10-13-97 v CITY OF ATLANTIC BEACH
' COMMISSION MEETING - October 13, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of September 22, 1997
2. Recognition of Visitors:
3. Unfinished Business:
A. Authorize City Manager to execute a contract with the Genesis Group to produce construction
drawings for the Bull Park renovations and carry project through to completion - City
Manager
B. Discussion and possible action on request to execute an Indemnification Agreement between
Pulte Home Corporation and the City of Atlantic Beach,with reference to property described
as Lots 4 and 5, Block 197, Section H, Atlantic Beach- City Attorney
C. Authorize the disbursement of$257,500 (the city's portion of the matching funds) for the
purchase of Dutton Island - Mayor Fletcher
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building Department, Code Enforcement,
and Recreation Department - Department Heads
5. Action on Resolutions:
A. Resolution No. 97-36
A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING MORT
HANSON SEA TURTLE PATROL COORDINATOR, DUVAL COUNTY -
Commissioner Shaughnessy
B. Resolution No. 97-3 7
A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING CITY
GOVERNMENT WEEK, OCTOBER 19-25, 1997, AND ENCOURAGING ALL
CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING
ACTIVITIES - Florida League of Cities
C. Resolution No. 97-3 8
A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING BILL
POSCH, JUSTIN RODENKIRCH, AND SCOTT SECKINGER- Mayor Fletcher
6. Action on Ordinances:
A. Ordinance No 80-97-60 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA,AMENDING
CHAPTER 22, UTILITIES,ARTICLE II, WATERWORKS SYSTEM, SEC. 22-27,
CHARGES FOR WATER SERVICE, SUBSECTION (2), CUSTOMERS OUTSIDE
THE CITY, AND ARTICLE III, WASTEWATER SYSTEM, DIVISION 7, SEWER
USER RATES AND CHARGES,SEC.22-166,ESTABLISHMENT OF A MONTHLY
BASE CHARGE,SUBSECTION(B),CUSTOMERS OUTSIDE THE CITY,AND SEC.
22-167,SCHEDULE OF WASTEWATER VOLUME CHARGES,SUBSECTION(B),
CUSTOMERS OUTSIDE THE CITY, TO EXEMPT FEDERAL, STATE AND
LOCAL GOVERNMENTAL SUBDIVISIONS AND AGENCIES FROM PAYING
OUTSIDE RATES, AND PROVIDING AN EFFECTIVE DATE. - Commissioner
Meserve
7. New Business:
A. Appointment of committee to review and make recommendations regarding drainage in
Howell Park and authorize contract modification for England, Thims and Miller to do
additional permit work- Mayor Fletcher
B. Award contract to Gruhn-May for Point Repairs in accordance with the specifications of Bid
No. 9697-29, and authorize the City Manager to execute contract documents - City Manager
C. Board Appointments - Mayor Fletcher
Code Enforcement Board - two vacancies (3-year term)
Recreation Advisory Board - two vacancies (4-year term)
Tree Conservation Board - one vacancy (Partial term expires 1-31-99)
D. Authorize Connelly and Wicker to complete the design with additional utility work on Levy
Road for a cost not to exceed$4,200.00 and authorize the City Manager to execute contract
