01-08-96 v CITY OF ATLANTIC BEACH
January 8, 1996
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Meeting December 11, and Special Called Meeting
of December 27, 1995
2. Recognition of Visitors:
A. Proclamation declaring January 20, 1996, as Arbor Day in Atlantic Beach
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
3. Unfinished Business:
A. Ratify contract between the City of Atlantic Beach and Professional Fire
Fighters of Jacksonville Beach, Local 2622 (Jim Jarboe)
B. Authorize the Mayor to take needed action relative to engineering study for capital
projects
C. Appointments to the Community Development Board (2)
4. Consent Agenda:
A. Acknowledge receipt of Public Works Status Report (Bob Kosoy)
B. Acknowledge receipt of Parks and Recreation Facilities Usage Report for December
1995 (Timmy Johnson)
C. Acknowledge Receipt of Building Department report for December 1995 (Don Ford)
D. Acknowledge receipt of Code Enforcement report for December 1995 (Karl
Grunewald)
E. Acknowledge Fire Department reports for November and December, 1995 (Chief
Ruley)
5. Action on Resolutions:
A. Adoption of Resolution No. 96-1 appointing James R. Jarboe as City Manager,
and fixing his duties and rate of compensation
B. Adoption of Resolution No. 96-2 setting and maintaining the general government
mileage rate at the IRS established rate
6. Action on Ordinances:
A. Introduction and first reading of Ordinance No. 58-96-21 amending Chapter 2,
Administration; Article VI, Employee Benefits; Division 3, Retirement System;
Section 2-298,to bring eligible refunded member contributions within the framework
of Internal Revenue Code Section 401(a)(31); adding a new section 2-299 providing
for benefit limitations pursuant to Internal Revenue Code Section 415 and required
distributions pursuant to Internal Revenue Code Section 401(a)(9)
B. Public hearing and final reading of Ordinance No. 5-95-26, providing for the
appointment of a Director of Public Safety
7. New Business:
A. Authorize purchase of Digital 4-Gas Analyzer pursuant to the specifications of Bid
No. 9596-3 from Automotive Concepts/Diagnostics at a cost of$5,088.00 (Bob
Kosoy)
B. Authorize purchase of 12,000 lb. 4-Post Automotive Lift pursuant to the
specifications of Bid No. 9596-3 from Atlantic Auto Suppliers, Inc., at a cost of
$3,999.00 (Bob Kosoy)
C. Authorize purchase of refrigerant recycler pursuant to the specifications of Bid No.
9596-3 from NAPA Auto Parts at a cost of$2,599.99 (Bob Kosoy)
D. Authorize the City Manager to appoint a Director of Public Safety(Jim Jarboe)
E. Discussion relative to annual report to citizens (Comm. Meserve)
8. City Manager Reports and/or Correspondence:
. Status report on building activities in Atlantic Beach in 1995 (Don Ford)
Status report on construction of Donner Park community center (Don Ford)
,,e Report on discussions with the U.S. Coast Guard and the City of Jacksonville relative
to construction of a sewer line to serve the Coast Guard station in Mayport (Jim
` Jarboe)
®/ Report on Preservation 2000 Grant (George Worley)
\E. Status report on Capital Improvement Projects (Bob Kosoy)
F. Schedule workshop to discuss street ends, Howell Park, and Parks & Recreation
budget projects, etc. (Jim Jarboe)
9. Reports and/or requests from City Commissioners, City Attorney and City
Clerk
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
+ i
V V
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH 0 0
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, T T
AT 7:15 PM ON MONDAY, JANUARY 8, 1996 E E
D D
PRESENT: Lyman T. Fletcher, Mayor
John Meserve M S
Tim Reed 0 E
Steve Rosenbloom T C
I O Y
Suzanne Shaughnessy, Commissioners NAME OF ON EN
COMMRS. N D S 0
•� �: im ars oe, • c ing 1 y • anage
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order. The invocation was followed by the pledge
to the flag.
1. Approval of the minutes of the Regular Meeting of December
11. and Special Called Meeting of December 27. 1995
ME SERVE X X
REED X
Motion: Approve minutes of the regular meeting of ROSENBLOOM X
December 11, 1995 SHAUGHNESSY X X
FLETCHER X
No discussion before the vote. The motion carried unanimously.
