10-28-85 v w M.
AGENDA
(AMENDED)
CITY OF ATLANTIC BEACH
October 28, 1985
Call to Order
Invocation and Pledge to the Flag
1. Approval of Minutes of Regular Meeting of October 14, 1985
Approval of Minutes of Special Meeting of October 21 , 1985
2. Recognition of visitors
3. Receipt of bids for security service at Public Works and the two
water plants
4. Interview of architectural firms interested in design work on the
City Public Safety Building
7:17 Clements/Rumple/Goodwin
7:23 Fleet and Associates
7:30 Gee and Jenson
5. Recognition of Citation received by Claude L. Mullis at the
National Institute of Municipal Law Officers
6. Receipt of petition from property owners in Section H relative to
planned improvements of water and sewer in that area
7. Action by the City Commission on approving acceptance of a 40-foot
right-of-way extension of Hibiscus Street in Section H
8. Notice of the Beaches Council of Christian Men for churches blood
drive November 1 , 1985
9. Discussion regarding the feasibility of requiring bacteriological
testing of wells before the issuance of Certificate of Occupancy
10. Action by the City Commission to authorize advertising for drainage
improvements on Seminole Road and Plaza at such time as the
necessary DER and Dredge and Fill permits are received
11. The introduction and first reading of an Ordinance amending the
Code of Ordinances; Amending Chapter 22 Article III relative to
Waste Water Charges and Regulations so as to conform with the
requirements of the Department of Environmental Regulation in
connection with a State grant for sewerage improvements, and
setting of a public hearing for Monday, November 11 , 1985.
.
12. Discussion re appointment to City Board of Adjustment
13. Discussion re appointment (Probationary/Part time) Code Enforcement
Officer
14. Discussion by the City Council on the desirability of authorizing
the purchase of specialized equipment for the replacement of valves
in the utility system
15. Video presentation on the recent televising of City sewer lines in
Howell Park adjacent to A lift station
16. Miscallenous business
17. Adjourn
AGENDA
CITY OF ATLANTIC BEACH
October 28, 1985
Call to Order
Invocation and Pledge to the Flag
1 . Approval of Minutes of Regular Meeting of October 14, 1985
Approval of Minutes of Special Meeting of October 21, 1985
2. Recognition of visitors
3. Interview of architectural firms interested in design work on the
City Public Safety Building
7:17 Clements/Rumple/Goodwin
7:23 Fleet and Associates
7:30 Gee and Jenson
4. Recognition of Citation received by Claude L. Mullis at the
National Institute of Municipal Law Officers
5. Receipt of petition from property owners in Section H relative to
planned improvements of water and sewer in that area
6. Action by the City Commission on approving acceptance of a 40-foot
right-of-way extension of Hibiscus Street in Section H
7. Notice of the Beaches Council of Christian Men for churches blood
drive November 1 , 1985
8. Discussion regarding the feasibility of requiring bacteriological
testing of wells before the issuance of Certificate of Occupancy
9. Action by the City Commission to authorize advertising for drainage
improvements on Seminole Road and Plaza at such time as the
necessary DER and Dredge and Fill permits are received
10. The introduction and first reading of an Ordinance amending the
Code of Ordinances; Amending Chapter 22 Article III relative to
Waste Water Charges and Regulations so as to conform with the
requirements of the Department of Environmental Regulation in
connection with a State grant for sewerage improvements, and
setting of a public hearing for Monday, November 11, 1985.
11. Discussion re appointment to City Board of Adjustment
12. Discussion re appointment (Probationary/Part time) Code Enforcement
Officer
13. Discussion by the City Council on the desirability of authorizing
the purchase of specialized equipment for the replacement of valves
in the utility system
14. Video presentation on the recent televising of City sewer lines in
Howell Park adjacent to A lift station
15. Miscallenous business
16. Adjourn
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT THE CITY HALL ON OCTOBER 28, 1985 AT 7:15 P.M. V V
O O
PRESENT: 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 ET C
Claude L. Mullis, City Attorney I O Y
Adelaide R. Tucker, City Clerk
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.
1.Approval of Minutes of Regular Meeting of October 14, 1985
Motion: The minutes of the regular Commission meeting of October 14, Cook x x
1985 be approved as presented. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Approval of Minutes of Special Meeting of October 21, 1985
Motion: Approve the minutes of the Special Called meeting of Cook x x
October 21, 1985 as presented. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
2.Recognition of Visitors - None
3. Receipt of bids for security service at Public Works and the two
water plants.
