04-08-85 v AMENDED
AGENDA
CITY OF ATLANTIC BEACH
April 8, 1985
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of March 25, 1985
2. Recognition of Visitors
3. Correspondence
A. Notification from HMO Florida of Rates Increase
B. Fire Department Monthly Report - March 1985
C. From Vickie Cartee and Cheree DuBose requesting City's
support in securing a beach access at 20th Street
4. New Business
A. Action by the Commission on a request from AmFed Service
Corporation for acceptance of sewer, paving and
drainage improvements in Selva Norte Units 1 and 2
B. Notification of receipt of Surveyor's affidavit correcting
Note No. 7 on the Fairway Villas plat to provide the
landscape buffer area shall be for natural or created
landscaping and no building structures other than fences
and patios shall be constructed within said area
C. Response from Stokes f Company regarding the sidewalks
required to be completed and installed in Fairway Villas
D. Notification of receipt of revised dedication of easements
and maintenance and use agreement relative to the Sunrise
Community Evangelical Free Church
E. Receipt of bids for Atlantic Beach sewage improvements
program Part 3, New Pumping Stations, and Part 5, Wastewater
Facilities Outfall Force Main - DER Project No. 747040
F. Receipt of bids for new emergency standby portable
generator for the City of Atlantic Beach sewage lift stations
5. Action on Ordinances
A. Ordinance No. 80-85-26 - Public Hearing and Final Reading
of an Ordinance Amending the
Ordinance Code of the City of
Atlantic Beach, Florida; Amending
Chapter 22, Article II, Section
22-28, to Provide a New Subparagraph
2 Setting Forth Rates and Charges
for Water Service for Customers Out-
side the City Limits.
B. Ordinance No. 80-85-86 - Public Hearing and Final Reading
of an Ordinance Accepting the Offer
of the Stockholders of Buccaneer
Service Company to Sell All of Its
Issued and Outstanding Capital Stock
to the City for the Purpose of
Acquiring a Water and Sewer System;
Establishing Water and Sewer District
1 of the City; Authorizing the
Issuance of Water and Sewer District
1 Revenue Bonds for Payment of a
Portion of the Purchase Price of the
Stock; Authorizing Payment of the
Bonds from the Net Revenues of the
Utility System Serving Water and
Sewer District 1; Authorizing and
Directing Certain Officers of the
City to Execute the Stock Purchase
Agreement and Other Documents, and
Take Certain Action in Connection
Therewith; Directing that Buccaneer
Service Company, Inc. , be Completely
Liquidated and Dissolved Immediately
After Purchase and Providing for all
Necessary Action Therefor.
6. Miscellaneous Business
ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT THE CITY HALL ON APRIL 8, 1985 AT 7:15 P.M. V V
O O
rRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
William I. Gulliford, Jr. D D
John W. Morris, Jr.
Catherine G. Van Ness, Commissioners
M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
Adelaide R. Tucker, City Clerk 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 Cook, was followed by the pledge to the flag.
Approval of the Minutes of March 25, 1985.
Motion: Approve the minutes of March 25, 1985 as submitted. Cook x x
Gulliford x x
No discussion before the vote. Motion Carried unanimously. Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * x * * * * * * * * * Howell x
Recognition of Visitors - None
[ayor Howell stated since the bids were advertised to be opened at
7:15 p.m. , and the Public Hearing was also advertised for that time,
he suggested, if there were no objections from the Commission, the
bids be moved up to the next Order of business and the Public Hearing
to follow. Commission agreed.
New Business - E. Receipt of Bids for Atlantic Beach Sewage Improvements
Program Part 3, New Pumping Stations, and Part 5, Wastewater Facilities
Outfall Force Main - DER Project No. 747040
The following bids were received and opened on Part 3,
Six New Pumping Stations:
1. Byer Ind. of Atlantic Beach,Fl $758,110.00
Bid Bond: Hanover Insurance Co.
2. B. B. McCormick & Sons of Jax Beach $764,000.00
Bid Bond: USF&G
3. J. W. Meadows,Jacksonville, Fl. $823,000,00
Bid Bond: Transamerica Ins. Co.
4. Metric Constructors of Charlotte,N.C. $850,000.00
Bid Bond: Aetna Casualty Ins. of Hartford
Bid tabulation is attached hereto and made a part hereof.
PAGE TWO V V
MINUTES NAME OF
APRIL 8, 1985 COMMRS. M S Y N
New Business - continued - 4.E. Receipt of Bids - Part 5 - Wastewater
Facilities - New 24" Outfall Force Main
The following bids were received and opened:
1. Caddell Contruction Co. of Jacksonville
Bid Bond: Aetna Insurance Co.