Motion: Approve minutes of the Special Called meetingof ME SERVE X
PP p REED X X
December 27, 1995 ROSENBLOOM X x
SHAUGHNESSY X
No discussion before the vote. The motion carried unanimously. FLETCHER X
2. Recognition of Visitors:
A. Proclamation declaring January 20, 1996 as Arbor Day
in Atlantic Beach
Mayor Fletcher read the Proclamation in its entirety. Carl Walker,
Beautification Coordinator, explained the activities which would be
undertaken by the City in recognition of Arbor Day.
Betty Chinnis, 701 Beach Avenue, Unit 103, reported that on December
27, 1995 as she was walking her small dog on the beach she was attacked
and bitten by two pit bull dogs belonging to Champ Kaufmann. She read
from a report indicating what had transpired relative to the attack and
containing recommendations to revise the city's animal control ordinance
(report dated January 8, 1996 attached hereto and made a part hereof-
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January 8, 1006
Exhibit A).
Tom Murray, 701 Beach Avenue Unit 102, indicated he also experienced
problems concerning unleashed dogs.
Sally H. Vermillion, 701 Beach Avenue, indicated she had been a witness
to the attack on Betty Chinnis, and that reports and sworn affidavits had
been filed with the Police Department. She presented the Commission with
a report dated January 8, 1996 which contained recommendations to revise
the city's animal control ordinance (attached hereto and made a part hereof-
Exhibit B).
Chief Thompson was directed to make recommendations to revise and
strengthen the animal control ordinance.
Curtis Sanders, 2320 Barefoot Trace, inquired regarding citizens receiving
reduced taxes as a result of the settlement with the City of Jacksonville.
Mayor Fletcher reported this was already in effect and he indicated he would
look into the matter. Mr. Sanders inquired regarding the paving of Sherry
Drive and the Mayor explained infrastructure would be done first, followed
by paving.
Stuart Hicks, 2334 Beachcomber Trail, referred to proposed Ordinance No.
58-96-21 concerning employee benefits in the city's retirement system. He
explained the Pension Board had not had an opportunity to examine the
proposed ordinance.
Stephen Kuti, 1132 Linkside Drive, referred to a complaint relative to a
water bill that had appeared in the form of a letter in the daily newspaper.
He questioned the accuracy of water meters and readings and he requested
that rates be reviewed.
Avia Jones, 1584 Cove Landing Drive, requested that her water bill be
adjusted and also that the Water Department be investigated. She provided
a summary of water usage and bills she had received over a two and one-half
year period (attached hereto and made a part hereof- Exhibit C).
Stacey Hecht, 1197 Songbird Lane, indicated she was on a payment plan
with the city to pay off an outstanding high water bill. She complained her
water bills had been excessively high and requested an adjustment to her bill.
Mayor Fletcher indicated the city would look into customer complaints. He
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January R, 1996,
explained there was a sur-charge for those citizens who lived outside the city
limits of Atlantic Beach; he indicated Atlantic Beach citizens built and paid
for the existing water plants and thus experienced lower water bills. He
explained before the end of the year the city would be having monthly billing.
It was also explained the cost of chlorine had doubled from the price last
year, and that there were four different water plants to service within the
city. Under further discussion, it was explained staff did not have discretion
to adjust water bills under the existing ordinance.
3. Unfinished Business:
A Ratify contract between the City of Atlantic Beach and
Professional Fire Fighters of Jacksonville Beach, Local
2622
Jim Jarboe, Acting City Manager, explained the contract was before the
Commission for action, if they so desired.
MESERVE X
Motion: Ratify contract between the City of Atlantic REED X
ROSENBLOOM X
Beach and Professional Fire Fighters of Jacksonville SHAUGHNESSY X X
Beach, Local 2622 FLETCHER X X
Commissioner Shaughnessy felt the contract should be ratified. She
indicated the city never had a complaint about the Fire Department, and that
they were paid the lowest rate in the area including surrounding coastal
communities. She felt in order to maintain a good department the city
should not pay the lowest rate in the area.
Other Commissioners expressed concerns as follows: it was felt that
contracts with all union groups should be handled simultaneously, that the
issue was not the quality of service but the affordability of the contract, and
that the commission needed additional information before acting on the
contract.
Mayor Fletcher expressed concern relative to the turnover in the Fire
Department, and he felt a three year contract would provide stability in the
Fire Department.
Following further discussion the question was called and the vote resulted in
3-2 with Commissioners Merseve, Reed, and Rosenbloom voting nay. The
motion failed.
B. Authorize the Mayor to take needed action relative to
engineering study for capital projects
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January R, W9k.
