11-23-87 v AGENDA
ATLANTIC BEACH CITY COMMISSION
November 23, 1987
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the meeting of November 9, 1987
2. Recognition of visitors
3. Committee Reports:
A. Commissioner Edwards to discuss engineering recommendations in
regards to bids received for sewer line rehabilitation point
repairs in Section "A", and the removal and replacement of
nine manholes in the Selva Marina area
4. Action by the City Commission to authorize the Mayor and Clerk to
execute a contract with the Department of Community Affairs for
planning funds for the next fiscal year in the amount of
$17,944.00.
5. Recommendations of the Community Development Board:
11/ A. Application by Homer Humphries and Bill Morgan for concept
approval to re-combine three already platted lots along Beach
Avenue and in the Beachside subdivision
(Community Development Board recommends approval of concept)
6. Action on Ordinances:
A. Ordinance No. 90-87-125
Introduction and first reading of an Ordinance proposing to
rezone the area between Coral Street and Eighteenth Street and
between Seminole Road and Beach Avenue from RG2 to RG1, and
setting a public hearing for December 14, 1987
B. Ordinance No. 90-87-126
Introduction and first reading of an Ordinance approving the
concept and development plan for Seminole Reach and Oceanside
and setting a public hearing for December 14, 1987
C. Ordinance No. 58-87-10
Public hearing and final reading of an Ordinance amending the
Ordinance Code regarding the City retirement system to reduce
vesting time from ten years to five years.
7. Miscellaneous
8. Mayor to call on City Attorney, City Clerk, City Manager and City
II! Commissioners for reports and/or requests
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON NOVEMBER 23, 1987 AT 7 :15PM V V
O O
T T
1RESENT: William S. Howell, Mayor/Presiding Officer E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
William I. Gulliford, Jr. M S
Alan C. Jensen, Commissioners O E
AND: Richard C. Fellows, City Manager
T C
Dan Livermore, Acting City Attorney I 0 Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
COMMRS. ND SO
- 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 the minutes of the meeting of November 9, 1987
Commissioner Cook requested the minutes be corrected on page four to
show the correct voting on motion for passage on first reading for
Ordinance 58-87-10. The minutes reflected Commissioner Edwards voting
twice, both aye and nay. The minutes did not show Commissioner Jensen
voting.
Motion: Minutes of the regular Commission meeting of November 9, Cook x x
1987 be approved as corrected. Edwards x x
Gulliford x
Io discussion before the vote. Motion carried unanimously. Jensen x
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2. Recognition of Visitors
Mr. Fred Mills, the contractor who was building three condominiums at
1851 Beach Ave.for San Marco Realty offered to rebuild the beach access
at 18th street in return for the right to use approximately three feet
of the city's 10-foot access. Mr. Mills said the access was in deplor-
able condition. He would furnish all labor if the city would furnish
the material. His estimated cost was approximately $3,000.
Mayor Howell thanked Mr. Mills for his offer. Relative to Mr. Mills'
statement that the access was in deplorable condition,the Mayor asked
that the record show "that's the way we inherited it from the consolidat-
ed City of Jacksonville when Atlantic Beach annexed that area". Mayor
Howell said he had "very, very serious misgivings about allowing use of
public property for private use". Commissioner Gulliford said "he was
totally opposed to any encroachment on city right-of-way, not only on
Beach access, but also on the road-ways.There were problems that exist
all through the city, particularly along Beach Avenue, because over
the years people have encroached on city right-of-way". Commissioner
Gulliford saw no justification for considering the offer.
The Acting City Attorney, Mr.Livermore told the Commission that with
a public right-of-way, the city would have to determine they did not
.eed the three feet, close that part and abandon it. Then the title
would go to the adjacent property owners. No action was taken.
