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12-13-04 v¢"° MINUTES REGULAR CITY COMMISSION MEETING DECEMBER 13, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to OrderlPledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Mayor Meserve was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of November 22, 2004 Motion• Approve the Minutes of the Regular Meeting of November 22, 2004 as presented. Moved by Waters, seconded by Parsons Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Ann Murphy and Bill Watson with Comcast to present a check to the City of Atlantic Beach for $5,000 Bill Watson, Vice President of Operations for Comcast, presented a check in the amount of $5,000 to be used to promote city events. Mayor Meserve thanked Mr. Watson and Ms. Murphy and suggested that the money be used to help fund the new skate park. J.P. Marchioli of 414 Sherry Drive commented on the following: (1) Suggested a right turn lane be installed at Seminole Road and Plaza, (2) Indicated that the huge mulch pile that was on the city right-of--way at 5~' Street and Sherry Drive had fmally been removed, (3) Suggested the •- Commissioners reconsider the installation of underground power lines, and December 13.2004 REGULAR COMMISSION MEETING Pa e 2 (4) Stated he had observed several cars parking opposed to traffic on East Coast Drive. Lulee Rady of 150 Club Drive spoke in opposition to Item 8C. Ms. Rady indicated that she had spoken to several of her neighbors who were also opposed to dividing the lot. John Goodling of 14910th Street updated the Commission on the 10`h Street beach access beautification project. He thanked Parks and Recreation Director Johnson and the City Gardner, Alex Hawkins, for their assistance. Mr. Goodling indicated that $9,000 had been raised by the sale of bricks to pay for the improvements, and the project should be completed in two weeks. Stephen Kuti of 1132 Linkside Drive stated he agreed with the comments made in the City Manager's letter to Bestcon (Item 8F). 3. Unfmished Business from Previous Meetings A. City Manager's Follow-up Report City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment A. In addition to the written report he also reported on the following: Utility System Revenue Refunding Bonds City Manager Hanson distributed a Summary of the Refunding Results to the Commissioners. He indicated that the bond sale occurred last week at an interest rate pf 4.17% with a savings to the city of $1,020,806.55. A copy of the summary is attached and made part of this official record as Attachment B. He thanked Utility Director Kaluzniak and Finance Director Van Liere for their work with the refinancing. Copies of the summary report were made available to the public. Crime Report - Mayport Road Chief Thompson indicated that by talking to the citizens who live in the area, it was learned that drugs and prostitution were the crimes of most concern. It was explained that the Police Department had, in the past, been unable to address these concerns due to a lack of resources, lack of focus on the problems and lack of business owners and resident commitment to help solve the problems. He indicated that much of Mayport Road was in the City of Jacksonville and the sheriff's office did not consider it a high crime . area. December 13, 2004 REGULAR COMMISSION MEETING Page 3 g Chief Thompson introduced Sgt. Dale Hatfield, head of the city's Crime Suppression Unit. Sgt. Hatfield introduced Paul Diakos, a member of the unit, and stated that the unit would consist of three individuals who will focus their full attention on crime on Mayport Road and the surrounding areas. Sgt. Hatfield indicated the unit would receive assistance from other agencies when needed and provided information concerning their proposed crime prevention programs. A brochure concerning Drug Abuse Prevention, which is part of the program, was distributed to the Commissioners. Joe Quest, who had requested that the city provide additional funding for crime prevention and the cleanup of Mayport Road at the November 22°d Commission Meeting, stated that he had gone door-to-door in the area and asked businesses to fix up and clean up their properties. He indicated that some were responsive to his request and the area was already beginning to look better. He indicated that a group of businesses would also be edging along Mayport Road. Commissioner Pazsons commended City Staff for their work with the bond refinancing to save the city over a $1 M. 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report, Utility Sales Report for November, and Report of New Occupational Licenses issued in November (City Manager) B. Authorize Mayor to sign agreements with Florida Department of Community Affairs for FEMA hurricane reimbursement (City Manager) Motion: Aourove Consent Agenda Items A and B as aresented. