02-10-64 v a COMMISSION MUTING
ING
CITY OF ATLANTIC BEACH,FLORIDA
February 10, 1964
AGENDA �o .
1. Call to Order - - R.-� • 6. c, . /
2. Minutes of Regular meeting of January 27, 1964.
3. Recognition of visitors.
4. Mr. Ward to appear.
5. Colonial Oil representative to appear.
6. Report of Dept. of Publix Safety for month of January.
7. Request by City Clerk to set up $100.00 cash register
change fund.
41111 8. Correspondence;
a. City of Neptune Beach
b. Beaches Aquatic Pool, Inc.
c. Charles L. Gaines. Jr.
d. Florida Inspection & Rating Bureau.
e. Florida League of Nunicipalitites.
9. Report of Finance Committee on bids;
10. Commissioners
11. Adjourns
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON MONDAY, FEBRUARY 10TH, 1964
AT 8 P.M.
Present:
George R. Olsen
Chas. R. Moore
Don L. Goodling
Walter J. Parks, Jr. , Commissioners
and
Frank Thompson, City Attorney
John R. Printon, City Manager
Adele S. Grage, City Clerk
Absent: C.B. Lawrence, Jr. , Commissioner
The meeting was called to order by the Mayor-Commissioner,
Mr. Olsen.
The Invocation was given by Rev. Carroll U. Kendrick, Pastor
of the Neptune Baptist Church.
Minutes of the meeting of January 27th, 1904 were approved as
written - except the spelling of Rev. Paul Ritch's name was to
• be corrected.
Mr. Olsen recognized visitors present and called for any business
from the floor. S.L. Myers , who strips and cleans palm trees
asked if was necessary for him to get a permit on his jobs . He
has a license but is also required to get a permit and says he
understands he is the only yard worker who has to do that. Mr.
Printon advised that this was done in order to have control over
carry-away trash until he could bring the matter to the Commission's
attention for directions on the trash pick-up as it will
mean putting on supplementary truck to handle. There was a long
discussion of the matter and it was determined that we would try
without permits for a few weeks with Mr. Myers filing a schedule
of where he would be working so that we can schedule our pick-upp.
which will be as soon as possible.
Mr. Thorne Ford asked about the 7th St. ramp. The committee re-
ported on the proposed work to be done. They advised that wood
piling (20 ' deep) would cost approximately $3, 645 .00 and concrete
piling would be $5, 200.00. The matter was discussed following
which Mr. Goodling moved that the City Manager be authorized to
proceed with repairs to the City owned property beginning with
the 7th St. ramp using the most feasible and economical plan for
• piling and walkway, getting firm prices for the projects and
?,ring to next meeting, seconded by Mr. Moore and the call vote was :
Minutes 2-10-64, Page #2
Aye: Goodling, Moore, Parks, Olsen
Nay: None
Absent : Lawrence
Whereupon the Mayor declared the motion carried.
Mair. George Ward appeared on behalf of the Fletcher Band Parents
Association requesting assistance from the City towards sending
the band to the World' s Fair in New York this summer. The Com-
mission has asked an opinion from the City Attorney relative to
making donations, and Mr. Thompson's letter was read. A copy of
the letter is attached to these minutes for information purposes.
Since municipal purposes cannot be considered to embrace donations
or contributions made to aid worthy objects or causes, Mr. Olsen
advised that it would be diffucult for the Commission to partici-
pate on behalf of the City in this request. However we do endorse
the program and request all citizens to assist as much as possible
but as a City we are prohibited from using tax money for this pur-
pose.
A representative from the Colonial Oil Co. appeared to request
permission to operate a fuit market at the "Lighthouse" location
at the corner of Seminole Rd. and Atlantic Blvd. The license for
• a service station at this location was revoked but the property has
not been condemned. It was brought out that the same traffic pro-
blem would exist with a fruit stand there as when it was a service
station. The matter was discussed and Mr. Parks moved that the
City Manager be instructed to secure the services of an appraisor
and get a proper appraisal of the property, seconded by Mr. Good-
ling and carried. Mr. Parks then moved that the matter be held in
abeyance until receipt of the appraisal at the next meeting, sec-
onded by Mr. Goodling and carried.