documents - City Manager
E. Authorize restructuring or privatization of equipment/vehicle maintenance - City Manager
F. Authorize lease of copier under State Contract for north end of City Hall - City Manager
G. Award contract to The Crom Corporation for handrails on water tanks at Treatment Plant No.
3, in accordance with the specifications of Bid No. 9697-27 and authorize the City Manager
to execute contract documents - City Manager
H. Reject all bids under Bid No. 9697 for annual contract for the purchase of polymer and
authorize rebidding the same - City Manager
I. Award contract to Blankenship and Associates, Inc. For an automatic standby sewage
pumping system, in accordance with the specifications of Bid No. 9697-31 and authorize the
City Manager to execute contract documents - City Manager
J. Reject all bids under Bid No. 9697-32 for rehab of two occupied houses at 65 Edgar Street
and 370 Dudley Street and authorize rebidding the same - City Manager
K. Award contract for sidewalk construction on Francis Avenue in accordance with the
specifications of Bid No. 9607-33 and authorize the City Manager to execute contract
documents - City Manager
L. Authorize the City Manager to execute a contract with the Florida Inland Navigation District
(FIND)indicating funding of$153,697.00 for Tresca property improvements -City Manager
M. Approve conceptual plan for holiday decorations for city buildings as approved by the
Beautification Committee - City Manager
N. Discussion and possible action regarding funding for underground electrical service in Core
City - Mayor Fletcher
0. Ratify contract between the City and International Association of Fire Fighters,and authorize
the City Manager to execute the contract- City Manager
8. City Manager Reports and/or Correspondence:
A. Hello - Good-bye and Thank You Party
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
Adj ournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the
appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City
Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday,
October 10, 1997.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T T
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE E E
ROAD, AT 7:15 PM ON MONDAY, OCTOBER 13, 1997 S S
PRESENT: Lyman Fletcher, Mayor
Mike Borno
John Meserve
Steve Rosenbloom
Suzanne Shaughnessy, Commissioners
AND: Jim Jarboe, City Manager M S
Maureen King, City Clerk O E
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Alan C. Jensen, City Attorney I O Y
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The meeting was called to order at 7:15 p.m. by Mayor Fletcher. The
invocation was offered by Commissioner Shaughnessy followed by The
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
September 22, 1997. BORNO X X
MESERVE X
Motion: Approve minutes of the Regular Meeting held ROSENBLOOM X
September 22, 1997. SHAUGHNESSY X X
FLETCHER X
The motion carried unanimously.
2. Recognition of Visitors:
J.P. Marchioli of 414 Sherry Drive suggested the Commission consider
installing three 4' pipes instead of the proposed two 6' pipes in Howell
Park in order to save trees.
Item 5 A was taken out of sequence and acted on at this time.
A. Resolution No. 97-36
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
RECOGNIZING MORT HANSON SEA TURTLE PATROL
COORDINATOR, DUVAL COUNTY - Commissioner
Shaughnessy
BORNO X X
MESERVE X
Motion: Approve passage of Resolution No. 97-36. ROSENBLOOM X
SHAUGHNESSY X X
Mayor Fletcher read Resolution No. 97-36 in its entirety and presented Mr. FLETCHER X
and Mrs. Hanson with the framed document. Mayor Fletcher praised the
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Mortons for their many years of tireless effort in monitoring and protecting
sea turtle nests.
Mr. Morton thanked the Commission for their recognition and briefly
reported on this year's nesting season. Mr. Hanson indicated 75% of the
nests were located in environmentally friendly Atlantic Beach and 3,000
hatchlings were released this year.
There being no further comments, the motion carried unanimously.
Item 5C was also taken out of sequence and acted on at this time.
C. Resolution No. 97-38
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
RECOGNIZING BILL POSCH, JUSTIN RODENKIRCH,
AND SCOTT SECKINGER- Mayor Fletcher
BORNO X X
Motion: Approve passage of Resolution No. 97-38. MESERVE X X
ROSENBLOOM X
Mayor Fletcher read the resolution in its entirety and presented a framed SHAUGHNESSY x
resolution to each of the young men. Mayor Fletcher commended them for FLETCHER X
their heroism and quick thinking. Coby Seckinger, whose life was saved
was also introduced. It was pointed out that Justin Rodenkirch, who
administered Cardio Pulmonary Resuscitation at the scene, had learned the
skill from the Junior Lifeguard Program.
There being no further comments, the motion carried unanimously.
3. Unfinished Business:
A. Authorize City Manager to execute a contract with the Genesis
Group to produce construction drawings for the Bull Park
renovations and carry project through to completion - City
Manager
BORNO X
Motion: Authorize the City Manager to execute a contract with MESERVE x X
the Genesis Group to produce construction drawings for the ROSENBLOOM x x
Bull Park renovations and carry the project through to SHAUGHNESSY X
completion. FLETCHER X
There was no discussion and the motion carried unanimously.
B. Discussion and possible action on request to execute an
Indemnification Agreement between Pulte Home Corporation
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and the City of Atlantic Beach,with reference to property
described as Lots 4 and 5, Block 197, Section H, Atlantic Beach -
City Attorney
City Attorney Jensen confirmed that each member had received a revised
copy of the Indemnification Agreement (which is attached and made part
of this official record as Attachment A) and a financial statement of Pulte
Homes.
Mr. Stewart, Attorney for Pulte Homes, stated the only change from the
previous agreement submitted to the Commission was the addition of the
fifth provision stating the agreement would not be recorded in the current
public records of Duval County.
Motion: Authorize the City Manager to execute an BORNO X X
Indemnification Agreement between the City of Atlantic Beach MESERVE X X
and Pulte Homes on property described as Lots 4 and 5, Block ROSENBLOOM X
SHAUGHNESSY X
197, Section H, Atlantic Beach. FLETCHER
City Attorney Jensen pointed out the five year limit had been deleted from
this agreement and the City will have to depend on the reputation of the
company to honor it. It was pointed out the current homeowners have been
notified of the agreement.
