05-27-86 v AMENDED AGENDA
AGENDA
CITY OF ATLANTIC BEACH
May 27, 1986
Call to Order
Invocation and Pledge to the flag
1. Approval of the minutes of the regular meeting of May 12,1986
2. Recognition of visitors
3. Receipt of sealed bids for one sludge hauler tractor
4. Receipt of sealed bids to furnish and install 2,600 feet of sand
fence along a portion of Atlantic beach
5. Appearances:
(a) Mrs. Betty Eilers of 369 Third Street to discuss the matter of
dogs on Atlantic Beach
(b) Mr. Mike Birmingham, representing the Aquatic Gardens Civic
Association to discuss the extension of Cutlass Drive
(c) Mr. & Mrs. Patton requesting City acceptance of an easement
for ingress and egress to property adjacent to Levy and Main
Street in Section H
(d) William Baird and Clay Tousey requesting financial assistance
for Atlantic Beach Elementary School playground equipment
6. Commission action to approve Change Order No. 4 on Part 3, with
Byer Industries in the amount of $42,952.00 for re-configuration of
"D" Station in Selva Marina, and extending contract completion date
by 45 days
7. Authority for Mayor and Clerk to execute contract with Smith and
Gillespie for engineering services in connection with the regional
sewage outfall
8. Action by the City Commission regarding a request to extend the
fire bay in the proposed new Public Safety building from 50 feet to
60 feet
9. Action by the City Commission on a request for preliminary plat
approval for the Mayport Industrial Park
(Advisory Planning Board recommends approval)
10. Action on Resolutions:
A Resolution requesting Duval Delegation to vote against HB.287 and
SB.460 requiring City Health Insurance to provide eighteen (18)
"well-child" visits for children to age 16
11. Action on Exceptions:
A. Receipt of an application from F. Reuben Bennett for an
exception to operate an auto/truck service garage at 38 West
Ninth Street and setting of a public hearing for June 9, 1986
B. Action on a request for an exception for home occupation by
Rolando Delgado at 1399 Violet Street, and setting of a public
hearing for June 9, 1986
(Advisory Planning Board recommends approval)
12. Action on Ordinances:
A. Introduction and first reading of an Ordinance proposing to
amend the Zoning Ordinance to provide for the rezoning of a
parcel of property adjacent to Cornell Drive, filed by George
Prom, from RG-2 to RG-3, and setting of a public hearing for
June 9, 1986
(Advisory Planning Board recommends approval with certain
restrictions)
B. Introduction and first reading of an Ordinance amending the
Zoning Ordinance of the City of Atlantic Beach, Florida; said
amendment would create a Special Use District in the extreme
western portions of Section H, and setting of a public hearing
for July 14, 1986
(Advisory Planning Board recommends approval)
C. Introduction and first reading of an Ordinance amending the
Ordinance Code to correct some conflicting provisions in the
existing Zoning Code relative to eaves and cornices, and
setting of a public hearing for June 9, 1986
D. Public Hearing and final reading of an Ordinance to amend the
Ordinance Code of the City of Atlantic Beach, Florida, to
provide fines for persons parking illegally in handicapped
parking areas
E. Public Hearing and final reading of an Ordinance amending the
Ordinance Code of the City of Atlantic Beach, Florida, to
require bid bonds on labor and construction contracts in a
dollar amount in excess of $25,000.00
13. Miscellaneous
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON MAY 27, 1986 AT 7:15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
William I. Gulliford, Jr.
John W. Morris, Jr. , Commissioners M S
O E
AND: Richard C. Fellows, City Manager T C
John Dickinson, Acting City Attorney I 0 Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
_ABSENT: Claude L. Mullis, City Attorney COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation,offere3
by Commissioner Cook was followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of May 12, 1986
Motion: The minutes of the meeting of May 12, 1986 be approved Cook x
as submitted. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * ;; * * * * * * * * * * * * * * ;: * * * * * Howell x
2. Recognition of Visitors - NONE
J. Receipt of sealed bids for one sludge hauler tractor
The following bids were received and opened:
1.Industrial Tractor Co. ,Inc. ,Jacksonville No bid
2.Jacksonville Ford Tractor Co. , $13,622.00
Bid bond,America Institute of Architects
45 da. delivery Jacksonville Beach
Alt. 1 $10,895.00
Alt. 2 $10,995.00
3.Superior Tractor Co. of Jacksonville $10,495.00
Cashiers Check- $524.75 for Bid Bond
Bid tabulation attached hereto and made a part hereof.