The monthly report for January 1964 was received from the Depart-
ment of Public Safety. It was read and filed. The Commission
would also like to endorse the letter read at the last meeting from
the County Solicitor 's office commending Chief Duane Fultz for his
good work and co=operation with their office.
A letter was read from the City of Neptune Beach acknowledging re-
ceipt of our letter of January 22nd relative to radio service, ad-
vising that they will give the matter study.
Mrs. Grage requested that the Commission authorize her as Treasurer
to set up a $100.00 cash register change fund. It was discussed
following which Mr. Parks moved that Resolution #64-1 authorizing
• the City Treasurer to retain and set up such a fund be adopted,
seconded by Mr. Moore and carried. Copy of Resolution # 64-1 is
attached to these minutes and made a part thereof.
Minutes 2-10-64, Page #3
A letter was read from the Beaches Aquatic Pool advising of the
vandalism and asking for help in curbing same, and in finding
some solution to the problem. Chief Fultz advised that his depart-
ment has been trying to co-operate. The matter was referred to
Chief Fultz for any suggestions he can make.
A letter was read from Mr. Chas. Gaines relative to proposed work
at the 7th St. ramp. He is the property owner on the south of
the ramp.
A letter was read from the Florida Inspection and Rating Bureau
advising that our classification is subject to change from Class 7
to Class 6, as we have qualified for this better rating.
A letter was read from the Florida League of Municipalities rela-
tive to their annual meeting.
The Finance Committee reported that the Burroughs Corp. was the
low bidder on the bookkeeping machine. The question was raised
as to whether we can enter into contract for purchase of this
machine without having funds on hand for the contract. If we
make a substantial down payment and the machine stands good for
the balance , the City is not obligating past 1964 as to addition-
al al payments as per Mr. Thompson. In view of this Mr. Moore
moved that the recommendation of the Finance Committee be accepted
and that the bid of the Burroughs Corp. be accepted, seconded by
Mr. Parks and the call vote was
Aye :Moore, Parks, Goodling, Olsen.
Nay: None
Absent: Lawrence
Whereupon Mr. Olsen declared the motion carried.
On the bids covering gasoline , etc. the Awards Committee recom-
mended that the bid of the Sinclair Refining Co. be accepted on
Items 1, 2, and 3 and that the bid of the Futch Oil Co. be accepted
on Item 4. Items 1, 2, and 3 cover gasoline, oil and grease,
and item 4 covers diesel fuel. Mr. Moore moved that the recommen-
dation of the awards committee be accepted and bids awarded as
specified, seconded by Mr. Parks and the call vote was :
Aye : Parks, Goodling, Moore, Olsen
Nay: None
Absent : Lawrence
410
Whereupon the Mayor declared the motion carried.
Minutes 2-10-64, Page #4
The Awards Committee recommended on the garbage truck that all
bids be rejected, this being to the best interest of the City of
Atlantic Beach. It further recommends that specifications be
re-iasued and re-advertised for bid. This advertisement for call
for bids be published in the Florida Times Union for 3 consecutive
days the first date of publication to be mimimum of 2 weeks prior
to bid. Mr. Parks moved that the recommendations of the committee
be accepted, seconded by Mr. Moore and the call vote was:
Aye : Goodling, Moore, Parks, Olsen
Nay: None
Absent: Lawrence
Whereupon the Mayor declared the motion carried.
There was a discussion of the time element involved in order to
get the bids in by the next meeting, and Mr. Goodling Moved that
the committees recommendation be amended to read that the publica-
tion be a minimum of 10 days prior to bid date for the first date
instead of 2 weeks , seconded by Mr. ParkE and carried.