Only one bid was received and opened:
Qonway Security Systems, Jacksonville,F1:
Location #1 $3,281 installed
Location #2 $2,989 installed
Location #3 $2,983 installed
Cost deduction if only one control device
installed at Public Works yard $200.00
Monthly monitoring cost if required $ 25.00 each location
Maintenance fee per year $600 per location
Motion: Refer the bid to Mr. Braid and the City Manager to report Cook x
back. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * ;: * * * * * * * * * * * * Howell x
PAGE TWO V V
MINUTES NAME OF
OCTOBER 28, 1985 COMMRS. MSYN
4. Interview of architectural firms interested in design work on the
City Public Safety Building
Mayor Howell announced for the benefit of the audience that the Commis-
sion would interview three architectural firms interested in design worc
on the Public Safety Bldg for the purpose of ranking. They were inter-
viewed by alphabetical order: Clements/Rumple/Goodwin; Fleet and Associ-
ates, and Gee and Jenson. Each firm introduced their staff, listed their
government experience, and technical approach. The Mayor thanked the
firms for their interest.
Following the interviews the Commission ranked the three firms. Voting
was by paper ballot by point system: No. 1 - 3 points; No. 2 - 2 points,
and No. 3 - 1 point.
Commissioner Cook: 1. Gee & Jenson
2. Fleet and Associates
3. Clements/Rumple/Goodwin
Commissioner Gulliford: 1. Gee & Jenson
2. Fleet & Associates
3. Clements/Rumple/Goodwin
Commissioner Morris: 1. Fleet & Associates
2. Gee & Jenson
3. Clements/Rumple/Goodwin
Commissioner Van Ness: 1. Gee & Jenson
2. Fleet & Associates
3. Clements/Rumple/Goodwin
Mayor Howell: 1. Gee & Jenson
2. Clements/Rumple/Goodwin
3. Fleet & Associates
Mayor Howell announced the order of ranking and instructed the City Man-
ager to notify the firms of the next scheduled date and time for further
discussion. Ranking was as follows:
First: Gee & Jenson
Second: Fleet & Associates
Third: Clements/Rumple/Goodwin
5. Recognition of Citation received by Claude L. Mullis at the National
Institute of Municipal Law Officers
Mayor Howell commended Mr.Mullis for the award presented him for Special
Distinguished Public Service by a Municipal Attorney. It stated "Mr.
Mullis is one of the greatest Municipal Lawyers in our nation. He served
as Special Counsel to scores of Florida cities which has earned him the
--such deserved reputation as Florida's greatest expert in the field of
iunicipal law". Mayor Howell told Mr. Mullis the award was well deserved
over the years he had known him and his capabilities in Municipal Law
and he, along with the full Commission, extended congratulations. A true
copy of the award is attached hereto and made a part hereof.
PAGE THREE V V
MINUTES NAME OF
OCTOBER 28,1985 COMMRS. M S Y N
6. Receipt of petition from property owners in Section H relative to
planned improvements of water and sewer in that area.
Mayor Howell acknowledged receipt of a petition signed by twenty-two
property owners in Section H from East of Main St. to Mayport Rd and
on the North and South sides of Levy Road objecting to the recommended
improvements of water, sewer, etc. for said area. He instructed the
petition be made available when further discussion takes place. A
copy of the petition is attached hereto and made a part hereof.
7. Action by the City Commission on approving acceptance of a 40-foot
right-of-way extension of Hibiscus Street in Section H.
Mayor Howell said when Section H was put on record, apparently the
portion of Hibiscus St. between Blks 154 and 155 was never platted as a
street, so lots 2 through 6 were technically land-locked. Mr. Baker,
owner of the property, requested that he deed to the city a 40'right-of-
way. The City Attorney stated the city had a requirement for streets of
a 50' minimum. Mr. Fellows suggested he deed 50' of the first five lots
and dead-end at that point which would give ingress and egress to all
lots.
Motion: Mr. Baker will have prepared, at his expense, a survey, the Cook x x
proper legal description for approval by the City Attorney Gulliford x
and that instrument to be brought back for acceptance. Morris x
Van Ness x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * ;; * * * * * * * * * * * * * * * * * * * * *
8 Notice of the Beaches Council of Christian Men for churches blood
drive November 1, 1985.
Mayor Howell announced the Beaches Council of Christian Men would be
holding their blood drive on November 1 , 1985 at 8:00 p.m. at the
Jacksonville Beach Community Center and encouraged all to donate.
9. Discussion regarding the feasibility of requiring bacteriological
testing of wells before the issuance of Certificate of Occupancy.