A brief discussion ensued as to whether or not future homeowners should be
informed of the agreement and City Attorney Jensen advised that would not
be practical.
There was no further discussion and the motion carried unanimously.
C. Authorize the disbursement of$257,500 (the city's portion of the
matching funds) for the purchase of Dutton Island - Mayor
Fletcher
BORNO X
Motion: Authorize the disbursement of$257,500 for the MESERVE X
purchase of Dutton Island. ROSENBLOOM X
SHAUGHNESSY X X
FLETCHER X X
Mayor Fletcher informed the Commission the closing would take
place within the next two weeks on either the 20th or 27th of October.
There was no discussion and the motion carried unanimously.
Item 7 0 was taken out of sequence and acted on at this time.
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7.
O. Ratify contract between the City and International Association
of Fire Fighters, and authorize the City Manager to execute the
contract- City Manager
City Manager Jarboe advised the Commission the contract needed to
be amended to change Section 17-2 from one year to two years.
BORNO X X
Motion: Ratify contract as amended to include the MESERVE X X
following change in Section 17-2: change "one year" to ROSENBLOOM x
"twoyears" and authorize the CityManager to sign the SHAUGHNESSY X
gFLETCHER X
contract.
There was no discussion and the motion carried unanimously.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from the Building,
Code Enforcement, and Recreation Departments - Department
Heads
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
(Item 5 A was acted on under Item 2 Recognition of Visitors).
A. Resolution No. 97-36
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
RECOGNIZING MORT HANSON SEA TURTLE PATROL
COORDINATOR, DUVAL COUNTY - Commissioner
Shaughnessy
B. Resolution No. 97-37
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER
19-25, 1997, AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING
ACTIVITIES - Florida League of Cities
BORNO X X
Motion: Approve passage of Resolution No. 97-37 recognizing MESERVE X
October 19-25, 1997 as City Government Week in Atlantic ROSENBLOOM X
• Beach. SHAUGHNESSY X X
FLETCHER X
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Mayor Fletcher read the Resolution in its entirety and asked that the
Resolution be displayed in a prominent place at City Hall. There was no
discussion and the motion carried unanimously.
(Item 5 C was acted on under Item 2 Recognition of Visitors).
C. Resolution No. 97-38
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
RECOGNIZING BILL POSCH, JUSTIN RODENKIRCH,
AND SCOTT SECKINGER- Mayor Fletcher
6. Action on Ordinances:
A. Ordinance No 80-97-60 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, UTILITIES,
ARTICLE II, WATERWORKS SYSTEM, SEC. 22-27,
CHARGES FOR WATER SERVICE, SUBSECTION (2),
CUSTOMERS OUTSIDE THE CITY, AND ARTICLE III,
WASTEWATER SYSTEM, DIVISION 7, SEWER USER
RATES AND CHARGES, SEC. 22-166, ESTABLISHMENT
OF A MONTHLY BASE CHARGE, SUBSECTION (b),
CUSTOMERS OUTSIDE THE CITY, AND SEC. 22-167,
SCHEDULE OF WASTEWATER VOLUME CHARGES,
SUBSECTION (b), CUSTOMERS OUTSIDE THE CITY, TO
EXEMPT FEDERAL, STATE AND LOCAL
GOVERNMENTAL SUBDIVISIONS AND AGENCIES FROM
PAYING OUTSIDE RATES, AND PROVIDING AN
EFFECTIVE DATE. - Commissioner Meserve
BORNO X
Motion: Pass Ordinance No. 80-97-60 on first reading. MESERVE X
Mayor Fletcher read the ordinance by title only and stated the Final Reading
and Public Hearing would take place during the October 27, 1997
Commission Meeting.
Commissioner Meserve informed the Commissioners the ordinance would
allow governmental agencies outside of the city limits to receive City of
Atlantic Beach rates. The Navy Base is the largest user and the change will
also affect the Village of Mayport when service is completed in that area.
Commissioner Meserve stated that for clarification, the following
amendment to the ordinance was needed: Addition of the word
•"governmental" after the word local to read ..."local governmental
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subdivision or agency" ... in Sections 22-27, 22-166 and 22-167.
BORNO X X
Amended Motion: Pass Ordinance No. 80-97-60 on first reading ME SERVE X X
as amended to include the word "governmental" after the word ROSENBLOOM X
local to read ..."local governmental subdivision or agency"... in SHAUGHNESSY X
Sections 22-27, 22-166 and 22-167 of the ordinance. FLETCHER X
There being no further discussion, the amended motion carried
unanimously.
