08-13-79 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
August 13, 1979
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of July 23, 1979
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board
5. City Manager's Report
6. New Business
A. Bid Opening - Specification No. 79-2 - Pick-up Trucks
7. Unfinished Business
A. Bill from City of Jacksonville in amount of $2,000 for Atlantic
Beach's share of drainage improvements at 16th and Beach Avenue
8. Report of Committees
9. Action on Resolutions
A. Resolution #79-16 - Beautification of Atlantic Boulevard
B. Resolution #79-17 - Transfer of Funds
10. Action on Ordinances
11. Miscellaneous Business
A. Advertisement in Fletcher High School Football Program - $60/1 page
12. Adjourn
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON AUGUST 13, 1979 AT 8:00 P,M.
V V
"'"'.ESENT: William S. Howell, Mayor-Commissioner 0 0
Alan C. Jensen T T
Catherine G. Van Ness, Commissioners E E
D D
AND: Bill M. Davis, City Manager
Oliver C. Ball, City Attorney
Adelaide R. Tucker, City Clerk M S
O E
ABSENT: James E. Mhoon T C
L. W. Minton, Jr. , Commissioners I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation, offered
by Commissioner Van Ness, was followed by the pledge to the flag.
Approval of the Minutes of July 23, 1979
Jensen x x
Motion: The Minutes of the Regular Commission Meeting of July 23, 1979 Van Ness x x
be approved as submitted.
Howell x
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Recognition of Visitors
Lyor Howell welcomed Mrs. Valerie Tew, a former resident who has moved
.ck to the City of Atlantic Beach.
Advisory Planning Board
The chair recognized Commissioner Van Ness who reported that a citizens
workshop meeting on the Comprehensive Plan for Atlantic Beach would be held
on Tuesday night, August 14, at 7:30 P.M. The Mayor invited all interested
citizens to attend.
City Manager's Report
Mr. Davis requested permission to advertise for a proposed use hearing for
the expenditure of Revenue Sharing Funds enuring to the benefit of Atlantic
Beach. Commission agreed and the Mayor set the Public Hearing to be held
on August 27, 1979.
Mr. Davis also requested permission to purchase an ejection cylinder on an
emergency basis for the City's Loadmaster garbage truck without utilizing
the bid procedure since this item of equipment can only be purchased through
Wast Equipment, Inc. , the local franchisee for the Loadmaster garbage truck.
Additionally, since the type of expenditure was not contemplated, he also
requested a transfer of funds to purchase said cylinder (item 9-B-Agenda) .
Motion: Authorize the City Manager to purchase an ejection cylinder for Jensen x x
the Loadmaster garbage truck in the amount of $2,147.06 Van Ness x x
on an emergency basis. Howell x
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PAGE TWO V V
MINUTES Names of
AUGUST 13, 1979 Commrs. M S Y N
s •
New Business
A. Bid Opening - Specification No. 79-2 - Pick-up Trucks (2)
The following bids were received and opened:
1. Lee Chevrolet, Inc. each $5,278.00 with trade-in
8725 Arlington Expressway delivery date on or before
Jacksonville, Fla. December 31, 1979
2. Lynch-Davidson Motors, Inc. each $5,248.46 with trade-in
9650 Atlantic Blvd.
Jacksonville, Fla. delivery 60 days after order
The Mayor suggested that the bids be sent to committee and report back
at the next meeting.
Motion: Bids be sent to committee. Jensen x x
Mayor Howell appointed Commissioner Jensen as chairman. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
finished Business
A. Bill from City of Jacksonville in amount of $2,000 for Atlantic Beach's
share of drainage improvements at 16th and Beach Avenue
Mayor Howell suggested that the Commission delay payment of a $2,000 bi_l
to the City of Jacksonville for the drainage improvements at 16th St.
and Beach Avenue pending settlement of the current dual taxation dispute
between Jacksonville and Atlantic Beach. Commissioner Jensen agreed
and suggested that the City Manager notify the City of Jacksonville of
the City's decision to delay payment.