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NOVEMBER 23, 1987 COMMRS. MSYN
• Committee Reports
A. Commissioner Edwards to discuss engineering recommendations in regards
to bids received for sewer line rehabilitation point repairs in Section
"A", and the removal and replacement of nine manholes in the Selva
Marina area
Commissioner Edwards reported the Committee met at City Hall at 2:00 pn
on Wednesday, November 18th. The City Manager announced two bids had
been received, one from Fraley and Associates, and the other from
Princess Construction. Fraley and Associates bid for the sewer rehabil=-
tation work was $212,435.00, and removing and replacing nine manholes =n
the Selva Marina area was $37,400. for a total of $249,835.00 The bid
of Princess Construction Co. amounted to $375,570. for the sewer rehab=li-
tation work and $89,900. for the removal and replacement of nine manholes
in the Selva Marina area for a total of $465,470.00.
Evaluation of the bids indicated the bidders were the previous bidders
and both had increased their prices, exclusive of the nine manhole pro-
ject. The initial feeling of the committee was the bids were too high
and the engineers should do further study and report back with their
recommendations.
Motion: Reject all bids. Cook x
Edwards x
During discussion over why the bidders had increased their prices so
much, Mr. Jim Jacques of Smith & Gillespie Engineers told the Commission
there was no logic reason for the increase. Mr. Jacques stated that the
bid was put in two parts forming the base bid, an EPA eligible being
part one (1) and a City-funded noneligible part in association with the
line work being part 2 (two) . Mr. Jacques said they could not change
the scope of work in part one, part one being a fixed item of work as
established and approved by EPA. However the scope of work in part two
could be adjusted. He stated that after the first bidding period when
the prices came in high, they decided to reduce the scope of work in
part two. Prices received on this bid for combination of parts one and
two forming the base bid only, showed a substantial increase. Mr.Jacques
felt the contractors were trying to recoup some of their money.
Mr. Cook asked why there were only two bids. Mr. Jacques replied that
they talked to several contractors and the contracting plan rooms who
notify the contractors. Smith and Gillespie notified 33 contractors
by direct mail and 6 plan rooms who have access to over 400 pipeline
contractors. He stated that he had talked to a half a dozen contractors
and they gave varing reasons, two giving the reason they thought someone
else was going to bid the job, one saying he was too busy.
Mr. Cook asked Mr. Jacques if he thought they would get more bids if they
raited until later on in the year. Mr. Jacques said he saw no purpose,
it that time, to immediately rebid. The purpose in waiting until May was
to combine this with the next phase of sewer rehabilitation, which was in
the design stage. Mr. Jacques said they will be aiming toward a second
PAGE THREE V V
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NOVEMBER 23, 1987 COMMRS. MSYN
3A. Committee Report Continued
grant in approximately April or May, 1988. The scope of work will more
than double by combining the two parts.
Commissioner Gulliford wondered if the technical wording in the speci-
fications helped to create the problem of the lack of bidders. Mr.
Jacques responded their specifications were standard specifications
in the industry for that type of work. The work involved was under
EPA regulations, which meant the project would be reviewed during the
study, design, and construction phases by EPA representatives. The
construction phase would be directly inspected by the Corp of Engineers
as well as FDER's construction department. They knew what needs to go
into specifications to make them work. Smith & Gillespie's specifications
were toughen by DER, at their request, to meet the stringent EPA regula-
tions for pipeline work.
Cook x
Following discussion, the question was called, and the motion carried Edwards x
unanimously. Gulliford x
Jensen x
* * * * * * * * * * * * * * * * * * * * * * * * * * ;: * ;e * * Howell x
4. Action by the City Commission to authorize the Mayor and Clerk to
:xecute a contract with the Department of Community Affairs for planning
Bunds for the next fiscal year in the amount of $17,944.00
Motion: Authorize the Mayor and Clerk to execute a contract with Cook x
the Department of Community Affairs for planning funds for Edwards x x
the next fiscal year in the amount of $17,944.00. Gulliford x
Jensen x x
No discussion before the vote. Motion carried unanimously. Howell x
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5. Recommendations of the Community Development Board:
A. Application by Homer Humphries and Bill Morgan for concept approval
to re-combine three already platted lots along Beach Ave. and in the
Beachside subdivision
Mr. Dillon Morgan, representing his family and Mr. Humphries, told the
Commission they were asking for a compromise re-combination of a project
that had previously appeared before the Community Development Board.