7. New Business:
A. Appointment of committee to review and make
recommendations regarding drainage in Howell Park and
authorize contract modification for England, Thims and Miller
to do additional permit work- Mayor Fletcher
Mayor Fletcher appointed the following people to the Committee to make
recommendations regarding drainage in Howell Park: Mike Borno, Cindy
Corey, John Laliberte, Susan Bullock, and Joe Posch.
It was reported meetings with any regulatory agencies would be delayed
until after the committee gets organized and begins its deliberations.
B. Award contract to Gruhn-May for Point Repairs in accordance
with the specifications of Bid No. 9697-29, and authorize the
City Manager to execute contract documents - City Manager
BORNO X
Motion: Award contract to Gruhn-May for point repairs in ME SERVE X X
accordance with the specifications of Bid No. 9697-29 and ROSENBLOOM X X
authorize the City Manager to execute the contract documents. SHAUGHNESSY X
FLETCHER X
There was no discussion and the motion carried unanimously.
C. Board Appointments - Mayor Fletcher
Code Enforcement Board - two vacancies (3-year term)
Mayor Fletcher nominated Robert Etheridge and James Pelkey for
appointment to the Code Enforcement Board. The appointments were
unanimously approved by the City Commission.
Recreation Advisory Board - two vacancies (4-year term)
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Mayor Fletcher nominated Scott Debuty to the Recreation Advisory Board
and stated he would make the second appointment during the October 27,
1997 Commission Meeting. The appointment of Mr. Debuty was
unanimously approved.
Tree Conservation Board - one vacancy (Partial term expires 1-31-99)
Mayor Fletcher deferred appointing a member to the Tree Board until the
October 27, 1997 Commission Meeting.
D. Authorize Connelly and Wicker to complete the design with
additional utility work on Levy Road for a cost not to exceed
$4,200.00 and authorize the City Manager to execute contract
documents - City Manager
BORNO X X
Motion: Authorize Connelly and Wicker to complete the design MESERVE X
ROSENBLOOM X
with additional utility work on Levy Road for a cost not to SHAUGHNESSY x X
exceed $4,200.00 and authorize the City Manager to execute the FLETCHER X
contract document.
There was no discussion and the motion carried unanimously.
E. Authorize restructuring or privatization of equipment/vehicle
maintenance - City Manager
Motion: Outsource equipment maintenance/repair to Ryder BORNO X
MESERVE X X
(Managed Logistic Systems, Inc.) to save a target amount of ROSENBLOOM X
$84,491.00 per year. SHAUGHNESSY X X
FLETCHER X
City Manager Jarboe introduced Earl Avery, National Sales Manager of
Ryder (Managed Logistic Systems, Inc.), who was present to answer any
questions.
Commissioner Shaughnessy asked if the agreement was revocable if it did
not work out.
Mr. Avery stated it was a one year contract with a ninety day cancellation
clause and performance bonds are built into the contact to protect the city.
All equipment remains the property of the city under the contract.
Commissioner Meserve believed it made good fiscal sense to enter into the
contract.
•Jack Baldwin, Union Representative of the Northeast Florida Public
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Employees Local 630, stated it was their position the contract had hidden
costs. He asked the Commissioners to consider giving the mechanics one
year to prove themselves.
Commissioner Rosenbloom inquired if the city staff had been given the
opportunity to be competitive and was told in the past they could not be
competitive because they were allowed to buy parts from only one place
and they could not price shop because the computer tracking system
requested had been deleted from the budget.
There being no further discussion, the motion carried by a three to two vote
with Mayor Fletcher and Commissioner Rosenbloom voting nay.
F. Authorize lease of copier under State Contract for north end of
City Hall - City Manager
BORNO X
MESERVE X X
Motion: Authorize lease of a Minolta EP 6000 copier under ROSENBLOOM X
State Contract for the north end of City Hall. SHAUGHNESSY X X
FLETCHER X
There was no discussion and the motion carried unanimously.
G. Award contract to The Crom Corporation for handrails on
water tanks at Treatment Plant No. 3, in accordance with the
specifications of Bid No. 9697-27 and authorize the City
Manager to execute contract documents - City Manager
Motion: Award contract to The Crom Corporation for BORNO X
MESERVE X
handrails on water tanks at Treatment Plant No. 3, in ROSENBLOOM X X
accordance with the specifications of Bid No. 9697-27 and SHAUGHNESSY X X
authorize the City Manager to execute the contract documents. FLETCHER X
There was no discussion and the motion carried unanimously.