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Report and recommendation to appoint a member to fill a Vacancy on the Cultural Arts and Recreation Committee (Commissioner Simmons) Commissioner Simmons reported that the new committee formed to screen applicants for the city's boards and committees had met to interview three December 13.2004 REGULAR COMMISSION MEETING Page 4 applicants for the Cultural Arts and Recreation Committee. She indicated that the committee was recommending Laurie Melancon to fill the current vacancy, but the other applicants were also well qualified and should be considered for future vacancies. Commissioner Simmons requested that the committee be named for ease of reference and indicated that she, the City Manager, City Clerk, and the Pazks and Recreation Director screened the applicants. It was suggested that a board or committee member also serve on the screening committee. Motion: Aauoint Laurie Melancon to fill the vacancy on the Cultural Arts and Recreation Committee. (To fill the unexpired term of James Strutchen) Moved by Meserve, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 60-04-15, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING ORDINANCE NUMBER 60-04-15, WHICH SHALL AMEND CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, AS PREVIOUSLY ADOPTED AND AMENDED THROUGH ORDINANCE NUMBER 60-03-13; TO ADD NEW SECTION 17-29 (a) (3) v.; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Annrove Ordinance No. 60-04-15 on first reading. There was no discussion. It was announced that the public hearing and final reading of the ordinance would be held January 10, 2005. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED December 13.2004 REGULAR COMMISSION MEETING Pa e 5 Miscellaneous Business 8. Miscellaneous Business A. Request from Beaches Habitat for approval of Final Subdivision Plat for Scheidel Court (City Manager) Motion: ADarove final subdivision slat for Scheidel Court Mayor Meserve provided background information on the Scheidel's support for Habitat for Humanity, including their scholarship program at the University of North Florida for students who live in Habitat homes. Commissioner Waters inquired concerning the maintenance of the common areas and stormwater facilities. Community Development Director Doerr stated the street in the plat was designated as a public street. She also indicated that the stormwater facilities, which are private, must be maintained as required in the permits. Commissioner Simmons, who sits on the Habitat Selection Committee, stated it was her understanding that Habitat would maintain the water retention facilities. Ms. Doerr assured Commissioner Waters that the city would not be responsible for the maintenance. She indicated that the Homeowners' Association documents set forth that the developer or his assignee were responsible for maintenance. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Discussion and recommendation on amending Section 23-36 of the City Code to require residents to maintain the area between the right of way line and edge of pavement (City Manager) City Manager Hanson provided background information and indicated that city crews were spending in excess of thirty man-hours per week during the growing season to mow and trim the areas between the street edge and the resident maintained area. Public Works Director Carper displayed photographs of problem areas located throughout the city. A photograph of Sandpiper Lane was displayed and Mr. Carper indicated that it would be difficult or impossible for the residents to maintain that area due to the fence and he would have to amend the proposed recommendation to reflect a more rational requirement. ,~*. December 13, 2004 REGULAR COMMISSION MEETING Pa e 6 ~` Discussion of the Sandpiper Lane area ensued. It was pointed out that more trees had been requested for the area and a sidewalk would also be constructed. Commissioner Waters believed the city could not compel someone to maintain something (the area between the street and sidewalk) that he did not own, but understood the reasoning behind the proposed ordinance. Mayor Meserve stated that he learned this was a fairly common way of handling the problem without having to create aright-of--way maintenance division within the Public Works Department. Mr. Carper pointed out that other cities require their residents to maintain right-of--way, but there were none in Duval County. Commissioner Parsons inquired concerning the mulch pile mentioned by Mr. Mazchioli. City Manager Hanson explained the circumstances surrounding the mulch pile and indicated that city crews removed the mulch and the company responsible for putting it there would be billed for the removal. Discussion ensued and it was the consensus of the Commission not to amend the code at this time. Various solutions to the problem were discussed. ,,, Commissioner Beaver