* * * * * .. * * * * * * * * * * * * * * * * * * *
Motion: Refer bids to Committee to report back at the next meeting. Cook x
Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Mayor Morris x x
Howell appointed Commissioner Gulliford to Chair the Committee. Howell x
* * * * * * * * * * * ;; * * * * * * * * * * ;: * * ;: * * * *
Receipt of sealed bids to furnish and install 2,600 feet of sand
fence along a portion of Atlantic Beach
PAGE TWO V V
MINUTES NAME OF
MAY 27, 1986 COMMRS. MSYN
4. Receipt of sealed bids for sand fence-continued
The following bids were received and opened:
1.Scott Barnett, Atlantic Beach
Insurance furnished
2610' sand fence $13,572.00
2.George P. Coyle & Sons, Jacksonville
2150' of 2' fence and 450' of 4' fence $ 5,575.00
Insurance furnished
Bid tabulation attached hereto and made a part hereof.
* * * * * * * * * * * * * * * * * * *
Motion: Refer bids to Committee to report back at the next Cook x
meeting. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
Mayor Howell appointed Commissioner Morris and the City Manager to Howell x
serve on the Committee.
* * * * * * * * * * * * * * * * * * * * * * *
Appearances
(a) Mrs. Betty Eilers of 369 Third St. to discuss the matter of dogs
on the beach.
Mrs. Eilers commented since the renourishment of the beach, the high
tide no longer kept the beach clean and it was very apparent no one was
cleaning up after the dogs. She stated it was her opinion the beach was
now a health hazard. The comment was made the city had tried over the
years just about every conceivable type of control on the beach, but
apparently nothing worked. Commissioner Morris asked if a ban had ever
been placed for no dogs on the beach during certain months and the Mayor
replied in the negative. Discussion followed.
Motion: Direct the City Attorney to prepare an Ordinance banning Cook x
dogs and other animals from the beach from May 1 to October Edwards x
1 of each year. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(b) Mr. Mike Birmingham, representing the Aquatic Gardens Civic
Association to discuss the extension of Cutlass Drive
Mr. Birmingham advised he was representing 130 new homes on Aquatic
Drive and asked for clarification on whether the city intended to keep
"'utlass Drive closed when it was extended. The Mayor explained Cutlass
ias being extended primarily for emergency use for fire trucks, etc.
for the owners benefit. It was not determined whether they would chain
it or use a locked gate and emergency vehicles furnished a key. Mr.
Birmingham was told to contact the City Manager for further information.
PAGE THREE V V
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MAY 27, 1986 COMMRS. MSYN
(c) Mr. & Mrs. Patton requesting City acceptance of an easement for
ingress and egress to property adjacent to Levy & Main St. in Section H
Mayor Howell explained there was an area off Main St. that a home was
constructed several years ago on the property and had dedicated a 25'
easement to the public but had never been dedicated for utility lines
and emergency uses. Mr. Patton had requested the city accept the ease-
ment for ingress and egress and utility lines, but not for maintenance.
Motion: The city accept the 25'easement without any agreement for Cook x
maintenance, and the dedication be referred to the City Edwards x
Attorney to include any proper form necessary. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * ;: * * * * * * * * * * * * * * * * * * * * * * * * *
(d) William Baird and Clay Tousey requesting financial assistance
for Atlantic Beach Elementary School playground equipment.
Mr. Baird, Vice President of the Atlantic Beach Elementary School PTA
and Mr. Clay Tousey, President of the PTA requested $2,500 from the
city for playground equipment for the school. Mr. Baird explained they
Lad gone to the School Board and were informed the Atlantic Beach
elementary school had all the playground equipment allocated according
to the pupil ratio. Mr. Baird said he had met with Mr. Fellows last fall
for information on obtaining a grant similar to the grant Seabreeze
elementary school had obtained by working with the City of Jacksonville
Beach. The application was completed and unfortunately mailed to the
State instead of returning it to the City Manager of Atlantic Beach.