H. Reject all bids under Bid No. 9697-30 for annual contract for the
purchase of polymer and authorize rebidding the same - City
Manager
BORNO X X
Motion: Reject all bids under Bid No. 9697-30 for annual MESERVE X X
ROSENBLOOM X
contract for the purchase of polymer and authorize rebidding SHAUGHNESSY X
the same. FLETCHER X
Stephen Kuti inquired as to the number of gallons and type of polymer used
by the City.
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Public Works Director Kosoy explained the use of the polymer. Assistant
to the Public Works Director Jacques explained the annual contract was
being rebid due to a wording discrepancy in the bid documents concerning
the amount of product contained within a 55 gallon drum.
City Manager Jarboe directed Mr. Kuti to stop by the Public Works
Department to obtain the specifications for the bids and have his questions
answered in detail.
Commissioner Shaughnessy inquired as to the number of bids received and
was told six bids were received.
There being no further discussion, the motion carried unanimously.
I. Award contract to Blankenship and Associates, Inc. for an
automatic standby sewage pumping system, in accordance with
the specifications of Bid No. 9697-31 and authorize the City
Manager to execute contract documents - City Manager
BORNO X X
Motion: Award contract to Blankenship and Associates, Inc. MESERVE X X
'for an automatic standby sewage pumping system in ROSENBLOOM X
accordance with the specifications of Bid No. 9697-31 and SHAUGHNESSY X
authorize the City Manager to execute the contract documents. FLETCHER X
There was no discussion and the motion carried unanimously.
J. Reject all bids under Bid No. 9697-32 for rehab of two occupied
houses at 65 Edgar Street and 370 Dudley Street and authorize
rebidding the same - City Manager
BORNO X X
Motion: Reject all bids under Bid No. 9697-32 for rehab of two MESERVE X
occupied houses at 65 Edgar Street and 370 Dudley Street and ROSENBLOOM X X
authorize rebidding the same. SHAUGHNESSY X
FLETCHER x
There was no discussion and the motion carried unanimously.
K. Award contract for sidewalk construction on Francis Avenue in
accordance with the specifications of Bid No. 9607-33 and
authorize the City Manager to execute contract documents -
City Manager
BORNO X X
MESERVE X
Motion: Award contract for sidewalk construction on Francis ROSENBLOOM x X
Avenue in accordance with the specifications of Bid No. 9607-33 SHAUGHNESSY X
and authorize the City Manager to execute contract documents. FLETCHER X
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There was no discussion and the motion carried unanimously.
L. Authorize the City Manager to execute a contract with the
Florida Inland Navigation District (FIND) indicating funding of
$153,697.00 for Tresca property improvements - City Manager
BORNO X
Motion: Authorize the City Manager to execute a contract with MESERVE X X
the Florida Inland Navigation District (FIND) indicating ROSENBLOOM X
funding of $153,697.00 for Tresca property improvements. SHAUGHNESSY X X
FLETCHER
There was no discussion and the motion carried unanimously.
M. Approve conceptual plan for holiday decorations for city
buildings as approved by the Beautification Committee - City
Manager
BORNO X
•
Motion: Approve holiday decorations for city buildings as MESERVE X
ROSENBLOOMapproved bythe Beautification Committee. SHAUGHNESS X X
pp SHAUGHNESSY X X
FLETCHER X
Commissioner Borno inquired if the City already had lights and was told the
old, existing lighted decorations would cost $600.00 to refurbish. The new
decorations would consist of outlining the city buildings in small white
lights at a cost of approximately $1,800.00.
There being no further discussion, the motion carried unanimously.
N. Discussion and possible action regarding funding for
underground electrical service in Core City - Mayor Fletcher
It was announced that effective today, Jacksonville Electric Authority (JEA)
had changed its policy concerning installation of underground electrical
service and would now pay all costs associated with the installation, except
the cost for connecting the homes to the line, which is the responsibility of
the homeowner. The soft costs the City will have to pay were estimated to
be $50,000.00. It was further reported JEA would install at no cost to
homeowners who chose not to pay the fee to connect to the underground
service.
Mayor Fletcher then recounted the benefits of underground wiring and how
the project would coordinate with the Core City Project.
Motion: Commit to the underground electrical service project, MESERVE x
FLETCHER X
if feasible, to be installed in conjunction with the core city
infrastructure/drainage project.
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Commissioner Meserve commented that many citizens would not want to
pay the fee to connect and would stay with the poles and questioned the
number of poles that would exist, defeating the purpose of the underground
service.