Action on Resolutions
Mr. Davis announced that Mr. Phil Robinson was present, and had secured
a set of proposed drawings of plantings within the medians of Atlantic
Boulevard from Third Street west to the overpass at'Mayport Road. In
order to proceed further, Mr. Robinson would need an executed resolution
from the City of Atlantic Beach, similar to the type Neptune Beach had
duly passed.
Resolution 79-16 - Beautification of Atlantic Boulevard
Mayor Howell presented and read in full Resolution No. 79-16, A
Resolution authorizing landscaping agreement between City and State
partment of Transportation on a portion of State Road No. 10.
Motion: Passage of said Resolution No. 79-16 Jensen x x
Before the vote, discussion followed and Mayor Howell stated that the Van Ness x x
Howell
City of Atlantic Beach and the City of Neptune Beach would assume full x
PAGE THREE V V
MINUTES Names of
AUGUST 13, 1979 COmmr'S. M S Y N
Action on Resolutions - continued
responsibility for proper maintenance upon completion of the project;
such as watering and proper fertilization of all plants and keeping the
as free as practicable from disease and harmful insects, to properly mu ch
the plant beds, keep the premises free of weeds, mow and/or cut the
grass to a proper length, and to properly prune all plants. Commissione
Jensen asked Mr. Hilliard if this would cause an undue hardship on the
Public Works deparment, and at this time Mr. Robinson passed around
the proposed drawings of the plantings. Mr. Hilliard replied in the
negative as to maintenance. After discussion, Commission unanimously
voted for passage of the Resolution.
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B. Resolution 79-17 - Transfer of Funds
Mayor Howell presented and read in full Resolution 79-17, a Resolution
transferring $2,147.06 from Account 1-599-9900 to Account 42-534-5400
for the purpose of purchasing an ejection cylinder for the City's
Loadmaster garbage truck.
Jensen x x
Motion: Passage of said Resolution. Copy of Resolution 79-17 is Van Ness x x
attached hereto and made a part hereof.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Miscellaneous Business
Advertisement in Fletcher High School Football Program
Mayor Howell advised receipt of a request from Fletcher High School
for the City to purchase a one-half page advertisement in the football
program, in the amount of $60.00.
Jensen x x
Motion: Approve purchase of one-half page advertisement in the Ven Bess x x
Fletcher High School football program.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Commissioner Van Ness advised of several complaints that pampas grass
planted at the property line of a house located at 17th and Sea Oats
has now obstructed the view of the stop sign. Mr. Hilliard also report: d
a similar obstruction on the next corner at Park Terrace East (S.W.corn: r)
Mr. Davis stated the matter would be handled the next day.
There being no further business,the Mayor d-• a ei he 'e- ing adjourne: .
%i/,_I/
(SEAL) Mayor-� ommissi.nerr
ATTEST:
Adelaide R. Tucker
City Clerk
7 . CITY OF
Altai C Bemis • Timidia
716 OCEAN BOULEVARD—DRAWER 25
ATLANTIC BEACH. FLORIDA 32233
August 13, 1979
CITY MANAGER'S REPORT
Mr. Phil Robinson, who is present in the audience tonight, has secured
a set of proposed drawings of plantings within the medians of Atlantic
Boulevard from Third Street west to the overpass at Mayport Road. In
order to proceed further, Mr. Robinson needs an executed resolution from
the City of Atlantic Beach. Neptune Beach has duly passed the same type
of resolution (see copy attached).
It is that time of the year when a public hearing must be established
for a proposed use hearing for the expenditure of Revenue Sharing Funds
enuring to the benefit of Atlantic Beach. I respectfully request per-
mission to advertise for such a proposed use hearing.