Total Base Bid $1,177,672.00
Total Bid- Alternate "A" 376,150.00
Force Main Material - PVC
2. CFW Construction Co. of Fayetteville,Tenn.
Bid Bond: Employers Ins. Co. of Wausau
Total Base Bid $1,193,267.00
Total Bid - Alternate "A" 385,055.00
Force Main Material - Pre-stressed Concrete
Pressure Pipe
3. Chapman Construction Co. of Orange Park,Fl.
Bid Bond: Fireman's Fund
Total Base Bid $ 864,388.00
Total Bid - Alternate "A" 319,805.00
Force Main Material - PVC
4. Douglas Electric & Plumbing,Inc. of Douglas,Ga.
Bid Bond: Fidelity & Deposit Co. of Maryland
Total Base Bid $1,222,111.00
Total Bid - Alternate "A" 407,059.00
Force Main Material - Ductile Iron Pipe
5. Inman and Associates of Jacksonville, Fl.
Bid Bond: Transamerica Ins. Co.
Total Base Bid $ 975,546.00
Total Bid - Alternate "A" 328,045.00
Force Main Material - PVC
6. McDonald Construction Co. of Jacksonville,F1.
Bid Bond: Employers Ins. Co. of Wausau
Total Base Bid $ 869,000.00
Total Bid - Alternate "A" 299,000.00
Force Main Material - PVC
7. B.B. McCormick & Sons,Inc. of Jacksonville Beach
Bid Bond: USF&G
Total Base Bid $1,057,633.00
Total Bid - Alternate "A" 351,540.00
Force Main Material - PVC
PAGE THREE V V
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APRIL 8, 1985 COMMRS. MSYN
New Business - continued - 4. E. Receipt of Bids Part 5 - Wastewater
Facilities - New 24" Outfall Force Main
8. Ward Land Clearing & Drainage,Inc.-Panama City,Fl.
Bid Bond: USF&G
Total Base Bid $1,045,150.75
Total Bid - Alternate "A" 335,125.00
Force Main Material - PVC
Bid Tabulation is attached hereto and made a part hereof.
Motion: Refer the bids to the Engineers and City Manager Fellows Cook x x
as a Committee to tabulate and report back at the next Gulliford x x
meeting. Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
Howell x
For the benefit of the bidders, the Mayor announced Mr. Adams of Bates
and Associates would be in the conference room with the bids if the
bidders wanted to see them or ask questions.
* * * * * * * * * * * * * * * * * * * * * * :. * * * * * * *
The next item the Commission agreed to take up was the Public Hearing
)n Ordinance No.80-85-26 in connection with the purposed purchase of
3uccaneer Utilities System by the City of Atlantic Beach. For the bene-
fit of the audience, Mayor Howell explained the procedures for the
Public Hearing were followed under State Statutes Chapter 180, not the
standard procedures followed under the usual Ordinances. No vote would
be taken, and no further action would be taken until the early part of
May. Up to that time, changes could be made by calling the Commission
into Special Session.
City Attorney Claude Mullis added the Public Hearing was for the pur-
pose of hearing from the public concerning any matters relating to the
establishment of Sewer District I under the proposed Ordinance that has
been on file with the city, and also the Ordinance authorizing the
issuance of revenue bonds in exchange for transfer of the property, in
case the city does follow through and acquire the Buccaneer systems.
Commissioner Morris asked if he was considered to be "public". He said
he had some very pertinent facts which he felt should be brought out to
the Commission and the public. He said he did not want to be muzzled
and would excuse himself if necessary. Mayor Howell expressed the
opinion that Commissioner Morris had not been muzzled at any time, but
he didn't want to sit there until midnight. He suggested that everyone
abide by the code and speak no longer than five (5) minutes (Sec.2-19-
Rule 4) .
The Mayor declared the floor open for a Public Hearing and invited com-
ments from the public.
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APRIL 8, 1985 COMMRS. M S Y N
a - - -4
Public Hearing on Ordinance No. 80-85-26
Four citizens spoke in opposition to the proposed purchase. The first
was Robert B. Persons, Jr. , 311 Tenth St. He said he had three points
that concerned him. He communicated with Mr. Hoofnagle of EPA in con-
nection with grant funds the city has received on our new sewer expan-
sion. Mr. Persons questioned whether any future interconnections of
the two systems might jeopardize federal funding the city had previous-
ly received. Mr. Persons was advised the city needed to pass a separate
Ordinance to deal with the rates on the new plant. They can't be a part
or sub-section of the existing Ordinance because they would say that
was discriminatory. 2)Mr. Persons questioned the structural soundness of
the pier carrying the outfall line of the system to the river, as he
noticed, while viewing the outfall, the pier had some dry rot, and the
cement on the footings had cracked and was falling apart and sliding
down the hill. He suggested the city require Buccaneer to make the
necessary repairs before acquisition. 3)" If he were a plaintiff attor-
ney, he said he would feel like he had a dream situation out there at
the outfall line. The pipe sits there out of the water and is a great
place for kids to play and if some 12 year old fell off there and hurt
himself the city would have a lawsuit on its hands that would cut out
any profits they might make." Mr. Persons expressed the opinion the
:ity should require the sellers, if they decided to purchase the system,
provide some security to prevent members of the public from becoming
injured on what would then be city property. The Mayor thanked Mr.