Mr. Fellows said he had sent a memo to the Commission relative to the
fact there was no permit requirement either from the DER or from the
City of Jacksonville Health Department for any well which is less than
250' deep. He questioned as to whether the city would be liable in
issuing a Certificate of Occupancy to a dwelling where a well had not
been tested for bacteriological contamination. He said he had checked
with the Health Dept and they said they do provide bacteriological test-
ing of wells, but not at the request of the home owner. Most mortgage
companies, VA and FHA will not close on a loan until the water and well
'as been tested had found to be potable. Their studies and reports would
e available to the city if desired. Mayor Howell asked if that pertained
to all wells or only those wells on a piece of property where they in-
tend to use well water for consumption. Mr. Fellows replied only if the
water would be used for consumption and city main was not available.
PAGE FOUR V V
MINUTES NAME OF
OCTOBER 28,1985 COMMRS. MSYN
Motion: Direct the City Attorney to prepare the necessary Cook x x
legislation. Gulliford x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * * * * * * * ;e * * * * ;: * * * * * Howell x
10. Action by the City Commission to authorize advertising for drainage
improvements on Seminole Road and Plaza at such time as the necessary
DER and Dredge and Fill permits are received.
The Commission had no objections and authorized the City Manager to
advertise for bids on drainage improvements on Seminole Road and Plaza.
11.Action on Ordinances - Ordinance No.80-85-28 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, SECTION 22-166
PROVIDING A QUARTERLY SEWER BASE CHARGE; AMENDING SECTION 22-167 TO
PROVIDE A UNIFORM VOLUME CHARGE; PROVIDING A NEW SECTION 22-176 SETTING
FORTH REQUIREMENTS FOR A REVENUE GENERATION SYSTEM; CREATING A NEW
SECTION 22-177 PROVIDING FOR USE OF ACCRUED FUNDS; CREATING SECTION 22-
178 PROVIDING THAT A CERTIFIED PUBLIC ACCOUNTANT WILL CERTIFY COMPLIANCE
'ITH THE REGULATIONS OF THE REVENUE GENERATING SYSTEM; PROVIDING AN
JFFECTIVE DATE.
Said Ordinance was presented in full, in writing by Mayor Howell on
first reading.
Motion: Move for passage of Ordinance No. 80-85-28 on first reading. Cook x
Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
Mayor Howell set the Public Hearing for November 11, 1985 Howell x
* * * * * ;: * * * * * * * * * * * * .. * * * * * * *
12. Discussion re appointment to City Board of Adjustment
Mayor Howell announced that Mr. Frank Tassoni had served on the Board
of Adjustment for four years and had requested his resignation be
accepted. The Mayor recommended Mr. Richard White be appointed for the
unexpired term of Mr. Tassoni. His term expires on November 22,1987.
Motion: Mr. Richard White be appointed to the Board of Adjustment Cook x x
to serve until November 22, 1987, the unexpired term of Gulliford x
Mr. Frank Tassoni. Morris x
Van Ness x x
During discussion, Mr.White agreed to serve and file financial reports. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ..
13. Discussion re appointment (Probationary/Part Time) Code Enforcement
Officer.
Mr. Fellows reported when the Code Enforcement Board was first formed,
PAGE FIVE V V
MINUTES NAME OF
OCTOBER 28,1985 COMMRS. M S Y N
Item 13 - continued
he had asked the Fire Chief to serve as temporary Code Enforcement
Officer for a period of six months. He complimented Chief Royal on the
excellent job he had done. He said the six month tenure was up and
felt the city should move into another area and make an appointment
of a person on a Probationary/Part time basis as Code Enforcement Offi-
cer who could devote the amount of time needed to do the job properly.
Mr. Fellows recommended Mr. Frank Kerber, a long time resident of Atlan-
tic Beach, who presently works for the U. S. Marshall's office and has
a great deal of law enforcement experience be appointed for the position.
The salary would be $8.00 per hour, the same rate of pay he receives at
the U.S.Marshall's office. He added the next meeting of the Code Enforce-
ment Board would be held on November 14th. Ms.Suzanne Bass will represent
the city and he had asked Chief Royal, the former Code Enforcement Offi-
cer, to act as a witness for the new Code Enforcement Officer. This would
give the city the benefit of Mr. Royal's expertise as he had investigated
the particular case and documented it on video tape.