Mr. Goodling suggested that a number be assigned to the specifica-
tions as well as a date and that we have a bid form so that all wil
come back uniform. Mr. Goodling moved that the specifications
1111 with the proposal form on the garbage truck be approved, seconded
by Mr. Moore and carried.
The Audit report for the year ending December 31, 1963 was received
and filed for record in the office of the City Clerk at the City
Hall. Mr. Olsen said he would like for the Finance Committee to
go over the recommendations as made by the Auditor and make recom-
mendations as to what should be done after studying the audit.
Mr. Goodling asked that the City Manager and City Attorney work
with the Finance Committee.
Mr. Olsen recommended the appointment of Mr. Alan Potter to the
Planning Board for a period of 3 years. Mr. Moore moved that
Resolution #64-2 be adopted appointing Mr. Potter as recommended,
seconded by Mr. Goodling and carried. Copy of Resolution #64-2
is attached to these minutes and made a part thereof.
Mr. Olsen advised that since Washington' s Birthday comes on Sat-
urday and it is one of the legal holidays given employees, he re-
commends that the City Hall be closed on Friday, February 21st
for observance of this holiday. It was agreed, and Mr. Olsen
will issue the necessary proclamation.
4111 There was a discussion of the street leading into the school fY-m
Seminole Road side, and it was recommended that the City Manager
,
Minutes_2-10-64,--P-age--# 5
•
a be instructed to ob3-Ain costs on asphalt roofing and/or other
methods of fixing this street going into the school.
A letter was received from the City Attorney and read relative
to the request of the Beaches Aquatic Pools, Inc. for tax ememp-
tion. He advised that by Statute the property of certain non-
profit corporations devoted exclusively to certain specified uses
is exempt from ad valorem taxes, but from the information before
him the property of this corporation and the purpose for which it
is used, do not meet the requirements of any tax exemption statute.
Mr. Olsen advised that in view of the attorney's opinion, we will
return the tax bill to the Aquatic Pool.
Mr. Printon recommended that a trailer court be billed for water
on a gallonage basis instead of the number of units and suggested
that an ordinance be drawn up amending the present ordinance cov-
ering water charges, charging trailer parks on gallonage basis.
He advised that the Singleton Trailer Park has an average of 20
units and recommended that for the 1st quarter, 1964 they he
billed on basis of 20 units until the new ordinance could be
drawn up and passed. Mr. Moore moved that for the 1st quarter
1964 the Singleton Trailer Park be billed for water on the basis
• of 20 units, seconded by Mr. Perks and carried.
Mr. Printon advised that the Southern States Oil Co. and the Jack-
sonville Bus Co. have requested the City to maintain the strip in
front of the bus pick-up station which was put there in co-opera.
tion with the Navy League in order that busses and cars could pull
off Atlantic Blvd. to take on the navy men wanting rides. He ad-
vised he would like to have the Commissions approval for us to
help correct this condition, and does not believe there will..be
much money involved. It was discussed and Mr. Goodling suggested
that the request be taken under consideration and a recommenda-
tion be brought back to the next meeting,
There being no further business Mr. Moore moved that the meeting
be adjourned, seconded by Mr. Goodling and carried.
Whereupon Mayor Olsen declarede4‘ /2
? meeting adjourned.
/ � A
. 1/ _ __....-
Attest: Gpo. R01-en, -Comrrissi.oner
4111 ( W Zkia__ .
Adele S. Grage, City C erk
4110
RESOLUTION NO. 64-1
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, THAT
The City Clerk and Treasurer is hereby authorized to
retain from the funds of the City and keep on hand at
the City Hall at all times one hundred dollars ($100.00)
in cash for the purpose of making change in connection
with payments of accounts made to here
Such fund is to be kept in the cash register at the City
Hall during office hours and at all other times to be
placed in the vault at the City Hall for safe keeping.
*********************
• Passed by the City Commission on February 10, 1964.
Attest:
ace,&_ . .