Persons for his comments.
Mr. Russell Linenkohl, 320 Country Club Lane, expressed his total
opposition to the purchase under any circumstances, due to the fact
the system was not located in the city and would not serve our citizens.
The Mayor thanked Mr Linenkohl for his comments.
Michele Morris, 325 Country Club Lane, stated for the record she was
opposed to the purchase. She said that she and her husband and Mr. &
Mrs. Persons visited the outfall pier at Mayport and took some pictures
which she offered to the Commission. She said the city had been told
the pier was good for 30 years and that she thought the pictures would
show it would never last that long. She also offered the Commission some
pieces of wood with dry rot,and rust and metal pieces to show the condi-
tion of the outfall. The Mayor thanked Mrs. Morris for her comments.
Mr. Duane Hallett, 1815 Tierra Verde, addressed the Commission from the
aspect of the philosophy of the government going out and taking over a
private enterprise. He was totally opposed to the purchase. The Mayor
thanked Mr. Hallett for his comments.
As no one else in the audience spoke for or against, the Mayor declared
the Public Hearing closed.
Commissioner Morris addressed the public and Commission and said he re-
gretted having to have his wife introduce the latest information to the
Commission, but he didn't see any other way to do it. He had hoped it
PAGE FIVE V V
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Public Hearing - continued
would not have been necessary to have brought the information to the
Commission's attention. He said he did it especially for Commissioner
Gulliford in that he hasn't had the time to go out and personally view
the facility prior to making a recommendation that the city spend
$3,900,000 for something that has a net book asset of $2, 100,000. He
said in some thirteen hours of debate,he introduced all of the objectio-is
based on professional expert information given to the Commission by the
seller. Commissioner Morris said "the seller has every right in the
world to offer his business for sale. It's the Great American Way we
all believe in free enterprise." But he felt it was his duty as a
Commissioner to protect the interest of the City of Atlantic Beach and
its citizens, and he couldn't see any philosophical reason to gamble
the citizens money by going outside of the city and investing in some-
thing with no plans to interconnect the two systems. To the contrary,
interconnecting would be a detriment to the system in that the city
received Federal grants for our own system, and if we interconnected
that would throw both systems together and would destroy the 12 times
rate advantage that prop up the "blue sky" projections that was in
the supposed revenue maker. He urged the citizens to please call the
other Commissioners and let their voices be heard in the matter. He
:hanked TV 4 for their cooperation in putting this before the public.
de also begged the Commission to go out and shake the poles like he
did, and pick at the dry rot on those cross members, and then come
back and tell him it was worth $175,000, according to Gee & Jenson's
report. He said if the city bought the plant and it didn' meet
projected earnings they would be stuck with it for eternity. At that
point he said he had written a poem entitled "To Buy or Not to Buy"
and read it . (Copy of which is attached hereto and made a part hereof.)
Mr. Hurwitz refuted some of the comments Commissioner Morris had made
noting after the last meeting the price was now $3,100,000, not
$3,900,000. He added that after paying for the maintenance and the
principal and interest on the bond, the city would net in excess of five
and one-half million dollars between 1985 and 1990 from the plant. That
would average out to one million dollars per year net, net, net to the
city. Mr. Hurwitz said the Bond Ordinance says that no other dollars of
the city shall ever or can ever be used to pay for the utility, the
revenue of the utility will go first to pay for the maintenance of the
utility. The amount after the upkeep and necessary expenses will pay
the principal and interest to the bondholders. In the event that the
revenue of the utility was not sufficient to pay the bondholders, they
would not get paid. He concluded there was absolutely no risk to the
city.
Mr. Baird, Vice President of Buccaneer Service, thanked Commissioner
Morris for finding a problem that apparently they had overlooked. The
outfall was constructed in 1983 at a cost of over $175,000 by a very
reputable Jacksonville firm, and he assured Commissioner Morris if
there was any dry rot, etc. that firm would stand behind it and correct
the problem, and the outfall pier will last the 30 years they paid for.