suggested that a list of the troublesome properties be compiled and letters sent to the problem properties explaining that the city would no longer be mowing the right-of--way. Commissioner Waters suggested that the city just stop cutting the right-of--way to see what happens. It was also suggested that a door hanger be used to inform the residents of the city's intention. C. Discussion and action on request from Bob, Kathy, Al and Mary Frosio for a waiver from Section 24-255 (a) of the Subdivision Regulations seeking approval to create two new lots within property located at 151 Club Drive (east of Ocean Boulevard) that are less than 75 feet in width and less than 7,500 square feet in Lot Area (City Manager) Motion: Aanrove request from Bob. Kathy, Al and Marv Frosio for a waiver from Section 24-255 (al of the Subdivision Regulations to approve creation of two new lots within uroaerty located at 151 Club Drive. Mary Frosio, spokesperson for her family, distributed printed copies of the request, which included photographs of the subject and surrounding properties. A copy of the request is attached and made part of this official record as Attachment B. December 13.2004 REGULAR COMMISSION MEETING Pace 7 !~ Ms. Frosio explained that in 1982, her pazents purchased a 150-ft wide by 100-ft deep parcel on Club Drive. At that time, a 50- ft by 100-ft on the west end of the parcel was sold, leaving the 100-ft by 100-ft parcel on which her pazents' home was built. She indicated that the family wished to divide the remaining pazcel into two 50 x 100-ft lots, and were requesting a waiver from the subdivision regulations requiring 75 x 100-ft lots. Due to the earlier division, the Frosio family believed they the earlier division of the property granted them vested rights to divide the property again. Ms. Frosio indicated the money from the sale of the lots would be used to pay for her mother's care in an assisted living facility. To support the request, photographs of other 50 x 100-ft lots in the area were displayed. Mayor Meserve indicated that he could not vote in favor of the request since it would set a precedent and was inconsistent with the Comprehensive Plan requirements for the residential, low density comprehensive plan land use designation. He then asked the City Attorney if the Frosio family had vested rights in the property. City Attorney Jensen advised that there were no vested rights in the request. Discussion ensued. Commissioner Waters believed two new homes on the property would enhance the neighborhood. He believed there was a fairness issue involved with the request, because in 1982 the city approved the separation of a 50-ft lot from the original parcel and the fact that the city allowed smaller lots under a Planned Unit Development (PUD). Commissioner Beaver indicated four neighbors who were opposed to the request had contacted him. He believed to protect the continuing integrity of the city as a whole, the lots needed to be 75-feet wide. He indicated it was a difficult decision, but he could not vote in favor of the request. Mayor Meserve pointed out that if approved, the city would be taking illegal action against its own ordinance. He pointed out that Section 24-191 would have to be amended to honor the request. Discussion of "hardship" ensued and City Attorney Jensen advised that the location of a lot did not constitute a hardship. The Mayor called for a roll call vote. Moved by Waters, seconded by Parsons Votes: Aye: 0 Nay: 5-Beaver, Parsons, Simmons, Waters, Meserve MOTION FAILED 0 TO 5 ON ROLL CALL VOTE December 13.2004 REGULAR COMMISSION ME TING Pace 8 D. Award Bid No. 0405-1 (Rebid), Oceanside Rotary Skate Park Project, to Grindline Skateparks, Inc. in the amount of $175,000 (City Manager) Motion: Award Bid No. 0405-1 (Rebid) for Oceanside Rotary Skate Park Proiect to Grindline Skateaarks, Inc. in the amount of $175,000 It was reported that Crrindline Skateparks, Inc. had built several skate parks nationwide. Parks and Recreation Director Johnson displayed photographs of different parks constructed by the company. He indicated that construction would begin early-January with completion in mid-March. City Manager Hanson indicated that a budget adjustment would be needed to complete the fencing, landscaping and concrete sidewalk work. Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Award Bid No. 0405-3, Renovation of Dune Walkovers, to Schippers Marine Construction in the amount of $52,642 (City Manager) Motion: Award Bid No. 0405-3 for renovation of Dune Walkovers to Schiapers Marine Construction in the amount of $52,642. City Manager Hanson explained that the walkovers sustained considerable damage from the hurricanes, and the damage repairs were included in the bid specifications and made the bids come in over-budget by $20,792. It was also reported that Parks and Recreation Director Johnson had requested to increase the budget for the amount of the hurricane damage, which will be reimbursed at least 75% by FEMA. To cut costs it was reported that the Ahern Street walkover would be repaired in-house. Discussion of the length of the crossovers was discussed. Mr. Johnson indicated that the crossovers would be extended due to the loss of sand during the September hurricanes. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED December 13.2004 REGULAR COMMLSSION MEETING Page 9 F. Request from Bestcon Homes to Allow Construction of Houses in Paradise Preserve prior to Completion and Acceptance of Streets and Utilities (City Manager) Motion: Approve request from Bestcon Homes to allow construction of houses in Paradise Preserve prior to completion and acceptance of streets and utilities. City Manager Hanson referenced his letter of November 12, 2004 to Paul Nichols citing the reasons to deny the request. The Staff Report explaining the request and the City Manager's letter to Mr. Nichols are attached and made part of this official record as Attachment C. Mayor Meserve referenced the City Manager's concern that the infrastructure would not be completed at the time a homeowner would like to move into his new home and inquired if Mr. Nichols would be willing to bond the project. He also requested that Mr. Nichols address his concern that the city would be labeled the "bad guy" if the request was granted and the Certificate of Occupancy could not be granted because the streets or utilities were incomplete and could not be accepted by the city. ,,, Mr. Nichols stated that his engineer had advised that the streets and utilities would be completed within three months. Mr. Nichols indicated that it took approximately six months to complete a house and he felt comfortable that the infrastructure would be completed before the house. Mr. Nichols emphasized that the title to the home could not be transferred to the buyer until it was completed and the Certificate of Occupancy issued by the city. He indicated that he did not want the city blamed because there was a lack of communication between his office and the buyer. Mayor Meserve stated that he would support the motion because the city has allowed this request in the past, the city knows the work of Bestcon and they will not fault the city. Discussion of the problems with the streets and drainage experienced in the Hidden Paradise development ensued. Mr. Nichols explained the engineering problems encountered when working to save trees and with the change of Public Works Directors. Commissioner Waters called the question. Moved by Beaver, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Waters, Meserve Nay: 1 -Simmons December 13, 2004 REGULAR COMMISSION MEETING Page 10 MOTION CARRIED G. Notification of terms expiring on December 31, 2004 for two Community Development Board Members, Lynn Drysdale and David MacInnes (City Clerk) Commissioner Simmons reported that a method of oversight for reappointments would have to be determined. She suggested that the committee meet with the Chair of the board or committee to discuss the reappointment. Commissioner Waters inquired if the committee actually voted on the appointments. Commissioner Simmons indicated the recommendation was made by consensus. It was suggested that the Chair of the Board or Committee be included in the interviewing process to obtain an outside perspective. Commissioner Simmons indicated this could be done when interviewing for second terms. City Manager 9. City Manager A. City Manager's Report City Manager Hanson reported on each item of his written report. The report is attached and made part of this official record as Attachment D. ISO Rating Commissioner Waters stated the Commission used to receive a report on fire hydrant testing and inquired if there were any problems with the fire hydrants. City Manager Hanson responded that they were tested periodically and if there was a problem with a hydrant, it was bagged and fixed within two weeks. He indicated that many problems were eliminated with the completion of the Core City Project. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Clerk Bussey • Reported that this was the last meeting for her secretary, Julie Brandt, since she is retiring. Commissioner Beaver • Thanked staff for working to have the illegal BP sign on Mayport Road removed. December 13 2004 REGULAR COMMISSION MEETING Pa a 11 • Commented on how nice Town Center looked decorated for the holidays. • Commented on the possible shortage of sand for beach renourishment and reiterated the importance of having Kevin Bodge on board to protect the city's interests. Commissioner Simmons •+• Commented that the Decorated Bike Pazade, the Tree Lighting festivities, and Cazols in the Park were wonderful holiday activities for all ages. • Wished everyone Happy Holidays. Commissioner