It was explained the engineering study for capital projects had been
discussed in a previous meeting and that it was necessary for the commission
to take formal action.
MESERVE X X
Motion: Authorize consulting engineering report for REED X
capital projects, as required by bond documents ROSENBLOOM x
SHAUGHNESSY X
Following a brief discussion the question was called and the motion carried FLETCHER X X
unanimously.
C. Appointments to the Community Development Board
Mayor Fletcher nominated Don Wolfson to serve on the Community
Development Board. MESERVE X
REED X
Motion: Appoint Don Wolfson to serve on the ROSENBLOOM X
Community Development Board. SHAUGHNESSY X X
FLETCHER X X
No discussion before the vote. The motion carried unanimously.
Mayor Fletcher nominated Buzzy Grunthal to serve on the Community
Development Board.
MESERVE X
Motion: Appoint Buzzy Grunthal to serve on the REED X X
Community Development Board. ROSENBLOOM X
SHAUGHNESSY X
No discussion before the vote. The motion carried unanimously. FLETCHER X X
4. Consent Agenda:
A. Acknowledge receipt of Public Works Status Report
B. Acknowledge receipt of Parks and Recreation Facilities
Usage Report for December 1995
C. Acknowledge Receipt of Building Department report for
December 1995
D. Acknowledge receipt of Code Enforcement report for
December 1995
E. Acknowledge Fire Department reports for November and
December, 1995
The Commission accepted and approved the items on the Consent Agenda.
5. Action on Resolutions:
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Januar y s 1.996
A. Resolution No. 96-1 - A RESOLUTION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, APPOINTING
JAMES R. JARBOE AS CITY MANAGER, FIXING
HIS DUTIES AND RATE OF COMPENSATION, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Resolution No. 96-1.
MESERVE X X
Motion: Approve passage of Resolution 96-1 REED X
ROSENBLOOM X X
No discussion before the vote. The motion carried unanimously. SHAUGHNESSY X
FLETCHER X
B. Resolution No. 96-2 - A RESOLUTION OF THE CITY
OF ATLANTIC BEACH, FLORIDA SETTING AND
MAINTAINING THE GENERAL GOVERNMENT
MILEAGE RATE AT THE IRS ESTABLISHED RATE
Mayor Fletcher presented in full, in writing, Resolution No. 96-2.
MESERVE X X
REED X X
Motion: Approve passage of Resolution 96-2 ROSENBLOOM X
SHAUGHNESSY X
Following brief discussion the question was asked and the motion carried FLETCHER X
unanimously.
6. Action on Ordinances:
A. Ordinance No. 58-96-21 - First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2,ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT
SYSTEM, SEC. 2-279(a)AND (b) , DISABILITY RETIREMENT,
SEC. 2-298(a), MEMBER CONTRIBUTIONS, AND ADDING 2-
298(d), TO BRING ELIGIBLE REFUNDED MEMBER
CONTRIBUTIONS WITHIN THE FRAMEWORK OF INTERNAL
REVENUE CODE SECTION 401(a)(31); ADDING A NEW SECTION
2-299 PROVIDING FOR BENEFIT LIMITATIONS PURSUANT TO
INTERNAL REVENUE CODE SECTION 415 AND REQUIRED
DISTRIBUTIONS PURSUANT TO INTERNAL REVENUE CODE
SECTION 401(a)(9),AND PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 58-96-21.
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January 8, 1996
It was determined since the Pension Board met on February 6th, 1996 the
placing of the proposed ordinance on the February 12, 1996 agenda would
allow time for the Board to examine the proposed ordinance. It was also
explained that Jim Jarboe and Ann Meuse would give further information
concerning the need to pass the ordinance at the public hearing.
MESERVE X X
Motion: Approve passage of Ordinance 58-96-21 on first REED x X
reading and set public hearing for February 12, 1996 ROSENBLOOM X
SHAUGHNESSY X
Following a brief discussion the question was called and the motion carried FLETCHER X
unanimously.
B. Ordinance NO. 5-95-26 - Public Hearing and final reading.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE, IV, DEPARTMENTS, DIVISION 1, GENERALLY, SEC.
2-41, DIRECTOR OF PUBLIC SAFETY, BY PROVIDING FOR THE
APPOINTMENT OF A DIRECTOR OF PUBLIC SAFETY, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 5-95-26, said
ordinance having been posted in accordance with Charter requirements.