They planned to follow the guidelines of the Growth Management Act, 1986
giving the following conditions: reduce the density from 4 to 3 units;
the re-combination would have been allowed, prior to annexation, under
the City of Jacksonville; they now have the written support of the Beach-
side Association who have covenants and restrictions, on part of the
property, that they did not previously have. The Community Development
3oard had also unanimously approved their concept. Mr. Morgan added they
:hought it was an innovative solution to serve the community under special
conditions.
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NOVEMBER 23, 1987 COMMRS. MSYN
D. Recommendations of Community Development Bd. - continued
Mayor Howell asked if Beachside covenants and restrictions had any re-
strictions that would prevent such a project. Mr. Morgan replied
in the negative, but he said Beachside Association had to vote to approve
to have the parcel of property on Beach Avenue added to their subdivis=on.
Following discussion on the possibility of amending our Ordinance, the
Mayor suggested they refer the matter to the City Attorney to research
for a solution, and to report back at the next meeting. Commission agreed.
6. Action on Ordinances:
A. Ordinance NO. 90-87-125 - First reading
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY 07
ATLANTIC BEACH, FLORIDA; AMENDING THE ZONING ATLAS BY REZONING PROPERTY
BOUNDED BY CORAL STREET ON THE SOUTH, EIGHTEENTH STREET ON THE NORTH,
SEMINOLE ROAD ON THE WEST AND BEACH AVENUE ON THE EAST FROM RG-2 RESI-
DENTIAL GENERAL MULTI-FAMILY TO RG1-RESIDENTIAL GENERAL TWO-FAMILY TO
PROVIDE A MORE SUITABLE LAND USE CONSISTENT WITH THE CITY OF ATLANTIC
BEACH COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-87-125 on
first reading.
Motion: Passage of Ordinance No. 90-87-125 on first reading. Cook x
Edwards x x
Gulliford x
During discussion before the vote, Mayor Howell expressed concern over Jensen x x
the possibility that all property owners had not been contacted for Howell x
their approval/and or disapproval. The petition contained approximately
37 signatures and there were 80 parcels of land that would be down-zoned.
He had no objections to the change if all property owners approved. Mr
Fellows told the Commission he would contact Mrs. Julie Anderson who
started the petition, to check for property owners. Following discussion,
the question was called and the motion carried unanimously. Mayor Howe_l
set the Public Hearing for January 11, 1988.
B. Ordinance No. 90-87-126 - First reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH ACCEPTING AND APPROVING LAND
DEVELOPMENT PLAN AND PROPOSAL SUBMITTED BY MR. MICHAEL A. AKEL AND CER-
TAIN CONDITIONS FOR DEVELOPMENT OF LAND IN THE CITY OF ATLANTIC BEACH;
PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-87-126 on
first reading.
Cook x x
Motion: Passage of Ordinance No. 90-87-126 on first reading. Edwards x
Gulliford x x
lo discussion before the vote. Motion carried unanimously. Mayor Jensen x
Howell set the Public Hearing for December 14, 1987. Howell x
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NOVEMBER 23,1987 COMMRS. MSYN
n. Action on Ordinances - continued
C. Ordinance No. 58-87-10 - Public Hearing and final reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, TO PROVIDE VESTING
IN THE CITY RETIREMENT SYSTEM IN FIVE YEARS INSTEAD OF TEN YEARS;
PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing, Ordinance No. 58-87-10 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. The Mayor opened the floor for a Public Hearing and in-
vited comments from the audience. Mr. Richard White, representing the
Pension Board, urged passage of the amendment to the Ordinance. The
Board voted unanimously to recommend passage. They wanted the city's
plan to be competitive with private industry so as to lure employees.
Cost to the city would be negligible. As no one else spoke for or against
the Ordinance, the Mayor declared the Public Hearing closed.
Motion: Passage of Ordinance No. 58-87-10 on second and final Cook x
reading. Edwards x
Gulliford x x
No discussion before the vote. Motion carried with a three to two Jensen x x
vote. Mayor Howell and Commissioner Edwards voted nay. Howell x
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7. Miscellaneous
Commissioner commented he had heard increasing comments over the last
few months about automobile theft and burglaries along Beach Avenue,
and asked for a status report. Chief Thompson reported there had been
a rash of auto burglaries over the last six months throughout that
section. He stepped up patrol and was successful in arresting several
individuals, some juveniles. They have been successful in using officers
in plain clothes and/or unmarked cars along Beach Avenue.