Parsons • Commented on a meeting he attended with the Mayor, the City Manager, Kevin Bodge and Jacksonville Beach City Manager, George Forbes relative to beach renourishment and indicated that no definitive answers came from the meeting relative to the available sand or funding. • Commented that the light poles on Atlantic Boulevard and Third Street ,,. had no decorations. City Manager Hanson stated that the poles were too close to the edge of the right-of--way and would overhang the street. He indicated that next year the decorations would be hung on the opposite side of the pole. Commissioner Waters • Requested that a Workshop to discuss Community Standazds (ambience) be scheduled. • Reported that the city's hosting of the League of Cities dinner was such a success, the League was requesting that another meeting be held at the beaches. It was felt that Jacksonville Beach should be the host city this time, and City Manager Hanson indicated he would talk to Jacksonville Beach City Manager George Forbes. • Inquired if the palm trees on Atlantic Boulevard were being trimmed after the dates were allowed to ripen. City Manager Hanson responded in the affirmative. • Stated there was a visibility problem at the Five Points intersection for motorists in the north bound lane of Seminole Road who aze stopped and cannot see motorists stopped on Plaza. and for those coming south on Seminole Road trying to see if someone is stopped on Sherry Drive. He believed the stop sign baz painted on Plaza should be moved farther out to improve visibility. • Commented that he would like to see more decorations throughout the city. December 13.2004 REGULAR COMMISSION MEETING Paee 12 Mayor Meserve • Commented that Beaches Habitat enjoyed working with the city and greatly appreciated the cooperation of our City Officials. • Commented he was happy to see construction resume on the water tower. • Thanked everyone for the accomplishments of the past year. The Mayor agreed that discussion of ambience should continue and stated that a meeting would be set for eazly January. He indicated that whatever was decided would set the standazd for future generations. • Wished everyone a Happy New Year. Adjournment There being no further discussion, e Mayor declared the meeting adjourned at 9:30 p.m. Jo a e, or/Presiding Officer ATTEST: ~~~-a Donna L. Bussey Municipal Clerk ATTACHMENT A DECEMBER 13, 2004 COMMISSION MEETING December 6, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans Ity Manager SUBJECT: Follow-u Report Buckman Trust; A map showing ownership of the properties in the vicinity of the Intracoastal Waterway was presented to the City Commission at the last regular meeting. That map showed .• that the Buckman Trust owned several of the properties and the Commission asked to learn about that Trust. The Margaret Buckman Trust property consists of 345 acres actively listed for sale at 2.35 million dollars. The property has been on the market for about seven months. While the entire property consists of many parcels, the only one with any upland acreage appears to be Crying Child Island. Of the approximate 40 acres in this tract, only about eight acres are upland. It has no access, services or utilities. These lands are all zoned conservation, and the Comprehensive Plan Land Use Designation is also conservation. Complaints About Crime Alona Mayport Road; At the last meeting, a citizen made some complaints about crime problems that existed along Mayport Road. David Thompson will make a report on our police department's work on these issues at the December 13`h commission meeting. ATTACHMENT B DECEMBER 13, 2004 COMMISSION MEETING a~ .~ 0 a .~ .... 0 .~ ~° a ~ I i I ~ • t~. A ~,, ~ .O ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ .~ 4~ --~ • O •~ O U .'~ v C~ 4~ .~ N ., M a~ v a~ A H Z W H z 0 v w 0 w a as H .--~ N M mot' -+ (--+ E--+ E--a z 0 H H z a~ w ~z ~ o w ~ ~ 0 0 H ~ a ~ H H V W H w w z 0 a w Q w W 0 w 0 w N W Cal ~4 a U ~i ~. ~. M x 0 F F a w a O a a U ~ o° w~ ~ Oo aw ~ wo ~, O a ~ p~ ~ ~~ ~ ~ O A~ ~ z0 O '-' wo ~~ ~o ~~ ~~ ~A x~ ~~ ~° wri ~~ ~x aw ~~ ~o ~~ w~ ~z a~ x~ Oi p '~" W a~ ~~ ~ ~ ~ N l~ 00 O~ G1 ~ ~ A N ~ ~ O ~+ ~ ~ ~ w ~ ~ x a ~ U w ~ W E~ ~ ~4 ~ ~ a ~ ~ w H W ~ a ~ ~' w ~' ~ w ~ E-+ O ~ ~ ~ E,,., O ~, ~ ~ A ~ o~ ~ ~ A .. p! ~~ ~w w ~ a ~~ ~ a U ~Z w ~ ~ O~ a ~ ~. N '~ O O O O N N d w a 0 H w 0 x ~' H c~ z F z z c~ w as w 0 '~ O O N F z d z w H H z U ~t Beach Avenue a~ ~~ Q -~ ~ ~ U °O ~~ .Bo~1evard Ocean .^., U b O a .~ W ~. a a ~4 a U 0 h~ z 0 x 0 0 A Z N W O a d W a D O CC z w v O N O 01 0 A O U E--+ z ~a A a U O x ~a w w H w h x 0 z n a a w a 0 ~a z w U O N O 01 A O U E~ Z ~o F-- ^C rO V a W E~ O a U H A z w U a a w U w w 0 z 00 F~ H O A O W U w O z 0 A z ~.. o U W H O U W H w z w d x U d W W w ~ W M [--i w N W D z w x U W ~4 ono 00 0 M M .