Jim Jarboe explained the purpose of the ordinance was to bring public safety
elements together under one format. Also, the ordinance would allow the
city to address emergency preparedness as a united effort. He explained the
appointment of the Public Safety Director would appear later on the agenda
and he suggested David Thompson, Chief of Police be appointed to fill the
position.
The Mayor opened the floor for a public hearing and invited comments from
the audience. Since no one wished to speak the Mayor closed the public
hearing.
Mr. Jarboe was commended for proposing the new ordinance.
Commissioner Meserve asked that the city re-investigate the way it would
manage a disaster.
MOTION: Approve passage of Ordinance No. 5-95-26 MESERVE X
on final readi4g REED X X
ROSENBLOOM X
SHAUGHNESSY X X
No discussion before the vote. The motion carried unanimously. FLETCHER X
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January 8, 1996
Item 7D was taken out of sequence and acted upon
7D. Authorize the City Manager to appoint a Director of
Public Safety
MESERVE X
Motion: Appoint David Thompson to be Director of REED X X
Public Safety and John Campbell to be Deputy Chief ROSENBLOOM x
of the Police Department SHAUGHNESSY X X
FLETCHER X
No discussion before the vote. The motion carried unanimously.
7. New Business:
A. Authorize purchase of Digital 4-Gas Analyzer pursuant
to the specifications of Bid No. 9596-3 from Automotive
Concepts/Diagnostics at a cost of$5,088.00
Bob Kosoy explained the Digital 4-Gas Analyzer was needed to maintain the
city's fleet of vehicles for emission standards and to help find and repair
problems. He recommended purchasing the Digital 4-Gas Analyzer from
Automotive Concepts/Diagnostics for $5,088.00
MESERVE X X
Motion: Authorize purchase of Digital 4-Gas Analyzer REED X
pursuant to the specifications of Bid No. 9596-3 from ROSENBLOOM X X
Automotive Concepts/Diagnostics at a cost of$5,088.00 SHAUGHNESSY X
FLETCHER X
Following a brief discussion the question was called and the motion carried
unanimously.
B. Authorize purchase of 12,000 lb. 4-post Automotive Lift
pursuant to the specifications of Bid No. 9596-3 from
Atlantic Auto Suppliers, Inc., at a cost of$3,999.00
Bob Kosoy explained the current lift was old and deteriorating and was not
able to handle the larger trucks. Also, he added, there were times when two
lifts were needed. He recommended purchasing a 12,000 lb. Four Post Lift
from Atlantic Auto Suppliers, Inc. with a price of$3,990.00 installed. He
explained the electrical hookup was done by the city and $9,000 had been
budgeted.
MESERVE X X
REED X
Motion: Authorize purchase of 12,000 lb. 4-post ROSENBLOOM X X
Automotive Lift pursuant to the specifications of Bid No. SHAUGHNESSY X
9596-3 from Atlantic Auto Suppliers, Inc., at a cost of FLETCHER X
$3,999.00.
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January- 1990
Following a brief discussion the question was called and the motion carried
unanimously.
C. Authorize purchase of refrigerant recycler pursuant to
the specifications of Bid No. 9596-3 from NAPA Auto
Parts at a cost of$2,599.99
Bob Kosoy explained federal law required the city to have a recycled
recovery machine for 131-A Freon in conjunction with maintenance of A/C
units in City vehicles. He recommended purchase from NAPA Auto Parts
who met the specifications and submitted the lowest bid of$2,599.99.
MESERVE X X
Motion: Authorize purchase of refrigerant recycler REED X
pursuant to the specifications of Bid No. 9596-3 from ROSENBNESS X X
NAPA Auto Parts at a cost of$2,599.99 FLETCHRSSY X
FLETCHER X
Following brief discussion the question was called and the motion carried
unanimously.
D. Authorize the City Manager to appoint a Director of
Public Safety (this was acted on earlier in the agenda)
E. Discussion relative to annual report to citizens
Commissioner Meserve suggested city departments report concerning prior
year activities. He felt it would be an opportunity to look back on the year
that had passed. He suggested perhaps having some type of newsletter to
the citizens of Atlantic Beach under the direction of the City Manager.
During discussion, Commissioner Meserve indicated he felt the reports
should be divorced from the budget cycle and should be compiled according
to the calendar year rather than the fiscal year. Other commissioners
indicated they were in favor of the concept.
8. City Manager Reports and/or Correspondence:
A. Status report on building activities in Atlantic Beach in
1995
Don Ford, Building Official, gave an overview of building activities in the
city during the past year. He report there had been a $13,000,000 valuation
of new construction and remodeling.
