05-13-74 v CITY OF ATLANTIC BEACH, FLORIDA
AGENDA
MAY 13, 1974
1 . Call to Order
2 . Invocation
3 . Approval of the Minutes of April 22, 1974
4. Recognition of Visitors
5. Correspondence
6 . Commission Consideration
A. Bid Opening - Fire Engine
B. Bid Award - Water Plant
C. Ordinance No. 90-74-62 Additional Consideration
D. Sewer Service for West 4th Street - Preliminary Information
E. Request Trailer Section H - 0. R. Braddock, Jr.
F. Request for Sewer and Water - Mr. Howard Harvel
G. Request for Sewer and Water - Mr. Harry G. Warnock, Jr.
H, Uncompleted Park Selva Farina (Petition submitted)
I . Mrs. Ruth Gregg -- Report on Royal Palms
J. Authorize Mr. Parks to Procede with Water Plans
K. Water Service - North Atlantic Beach - Tore King
L. Ordinance No. 90-74-63 First Reading
M . Ordinance - Franchise/JEA
N. Maintenance Agreement - D.O .T. , Traffic Signal
O . Policy Commitment Re: Traffic Signals Atlantic Blvd.
7. City Clerk
8. Chief of Police
9. Director of Public Works
10. City Manager
11. Commissioners
12 . Mayor
13 . Adjourn
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION
HELD AT THE CITY HALL ON MONDAY, MAY 13, 1974, AT 6:00 P . M.
PRESENT William S ., Howell, Mayor--Commissioner
Robert R. Rosborough, II
Robert B. Cook, Sr. , Commissioners
AND R. C . Vogel., City Manager
Oliver C. Ball, City Attorney
Gloria June Knight, City Clerk
ABSENT: L. W. Minton, Jr. , Commissioner - Out of the City
F. W. Fogg, Commissioner
The meeting was called to order by Mayor-Commissioner, Mr. Howell.
The invocation was given by Commissioner Rosborough, followed by the
pledge to the flag .
The minutes of the meeting of April 22, 1974, were approved as
written upon a motion by Commissioner Cook, seconded by Commissioner
Rosborough and carried.
Mayor Howell recognized visitors and called for any business from the
floor not on the agenda . There was none.
Correspondence : Atlantic Beach Community School
The Atlantic Beach Community School requested to be allowed to use
the Atlantic Beach Recreation Department as co-sponsor in their
publicity and that the school be allowed to use the Atlantic Beach
Recreation Department facilities. It was moved by Commissioner
Rosborough, seconded by Commissioner Cook and carried that the
Atlantic Beach Community School be allowed to use the Atlantic Beach
Recreation Department facilities in conjunction with the spring and
summer recreation program.
Bid Opening -- Fire Engine
Fire Trucks, Inc. , Mt Clemens, Michigan (Three Bids Submitted)
Net Delivered Atlantic Beach $36,058.00
Alternate No. 1 $37, 858.00
Alternate No. 2 $40, 500.00
Biscayne Fire Equipment Co. , Inc. , Miami, Florida
Net Delivered Atlantic Beach $29, 000.00
No other bids were received.
MINUTES, MAY 13, 1974, PAGE TWO
It was moved by Commissioner Rosborough, seconded by Commissioner
Cook and carried that the City of Atlantic Beach accept the low
bid from Biscayne Fire Equipment Company with the provision that the
apparatus meets the specifications and that the engine is adequate
to run the pump.
Bid Award - Water Plant:
Commissioner Cook read a committee report prepared by Mr. Walter J.
Parks, City Engineer.
"In consideration of the facts that all bids were irregular,
the earliest stipulating time of completion would be from
seven to eight months after award of contract and the
Specifications did not contain a penalty clause, it is
recommended that all bids be rejected, the Engineer autho-
rized to prepare an Addendum to the Plans and Specifications,
and that new bids be received on May 27, 1974. "
It was moved by Commissioner Cook, seconded by Commissioner Ros-
borough and carried that the bids for the additional primary water
pump be rejected and the City Engineer call for new bids.
Authorize Mr. Parks to Proceed with Water Plans:
It was moved by Commissioner Cook, seconded by Commissioner Ros-
borough and carried to authorize the City Engineer, Mr. Parks, to
proceed with the enlargement of the water plant over and above the
bids the City has already received.