PAGE SIX V V
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APRIL 8, 1985 COMMRS. M S Y N
Public Hearing - continued
Commissioner Gulliford said he didn't have a poem, but wanted to make a
comment since he was again singled out by Commissioner Morris relative
to the apparent lack of concern. He stated it would not serve the city
to get his picture in the newspaper and to grandstand or put window dress-
ing and look at something he didn't think he was qualified to pass judgment
on because he was not in fact any type of engineer. He had talked to the
contractor who built the plant and felt he was qualified to give him a
fair and honest objective view of the value of the plant as it exists,
and said he would stand with that statement. Commissioner Gulliford sail
that it seemed like instead of going through the process that a city was
intended to go through, it had been adversarial for the sake of being
adversarial. He still didn't know that his mind was entirely made up as
to whether it was a good or bad buy, but he thought they owed it to the
citizens to go through the steps. What was forefront in his mind? Was it
beneficial to the citizens of Atlantic Beach? He said nothing happens
until the last vote. It was not costing the city anything to evaluate
except some time on the part of some Commissioners, and he thought that
while it was good to be opposed on particular points, and there had beef
very valid concerns raised that should and would be pursued, he express-
ed the opinion they all owed it to themselves to go through the steps
right up to the very end and then each Commissioner would have to vote
:he way they thought in their minds was proper, and whether it was in
Fact in the best interest of the citizens. Commissioner Gulliford con-
cluded by telling Commissioner Morris he appreciated his poetry like
everyone else in the room, but he did resent him saying that he was
urging the city to buy, as he had not made that comment in any of the
proceedings thus far.
Mr. Alan Potter, Engineer for Buccaneer, noted it had gone unsaid that
Buccaneer Utility Co. was also a water supply and not just a sewage
treatment company. He said no reference had been made to the water
distribution system, only sewer.
Commissioner Van Ness said Mr. Hurwitz had stated the price was now
$3, 100,000. The price was to the Sewer Committee, not to the Commission.
City Attorney Mullis reported at the last meeting there was discussion
concerning the charges of 150% of the rates charged to the residents of
the city, and at the Mayor's request he contacted someone in Tallahassee
who could give the correct answer insofar as those procedures were con-
cerned. He read a telex addressed to him dated April 8, 1985. It read
as follows:
Dear Mr. Mullis:
This is to confirm information given to you earlier today by telephone.
The City's grant agreement contains a requirement that "The grantee shall
accept flows from any community so designated in the approved facilities
plan to be served by the system funded by the department, generally with-
out regard to any conditions other than sewer use ordinance restrictions,
PAGE SEVEN V V
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APRIL 8, 1985 COMMRS. M S Y N
•
Public Hearing - continued
user charges developed on an equitable cost basis and the terms of inter-
municipal agreements required by 40 CFR 35.2107." This condition, which
is interpreted to preclude the use of surcharges authorized by Chapter
180 of the Florida Statutes (unless such surcharges are justified) does
not apply to facilities which have not been funded via a department
grant. Specifically, a city may exercise its power to impose a surcharge
as a condition of service on the class of users which will not be servec
by any sewerage system funded by the department without jeopardizing an
existing grant. A distinction between classes of users is permissible
under the grants program using sewer districts. A schedule of rates could
then vary by sewer district.
Please do not hestitate to call me at 904/488-8163 if you would like to
discuss this matter further.
Sincerely,
Richard W. Smith, P.E. , Chief
Bureau of Wastewater Management and Grants
Mr. Mullis stated in his discussion with Mr. Smith, it was unequivocally
tated that the course of Sewer District I would have no effect or jeop-
_rdize any grants of any nature whatsoever, and so far as our present
arrangements are concerned that we have connected people outside the
corporate limits of the City of Atlantic Beach, in talking to Mr. Smith
it was his feeling there may be some question about that until they disr
cuss the Statute under 180 which provides that you could go to 125%,
according to Mr. Smith, but that the 150% would have to be justified
for those particular users. After discussing the Statute, Mr. Smith felt
that even though his legal dept. had so advised him of that effect, the
matter should be revisited because of the wording of the Statute they
discussed.
Mr. Mullis added that he had checked into the City of Stuart case
discussed at a prior meeting. In that particular case, the City of Stua;t
was charging substantially more than 150%. It involved also, an anti-
trust suit. The City of Stuart was very happy with the settlement.
Mr. Mullis recommended to the Commission that, since some of them would be
in Tallahassee the first of May, that a meeting be set up with the Depart-
ment of Enviromental Regulations.
Commissioner Morris asked Mr. Fellows to repeat what Mr. Addison of DER
told him. Mr. Fellows stated Mr. Addison said the rates had to be equi-
table and there was a question in his mind whether a program funded with
Federal funds could charge a surcharge outside the city limits.
Commissioner Morris stated for the record, a comment Mr. Hurwitz directed
at him, that he had understood a variety of benevolent concessions that
Buccaneer's appeared to have made, he wanted the public to know that he
took back some things for those concessions.
