the undenYrim[ ,
writers designated by the authority and 1111#
which the authority exists. The authon'ty,-,.,
specific findings in a resolution as to the .
ing the negotiated sale, which resolution,_:,.
rate and have attached thereto the wn'dU1
dation of the financial adviser required bya
(d) Any such resolution or resoluiioRf.
any bonds hereunder which do not pl
and credit of the state may contain p ~.
part of the contract with the holders o(tf10 .-
authority determines proper. In add;tioRi.
may enter into trust indentures or _
with its fiscal agent, or with any bank of -
within or without the state, as security-,:
and may, under the agreements, ass~9!t
revenues, rates, fees, rentals, tolls, a.
receipts of an authority, including ~!•
tax funds received by an authoriry•'~y
(e) Any of the bonds issued
are negotiable instruments and
and incidents of negotiable inst ^..
merchant and the negotiable I _
state. ""-~~
(f) Notwithstanding any of tha~