--i "~.'' A a a w a O as z w v 0 W M 00 O ~t U, z 0 a z 0 v d w F x U W V1 W M"~ r"^y r^ V1 O ~I~'~ W x H '~" W H a ~a 0 a W x H W P~. MW F-~~I F-~ W aj N W °° ,~ z ~ ~ c~ ~ O `~ w o ~ ~ O ~ ~ a ~ w w F W a a 0 U w F-~ O N E-~ w ~, a~ ~A E,,,, W w~ o~ ~~ z~ ~a a~ ~~ W ~ ~ w w w ~ o ~ ~ Z ~ ~ N Z a ~ A ~ ~ Z ~ H ~ o ~ O ~ w ~ ~ ~ o h ~ w w w A ~ ~ o ~ ~ a A~ ~~ A~ pA ~z w ow ~ ~ wz Z O w ~ ~ w Z E~ ~x W~ ~O 0 ~~ H~ w~ Uw ZA ~~ z~ ww 00 To: Atlantic Beach City Commission From: Bob, Kathy, Al, and Mary Frosio, co-owners of 151 Club Drive Re: Request for waiver of 151 Club Drive (re: #1702460000) per code ordinances 24-187 We are requesting a waiver to section 24-255, which addresses minimum lot size for any lots created after the regulation went into effect. Per section 24-107 of the Atlantic Beach code of ordinances, single family dwellings zoned RG-2 must have a minimum lot size of 5,000 square feet and a minimum lot width of 50'. See chapter 24, article III, entitled "Zoning Regulations". Per section 24-255, residential lots must be at least 75' in width and no less than 7,500 squaze feet unless approved as a part of a PUD. See chapter 24, article IV, entitled "Subdivision Regulations". Our proposed division of 151 Club Drive would create two 50' x 100' lots equaling 5,000 square feet each. The zoning is RG-2, and the property is not part of a defined subdivision but is legally described as a part of the "Hotel Reservation". We are respectfully submitting our request for a waiver based on the following: 1.) In 1982, the city allowed our mother, Elizabeth Frosio, to subdivide the original parcel (150' x 100') creating a 50' x 100' lot. The lot was sold and the proceeds were used to pay off the original mortgage. The requested second division of the property is a continuation of the original plan to further subdivide the property. Part of the proceeds from the sale of these lots will help provide for our mother's long-term caze. She is the widow of a veteran killed in action in Vietnam. Her hazdship is that her age, mental condition, and . deteriorating health do not allow her to continue to live in or maintain a home, and she has moved to a neazby assisted living facility. The subdivision of the property will allow us to realize the maximum return the property would allow. We are asking the Commission to allow us to exercise our vested rights and to continue the process that the city allowed our family to start in 1982. 2.) The granting bf this waiver will not be injurious to other adjacent properties. In fact, the existing house, a 1920's block home, is in disrepair and would be replaced by two new homes whose style would be consistent with the neighborhood. This helps adjacent property owners by eliminating a potential rental property and beautifying the street. Also, the surrounding property values would increase, and the city would benefit as well from an increased tax base. Club Drive already has one 50' lot with a home adjacent to the subject property. At the end of the street on the ocean is a 35' lot with a house. Directly behind the subject property is Sea Place condominiums, which is a very lazge multi-family unit. Immediately adjacent to the northwest corner of said property is another six unit multi-family development. Additionally, The Cloisters, and Le Chateau aze azound the corner and are also multi-family units. Certainly, two new single-family homes on 50' lots are consistent with the neighborhood. 3.) The conditions upon which this request for a waiver is based are particulaz to this properly. They are not generally applicable to other properties and do not result from actions of the applicant. 4.) The waiver is consistent with the intent and purpose of this chapter; The Comprehensive Plan and the Requirements of this Article. Section 24-107, in Article III, clearly states the miniimum lot width is (50') and size (5,000 square feet).. for RG-2 zoning. On the other hand, Article IV, entitled "Subdivision Regulations" has different minimum requirements, i. e., 75' width and 7,500 square feet (Sec. 24-255). Furthermore, our property is not a platted subdivision but is a part of the "Hotel Reservation". Thank you for consideration of this matter. Sincerely, Bob Frosio Kathy Frosio Ross Al Frosio Mary Frosio SCHEDULE"A" The legal description of the personal residence transferred by the Grantor to the Trustee pursuant to the attached Trust Agreement is as follows: That certain piece, parcel or tract of land situate, lying and being in the City of Atlantic Beach, County of Duval and State of Florida, known and described as: A part of the "Hotel Reservation" as shown on Mayport Terminal Company's map of Atlantic Beach in Plat Book S, page 64, and also shown in Plat No. 1, subdivision "A" of Atlantic Beach as recorded in plat book 5, page b9 of the cun'ent'public .records of Duval County Florida Said part being more particulazly described as follows: For