Commissioner Rosenbloom expressed concern the city would be setting a
precedent by having underground service installed in the core city area. He
also expressed concern for giving homeowners the option to hook up to the
system and felt this could cause future problems.
Commissioner Borno indicated JEA was going to install the underground
service sometime in the near future and would have paid the costs. He
further stated the City was not setting a precedent by coordinating the two
projects to lessen the inconvenience to the homeowners in the area and
save having the street torn up twice. Mr. Borno pointed out this discussion
.would become a moot point, if the core city project is never completed.
not
Curtis Sanders of 2320 Barefoot Trace stated he was%opposed to the
installation of underground electrical service, but was opposed to the AMENDED
cost of such installation being spread out to all the citizens. 10/27/97
It was suggested the residents of the area be polled to see if they were
receptive to the underground service.
Alan Potter of 374 Second Street commented the JEA was replacing its own
distribution system and questioned the payment of$50,000.00 in soft costs.
J.P. Marchioli of 414 Sherry Drive felt the City should take a survey to see
who favors the service. He also suggested taking bids from electric
companies for connecting to the service to allow the homeowners to take
advantage of the lower rate. Mayor Fletcher felt this was a good
suggestion.
Commissioner Shaughnessy repeated the benefits of the underground
system and stated she was told by JEA it would cost $700.00 to $1,500.00
to connect to the service. Commissioner Shaughnessy believed it defeated
the purpose of underground wiring if poles were allowed and the City would
have to work with those who could not afford the connect fee.
Commissioner Rosenbloom agreed the underground wiring should be done
and stated the Commission needed to move forward and make the difficult
decision. BORNO X X
MESERVE X
Substitute Motion: Defer action on the first motion until the ROSENBLOOM X
SHAUG
October 27, 1997 Commission Meeting. LETC
FHNESSY X X
LETCHER X
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There was no further discussion and the substitute motion carried
unanimously.
Item 7-0 was acted on under Item 2 Recognition of Visitors.
O. Ratify contract between the City and International Association
of Fire Fighters, and authorize the City Manager to execute the
contract- City Manager
8. City Manager Reports and/or Correspondence:
A. Hello - Good-bye and Thank You Party
It was reported some citizens wanted to have the party to get everyone
together after the election. Additional information will be provided later.
B. Animal Control Logs
Copies of a portion of the Animal Control Officer's Daily Log were
distributed to each Commissioner indicating the type and number of calls
handled by the department.
C. Emergency Repair to 14" Air Line to Atlantic Beach
Wastewater Treatment Plant No. 1
BRNOX
Motion: Approve emergency repair to the 14" air line to MESERVE X X
Atlantic Beach Wastewater Treatment Plant No. 1 in the ROSENBLOOM X X
amount of$14,510.83 as itemized in the memo dated October 13, SHAUGHNESSY X
1997 from Public Works Director Kosoy which is attached and FLETCHER X
made part of this official record as Attachment B.
Public Works Director Kosoy briefly explained the purpose of the air line in
treatment of sludge.
There was no discussion and the motion carried unanimously.
D. Selva Marina Median Strip Beautification Project
It was reported the citizens of the Selva Marina area had requested the City
provide water to the median strip in the subdivision so they can landscape
the area. The cost will be approximately $2,000.00.
Mayor Fletcher inquired as to what they did with money previously given to
'them for beautification and City Manager Jarboe reported the entrance to the
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subdivision was improved and trees trimmed.
9. Reports and/or requests from City Commissioners, City
Attorney and City Clerk
Commissioner Rosenbloom reported he would probably be in New
York on November 4, 1997 and would miss the installation of the new
Mayor and Commissioners. He stated he would try to change the
travel date if possible.
Commissioner Meserve stated he had attended a Waterfronts Florida
Conference in Tampa and reported Daphne Schmidt would be
working on the Mayport Waterfront Partnership Program full time for
the next three years.
Mayor Fletcher thanked the Hansons for their work with the sea
turtles, and Commissioner Meserve and City Manager Jarboe for their
work to bring the Waterfronts program to fruition.
Mayor Fletcher reminded everyone of the Brickfest at Town Center
this weekend.
There being no further discussion or business to come before the
Commission, the meeting adjourned at 9:05 PM.