PAGE EIGHT V
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Public Hearing - continued
Wayne Middleton, CPA for Touche Ross, who did the independent forecast
review was recognized by the Chair. He detailed the steps used in their
forecast review, and stated their projections were either correct or
conservative. Their projections were made with numbers lower actually
than the numbers the developers are expecting to use. The developers are
moving much more rapidly than the forecast predicts and the estimates
are clearly very understated. Certainly the $1 ,000,000per year was a
rough figure, but of course that would depend on the principal and
interest on the negogiated price.
Mayor Howell said everyone else had their say and it was his turn. He
asked the City Manager to check his watch for five minutes.
" There had been a lot of innuendos, comments, running to TV, etc. about
what was going on. First of all, nobody was trying to jam anything down
anyone's throats. The remarks about "if we buy that, it's on the backs
of the citizens of Atlantic Beach from now until eternity", let's look at
what the Bond Ordinance and agreement says, and what has been discussed
from day one; First of all, Buccaneer offered to sell at a price to be
paid for out of the operation of that system. What it boils down to quite
simply is Buccaneer offered to sell the plant to the city, the price to
be paid out of the revenues from operating the plant. The money from
revenues will go first to pay for operating the plant, then it will go
to pay the principal and interest on the bond, and anything left over
would be yours. If we don't make enough money to pay the principal and
interest, we don't pay it. At no point are the city of Atlantic Beach
or the taxpayers ever required or permitted, under this Bond Ordinance,
to increase your taxes, sewer rates, water rates, or anything else to
pay for this system.
"Maybe philosophically it would be nice not to do anything outside of
Atlantic Beach. Maybe that has merit, it depends on how you want to
look at it, but we have been serving people outside the city of Atlantic
Beach for years. If the city wants to stop, then let's stop it altogethr-
er, but just a few weeks ago the City Commission voted unanimously to
again provide water and sewer service to over 100 lots north of the city.
"One thing is certain. All things are increasing, rates are going up,
taxes are going up, and any governing body has the right to do two
things when they need money. They pass new taxes or raise sewer or water
rates, or you can seek other ways to attempt to hold down the costs. If
we have been wrong in that, I apologize. I won't include Commissioners
Morris and Van Ness as they are against it - they don't want to look at
it. If Commissioners Cook and Gulliford and I have been wrong in looking
for that type of outlet, I'm sorry, but I intend to look for additional
income for this city as long as I possibly can. We still have 30 days
for additional meetings and we have a long agenda ahead of us."
PAGE NINE V V
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Correspondence
A. Notification from HMO Florida of Rates Increase
The City Manager advised receipt of notification from HMO Florida that
our monthly premium rates were being adjusted to $65. 10 for single cove'-
age and $177.00 for family coverage. Present single coverage is $51.50,
an increase of about 26%. The rates are subject to change as of June 1,
1985, and is for a twelve month period. He wrote HMO for justification
and will bring that back to the Commission upon receipt.
B. Fire Department Monthly Report - March 1985
Mayor Howell acknowledged receipt of the Fire Department's Monthly Report.
As there were no questions, the Mayor instructed the report be filed fo-
information.
C. From Vickie Cartee and Cheree DuBose requesting City's support in Se-
curing a beach access at 20th Street.
Commissioner Cook explained that residents from Selva Marina, Selva
Marina Garden, and Selva Norte had requested any help the city could
provide in developing a beach access at Twentieth Street. For several
-Tears, they used 20th St. as an access but the property owners have
)uilt a fence to deny usage. Mayor Howell advised he would call the
proper officials in the City of Jacksonville to see what could be done
and urged the other Commissioners to do the same.
New Business
A. Action by the Commission on a request from AmFed Service Corporation
for acceptance of sewer, paving and drainage improvements in Selva Norte
Units 1 and 2.
City Manager Fellows advised receipt of a letter from the Consulting
Engineers, Robert Bates & Assoc. and for the record read the following:
"The project is in substantial compliance with the plans and specifi-
cations and as such could be accepted by the City of Atlantic Beach. The
specifications require the contractor furnish the City a one year main-
tenance bond on the project that begins at the time of acceptance of the
project by the City. This bond will allow the City a period of time to be
adequately assured that the project functions as was intended. I have
some reservations about the side slopes on the drainage canal by the
pumping station. I do not feel that the seeding and mulching of the side
slopes will be a deterrent to erosion caused by stormwater runoff. The
maintenance bond will allow the city ample time to monitor this area and
require the contractor to take whatever steps which may be necessary to
correct any problems in this area."
Mr.Fellows added he had received from Mr.A.J.Johns a one year warranty
and had asked the City Attorney to comment on the sufficiency of. Mr.