a point of reference commence at Northwest corner of Club Manor, as recorded in Plat Book 25, page 62 of the current public records of said co..unty; thence Run North 85 degrees 32' 15" E, along said North line of§aii~ Clt~h-Manor,, distance of 96.25 feet to the point of beginning; thence~continue North 85 degrees 3'2' 15"FE' along said North line~a distance of 150.00 feet; thence run North S degrees 15' 15" W, a distance of~100:05 feet; thence run South 85 degrees 32' 1 S" W along a line i 00.00 feet North of, as .measured at right :angles and parallel to the ;said north line of Club Manor, a distance of 140.00 feet to 'the Southeast corner of the lands as recorded ia,:Deed Book 1406 page 189 of said public records; thence" South $3 degrees 44' 45" W, along the South line of said lands in Deed Book 1406 page 189 astance of 10.00 feet to the South east corner of the Lands as recorded in Deed Book 708 page 133; thence run South 6 degrees 15' 15" East, a distance of 99.74 feet to the Point of Beginning, Subject to a 12 foot easement for ingress and egress along the North 12.00 feet of the above described lands. _, _ .-- a . ~~ <, .. ~ . 4 _ _ MAP OF: A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT N0. 1, SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5, PAGE 69 O.F THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FORA POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 25, PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 196.18 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06'15'43" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 99.94 FEET; THENCE NORTH 85' 19' 17" EAST, A DISTANCE OF 49.94 FEET; THENCE SOUTH 06' 15'32" EAST, A DISTANCE OF 100.13 FEET TO THE SAID NORTH LINE; THENCE SOUTH 85'32' 15" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 49.94 FEET TO THE POINT OF BEGINNING. SUBJECT TO A 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. ATLANTIC BEACH HOTEL RESERVATION PLAT BOOK 5, PAGE 69 (ALSO KNOWN AS SEAPLACE CONDOMINIUM) O.R.V. #5298, PAGE 125 N85' 19' 17"E 49.94' - --/y ~il~^^EMEM FOR -_ bk ltp31L INGRF59 ANO ECRE59~ G ~O m ~"f~ m ~ Z o ~ 0 ~ C = f~F~ -I ~ b~ I W rn N ~ 1• r ~ I m ,.~ .. ~ 7, P' . a7 ;• a ~ ~ ~ : ... J;g': n~il.e' . ~~.~~ Ti` r~ -~ ~Z:. ~~.-• f~ ___... te• Nas. O N.T O .q m w A v m Neg'32'19'E NOTES THIS GOES NOT PURPORT TO BE A BOUNDARY SURVEY THIS PROPERTY IDES IN FLOOD ZONE 'X' BY FL000 MAP REVISED APRIL 17, 1989, COMMUNITY PANEL NO. I2007g 0001 D BEARINGS B4SE0 ON THE NORTHERLY RIGHT-OF-WAY LINE OF CLUB DRNE AS BEING 5 B5' J2' 1g' W O.R.V. DENOTES OFFICUL RECORDS VOLUME -X-- DENOTES fi' VINYL FENCE EXCEPT AS NOTED -~~- DENOTES 0' WOOD FENCE EXCEPT AS NOTED THERE MAY BE ADDITIONAL ftESTRICTNJNS THAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS 'OF DWAL COUNTY, FLORIW. D U R D E N SURVEYING AND MAPPING, INC. 8150 Lonestar Road Jacksonville, Florlda 32211 (904) 724-5588 Fax 724-9154 LICENSED BUSINESS N0. 6696 1 9TOR! caNCRETE R£910ENCE fl J m J J - n ~ m A C7 o ~ I D ~m. 131.01' N.T,9. D C m O O W ........ 3i.e:.......... Y ~` & I+ ,....N,~ 'gy .g ~E .t`xx wu P ' e[OINNINO S85'32'T5"W 49.94 CLUB DRIVE 50' RIGHT-OF-WAY CERTiFIEO T0: Al & BOB FROSIO I hereby certify that thle survey meets the minimum technical etondords ae act orth by the Florida Board o1 Land Surveureuant to Section 472.027 Florlda Statute an Chapter 81817 Florida AdminlaMotieri r.~a. REGISTERED SURC~YOR No. {707 H. BRUCE DURDEN, Jr. ~ SIGNED JULY 21 SCALE: _ 1" 3n' THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF 1HE ABOVE SIGNED. ~ - ~ ~ ~ (,) -.- ~- ~. -_NN~~-~ ~ -- ~' OooE NLL~ (P ~ Nc Fa Sts' N ~ t,->= --FBI"~ .. __ _ _... m ~ ATTACHMENT C DECEMBER 13, 2004 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Bestcon Homes to Allow Construction of Houses in Paradise Preserve prior to Completion and Acceptance of Streets and Utilities SUBMITTED BY: Jim Hanson, City Mana DATE: December 2, 2004 BACKGROUND: Paul Nichols, President of Bestcon Homes, has requested that the City Commission waive the provisions of the City Code requiring acceptance of streets and utilities in a subdivision prior to issuance of building permits for individual houses. See the attached letter dated November 1 1, 2004 from Mr. Nichols for more information about his request. Also, attached for your information is a letter dated November 12th from myself to Mr. Nichols in response to his letter. BUDGET: The streets in the Paradise Preserve PUD will be privately owned and maintained. As part of the PUD application and approval process, the City has received copies of the homeowner's association covenants that should provide for street maintenance. Assuming that the water and sewer systems are built in accordance with city specifications, then the only cost to the City will be the normal maintenance of the water and sewer lines that serve this subdivision. Other city