Apparently it was too late to re-submit the application for the current
school year. Prior to hearing on the application, the PTA raised approx-
imately $4,700 to purchase some playground equipment, and wanted to
purchase additional equipment for $2,500. Mayor Howell asked the Acting
City Attorney for an opinion. Mr.Dickinson asked if the PTA had obtained
approval from the School Board and Mr. Baird replied in the affirmative.
Mr. Dickinson questioned for liability purposes, who would own the equip-
ment, in case of an accident, the School Board or the City of Atlantic
Beach. He added if all the citizens of Atlantic Beach could use the equip-
ment it would not be an improper use of city funds. Mr. Baird said they
were designated as a Community School and offered an after-school care
program, including week-ends, and the playground was open to everyone.
He did not know the answer of ownership for liability purposes. During
discussion, the point was made the City of Atlantic Beach maintained and
controlled their public playgrounds and they could not control or maintain
the schoolground. Mayor Howell explained the city, had in the past,sub-
sidized the program in the beginning, but the funds of approximately
$4,000 were used to pay salaries for the individuals who ran the summer
rograms. No funds had ever been used to purchase equipment to be placed
n the schoolgrounds which would immediately go out of the city's control.
The Mayor said the City Attorney would have to research the matter and
report back before any action could be taken. The City Manager will
contact Mr. Baird and/or Mr. Tousey prior to the meeting of June 9th.
PAGE FOUR V V
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MAY 27, 1986 COMMRS. MSYN
Appearances - continued - (d)
Commissioner Gulliford commented they were charged with the responsi-
bility of funding only those items that potentially benefit all the
citizens of Atlantic Beach which many individuals did not understand.
He said the Commission had recently voted to allocate all funds raised
from the city auction of abandoned items such as bicycles, etc. to
some charity or organization each year that would benefit all of our
citizens.
6. Commission action to approve Change Order No.4 on Part 3, with Byer
Industries in the amount of $42,952.00 for re-configuration of "D"
Station in Selva Marina, & extending contract completion date by 45 days
Mayor Howell commented a good portion of the cost was grant eligible.
No further discussion.
Motion: Approve Change Order No. 4 on Part 3 with Byer Industries Cook x
in the amount of $42,952. for re-configuration of "D" Edwards x x
Station in Selva Marina, and extending contract completion Gulliford x
date by 45 days. Morris x x
Howell x
)uring discussion, it was pointed out the prices appeared to be way
Jut of line and the question was raised why the engineer did not contact
Byers before he made the decision. Following discussion, the question
was called and the motion carried unanimously.
* * * * * k * * * * * * * * * * k * * * * * * * * * * * * * *
7. Authority for Mayor and Clerk to execute contract with Smith and
Gillespie for engineering services in connection with the regional
sewage outfall.
The City Manager explained on June 10, 1985 the City Commission unani-
mously approved the proposal from Smith & Gillespie to furnish engineer-
ing services in connection with inspection on the regional outfall. At
that time the city asked Mr. Bates to step aside so there would be only
one engineer to coordinate work on the entire line from Jacksonville
Beach out to the river. The action to approve Smith & Gillespie was
by motion but a contract was never executed to send DER.
Motion: Authorize the Mayor and Clerk to execute the contract with Cook x
Smith and Gillespie for engineering services in connection Edwards x
with the regional sewage outfall. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
1. Action by the City Commission regarding a request to extend the
fire bay in the proposed new Public Safety building from 50'to 60' .
The City Manager reported he had, at the request of the Commission, made
a personal inspection of the station, talked with the chief and several
PAGE FIVE V V
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MAY 27, 1986 COMMRS. MSYN
8. Action on request to extend the fire bay from 50' to 60'-continued
other fire departments and was led to believe in the near term the city
was going to be in the position of having to modify its present equip-
ment or get into some ladder type equipment in order to serve even the
three story establishments presently located within the city. He recom-
mended the Commission extend the bay 10 feet now at an approximate cost
of $12,000. Commissioner Morris noted the cost of the hose tower would
be approximately $11,615 and suggested they consider eliminating the
hose tower and extend the fire bay by 10 feet. Mayor Howell expressed
the opinion they needed someplace to dry the hose so they would not rot.
Motion: Authorize the City Manager to inform Gee & Jenson to extend Cook x
the fire bays ten (10) feet to a total of sixty (60) feet. Gulliford x
Substitute motion: Eliminate the hose tower and increase the size Morris x
of the fire bays.