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January 8, 1996
B. Status report on construction of Donner Park community
center
Don Ford gave a report concerning the Donner Community Center
construction. He indicated the Community Center was at the 10 percent
completion point, and that the substantial completion date was April 15,
1996.
C. Report on discussions with the U. S. Coast Guard and the
City of Jacksonville relative to construction of a sewer
line to serve the Coast Guard station in Mayort
Jim Jarboe reported the village of Mayport might receive sewer service for
the first time, with funding for the installation provided by the U. S. Coast
Guard. He indicated representatives of the Coast Guard, the City of Atlantic
Beach, and Jacksonville agreed at a recent meeting to move forward with
plans to install a sewer line from the village of Mayport to Atlantic
Beach's Buccaneer plant at Assisi Lane. Mr. Jarboe reported if all parties
were in agreement at an upcoming meeting, water and sewer engineers from
both Jacksonville and Atlantic Beach would develop a plan for the sewer
line. The plan would then be discussed with the Coast Guard, before being
brought before the Commission in February for a final decision.
D. Report on Preservation 2000 Grant
George Worley, City Planner, reported confirmation had been received that
the city had been funded for reimbursement for the purchased cost of the
Tresca Property.
Tom Dumas reported Dutton Island also had been funded from the State
Preservation 2000 Grant for approximately $500,00 He commended the
Mayor and Commission for their vision in pursuing the preservation of this
area.
E. Status report on Capital Improvement Projects
Bob Kosoy presented a report concerning the status of capital improvement
projects as of January 5, 1996 (attached hereto and made a part hereof-
Exhibit D).
F. Schedule workshop to discuss street ends, Howell Park,
and Parks & recreation budget projects, etc.
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_January 8, 1996
Mayor Fletcher indicated a workshop should be scheduled to discuss
beautification of beach accesses and parks, and also the proposed tree
ordinance. Commissioner Meserve asked that the Tree Committee be given
the opportunity to utilize the suggestions made by interested citizens to
prepare a revised document. The City Clerk was asked to schedule a
workshop within the next two weeks.
9. Reports and/or requests from City Commissioners, City
Attorney, and City Clerk
Maureen King, City Clerk, referred to a 1996 Institute for Elected
Municipal Officials seminar which would be held February 2 -4, 1996. New
commissioners were encouraged to attend the seminar.
Commissioner Rosenbloom:
. . .suggested that perhaps there could be a community activity to have a
bonfire on the beach for the purpose of burning Christmas Trees
. . .suggested the City sponsor an Atlantic Beach film festival at the
Community Center. Mayor Fletcher suggested calling Iva Larson Coplan,
Chairperson of the Cultural Arts Board.
Commissioner Reed:
. . .inquired concerning recent activity of the Teen Council. Mayor Fletcher
explained the Council had been meeting and scheduling activities, and that
perhaps a report could be made to the Commission.
Commissioner Shaughnessy:
. . .requested that the matter of fixing the rate of compensation for the City
Clerk be placed on the agenda.
. . .indicated the Cultural Arts Board planned to have a bonfire in Russell
Park in conjunction with First Night activities and suggested perhaps
Commissioner Rosenbloom's idea for a bonfire could be incorporated with
this plan
. . .inquired as to disposal of Christmas trees, to which it was explained the
existing plan was to recycle trees from which mulch was created.
Commissioner Meserve:
. . .reported on January 24, 1996 a new ferry would be delivered to Mayport.
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Tbnnary S, 1996
There being no further business the Mayor adjourned the meeting at
9:45 p. m.
4IWP
,of . T. Fletcher
Mayor/Presiding Officer
ATTEST:
f�cti2e.�J z ,
Ma n King,City Cle
Jg/96
1-14.0
MEMORANDUM FOR ATLANTIC BEACH CITY COUNCIL
January 8 , 1996
Re : Animal Control
On Wednesday, December 27 , 1995 , I was walking my 9 3/4 lb
miniature schnauzer on the beach shortly after 7 : 00 A.M. I
heard a man yelling at the top of his lungs , and looked up to
see what his problem was , and saw that he was yelling at his
dogs to come back to him. (The man was approximately four
blocks south of me . ) They were racing towards me. I picked
up my dog and the two dogs attacked us . They were up on their
hind legs all over me, trying to get my dog. They bit me on
both arms , and bit my dog on her paw. I was screaming
repeatedly, as loudly as I could. When the man caught up with
us , he had to pull the dogs off me , one at a time and attach
their leashes .