Mr. Hilliard of the Public Works Department has informed me that one of
the City's Loadmaster garbage trucks is down because of an ejection
cylinder. The ejection cylinder has been checked out and found to be
beyond economical repair. This item of equipment can only be purchased
through Waste Equipment, Inc. , the local franchisee for the Loadmaster
garbage truck. I have determined that this item can only be purchased
from this source. I respectfully request permission to purchase such an
ejection cylinder on an emergency basis without utilizing the bid procedure
since the City can only be accommodated by this sole source. Additionally,
the budget of the Public Works Department did not contemplate this type of
expenditure. I am also requesting, as an additional item on the agenda,
a transfer of funds to purchase said cylinder (see copies of correspondence
attached).
Res tfully s mit ed
C / i / ,\
Bill . Davis
City Manager
BMD:j1
WILLIAM S. HOWELL JAMES E. MHOON ALAN C. JENSEN L. W. MINTON, JR. CATHERINE G. VAN NESS
Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner
BILL M. DAVIS OLIVER C. BALL MRS. ADELAIDE R. TUCKER CARL STUCK! RICHARD HILLIARD
City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works
and Fire Department
RESOLUTION NO. 79-16
A KESOLUTION AUTHORIZING LANDSCAPING AGREE-
MENT BETWEEN CITY AND STATE DEPARTMENT OF
TRANSPORTATION ON A PORTION OF STATE ROAD
NO. 10
WHEREAS, as a result of negotiations between parties, the City and the
Florida Department of Transportation desire to enter into an agreement
providing for maintenance of landscaping on that portion of State Road
No. 10 from Third Street to Mayport Road, all of which is within the
corporate limits of the City, a copy of which agreement is hereto
attached entitled "Highway Landscaping Memorandum of Agreement":
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, that the City Commission does hereby approve said
Highway Landscaping Memorandum of Agreement and the Mayor Commissioner
and the Clerk of the Commission are hereby authorized to execute same
on behalf of the City.
* * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission August 13, 1979
ATTEST:
(SEAL) Adelaide R. Tucker, City Clerk
_ HIGHWAY LANDSCAPING
JOINT PROJECT AGREEMENT
THIS AGREEMENT made and entered into this '
13th day of August , 19 79 r
by and between the STATE OF FLORIDA DEPARTMENT OF TRANS-
''ORTATION, an Agency of the State of Florida, hereinafter
called the DEPARTMENT, and City of Atlantic Beach, Florida
I
City FLORIDA, Hereinafter called y ,
WITNESSETH:
WHEREAS, as a part of the continual updating of
the State Highway System, the DEPARTMENT has widened
N/A from
N/A to
NSA within the limits of '
N/A
, as DEPARTMENT OF TRANS-
PORTATION Project No. ;
and
WHEREAS, the entire length of this project is with-
Northern 'Hal f of Atlantic Boulevard
in the corporate ' limits of Atlantic Beach, Florida ;and -
WHEREAS, as a tart of said project, for: safety, a
,
median strip dividing the traffic lanes has been created
where none existed before; Pnd •
WHEREAS, all parties are of the opinion that said
median strip shall be attractively landscaped with various
flora; and •
WHEREAS, the DEPARTMENT is agreeable to the land-
the City of Atlantic Beach and
scaping of the median strip provided the City of Neptune Beach, Fla.
will assume responsibility for proper maintenance upon completion
of the project; and
WHEREAS, the DEPARTMENT has aranfiA 4 fa ncarm4 aainn.
•
•
, I
Mr. Pni l Robinson will
construct with Voluntary Funds funds said
median landscaping; the plans and specifications for said
landscaping are prc•^eptly located in tie office of the
"istrict Engineer for the N/A ' District,
and, as now constituted, are satisfactory, said plans and
specifications, although not attached hereto, are incorpo-
rated in this Agreement by� reference.
II .
Upon acceptance by the DEPARTMENT of the work by
Nr. Phil Robinson in accordance-with the usual
standards of the DEPARTMENT the City of Atlantic Beach
agrees to maintain such portion of the landscape project as
comes within the corporate limits of City of Atlantic Beach
It is the intent of this Agreement that the City of Atlantic Beach
shall be responsible for that part of the landscaping project
• within its boundaries from the Mayport Road Overpass
on Atlantic Boulevard to the eastern terminus of Atlantic Boulevard
• at the Atlantic Ocean. - •
• III.