Mullis advised the warranty was insufficient. The Ordinance requires
they put up 10% of construction cost as a surety bond. Mr. Mullis
PAGE TEN V V
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APRIL 8, 1985 COMMRS. M S Y N
New Business - continued - A.
suggested the Commission approve it subject to the furnishing of the
proper bond approved by the City Attorney and City Manager.
Motion: Move to accept the sewer, paving and drainage improvements Cook x
in Selva Norte Units 1 and 2 subject to the furnishing of Gulliford x
the proper bond and approval by the City Attorney and the Morris x x
City Manager. Van Ness x x
Howell x
During discussion before the vote, Commissioner Van Ness stated she had
been informed that JEA had been paid for the street lights, but they had
yet to be installed. Mr. Roger Sutton advised JEA had informed them they
would not install the lights until the City of Atlantic Beach told them
to. They have been paid for and apparently the City Manager only has to
call and request the lights. Mr. Fellows will handle the matter.
B. Notification of receipt of Surveyor's affidavit correcting Note No.7
on the Fairway Villas plat to provide the landscape buffer area shall be
for natural or created landscaping and no building structures other than
fences and patios shall be constructed within said area.
City Attorney Mullis advised he had met with Messrs. Stokes and Collins
Ind their attorneys. The surveyor felt under Chapter 177 there was a
provision that a surveyor can,by affidavit, correct errors that were se:
forth such as structure included fences and patios. The surveyor had
prepared and filed with the Clerk of the Circuit Court a affidavit cor-
recting note no. 7 which is on the plat "the landscape buffer area shall
be for natural or created landscaping and no building structures other
than fences and patios shall be constructed within said area". The City
Attorney said that clarified the problem unless the property owners had
some objection to it. He felt the city had nothing to be concerned about
at the moment. The definition of a patio was discussed and the Mayor
read from the Code the definition of a the word "structure". "Structure
shall mean anything constructed, erected, or placed, the use of which
requires more or less permanent location on the ground or anything
attached to something having a permanent location on the ground, and
shall include tents, lunch wagons, dining cars or other structures or
wheels or other supports and user intended for business or living
quarters excluding fences not over six (6) feet above the natural grade."
Commissioner Morris said he had been consistent on the sidewalk on the
east side, but it was going to be a shame to put the sidewalks in as
there was so little yard space. He added he would not object if they
requested the sidewalks be deleted, but did ask for the islands in the
middle of the road to be removed. He considered them to be dangerous
as they were so high you couldn't see little children that might be
darting in and out. He suggested they provide a little more green area
without the sidewalks. Mr. Miller said since it was PUD, they would have
to rezone the property in order to do away with the sidewalks. Discus-
sion followed.
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New Business - continued - B.
Mrs. Rose Blanchard, Redfin Drive, asked about an addition to one of the
houses that had been completed. Mr. Mullis replied it was his understand-
ing there was at least one instance that was a clear violation, and he
assumed the City Manager was handling that.
The Mayor asked if there any objections from the Commission on the cor-
rection of the plat. Commissioner Morris expressed the opinion that Mr.
Mullis was to come back on the legality of the correction. Mr. Mullis
stated the action was legal. Discussion followed on the definition
of a patio in regards to note 7. Mayor Howell said he thought the inten:
was not to have buildings in the backyard area, although that was never
addressed in the covenants and restrictions. Mr. Miller offered to amend
note 7 to say "uncovered patios".
Motion: Approve the correction of Note 7 on the Fairway Villas plat Cook x x
with the addition of the word "uncovered" before patios. Gulliford x
Morris x x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * •* * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
C. Response from Stokes & Company regarding the sidewalks required to
be completed and installed in Fairway Villas
Ir. Miller advised the sidewalks would be constructed upon completion of
the project as it was more cost effective to do it at one time. The Mayor
asked what the construction schedule was. Mr. Miller said approximately
six months. Further discussion on whether to have the sidewalks. (see also
discussion on sidewalks under item B.)
Motion: Defer the decision on the sidewalks until the next meeting. Cook x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
D. Notification of receipt of revised dedication of easements and main-
tenance and use agreement relative to the Sunrise Community Evangelical
Free Church.
City Attorney Mullis stated he and Mr. Christian had met, and he had re-
vised substantially the easement for egress and ingress for the Church,
and made it clear that it is being dedicated to the City of Atlantic
Beach. He expressed the opinion that it was in proper form for approval.
The Zoning Ordinance provides that the building must front on a dedicated
public street or easement, and therefore he considered that to be now a
dedicated easement to the City of Atlantic Beach.
Motion: Accept the dedicated easements from the Sunrise Community Cook x x
Church. Gulliford x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * ;: * * * * * * * * * * * * * * * * Howell
PAGE TWELVE V V
MINUTES NAME OF
APRIL 8, 1985 COMMRS. MS Y N
E. Receipt of Bids - Action taken first on the Agenda.
F. Receipt of bids for new emergency standby portable generator for the
City of Atlantic Beach sewage lift stations
The City Manager said the Commission authorized the advertisement for
bid at the last meeting. He added only one bid had been received. The
decision was made to open the one bid:
Blankenship & Associates $12,816.00
Jacksonville, Fl.