Lyman F etcher
Mayor/Presiding Officer
ATTEST:
1 l 4N-
Maur n King, CM
City Clerk
ATTACHMENT A _
` 1 OCTOBER 13, 1997 COMMISSION MEETING
_,-f"- • CITY OF / a /J ' 1
I
1�' > 'ti°ct.�tc'c &az% - 96,411,1
''..4,# 800 SEMINOLE ROAD
- — -- ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
fin. .,4 FAX(904)247-5805
SUNCOM 852-5800
October 8, 1997
Memorandum to:
The Honorable Mayor
and Members of the City Commission
City of Atlantic Beach
Subject: Pulte Home Corporation
City Commission Members:
I have received from Alan Jensen, City Attorney, an Indemnification Agreement for Pulte
Home Corporation, copy attached. This is in reference to two homes that do not meet the
Section H grading plan (drainage). Pulte Homes is asking the Commission to allow
approval of the Certificate of Occupancy based on their willingness to provide the City
with an Indemnification Agreement. Their concern is that if language is put into the title,
as has been previously discussed, that they will not be able to have a title company or an
insurance company endorse the homes so that they can be sold. Alan Jensen has worked
on this with Pule Homes and is familiar with the issues, and suggested that we provide
the Indemnification Agreement for your consideration.
Respectfully submitted,
/(2J
J s R. Jarboe
Ci Manager
JRJ:tl
804 P01 OCT 08' 97 14: 03
INDEMNIFICATION A =RF,V%NT
Agreement made and entered into this . day of_ , 1997, by and
between PULTE HOME CORPORATION,a Michigan corporation, 808I Philips Highway,
Suite 14,Jacksonville, Florida 32256 ("PULTE"),and CITY OF ATLANTIC BEACH, a
Florida municipal corporation, 800 Seminole Road,Atlantic Beach, Florida 32233 ("CITY").
WHEREAS, PULTE is the owner of certain real property with houses constructed
thereon located at Stock Street and _Stock Street, Atlantic Beach,
Florida 32233, more particularly described as follows:
Lots 4 and 5,Block 197, SECTION"H", ATLANTIC BEACH,
according to the plot thereof as recorded in Plat Book 18, pages 34,
of the current public records of Duval County, Florida; and
WHEREAS, PULTE constructed both of the above-described houses below the required
finished floor elevations and both properties are also below the required lot drainage elevations,
as required by the Master Drainage Plan of the CITY,and after the CITY had included with the
approved set of plans for each house a lot drainage plan showing the required elevations for each
Iot and the finished floor elevation;and
WHEREAS,due to the considerable expense which would be involved in raising the
finished floor elevations and lot drainage elevations for both houses, PULTE has requested that
the CITY waive compliance with the required elevations on both properties and allow the houses
to be occupied, which could possibly lead to claims against the CITY if any damage were to
result to the properties or surrounding properties, whether privately owned or publicly owned,
such as struts,improvements,and the like;and
WHEREAS,PULTE is willing to indemnify and hold the CITY harmless from any and
all damages which may occur as a result of the finished floor elevations and lot drainage
elevations not meeting CITY requirements; and
WHEREAS, all parties are in full and complete agreement with the terms and conditions
as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, and other valuable consideration,the receipt and sufficiency of which are acknowledged,
itis
AGREED AS FOLLOWS:
1. PULTE and any subsequent owners of the real properties described herein shall be
allowed to occupy the houses located thereon without the necessity of raising the finished floor
elevations or lot drainage elevations to those required by the CITY's Master Drainage Plan. The
tO0e &Id V AZ LILT tSC fi0841 90:t; Le/80/OT
804 P02 OCT 08' 97 14: 04
•
CITY is not, however, by this agreement,waiving any requirements of its Master Drainage Plan,
and nothing contained herein shall be considered as a waiver of any CITY requirements or
regulations.
2. PULTE shall indemnify and hold the CITY harmless from all claims, liability,
loss,damages,and injuries of every kind resulting from the failure of said real properties to meet
the required finished floor elevations and lot drainage elevations. All claims shall include any by
the CITY for its publicly owned properties such as streets, improvements, infrastructures, and the
like,as well as any by owners of lots which may suffer loss or damages as a result of the
elevations of the two(2)Iota described herein not meeting CITY requirements. PULTE shall
also indemnify and hold the CITY harmless from any expenses incurred, including attorney's
fees,resulting from any claims made and whether suit is filed or not.
3. This agreement may not be modified, canceled or terminated unless agreed to in
writing by the CITY.
4. All persons signing this agreement on behalf of the parties hereto have the full and
consplete power and authority to bind said parties and have bean authorized by said parties to
execute this agreement
5. This agreement shall not be recorded in the current public records of Duval
County,Florida.
IN WITNESS WHEREOF,the parties hereto have set their hands and official seals as
of the day and year first above written.
SIGNED AND SEALED IN OUR PRESENCE:
Sign PULTE CORPORATION
Print
Sign By.