The substitute motion died for lack of a second. following a lengthy
discussion, the question was called on the original motion and that Cook x
motion carried unanimously. Edwards x
Gulliford x
Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * * * Howell x
Commissioner Morris asked if the fire tower was really needed. Mayor
Howell suggested Commissioner Morris Chair a Committee and study the
need for the tower. Commission agreed. Mayor Howell, the City Manager
and the Fire Chief to serve on the Committee.
9. Action by the City Commission on a request for preliminary plat
approval for the Mayport Industrial Park
The City Manager reported the concept had been considered by the City
Commission and the Advisory Planning Board had recommended approval
of the preliminary plat at their meeting last Tuesday. They had
provided all data and requirements provided for in the Code relative
to Subdivisions.
Motion: Approve preliminary plat for the Mayport Industrial Park. Cook x
Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * ;: ;: * * * * * * Howell x
10. Action on Resolutions - No. 86-7
Mayor Howell presented in full, in writing, proposed Resolution 86-7,
a Resolution requesting Duval Delegation to vote against HB.287 and
SB.460 requiring city health insurance to provide eighteen (18) "well-
child visits for children to age 16.
PAGE SIX V V
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MAY 27, 1986 COMMRS. MSYN
Action on Resolutions - continued
Motion: Passage of Resolution No. 86-7. Cook x x
Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Copy of Morris x
Resolution 86-7 is attached hereto and made a part hereof. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * *
11. Action on Exceptions
A. Receipt of an application from F. Reuben Bennett for an exception
to operate an auto/truck service garage at 38 W. 9th St. and setting
of a Public Hearing
Mayor Howell advised Mr. Bennett's application for a Use by Exception
had been approved by the Advisory Planning Board.
Motion: Approval of the application by F. Reuben Bennett on first Cook x
reading. Edwards x x
Gulliford x x
Commissioner Morris asked if there wasn't a distinction between auto Morris x
ind truck as he was under the impression the Advisory Planning Board Howell x
recommended that distinction be made clear. The City Manager said no,
but on the particular application there were some restrictions placed
that would come up at the Public Hearing. They provided all work to
be in an enclosed building, the property to be fenced, and no outside
storage and no fabrication. The question was called and the motion
carried unanimously. Mayor Howell set the Public Hearing for June 9,1956.
* * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Action on a request for an exception for home occupation by Rolando
Delgado at 1399 Violet St. , and Setting of a Public Hearing.
Mayor Howell advised the application by Mr. Delgado had been approved
by the Advisory Planning Board.
Motion: Approval of application for exception by Rolando Delgado Cook x x
on first reading. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Mayor Morris x
Howell set the Public Hearing for June 9, 1986. Howell x
11. Action on Ordinances
A. Ordinance No. 90-86-106 - First Reading
NN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND
LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LAND
DESCRIBED AS SHOWN ON APPENDIX "A" ATTACHED HERETO FROM RESIDENTIAL(RG-2)
TO RESIDENTIAL GENERAL(RG-3) ,PROVIDING AN EFFECTIVE DATE.
PAGE SEVEN V V
MINUTES NAME OF
MAY 27, 1986 COMMRS. MSY N
Action on Ordinances - continued
Mayor Howell presented in full, in writing Ordinance No. 90-86-106 on
first reading.
Motion: Passage of Ordinance No. 90-86-106 on first reading. Cook x
Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Mayor Morris x
Howell set the Public Hearing for June 9, 1986. Howell x
* * * * * * * * * * * * .. * * * * * * * * * * * * * * *
B. Ordinance No. 90-86-103- First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24 ARTICLE III, DIVISION 5 TO ESTABLISH A
SINGLE USE DISTRICT; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-86-103
on first reading.
Motion: Passage of Ordinance No. 90-86-103 on first reading. Cook x
Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Mayor Morris x
Howell set the Public Hearing for July 14, 1986. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Ordinance No. 90-86-105 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24, ARTICLE II, SECTION 24-17 TO PROVIDE A
DEFINITION FOR EAVES AND CORNICES; AMENDING SECTION 24-17 TO REDEFINE
SIDE YARD; AMENDING SECTION 24-84 TO PROVIDE ORDINARY PROJECTIONS OF
EAVES, CORNICES, SILLS, ETC. ,SHALL NOT PROJECT INTO ANY REQUIRED YARD
MORE THAN 40% OF THE WIDTH OF THE REQUIRED YARD OVER WHICH THEY PROJECT;
AMENDING SECTION 24-157 TO INCLUDE REGULATIONS RELATING TO EAVES AND
CORNICES; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-86-105
on first reading.