Mayor Howell stated that funds for the purchase of a diesel engine
driven pump were provided by American Federal to be used in an emergency
in the event a lift station breaks down. That was previously agreed to
when American Federal came in with their plans.
Motion: Award the bid for a diesel engine driven pump to Cook x x
Blankenship & Associates in the amount of $12,816.00. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * ;: * * * * x * Howell x
Action on Ordinances - No. 80-85-27-PUBLIC HEARING AND FINAL READING
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-28, TO PROVIDE A
NEW SUBPARAGRAPH 2 SETTING FORTH RATES AND CHARGES FOR WATER SERVICE FOR
CUSTOMERS OUTSIDE THE CITY LIMITS, PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing by Mayor Howell on
second and final reading. The Ordinance was posted in line with Charter
requirements. The Mayor then opened the floor for a Public Hearing.
He explained the Ordinance only provided rates and charges on water
service, not sewer rates and charges. As no one spoke for or against,
the Mayor declared the Public Hearing closed.
Motion: Move for passage of Ordinance No. 80-85-27 on second and Cook x
final reading. Gulliford x
Morris x x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * *- * * * * * * * * * * * ;: * * * * * * * * * * * * * * Howell x
Miscellaneous Business
Commissioner Morris said that Mayor Howell had alluded to the fact that
he was opposed to the Buccaneer purchase, and he stated for the record
if it was in the best interest of Atlantic Beach he was for it. He just
hadn't found that yet.
For the record, Commissioner Van Ness seconded Commissioner Morris's
statement.
PAGE THIRTEEN V V
MINUTES NAME OF
APRIL 8, 1985 COMMRS. M S Y N
Miscellaneous - continued
Mayor Howell announced that Resolution No. 85-8 was left off the Agenda.
Copies had been furnished the Commission. He explained funds would have
to be transferred from contingency account to City Manager's account due
to terminal leave that was paid to the prior City Manager. The funds will
be used for the present City Manager's salary.
Mayor Howell presented and read in full Resolution No. 85-8,a Resolution
transferring certain monies between funds.
Motion: Move for passage of Resolution No. 85-8. Cook x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
Van Ness x
* * * * * * * ;: * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell also announced that Mr. Dowling had withdrawn the request
from Dowling-Morrow, Inc. , for water service to 104 residential units
in Seminole Beach. The request will be submitted at a later date.
Commissioner Gulliford asked if the City Manager would ask the City of
Jacksonville when the beach cleaner would be up and running to clean
the beach again. Discussion was held on the concern of unwanted materials
being mixed in with the sand that was pumped onto the beach.
The City Manager advised the specifications on the tennis court bids
were defective and he requested authority to re-advertise and have them
returned on April 22, 1985. There were no objections from the Commissio-i.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 9:05 p.m.
William S. -iowell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker
City Clerk
COME INTO MY PARLOR -
SAID THE SPIDER TO THE FLY
I HAVE A LITTLE SEWER PLANT
I ' D LIKE FOR YOU TO BUY !
IT' S JUST BEEN FRESHLY PAINTED
-AH - THE SIGHT WILL THRILL YOUR EYE
THE PROFITS AND PROJECTIONS ARE
THE BLUEST OF BLUE SKY !
BILLY - BOB - AND BILLY
URGE THE CITIZENS TO BUY
BUT KATHERINE AND JOHNNY SAY
PLEASE WAIT! IT' S PRICED TOO HIGH!
TO RUSH RIGHT OUT AND BUY THE PLANT
MIGHT SEEM A PRUDENT THING
BUT ONE FAULTY PROJECTION
COULD BE THE FATAL STING!
OUR CITIZENS HAVE PUT US HERE
TO RUN THEIR LITTLE TOWN
THE BEST WE CAN - WITH WHAT WE HAVE
AND NOT TO LET THEM DOWN!
LET'S SAVE OUR DOUGH - AND LET IT GO
TO SOMEONE OUT OF TOWN ! .
IF JERE THE OLD SPIDER CAN GET THEM
TO COME ROUND!
WHEN NEXT YOU FLUSH YOUR POTTY - AND YOU HEAR
A JINGLING SOUND - LET 'S HOPE IT'S NOT
YOUR MONEY
GOING OUT -OF- TOWN!