Motion: Appoint Mr. Frank Kerber as the Code Enforcement Officer. Cook x x
Gulliford x x
During discussion, Mr. Fellows said a contract would be prepared for
the Mayor's signature setting forth the minimum number of hours per
reek Mr. Kerber would put in at $8.00 per hour and also spell out any
Jther items needed to protect the city. The question was called and Cook x
the motion carried unanimously. Gulliford x
Morris x
Van Ness x
* * * * * k * * * * * * * * * * * * * :t * * * * * * * * Howell x
14. Discussion by the City Council on the desirability of authorizing
the purchase of specialized equipment for the replacement of valves in
the utility system.
Mr. Braid told the Commission for background information that two weeks
ago it was necessary to shut down the entire city for water from mid-
night until 5:a.m. in order to change a 12" water main to provide a
double culvert under 11th St. Before that he put his most experienced
crews to work to isolate that area and search for one fire hydrant that
could be left running while the system was shut down. Eight man days
later they gave up. Two days later, he hired a firm to do a demonstra-
tion of a replacement of a single valve. In 22 hours the valve had been
cut out and a new valve put in using one experienced man from the fac-
tory and two of the city's youngest water distribution people. Only five
people were out of water during that period of time and only by choice
in order to change a line for them. He exhibited the valve that was
frozen in the shut position, and recommended the city purchase the Hydra-
stop specialized equipment as it would save the city money in the long
'un. If he hired private companies with the special equipment it would
:ost about $2,000 per valve. By doing it in-house he could save some
where in the neighborhood of $700-$800 per valve. The purchase price
of the "Hydro-stop" was $16,900.
PAGE SIX V V
MINUTES NAME OF
OCTOBER 28,1985 COMMRS. MSYN
Item 14 - continued
Mr. Braid told the Commission that the cities of Neptune and Jacksonville
Beach and some contractors had expressed interest in renting the piece
of equipment. It was also pointed out since the piece of equipment was
a single source of supply and the city would purchase it direct from the
manufacturer and is a patented item that competitive bids advertisement
would not result in any additional competition or savings.
Motion: Authorize the City Manager to purchase "Hydro-stop" in the Cook x x
amount of $16,985 with the waiving of the requirement for Gulliford x x
competitive bids since it is a sole source item. The pay- Morris x
ment will not be disbursed until the City Manager and City Van Ness x
Engineer are satisfied that training has been adequate and Howell x
complete. The money to come out of the contingency account.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
15. Mr. Braid offered a very enlightening presentation on the recent
televising of a 10" City sewer line at lift Station A at the corner of
Palm and the edge of Howell Park that showed the amount of water that
infiltrated into the line. There should be no water there as the man
holes had been sealed off. Mr. Braid said State funds were available
or that purpose under the existing 201 plan and Smith & Gillespie had
.,ffered to put together a complete application packet for the City for
a sum less than $2,000.
Motion: Move to authorize Smith & Gillespie to seek grant funds Cook x x
for the purpose of renovation of the city's sewer lines Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
16.Miscellaneous business
Commissioner Cook asked for details on a letter received from Mr. Arzie.
The Mayor said it had been sent to the Insurance Company.
Commissioner Gulliford told the City Manager to enjoy himself while
vacationing in North Carolina. He asked who the Acting City Manager
would be. Mr. Fellows said it would probably a cooperative effort be-
tween Mr. Bob Braid and Mr. Harry Royal.
Commissioner Gulliford asked for details on additional funding for the
regional outfall due to the increased cost of changing from PVC to DI
iron. Mr. Fellows said DER advised no additional grant funds were avail-
able, however, if after discussions with the other two lowest bidders
on the project, it could be shown McDonald's price was at least equal
to or lower than the other two, the city could utilize its 5% contin-
ency fee to help defray the additional cost of the DI pipe.
Discussion was held on an article received on Cocoa's use of waste
water on their golf course and recreational facilities. Mr. Fellows ex-
plained when the city took over the Buccaneer system one of the special
PAGE SEVEN V V
MINUTES NAME OF
OCTOBER 28, 1985 COMMRS. MSYN
Miscellaneous - continued
conditions of the permit was that a study would be undertaken by the
city at some future date with the idea in mind that the city would
attempt to find an alternative way of disposing of our wastewater
other than into the St. Johns River.
There being no other busines to come before the Commission, the Mayor
declared the meeting adjourned at 9:19 p.m.