Ordinance No. 90-74-62 Additional Consideration:
Ordinance No. 90-74-62 amending Chapter 28-11(G) (3) maximum ratio
of living units; from 20 units per acre; to 10 units per acre was
presented for additional consideration. After discussion, it was
moved by Commissioner Cook, seconded by Commissioner Rosborough and
carried that Ordinance No. 90-74-62 not be passed.
Sewer Service for West 4th Street - Preliminary Information:
Mr. Vogel stated that the request for sewer service for West 4th
Street sets up a small sewer district for West 3rd, 4th and 5th
Streets and a portion of Main Street lying between 2nd and 5th
Streets. It will extend sewage to all property that can be served
by this line. Mr. Vogel stated that it will be necessary for him to
get out a questionaire for property owners on the streets involved.
MINUTES, MAY 13, 1974, PAGE THREE
If the City receives approval from the majority of the property
owners, then the City can authorize the City Engineer to proceed with
the plans and specifications to extend sewer lines to accomodate
these people that are within the City Limits° It was moved by Com-
missioner Rosborough, seconded by Commissioner Cook and carried that
the City Manager send the necessary questionaire to the above men-
tioned property owners to ascertain whether or not they are interest-
ed in sewer service.
Request Trailer Section H - 0 . R. Braddock, Jr. :
Mayor Howell stated that at the last meeting of the Advisory Planning
Board trailers were discussed. The Advisory Planning Board will be
discussing trailers at their meeting on May 21, 1974. It was moved
by Commissioner Rosborough, seconded by Commissioner Cook and carried
that this request be presented to the Advisory Planning Board for
their recommendations.
Request for Sewer and Water - Mr. Howard Harvel :
Request for Sewer and Water - Mr. Harry Warnock, Jr. :
Water Service - North Atlantic Beach - Tore King:
Mayor Howell stated the Items F, G, and K of the agenda are request
for water and/or sewage outside the City Limits. It was moved by
Commissioner Rosborough, seconded by Commissioner Cook and carried
that these request for water and sewage outside the City Limits be
tabled until we have more facts on the bids for pumping and the
necessary information from the Environmental Protection Agency,
Atlanta, Georgia.
Uncompleted Park Selva Marina (Petition Submitted) s
The City Commission received a petition from the residents of Selva
Marina to follow through on the plans to improve the park area be-
tween Park Terrace East and Park Terrace West. Mayor Howell stated
that the park, when it was originally proposed by the developer,
would be accepted by the City only upon completion. The City does
not intend to accept the park for maintenance until the work is done
according to the specifications that were stipulated. Mr. George
Bull, Sr. , developer and owner of the park, stated that he had been
unable to get the work completed due to being unable to hire anyone
willing to do this type of work and having the right type of equip-
ment. Mayor Howell suggested to Mr. Bull that the City would try to
negotiate with some of the local contractors in the area before the
next Commission meeting in order to get quotations for completion of
the work in the park. Mr. Bull agreed to meet with the Commission
May 27, 1974, to discuss completion of the work in the park.
MINUTES, MAY 13, 1974, PAGE FOUR
Mrs. Ruth Gregg - Report on Royal Palms
Mrs. Ruth Gregg, 950 Sailfish Drive, expressed thanks to the Public
Works Department for the nice job they did picking up the extra
trash in Royal Palms. She stated that she was speaking for approxi-
mately 600 families that live in Royal Palms. Her report brought out
the fact that a committee had been formed to clean up Royal Palms.
Mrs. Gregg stated that she did not feel that the committee or the
residents of Royal Palms were being backed by the City Commission.
The following is a list of complaints:
1. Ordinances are nct properly enforced in regard to
trash, dogs running loose and junk cars.
2 . Speed violators in Royal Palms.
3. Streets in Royal Palms that are blocked at the
intersection because of shrubbery placed on
City property.
Mrs. Paluszynsi, 955 Sailfish Drive, stated that it is not just the
dogs running loose, trash and debris in Royal Palms, but that the
main problem is expecting help from the City and getting nothing.
Mayor Howell instructed the City Manager to go out, within the next
week, and clear off all the corner in Royal Palms that have shrubbery
on City property blocking the view of the intersections.
Ordinance No. 90-74-63 :
Mayor Howell presented Ordinance No. 90-74-63 amending Chapter 28-11,
28. 11. 1, 28. 12, and 28-12. 1 of the Code of the City of Atlantic
Beach, Florida, entitled "Zoning" by title only. Said ordinance was
presented in full and in writing. Commissioner Rosborough moved
that Ordinance No. 90-74-63 be approved on first reading by title
only, seconded by Commissioner Cook and carried. Public Hearing to
be held on June 10, 1974.