After the dogs were leashed, the man started to leave the
beach , going up the Seventh Street access . I asked him his
name, and he ignored me. I screamed over and over, "What is
your name? Please tell me your name ! Your dogs bit me . I 'm
bleeding! " , and he kept walking up the ramp, never
responding. I finally screamed for him to at least tell me if
his dogs had been vaccinated and he replied, "Yes , they
have . " He kept on walking up the ramp, and never responded
further to me .
One of my neighbors , Lauren Arn, (Unit 104 ) , came down the
ramp toward the man, and I yelled at Lauren to stop him - that
his dogs had bitten me and I was bleeding, and he wouldn' t
tell me his name . About that time, another neighbor, Charlie
Vermillion (Unit 204 ) , came out , and asked the man what his
name was . He finally said his name was Champ Kaufmann.
One of my neighbors called 911 for the rescue unit and police.
Charlie Vermillion followed the man home in his car, to make
sure he had given the right address . The rescue unit came and
boiled out my wounds with peroxide and wrapped them in
bandages , and told me to go to the emergency room at Beaches • --
Baptist Hospital for further treatment. Charlie Vermillion
took me to the emergency room and his wife Sally, took my dog
to Beaches Animal Clinic .
At the emergency room, I had three stitches on the inside of
my right arm. There was also a puncture wound on my left
elbow that did not require stitches . There was also a huge
bruise on the inside of my left elbow caused by a bite that
did not go through my clothes . I was given a tetenus shot, a
prescription for an antibiotic, and told to return within 48
hours for a check-up. ( I did return on Friday, and was told
to return in six days to have the stitches removed. )
It should be noted that the day of the incident was a very
cold day. I had on a T-shirt, sweat shirt and sweat pants , and
a full-length all-weather coat . I had on a hat, a scarf
around my neck, and gloves . If it were not for that
protective clothing, there is no doubt that my wounds would
have been much more severe .
My dog had a puncture wound on her front paw. The vet gave
her a shot and ointment that has to be applied twice daily. He
told Sally that if I hadn' t picked her up, the dogs would have
killed her.
That same day, BeeJay Lester, Atlantic Beach Animal Control
Officer, visited my home to tell me that the two dogs were
under ten days quarantine at Shoreline Veterinarian. She said
she had cited the owner $25 . 00 because of the bite and the
fact that one of the dogs did not have a City of Atlantic
Beach tag . She said she was unable to cite the owner for
letting the dogs off the leash, as she nor a police officer
had witnessed it . She also said one of the dogs had
previously got loose and she had kept it in jail and the
owner had to pay to get it out .
Miss Lester explained the procedure for petitioning to have
the dogs declared "dangerous" under Florida Statute 787 . 12 and
under Atlantic Beach Animal Ordinance Sec . 4-28 "Vicious
Dogs" . She said she would start the paperwork necessary to do
so. She also told me that the owner of the dogs was required
to pay any medical and vet expenses associated with the attack.
She told me to call Gail Tucker, a Health Officer at Rabies
Control for the State of Florida to pursue having the dogs
euthanized. I did so, and was told I would have to go to the
State Attorney' s office at the Duval County Courthouse and
file suit in civil court . She said in the twelve years she
had worked for Rabies Control , she could recall three
instances , only, when the judge ruled that the dog in question
had to be euthanized.
On January 2 , Miss Lester came to my house with the "dangerous
dog" affadavit forms . That same day, Lauren Arn, Charlie
Vermillion, Sally Vermillion, and I filed the sworn affadavits
at the Atlantic Beach Police Department . BeeJay sent a letter ,
dated January 2 , to the owner advising him of the affadavits
and that he had seven calendar days in which to appeal . An
appeal would result in a hearing before the Code Enforcement
, Board .
This morning , BeeJay Lester telephoned to let me know that the
female dog attacked another dog while quarantined at.
Shorelines . At the vet ' s recommendation, the owner had her
put to sleep. The owner told BeeJay that the other dog is now
secured inside an apartment in Jacksonville Beach . She will
verify with the Jax Beach Animal Control Officer, Mr. Wade,
that a Jax Beach tag has been obtained.
On December 30 , I sent the owner copies of vet and prescription
bills totalling $66 . 09 , requesting reimbursement . In my
letter I said I would forward the doctor and hospital bills
when I received them. I have not yet received acknowledgement
of my letter. My letter was sent to the owner' s address as
shown on the police report, which I understand is his parents '
home . I do not know the address of the apartment in
Jacksonville Beach. Miss Lester would not give it to me.