RESOLUTION NO. 85-8
A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS
WHEREAS, the City Charter of the City of Atlantic Beach requires
that the City Commission approve all budgetary increases and transfers
from one fund to another, and
WHEREAS, the nature of budgetary systems and those day to day
decisions affecting such budgetary systems require adjustment from time
to time,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Atlantic Beach, that the attached Budget Adjustment No. 85-4 be
approved for the 1984-85 Budget.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on April 8, 1985
R/AO"( )12k1
William S. Howell, Mayor
Presiding Officer
(SEAL)
ATTEST:
CcRTIr'fi„1 i(Oi'J
I Certify this to be a truo and coma.
Adelaide R. Tucker, City Clerk copy of tho record in my offico,
WITNESSETH my hand and ; ial Seal
of the City of Atlantic Beach, Fln�ida,
Approved as to Form this the7' 'day of
and C rrectness: 19
-4-City Clerk
. .. .. . 'D'
a.•e L. Mul i`s, ity •orney
• BUI>GET ADJUSTMENT •
/A ':UMBER: 85-4, — Date: 4/8/85 -
FUND: General Fund
1 SEPARATE FORMS FOR EACH FUND
AMOUNTS MUST BE IN WHOLE DOLLARS
ACCOUNT ACCOUNT TITLE EXPENDITURE REVENUE , .
_-_ —_ ADD DEDUCT DEDUCT ADD
01-512-1200 Salaries 21,600
01-512-2100 FICA 1,530
01-512-2200 Pensions 350
01-510-4900 Other Current Charges $ Obligations 23,500
•
XPLANATION: To transfer budget from City Commission contingency account to City Manager's _
account as shown above.
ATED BY Richard C. Fellows
DATE: 4/8/85
---
OINISSION ACTION REQUIRED: Yes DATE RECEIVED: 4/8/85
s-s
a
Ems : AT:C;N t
JIM 4
:ENGINEERS PROJECT N0: X306-5 CITY OF ATLANTIC BEACH
SEWERAGE IMPROVEMENTS PROGRAM PREPARED BY:
3D DATE : April 8, 1985 PART 5 Robert Bates a Associates,lnc. 1
-1ME: 7:00 PM EST WASTEWATER FACILITIES OUTFALL FORCE MAIN CONSULTING ENGINEERS
SHEET N O. ___ O F JACKSON /LLE,,FLORIDA
F'
BR/EF
ITEM
DESCRIPTION t L.) �v" ,( o
TOTAL ,BASE CID Cl mAf� ,go
,hTAL LID - ALTERNATE "A" , 3. 3<- Z�
FORCE MAIN MATERIAL ?\1- C
ii
DID BOND - AMOUNT V ,
SURETY
1
ADDENDA ACKNOWLEDGED
1
_ BID TAB')LATIOP
ENGINEERS PROJECT NO: CITY OF ATLANTIC BEACH
8306-5 ��� SEWERAGE IMPROVEMENTS PROGRAM PREPARED BY:
BID DATE : April 8, 1985 ;�� PART 5 Robert Bates aAssociates,inc.
TIME: 7:00 PM EST WASTEWATER FACILITIES OUTFALL FORCE MAIN CONSULT/NG ENG/NEERS
SHEET NO. _OF ✓ACKSONV/LLE,FLOR/DA
BRIEF
/TEM
DESCRIPTION C\) � �� C - w C v), A's'> Qom_( Dc.,\-J`l 1 Q,._ -. 11�.N1 (Al.- ). ( -;; .-1.' _ .'t c C, ._. ,,0 "<
` TOTAL BASE BID IMMEIREMI g i / ci C-ii
\l TOTAL BID - ALTERNATE "A" ' 3-% Co a &< -eS_ a 1. S-G S 1
FORCE MAIN MATERIAL ?f' �l',C >vA9Yc., 1)7_ p f� ?Nic....
BIU BOND - AMOUNT ✓ MIME
SURETY
ADDENDA ACKNOWLEDGED MIMI
IIIIIIIIIIIIIIIIII 1111111111111 6
. .. BID TABULATION
ENGINEERS PROJECT NO: 8306-3 CITY OF ATLANTIC BEACH
�. �,� SEWERAGE IMPROVEMENTS PROGRAM PREPARED 8Y:
BID DATE : April 8, 1985 ti� ���1 PART 3 Robert Sates &Assoctates,!nc.
TIME:, 7:00 PM EST 1 �/ NEW PUMPING STATIONS CONSULTING ENGINEERS
SHEET NO. _OF JACKSONVILLE,FLORIDA
BRIEF
ITEM `: ,
,o
DESCRIPTION ,rty.)-. J%-
s
N M -E- ) o A IL-) )V.
1
i
TOTAL BASE BID I 11 O to\t Vvv gl- 3/ o`' BSC) t, u v
r
BID BOND - AMOUNT f
SURETY ✓ ✓ ✓
ADDENDA ACKNOWLEDGED
o
'--------:fr-------I----
1
4