At this time, Mr. Vogel asked for a point of order. If someone
submits plans to be placed under the P ,U,D. ordinance, is it neces-
sary to submit them to the City Commission first and then have the
plans referred to the Advisory Planning Board or can the plans be
submitted directly to the Advisory Planning Board? Mayor Howell
stated that the plans may be submitted directly to the Advisory
Planning Board for their recommendations.
Maintenance Agreement - D.O.T. Traffic Signal:
The Department of Transportation requested permission to install
overhead flashing school signals at the intersection of AlA, Jackson
Road and Church Road. It will be necessary for the City to maintain
the lights once they are installed and pay the electric bill.
MINUTES, MAY 13, 1974, PAGE FIVE
It was moved by Commissioner Rosborough, seconded by Commissioner
Cook and carried that the Mayor be authorized to sign the Maintenance
Agreement with the Department of Transportation for flashing school
signals at the intersection of AlA, Jackson Road and Church Road.
Policy Committment - Re: Traffic Signals Atlantic Boulevard:
Mayor Howell stated that at Third Street and Ocean Boulevard, on
Atlantic Boulevard, the meter boxes and control boxes are on the
Atlantic Beach side of the street. The City of Jacksonville feels
that it is necessary for the City of Atlantic Beach to pay the elec-
tric bills and maintain these lights. Mayor Howell suggested that
this item be sent to committee for study due to the fact that the
above mentioned streets are a County road, from Third Street to
Ocean, and a State road, from Third Street westerly. It was moved
by Commissioner Cook, seconded by Commissioner Rosborough and carried
that this policy committment - re: Traffic Signal at Atlantic Blvd.
be sent to committee and report back at the next meeting. Mayor
Howell appointed Commissioner Rosborough chairman.
Mr. Oliver Ball, City Attorney, reported that the City of Atlantic
Beach has received no reply from the Attorney General ' s office
concerning the City exchanging property with Mr. Bull. He stated
he would write an opinion of his own, concluding that the City of
Atlantic Beach does have the authority to exchange property. Mayor
Howell instructed the City Attorney to prepare the necessary paper
work for the exchange of property.
Mr. Vogel requested permission to call for bids on an addition to the
fire station and to call for bids on fire hose. There were no
objections from the City Commission.
There being no further business, Mayor Howell declared t•e meeting
adjourned.
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,il IAF o owell
Mayor-Commissioner
(SEAL)
ATTEST:
,azotee
Gloria Jun Knight
City Clerk
COUNTY TRAFFIC
SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY
NO. NO. NO. NO. NAME
72000 AIA B.I. 214128 Duval Atlantic Beach
•
MAINTENANCE AGREEMENT
TRAFFIC SIGNALS •
THIS AGREEMENT, made and entered into this lit-h day of
May , 19 74 , by and between the State of Florida
Department of Transportation , an Agency of the State of Florida , hereinafter
%; called the "Department" and the City of-Atlantic Beach
FLORIDA, hereinafter called the "Public Body. "
•
WITNESSETH:
WHEREAS, the construction and maintenance of a traffic signal , or signals,
is necessary for the safe and efficient highway transportation at the location
or locations as described in Exhibit "A", attached hereto; and
WHEREAS, the Public Body, by resolution attached hereto and made a part hereof,
has determined that it is in the public interest for the Public Body to assume
the responsibility for maintenance and electrical power costs incurred in the
operation of said signal installation:
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the
premises and the mutual covenants contained herein to be undertaken by the re-
spective parties hereto, the parties and each of them, mutually agree and covenant
as follows:
1. That the traffic signal or signals as described in Exhibit "A" , attached
hereto and made a part hereof, will be so designed that the functional design of
the installation and its components will be mutually acceptable to the parties
hereto, and will be installed under Department supervision, with the actual method
2. That the Public Body shall , upon completion of the installation and
acceptance by the parties hereto, assume the sole responsibility for the
maintenance and continuous operation of said signal installation and the pay-
ment for all costs for electricity and electrical charges incurred in connection
with the operation thereof. -
3. The Public Body shall maintain the signal installation in accordance
with Department policies and to a level of maintenance that will provide minimum
hazard to movement of traffic. In this regard the Public Body shall record
maintenance activities relative to said traffic signal installation to a "De-
partment of Transportation Traffic Signal Maintenance Log" or an approved
equivalent log.