Adele S . Grage, City Clef
(Seal)
1111
a
RESOLUTION NO. 64-2
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, THAT
Alan Potter be and is hereby appointed to the Advisory
Planning Board of Atlantic Beach for a period of
three (3) years.
*************************
Passed by the City Commission of the City of Atlantic
Beach, Florida on February 10, 1964 .
Attest:
dill hi hoz, I
Adele S. Grage, City Clef
(Seal)
LAW OFFICES
DANIEL,THOMPSON a MITCHELL
a
RICHARD P. DANIEL
FRANK THOMPSON
600 ATLANTIC NATIONAL BANK BUILDING
EUGENE C.MITCHELL JACKSONVILLE 2,FLORIDA
JOHN J. HIGGINS
February 10, 1964
Honorable City Commission
City of Atlantic Beach, Florida
Gentlemen:
Through City Manager Mr. Printon you have requested
of me an opinion on "the legality of donations by the City".
I infer that you wish an opinion on the power of the
Commission to give away funds or property of the City.
Treating the question this way, it can be answered
positively that the City Commission has no power and can-
not lawfully make gifts of funds or property of the City.
The City of Atlantic Beach, and all municipalities
IP in Florida as well, have only such powers to tax as is
delegated by the State Legislature. Our City Charter
contains no provision that would authorize the City to
make gifts of funds or property of the City.
Furthermore, the Legislature is limited as to the
taxing power it may grant a municipality by Section 5,
Article IX of the Florida Constitution which provides in
part:
"The Legislature shall authorize the
several ** incorporated cities or towns
in the State to assess or impose taxes **
for municipal purposes, and for no other
purposes **. II
Thus the City of Atlantic Beach can assess and impose
taxes for municipal purposes only, which in short means
that by taxation the City can raise funds needed to carry
out the powers granted it under its Charter. Municipal
purposes cannot be considered to embrace donations or con-
tributions made in the aid of worthy objects or causes.
IIII Yours very truly,
11!!:::: . CITY OF . . .
Ateckedic Dca.ck-TecvkIa
February 10, 1964
REPORT OF AWARDS COMMITTEE ON BIDS FOR 1964 PETROLEUM PRODUCTS:
Bids were received per the attached tabulation.
The Awards Committee recommends award based on lowest and best bid
as follows:
SINCLAIR REFINING COMPANY
Item 1 - Gasoline - Bid identical with 1963 bid.
Item 2 - Oil - Bid identical with 1963 bid.
Item 3 - Grease - Bid identical with 1963 bid.
FUTCH OIL COMPANY
Item 4 - Diesel Fuel - 1963 Bid - .148
1964 Bid - .145
DECREASE - .003
It is noted that these bidders were the suppliers of the 1963
Petroleum Products and service was satisfactory.
1
Donaldr/L. Goodling John R Printon L. D. Sauer
Posted Posted '
Tank Tank .
Wagon Wagon Lith
98 Oct. 92 Oct. Tankwagon High Det. Supp. 1 Base Gear
(Less) (Less) Today 10-20-30 10W-30 API-MM Grease Oil Diesel
COMPANY Prem. Re. . Oil Oil Oil # # Fue
Sinclair . 0433 .0433 . 209 . 174 4.68 8.10 5.40 .2025 . 1275 -
Futch Oil - - - - 6.00 7.80 5.28 .2025 . 13 . 145
At' .B1vd.Ice & Fuel . 01 .01 . 309 . 274 5. 52 8.70 5,64 .2050 . 1775 . 149
Gulf Oil Ccrp. .035 .025 . 201 . 166 6.00 6.00 5.76 . 17 . 16125 -
4111 4111
• 410
, CITY OF , , ,
Febraary 10, 1964
REPORT OF AWARDS COMMITTEE ON BIDS FOR GARBAGE TRUCK:
Bids were received per the attached tabulation.
The Awards Committee recommends rejection of all bids, as being
to the best interest of the City of Atlantic Beach.