Commissioner Edwards announced the President of The Fl. League of Cities
had appointed him to the Environmental Quality Couuuittee.
Commissioner Gulliford noted for several months he had heard discussions
on the question of what defined "Personal & City Usage of City Vehicles".
Since the Commission was the policy body of the Community, he presented
in full, in writing Resolution NO. 87-42, a Resolution setting policy
for personal use of city vehicles.
Motion: Passage of Resolution NO. 87-42. Cook x
Edwards x x
Gulliford x x
Following discussion, the question was called and the motion carried Jensen x
-nanimously. Howell x
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miscellaneous - continued
Mayor Howell thanked Mr. Livermore for serving as City Attorney
during the meeting. Mr. Livermore was one of the outstanding attorneys
who served on the General Counsel for the City of Jacksonville for
several years, and presently is one of the outstanding Bond Attorneys
in the State of Florida.
Mayor Howell announced a meeting had been held that afternoon with
representatives of the City of Neptune Beach relative to the sewer
connection for the proposed shopping center on Atlantic Blvd. He
will report back when they hear from the developer and his engineer.
The City Manager reported that at the meeting of October 12, 1987, the
Commission received a report from the Professional Services Evaluation
Committee composed of Mr. Mullis, himself and Mr. Johnson. The report
said the proposed engineering fee for Gee & Jenson on the water plant
improvements and Royal Palms water main improvements was $87,330. The
construction observation would be $22,000. additional for a total of
$109,000.00. The contract came back with a total amount of $92,700.00
which included the construction inspections.
Mr. Fellows added the City Commission, on January 12, 1987, approved
the transfer of a utility service agreement assets from SGM & 0 Joint
enture One to C & F Seminole Associates in Rochester. SGM & 0 had
_sked that the transfer be reversed as the sale of the property did
not go through. The agreement was drawn in connection with Seminole
Reach and Oceanside.
Motion: Rescind the motion made on January 12,1987 to approve the Cook x
transfer of a utility service agreement between the City Edwards x x
and SGM & 0, Joint Venture I to C&F Seminole Associates, Gulliford x x
Rochester, New York. Jensen x
Howell x
No discussion before the vote. Motion carried unanimously.
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There being no other business to come before the Commission, the Mayor
declared the meeting adjourned.
1, , 4`1
illia ` . Howell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker
^ity Clerk
RESOLUTION NO. 87-42
A RESOLUTION SETTING POLICY FOR PERSONAL USE OF CITY VEHICLES
'
Whereas~ the Commission of the City of Atlantic Beach recognizes
the public trust placed in this body, and;
Whereas, it specifically recognizes that unauthorized
personal use of City vehicles and equipment is a violation of that
public trust, be it resolved that the following policy is in
effect from the date of its passage, and;
Whereas, there is to be no personal use of City equipment and
vehicles. The only exception is when the individual assigned to a
vehicle is on emergency call . the definition of "emergency call "
will limit the operation of the vehicle within the confines of the
Beaches area and Mayport, and;
Whereas, the Beaches area is that area bounded on the North
by the St. Johns River; on the East by the Atlantic Ocean; on the
South by Solerno Road; and on the West by the Intercoastal Waterway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA that commuting to and from work
with a City owned vehicle is prohibited except when the driver of
that vehicle is on twenty four hour call , and then only if the
individual resides in Atlantic Beach. Violation of this policy by
any employee of the City of Atlantic Beach shall necessitate
immediate dismissal .
Adopted by the City Commission of Atlantic Beach, Florida
this 23rd day of November, 1987.
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lli - o S. Howell , Mayor
Approv d s to Form and Content:
Claude L. Mullis, City Attorney
ATTEST:
3
/,L/�_ ��'�� �/�_-___
Adelaide R. Tucker, City Clerk