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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. V V O O T T E E S S M S O E T C I O Y O N E N COMMISSIONERS N D S O BEAVER X BORNO X MITCHELSON X X SHAUGHNESSY X X Minutes Page -2- 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 OMMISSIONERS M O T T O N S E C O N D Y E S N O Minutes Page -3- 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: OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MITCHELSON X SHAUGHNESSY X X Minutes Page -4- 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X X riITCHELSON X X SHAUGHNESSY X Minutes Page -5- 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X MITCHELSON X X SHAUGHNESSY X X Minutes Page -6- 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X X MITCHELSON X X SHAUGHNESSY X Minutes Page -7- 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X MITCHELSON X X SHAUGHNESSY X X BEAVER X X BORNO X MITCHELSON X X SHAUGHNESSY X BEAVER X X BORNO X X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X X MITCHELSON X SHAUGHNESSY X X Minutes Page -8- 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MITCHELSON X X SHAUGHNESSY X BEAVER X BORNO X X MITCHELSON X X SHAUGHNESSY X Minutes Page -9- 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -10- June 14, 1999 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. OMNIISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -11- June 14, 1999 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; OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -14- June 14, 1999 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -12- June 14, 1999 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 OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -13- June 14, 1999 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. OMMISSIONERS M O T I O N S E C O N D Y E S N O 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~