Motion: Passage of Ordinance No. 90-86-105 on first reading. Cook x
Edwards x x
Gulliford x x
Mr. Fellows explained the Ordinance was prepared to correct three Morris x
places in the Code where they conflict. The question was called and Howell x
:he motion carried unanimously. Mayor Howell set the Public Hearing
.or July 14, 1986.
* * * * * * * * * * * * * * * * '* * * * * * * * * * * * * * *
Commissioner Cook asked the City Manager to identify Ordinances by
number when preparing the Agenda.
PAGE EIGHT V V
MINUTES NAME OF
MAY 27, 1986 COMMRS. M S Y N
Action on Ordinances - continued
D. Ordinance No. 75-86-5 - Second Reading and Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 21, ARTICLE II, DIVISION 2, SECTION 21-38 TO
PROVIDE FINES FOR PERSONS PARKING IN HANDICAPPED PARKING AREAS; PROVIDING
AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 75-86-5 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He opened the floor for a Public Hearing and invited
comments from the audience. As no one spoke for or against, the Mayor
declared the Public Hearing closed.
Motion: Passage of Ordinance No. 75-86-5 on second and final Cook x
reading. Edwards x x
Gulliford x x
Commissioner Morris asked if it would be possible to post signs at Morris x
all handicapped parking areas saying there would be a $50.00 fine Howell x
for parking there. The City Manager will have the signs posted. The
question was called and the motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. Ordinance No. 5-86-16 Second Reading and Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 2, ARTICLE VII, DIVISION 2, SECTION 2-333 TO
REQUIRE BID DEPOSITS OR BID BONDS ON ALL CONTRACTS WITH A DOLLAR AMOUNT
IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) ; PROVIDING AN
EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 5-86-16 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He opened the floor for a Public Hearing and invited
comments from the audience. As no one spoke for or against, the Mayor
declared the Public Hearing closed.
Motion: Passage of Ordinance No. 5-86-16 on second and final Cook x
reading. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
13. Miscellaneous
Commissioner Edwards announced he and the City Manager had reviewed that
afternoon the new pollution control plant now in operation and it really
Looked good. The old plant was totally cut loose and they are now using
the new outfall line.
PAGE NINE V V
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MAY 27, 1986 COMMRS. M S Y N
Miscellaneous - continued
Commissioner Gulliford reported the Pension Board recommended a change
of actuaries from EBS to the firm of Gabriel, Roeder, Smith & Company
who has handled our services in the past very satisfactorily.
Motion: Accept the Pension Board's recommendation to change Cook x
actuaries from EBS to Gabriel, Roeder, Smith & Company Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Commissioner Gulliford called the Commission's attention to House Bill
657 and Senate Bill 838 called Full Financial Disclosure. He introduced
Resolution No.86-8, a Resolution opposing HB 657 and SB 838 relating to
full financial disclosure for elected city officials and urged the full
Commission to support the Resolution.
Motion: Passage of Resolution 86-8. Cook x x
Edwards x
Gulliford x x
Following discussion before the vote, the question was called and the Morris x
notion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
There being no other business to come before the Commission, Mayor
Howell declared the meeting adjourned at 8:30 p.m.
);/?/ //
mi i.� . 'owel
Mayor/Commissioner
ATTEST:
tyti
Adelaide R. Tucker
City Clerk
• TAtSULA LUN Ur BLUS •
'. i' Date of Opening May 27, 1986
CITY OF ,
FOR SAND FENCE ALONG ATLANTIC ATLANTIC BEACH r
BEACH FLORIDA Department
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Scott Barnett George P. Coyle F
BID NUMBER 8586- 12 Atlantic Beach Jacksonville 1
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Furnish and install 2,600 ft .
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of sand fence along the J
Atlantic Ocean $ 1 3 , 572 $5 , 575 j
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Bid Bond OK OK
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611
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Amount Budgeted
4001