William S. Howell
Mayor/Presiding Officer
ATTEST:
delaide R. Tucker
_ity Clerk
e atiunaI IJnfifufr of
4JFTuniripa! E! afti ODffirr
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upon presentation of the
cAfuar? for $pthx! !ifinuiIie Public Bernice
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upon
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3jaroniill , jfioriba
The recipient of the National Institute of Municipal Law Officers Special Distinguished Public Service Award is Mr.Claude L Mullis of
Florida. Mr. Mullis is one of the greatest Municipal Lawyers in our nation. He has served as a private practitioner with the law firms of
Livermore,Klein and Latt,P.A and Mahoney,Hadlow and Adams,P.A.His record as a municipal lawyer is outstanding.He served from 1953-
1973 as Assistant City Attorney for Jacksonville,Florida-From 1974-1978 he was Town Attorney of Orange Park.He was General Counsel of
the Florida League of Cities from 1979-1983 and has also served as Special Counsel to scores of Florida cities which has earned him the much
deserved reputation as Florida's greatest expert in the field of municipal law.
Claude Mullis has been active with NIMLO since 1964 and it was he who, working with NIMLO's Executive Commitee and the
Counsel for State Leagues,put together both the National Municipal Legal Defense Fund and NIMLO's Litigation Center.In times of great
crises over anti-trust claims, Claude Mullis worked diligently nationwide to secure Congressional support of State Leagues through their
General Counsel that resulted in the Local Government Anti-Trust Act of 1984.It was Claude Mullis who helped assemble the shocking list
of punitive damage claims against cities which in the city of Newport case caused the U.S. Supreme Court to hold that punitive damages
were not provided for under §1983 of the Civil Rights Act. He has over the decades worked diligently to secure Congressional support for
restoration by statute of the good faith defense in §1983 cases.
Mr.Mullis has earned the high respect and esteem of NIMLO members for his ever ready assistance on problems too numerous to list
here but nonetheless helpful to NIMLO members throughout the nation.
Mr.Mullis is presently retired from the Florida League of Cities but because of what he has done in his great career of municipal law and
what he continues to do as a municipal law consultant and as City Attorney of Atlantic Beach, NIMLO hereby proudly presents to this
outstanding municipal attorney this Award for Extraordinary Service to NIMLO and to the field of Municipal Law.
'resented this Seventeenth day of October, Nineteen hundred and Eighty-Five.
K,V ia I
Charles S Rhyne . LaMar Shelley
General Counsel President
October 17. 1985
s
•
9th September 1985
We the undersigned, owning properties in section " H "
of Atlantic Beach, Florida, from East of Main Street to Mayport
Road and ori the North and South sides of Levy Road, do hereby
state that we oppose the recommended improvrments made by
the City of Atlantic Beach for said area.
We feel that it is unfair to ask us to pay for sewerage
improvements since we have already paid to have septic tanks
installed, some of which are less than a year old.
James R. and Augusta Jane Patten ,/ -
Blk. 240 Lots 3 & 4 `'1'�'l ", � .
/147
George and Karen McGregorc:231
Blk. 240 Lots 1 & 2
Bessie Teboe r ` 'h
Blk. 3404 - 19 Lot 4
j ch-tOt-)
Alan and Katherin Holston � C� ? J
(
Blk. 231 Lots 3 & 4
illis Owans " �-,�
/• " P/►4/�
- '"-
Alk. 231 Lots 5 & 6
Lester G. and Janice A. Saunders
Blk. 230 Lots 5 & 6 "� ~
Dorothy A. Millner } 2
Blk. 230 Lots 1 & 2
CI
Walter R. and Angelica B. Millner //�
Blk. 230 Lots 3 & 4 /,// 7 ez-e
Blk. 229 Lots 2, 3, & 4
g/96. )2Daniel L. and bebra Millner
Blk 229 Lots 5 & 6 '"ye ,;),tit_ ,10 - (�G
Gary Hale �•
. V
Blk 197 Lots 1 , 2, 4, & 5yis
James R. Patten jr. - , `, 414tr 1 c "
Blk. 231 Lots 1 & 2'--
Betty
--Betty il.dl.ock � �C 2)
Bik197 Lot.� �" `1"-vyz� '� ln�y-
Melinda ✓,/i #4C:� 1-44'
Page 2 continued K
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Doris Ribbon 0 % L�_.�. 21 :"'�4`�' e9
Blk. 232 Lot
Franis Moore / %�U�'X,':c.,:7 i 11; r1k'�
Blk 228 Lots 1, 2, 3, 4, 5, &6 7
011ie R. and Joy Braddock (I)
Blk 227 Lots /i IL 1;13 tul
Jewel Mullis it//__,a_&,t,J2
_iyL/ Gia..6 q S,
Blk. 1199 Lots Li --
Evan Taylor (0(141(441
Blk. Lots
Herbert Cow , QiX�ysc% 1, 6V"' "-jG
Blk. Lots
William and Jenny Echols
Blk. 242 Lots
Otis Peavy
411/ Blk. Lots
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