My questions concerning animal control in Atlantic Beach follow:
1 . According to Miss Lester, a citation cannot be issued
an owner for allowing a dog to run loose unless this
is witnessed by her or a police officer . If this is
correct , is this adequate enforcement? Why can' t
eye-witness accounts from two or more Atlantic Beach
citizens suffice?
2 . Is the fine currently levied with the citation
sufficient? $25 . 00 for an attack resulting in bites
to another dog and a human being is insufficient to
serve as a deterrent , in my opinion.
3 . Should the City of Atlantic Beach have the authority.
to have a dog that attacks and bites or mauls a human
being euthanized? I think it should.
I appreciate the Council ' s willingness to hear my story
and allowing me the opportunity to express my concerns .
Betty Dendy Chinnis
701 Beach Avenue , Unit 103
Atlantic Beach , Florida 32233
Exhibit .& /WI&
mi ,,a tes
TO: ATLANTIC BEACH CITY COUNCIL
FROM: SALLY H. VERMILLION
SUBJECT: ATLANTIC BEACH ANIMAL CONTROL ORDINANCE
DATE: JANUARY 8 , 1996
My name is Sally H. Vermillion. I live at 701 Beach Ave. , Le Chateau
Condominium, Unit # 204, Atlantic Beach, Florida, 32233 .
I am in attendance at the City Council Meeting tonight as a direct
result of a vicious dog attack on a neighbor that occurred on Wednesday,
December 27, 1995 . Reports and sworn affidavits have been filed with
the Atlantic Beach Police Dept. and animal control describing the event. . .
therefore, I will not take up time to give further details unless asked
to do so.
Before I make my comments, I would like to state that I am a dog owner. . .
and I would like to be able to walk my dog on the beach without the
fear of an unleashed dog attacking my dog and/or me.
My reasons for addressing the council are to raise some questions,
make some constructive suggestions and to express my concerns with
regard to the lack of enforcement of the Atlantic Beach Animal Control
Ordinance. . .the provisions of which are stated to be in effect
throughout Atlantic Beach 24 hours a day.
Living on the beach itself, I am most familiar with the problems that
exist in my immediate and surrounding area. I find the 2 most glaring
offenses to be the violations of the following, provisions in the
ordinance. . .both are clearly stated as such:
a. Dog owners must carry some sort of clean-up
material with which to remove the animal ' s defecation
from the beach, etc. . . feces should be deposited in a
trash container .
b. When your dog is off yourproperty, it must be on
a leash not to exceed 12 feet in length with the leash
held by the owner/handler. The ONLY exception is when
the dog is with its owner/habdler swimming in the ocean.
The owner/handler must then immediately re-leash the
dog before returning to the beach.
At least z of the people walking dog on the beach completely ignore
the provisions of this ordinance. . . for this reason, I am reluctant to' f
walk my dog on the beach without constantly looking over my shoulder
and without a can of survelliance-pepper-spray in hand. . .as a false
sense of security,
CITY COUNCIL MEETING
JANUARY 8 , 1996
S . VERMILLION
PAGE 2
The ordinance further states the following in reference to violations :
No person shall interfere with the Animal Control
Officer in the enforcement of this ordinance.
Violation of this ordinance is a civil infrction
resulting in a fine of $25 ( 1st offense) ,
$40 ( 2nd offense) and $75 for each subsequent
violation. The Animal Control Officer has
the authority to issue the citations.
Warnings have little or no impact . . . for example: last Thurs . or
Friday a man was on the beach with his dog without a leash. . .he was
stopped and warned - by Animal Control in- regard to the offense. . .
as soon as Animal Control was out of sight, the man let the dog off
the leash again !
WE HAVE AN ORDINANCE. . .WE SHOULD ENFORCE IT. . .there is nothing wrong
with having a nice, clean beach free of dog feces ! ! ! AND, there
should be nothing wrong with being able to walk your pet on the
beach without fear of being attacked ! ! !
Perhaps we need to have stiffer fines . . .perhaps we need to issue
citations on the 1st offense instead of giving warnings . . .perhaps
then Atlantic Beach will develop a reputation; where people will
stop and think twice before allowing their dogs to ruin our beach.
I said before that I am a dog owner and that I walk & exercise my
dog on the beach. . .however, if we cannot find a way to better
enforce the Animal Control Ordinance to where our citizens feel
safe and protected. then perhaps we should consider banning all
animals from the beach. . . I sincerely hope this never happens !