4. That the equipment shall remain the property of the Department, and it
is hereby understood and agreed by the parties hereto that the Public Body may
remove any component of the installed equipment for repair but the Public Body
shall not, under any condition, permanently remove the main frame of the control
• unit without the express written permission of the Department.
5. It is expressly understood and agreed by the parties hereto that the
wiring of the cabinets and the timing of the signals will be such that the traffic
will be properly handled at the time of the completion of the installation of the ..
signals. Necessary modifications in timing or minor circuity may be made by the
Public Body to accommodate the changing needs of traffic but the Department re-
serves the right to examine the equipment at any time, and after due consulta-
- tion with the parties hereto, specify timing and phasing that will provide a safe
and expeditious traffic flow in the state highway system.
6. The Public Body shall not modify the equipment to provide additional
phases or intervals without written permission from the Department.
7. The Public Body hereby agrees to indemnify, defend, save and hold harm-
less the Department for all claims, demands, liabilities and suits of any nature
f., fhn hraarh of thi c aarePmPnt by
omission or commission of the Public Body, its agents or employees. It is
specifically understood and agreed that this indemnification agreement does
not cover or indemnify the Department, or its agents or employees, for its own
negligence or breach of contract.
8. It is mutually agreed that the Department' s Director of Road Operations
shall decide all questions , difficulties and disputes of any nature whatsoever
that may arise under, or by reason of this agreement, the prosecution and ful-
fillment of the services hereunder and the character, quality, amount and value
thereof; and his decision upon all claims , questions and disputes shall be final
and conclusive upon the parties hereto.
9. It is understood and agreed by the parties hereto that this agreement
shall remain in force during the life of the originally installed equipment
and any replacement equipment installed by the mutual consent of the parties
hereto, provided however that additional or replacement equipment purchased and
installed wholly at the expense of the Public Body in accordance with this pro-
vision shall remain the property of the Public Body.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
WITNESSES: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Director of Administration
BY: (SEAL)
As to the Department Executive Secretary
• • PUBLIC :o •
LtALAAAL
9.
W,r ti • ,jt / Title: Mayor-Commissioner
ATTEST: ;Le/ize_ QIt AL)dka Gloria June Knight
As l to the Public Body City Clerk
•
•
EXHIBIT "A"
• . MAINTENANCE AGREEMENT •
TRAFFIC SIGNALS
•
This Exhibit "A" forms an integral part of that certain Traffic Signals
Maintenance Agreement between the State of Florida Department of Transportation
and the City of Atlantic Beach
Dated 19 ;
LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: (sctwoL)
STATE TRAFFIC LOCATION:
JOB SR OPERATIONS
410. NO. NO.
72000 AIA B.I.214128 at Jackson Rd.
at Church Rd. i
1 T
•
RESOLUTION NO. 74-6
RESOLUTION AUTHORIZING TILL EXECUTION
OF TILE TRAFFIC SIGNALS MAINTENANCE
AGREEMENT BETWEEN TIHE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND The City of
Atlantic Beach, Florida
On motion of Commissioner Robert Rosborough , seconded by
Commissioner Robert Cook , the following resolution was adopted:
WHEREAS,'The City of Atlantic Beach , deems it in the public
(Public Body).
interest to maintain and pay electrical costs for the operation of
traffic signal or signals described in Exhibit "A" to said agree-
ment, and accordingly to enter into the attached agreement with the'
State of Florida Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY
1. ThatThe City of Atlantic Beachconcurrs in the provisions
(Public Body)
. of that certain agreement attached hereto, pertaining to maintaining
a traffic signal installation described in Exhibit "A" to that
agreement. 1
2. ThatThe City of Atlantic Beach authorizes the said
(Public Body)
agreement to be executed by a legally designated officer of/this
Public Body.
STATE OF FLORIDA •
COUNTY OF DUVAL
I HEREBY CERTIFY that the foregoing is a true and correct
copy of a Resolution adopted by the City Commission at a
meeting held on the 13th day of May , A.D. , 19 74 ,
and recorded in its minutes .
IN WITNESS WHEREOF, I hereunto set my hand and official seal
this 13thcay of May , A.D. , 19 74 .