Furthermore, it is recommended that specifications be reissued
and re-advertised for bid. Such advertisement should consist of
publication of the call for bids in the Florida Times-Union for
three (3) consecutive days, the first date of publication to be
/U��aes L
a minimum of taw prior to bi date.
(---/cd.
Donald L. Goodling Jo Printon L. D. Sauer/
NET
AEW- LIST DELIVERED DELIVERY
COMPANY USED KIND EQUIPMENT PRICE TRADE-IN PRICE INTEREST DATE REMARKS
_emon- 3 weeks As Advertised
County Equip. Co. , Inc. trator 9eil Mark #20 yd. $18, 000.00 $3 , 000.00 $15, 000.00 6%
1SED .M.C.
H. & Hydpack $13 , 738.00 $1, 685.00 $12, 053 .00 5% Not Equipment not
Quinn R. Barton NEW Specified complete & not to
specifications
R'vers Body, Inc. NEW Hydpak-Body only F.O.B. Fort
Worth, Tex.
$ 3,747 .00
Freight
250.00
Controls
1, 635 .00 No Allow- $ 6, 427 .00 Cash Not No truck-not to
11/2 yd Cont. ance Listed specifications
190.00
2 yd Cont
215 .00
Tank & Hose
175.00
No bid
Duval Motors Unable to get body bid
Square Deal Machinery USED Heil Mark II At once As Advertised
New 20 yds . $17 , 755.00 $3 , 305.00 $14, 450.00 2. 1%
Warranty
4111
r ,_- CITY OF , , ,
:17:1!"
AUan4k D T
February 10, 1964
REPORT OF AWARDS COMMITTEE ON BIDS FOR NW BOOKKEEPING MACHINE:
Bids were received per the attached tabulation.
The Awards Committee recommends award based on lowest and best
bid to The Burroughs Corporation in the amount of $5,120.90 to
be financed over a two year period as set forth in 1964 Budget,
Account #1002.
This amount includes interest at 3; per annum.
111 This contract to be entered into, in which the City of Atlantic
leach will pay in the aggregate the sum of $2,000.00 in 1964,
with the property to remain solely as security for the remaining
balance and that full, faith and credit of the City of Atlantic
Beach shall not be pledged for the payment of the remaining
balance.
J.
Dona d C�
1 L. Doodling John R. Frinton Adele S. Grape
NATi'ONAL CASH REGISTER
Net Bid $ 5,644. 19
DIIIown Payment - Feb. 1964 2, 000.00
(to be financed 6% per annum) 3,644. 19
6%
Interest first year 218.65
$ 3,644. 19
218.65
Interest & Principal - Jan. 1965 $ 3, 862.84
Principal Interest
$3, 644. 19 $218.65
Pmt. 1965 2, 000.00 218.65
Bal. Jan. 1965 $1,644. 19 - 0 -
6%
Interest-2nd year $ 98.65
$ 1, 644. 19
98.65
Total Interest &
Principal Pmt. 1966 1, 742.84
Net Bid $ 5,644. 19
• Interest First year 218.65
Interest Second year 98.65
Total Bid Price Including Interest $ 5, 961.49
BURROUGHS
Net Bid $ 5, 030. 00
Down Payment Feb. 1964 2, 000.00
(to be financed 3% per annum) $ 3, 030.00
3%
Interest First year $ 90.90
$ 3,030.00
90.90
Interest & Principal Jan. 1965 $ 3, 120. 90
Principal Interest
$3,030.00 $ 90. 90
Payment 1965 2, 000. 00 90. 90
Bal. Jan 1, 1965 $1, 030.00 - 0 -
3%
40 Int. 2nd year $ 30. 90
1, 030.00
30. 90
Total Interest &
Principal - Pmt. 1966 $1060. 90
Net Bid $ 5, 030.00
Interest First year 90. 90
Interest Second year 30.90
Total Bid Price Including Interest $ 5, 151.80