To maintain, as set forth in Paragraph II above as
to the landscaping project means`\the proper watering and proper
fertilization of all plants and keeping them as free as practi-
cable from disease and harmful insects, to properly mulch the
plant beds, to keep the premises free of weeds, to mow and/or
cut the grass to a proper length, to properly prune all plants
which includes the (1) removing of diseased parts of the plant,
or (2) pruning such parts thereof which present a visual hazar:i
for those using the roadway. To maintain also means removing
or replacing dead or diseased plants in their entirety, 'r re-
\ X
existing at the time of replacement, unless written ap-
proval is obtained from the District Engineer for the use
of alternate material or deletions. . To maintain also means
to keep litter removed from the median strip or landscaped
areas within the project.
IV.
If at any time after the construction and comple-
tion of said landscaping project and after same has been
turned over to City of Atlantic Beach & City of Neptune Beach for
maintenance, it shall come to the attention of the District
Engineer that the project or a part thereof is not being
properly maintained as herein provided, said District Engineer
may at his option issue a written notice of deficiency or
deficiencies exist(s) , by Registered Mani in care of
N/A as to
' Thereafter N/A shall have a
period of 30 days within which to correct said deficiencies.
. If they are not corrected within this time the District Engineer
may at his option declare the contract forfeited as to offending
party and if he shall declare the contract forfeited, he shall ,
have them option to do one of two things:
(a) Maintain the median strip for the entire length
with DEPARTMENT or contractor' s personnel and charge the of-
fending party for the reasonable value of said work.
(b) Remove by DEPF RTMENT or contractor personnel
all of the landscaping, except as to grass and plant the entire
median strip in grass and charge the offending party the rea-
slnable value for such work.
•
V.
The City of Atlantic Beach hereby agrees
to indemnify, defend, save and hold harmless the DEPARTMENT from
It
•
or due to an act or occurrence of omission or commission
Of the City of Atlantic Beach , their__ _
subcontractors, agents or employees._ .It -is-specifically
understood and agreed that, this indemnification agreement
does not cover or indemnify the DEPARTMENT for its own
negligence or breach of contract.
• I VI. . .
The DEPARTMENT' s District Engineer shall decide
all questions, difficulties and disputes of any nature what-
soever that may arise under or by reason of this Agreement,
the prosecution of fulfillment of the servicers hereunder and
the character, quality, amount and value thereof; and his
decision upon all claims, questios and disputes shall be
final and conclusive upon the parties hereto.
! I .
I '
4.
V
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"- . .
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed, the day and year first above
written.
WITNESSES: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By
Director of Administration
Attest: (SEAL)
• Executive Secretary
di
As to the Department
CITY OF ATLANTIC BEACH, FLORIDA
SMe ;011 LIAL •
' tness ' Tltle. ayor
gh�s 1 iii , (SEAL)
� A-311 '2 .. CAttest: 2 �c
tYit1ess / Title: City Clerk
As to Approved as to Form:
' (Corporate Seal)
Title:
•
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•
•
•
•
•
••
•
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•
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•
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1110
RESOLUTION 79-17
WHEREAS, the City Charter of the City of Atlantic Beach requires that the
City Commission approve all budgetary transfers from one account to
another, and
WHEREAS, the nature of budgetary systems and those day to day decisions
affecting such budgetary systems require transfers from time to time,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic
Beach that the following transfer be approved in the 1978-79 Budget:
ACCOUNT INCREASE DECREASE
42-534-6400 $2,147.06
1-599-9900 $2, 147.06
$2,147.06 $2, 147.06
* * * * * * * * * * * * * * *
4111
Passed by the City Commission on August 13, 1979
ATTEST:
Adelaide R. Tucker
(SEAL; City Clerk