Its:
Print
Ste- CITY OF ATLANTIC BEACH
Print
Sign By:
Print James R. Jarboe
Its City Manager
2
`90 Rd& V A3 LILT 09C rasa L0=0T Le/90/0T
�4001a Hdd '1 Ao LPLT IQt t08112 Lo:IT Le/80/0T
805 P01 OCT 08' 97 14: 05
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
, 1997,by of PULTE HOME
CORPORATION, on behalf of the corporation. He is personally known to me or has produced
as identification and did take an oath.
Print name:
My commission expires:
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
, 1997, by JAMES R. JARBOE,City Manager.City of Atlantic Beach,a
Florida municipal corporation,on behalf of said entity. He is personally known to me or has
p — as identification and did take an oath.
Print name:
My commission expires:
3
��t tollL0:17T Le/He/OT
L
ATTACHMENT B
MOW _
OCTOBER 13, 1997 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Emergency Repair to 14 Inch Air Line to Atlantic Beach Wastewater
Treatment Plant
SUBMITTED BY: Robert S. Kosoy,P.E., Public Works Director
DATE: October 13, 1997
BACKGROUND: On October 2, 1997,the 8 Inch cast iron above-ground air line to the aeration
tank in the No. 1 Treatment Plant(the old"Poppy Parks" plant)ruptured due to advanced age,
approximately 25 years in continuous service. As part of the Gruhn-May, inc., annual contract for
point repairs, a call-out for$3,500 was established to complete the repair.
During the excavation for the 8 inch air line repair on October 8, 1997, further damage was
revealed on an underground 14 Inch cast air line and fittings. This air line supplies all the air for
sludge management for all sludge produced by both the Atlantic Beach and the Buccaneer
Wastewater Treatment Plants, and is critical for plant operation. This air line also connects to
newer air lines installed under the recent plant expansion, and due to lack of isolation valves will
effect total plant operations. A second call-out was established for$4,900.00 as an estimate for
Gruhn-May to complete the repairs to the 14 Inch air line.
On October 10, 1997, during the excavation for the 14" repairs, it became evident that many
additional connections, pipe, equipment and labor would be needed to properly restore the air lines
to operation as previously existing. We have received a breakdown for the total cost of the project
for$14,510,83 from the firm of Gruhn-May, Inc., and this estimate is firm since all defects and
conflicts are exposed.
Since we are aware of the age and condition of the remaining air lines, we will analyze the entire
air lines for future improvements and replacement to avoid similar emergencies.
RECOMMENDATION:
Authorize an additional work order of not-to-exceed$6,110.83 to the firm of Gruhn-May, Inc., to
allow proper completion of the project, for a total project of$14,510.83.
ATTACHMENTS: An itemized Job Cost Detail from G -May, Inc.
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO.
t
10/13/97 Job Cost Details
Gruhn May , Inc.
6897 Philips Parkway Dr. North
Job Name: v) INT /�P 4L/nth ' Jacksonville, Florida 32256
A.B. PO # -5/1,11.471-e (904) 262-9544 Fax 268-0679
G.M. Job #
Item Description Qty. UM Unit Cost Material Equipment Hours Rate Total
14"ductile pipe 38 If $39.81 $1,512.63 crane 12 $45.00 $540.00
14X8 mj tee 2 ea $612.30 $1,224.60 backhoe 16 $25.00 $400.00
14 mj plug 2 ea $159.90 $319.80 wellpoints 1 $650.00 $650.00
8" high heat gaskets 6 ea $10.40 $62.40 $0.00
14 X 14 mj tee 1 ea $725.40 $725.40 $0.00
14 mj restraints 14 ea $94.90 $1,328.60 $0.00
14 high heat gaskets 14 ea $20.80 $291.20 $0.00
mj acc. 1 Is $457.60 $457.60 Equip. Total $1,590.00
8" mj restraints 4 ea $35.10 $140.40
8"fl X pe spools 2 ea $540.80 $1,081.60 Labor
8"fl kits 4 ea $15.60 $62.40 Regular 40 $115.00 $4,600.00
$0.00 $0.00 Overtime $0.00
$0.00 $0.00 Labor Total $4,600.00
$0.00 $0.00
$0.00 $0.00 Subcontractor $0.00
Material Total $7,206.63 Sub total $6,190.00
Category Totals
Material $7,206.63
Labor $4,600.00
Equipment $1,590.00
Sub. $0.00
Overhead 18%*L&E $1,114.20
Mobilization $0.00
Grand Total $14,510.83
State License CUC043134