•
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I CONTACTED three plumbers---they all told me high water consumption is
; ' caused by a bad meter or a leak.
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C .Gu '✓-`6,I /lam �✓�-y�t/—}y,v, /r /
The plumber w�fs unable to find a leak---however, water cbnsumption
DECREASED with a different meter. . .I take the same amount of baths,
dirty the same amount of clothes and dishes, etc. . .WHY THE LOWER
READINGS???
I REQUEST my $250 water bill of be WAIVED, as I could not and did not
use 79,000 gallons of water.
I REQUEST A THOROUGH INVESTIAGITON be made of all aspects of the water
department.
1. RATES: Why do rates differ according to area you live?
Why do rates increase each year?
What is the ratio of income vs expenditures for the
water dept?
2. METERS: If meters are 100 % Accurate why do water consumption
vary so vastly?
3. MANAGEMENT: Why does management ignore the problems and the
citizens?
I REQUEST that the commission require this matter and all citizen
complaints on the dispute list./.,..within the next 30 days?
I FURTHER REQUEST A PROCEDURE BE ESTABLISHED TO handle citizen
problems.. .in an effort to seek solutions.
Exh/' J, / D //g/ 96
1174 te7LCAPITAL IMPROVEMENT PLAN PROJECT STATUS REPORT
11611/ SUBMITTED BY:
ROBERT S.KOS Y,P.E.
DIRECTOR OF PUBLIC WORKS
3t•A f�' a {��r° i- •^�.:_.•{ b R ? r r:Y 'xL
1. NEW WELL CONSTRUCTION WATER 1. STAFF WILL REVIEW PRELIMINARY PLANS
TREATMENT PLANT#2 FOR WELL
2. WATER&SEWER IMPROVEMENTS OAK 2. STAFF HAS REVIEWED 90%PLANS AND
HARBOR RETURNED TO DESIGN ENGINEER FOR
COMPLETION OF BID PACKAGE
3. WATER METER INSTALLATION AT CITY 3. WILL PREPARE INVENTORY OF ALL
FACILITIES LOCATIONS THIS WINTER
4. CORROSION REDUCTION UNIT FOR 4. WILL INCORPORATE INTO WATER
WATER SYSTEM TREATMENT IMPROVEMENT
PROJECT AT ASSISI LANE
5. WATER&SEWER IMPROVEMENTS 5. PERMITS ARE BEING REVIEWED
BEACH AVENUE
6. WATER MAIN UPGRADES VARIOUS 6. THE WA MK MAIN UPGRADES
LOCATIONS WITHIN THE STORMWATER BASINS
OF PROJECT NO 12 WILL BE
DESIGNED AS PART OF PROJECT NO.
12. THE OCEANWALK WATER LINE
HAS BEEN DESIGNED&BIDS WILL BE
IlkOPENED ON FEBRUARY 1,1996
7. SEWER REHABILITATION ATLANTIC 7. THE SEWER REHAB.WORK WITHIN
BEACH&BUCCANEER SYSTEMS THE STORMWATER BASINS OF
PROJECT NO. 12 WILL BE DESIGNED
AS PART OF PROJECT NO. 12.
THE SHERRY DRIVE SEWER LINE
WILL BE SLIPLINED AS PART OF
THE SALTAIR SUBDIVISION
PROJECT.
8. NEW MASTER LIFT STATION 8. THIS PROJECT WILL BE DESIGNED AS
BUCCANEER WASTEWATER PLANT PART OF PROJECT NO.9
9. FACILITY IMPROVEMENTS BUCCANEER 9. REQUEST FOR ENG'G PROPOSALS
WASTEWATER PLANT DUE 2/22/96. HARRY MCNALLY MET
WITH ONE INTERESTED FIRM TO
EXPLAIN PROJECT PARAMETERS
10. SULPHUR DIOXIDE 10. COMPLETE
INSTRUMENTATION&CONTROL
11. INFLUENT FLOW METER& 11. THIS PROJECT WILL PROBABLY BE
CONTROLS INCORPORATED INTO PROJECT
NO.9
12. STORMWATER MASTER PLAN 12. REQUEST FOR ENG'G PROPOSALS
CITY-WIDE IMPLEMENTATION DUE 2/15/96. PW DIRECTOR MET
WITH THOSE INTERESTED FIRMS
THIS WEEK TO EXPLAIN PROJECT
PARAMETERS