services such as police, fire, etc will be offset by the ad valorem taxes paid by the new residents. RECOMMENDATION: See the letter to Mr. Nichols dated November 12, 2004. ATTACHMENT: 1) Letter from Paul Nichols dated November 11, 2004 2) Response to Paul Nichols from City Manager dated November 12, 2004 ~~ '"~ j Y~ j j 1111111 ~ ^ ^ ~3ESTCON HOME S 4400 Marsh Landing Blvd. Suite 6 Ponte Vedra Beach, Florida 32082 November 11, 2004 Mr. Jim Hanson City Manager City of Atlantic Beach, Florida 800 Seminole Road Atlantic Beach, FL Phone: 904.246.3747 Dear Mr. Hanson: Fax: 904.246.7126 AGENDA ITEM #8F DECEMBER 13, 2004 CRC022as5 As you may be aware, BESTCON of Jacksonville is nearing completion of the infra-structure for Paradise Preserve, on Dutton Island Road. We look forward as I am sure you do, to having Paradise Preserve become an active neighborhood and an asset to the City of Atlantic Beach. Our success however can only be proven with :our ability to sell and complete houses. That being said, BESTCON Homes has been lucky to have made six sales in Paradise Preserve since we began to offer prospective buyers the opportunity to purchase from us. It is my goal as we near the completion of the subdivision to have these six pre- . sales and two specs submitted for review and permitting by your staff, within the coming two months. It has however come to my attention that the Director of Public Works feels bound by the restrictions of Sec. 24-235 of your Land Development Regulations and as such, is unable to approve the second permit that we have applied for. In the past (Paradise Cove and Hidden Paradise), working in concert with both the Director of Public Works, and the head Building Official, we have been able to begin the process of construction when: 1. The plat for the subdivision had been recorded. 2. Sufficient time had elapsed so as the conclusion of the house construction process clearly would stretch beyond the reasonable time expected to acquire a Certificate of Completion for the subdivision improvements. 3. The builder (BESTCON Homes) accepted fully the knowledge that a Certificate of Occupancy WOULD NOT be issued unless a Certificate of Completion had been issued. I have spoken with our coordinator of the development activities in Paradise Preserve. He told me that we .would be ready for a Certificate of Completion inspection, sometime within the next three months. Our average construction time AFTER receiving a permit is AGENDA ITEM #8F DECEMBER 13, 2004 150 days. I would suggest that this is well beyond the time sufficient to get this Certificate of Completion from Public Works. I would therefore respectfully request some consideration in granting us building permits for these 8 houses in Paradise Preserve. The houses will be built on Lots 3, 4, 13, 32, 43, 44, 45, and 47. As I said, we have not applied as yet for all the permits, but the applications are forthcoming, in the next 5 weeks. I look forward to your response. Si erely yours, e Gi.cc,~ ' Paul W. Nichols BESTCON of Jacksonville, Inc. -President BESTCON Hornes -President cc: Mr. Don Ford, Head Building Official Ms. Sonya Doerr, Community Development Director Mr. Rick Carper, Public Works Director NOV-10-2004 WED 07;45 AM ATL, BCH, PUBLIC WORKS !" -. ~ - FAX N0, 904 247 5843 AGENDA ITEM #8F DECEMBER 13, 2004 DEPARTMENT OF PUBLIC WORKS 1200 SANDPIPBTt LANE ATLANTIC BEACH, FLO1tIDA 3'1'li:i-431$ TELEPHONE: (904) 241-5834 k:A?C: (904) 247.5843 SLINCOM: 852-5834 h ~ gyp://4~-at3anuc-bdnch.fl.uc PLAN RE'VIEVV COMMENTS FROM THE PUBLIC VVOR~ DEPAKTMENT Permit Application # ~ ~ - ~ ~ 2 b ~ Applicant: RE 5T CU~1 1~0 M~ ~i Address: ~ 3 I ~A p`~~ ~ ~ ~ C~O lA~~ N'~w 5`N~1.'E FAME ~-y '~~ ~ tiL~ ~ ~" Project: o Your application is approved as noted by the Public Works Dcp~~t• Finial application aNproval must come from the Building Department. Pri~or~to-issuing building permits for individual lots, a C;ertifi~ate of Completion is required for publicly owned and maintained improvements (water and sewer). City of Atlantic Beach Land Development Regulations Sec. 29-235 lists requirements for issuance of Certificate of Completion. _ Site plan,-topographical survey and drainage plan required. Provide erosion and sediment control plans with details. Builclir~g permit applir_.ation references 931 Paradise Circle, plan review comment sheet references 9:31 k~aradi~e Court, and plans reference Lot 3 Parac3i~se Preserve, Siesta Cove, Jacksonville Beach. Your permit application has been reviewed by the Public Works Department and the following itame need attention: .~ - Please submit these requirements to the public Works Dcpamnent, 1200 Sandpiper Lane, Atlantic Beach, rL 32233 in ord?r that rve can approve your application. If you have any questions, please call (904) 247-5834. Review b 'ck Carper, P.E., Public Works Director r~ Date ~ ~ ~ ~ l~ Signature Contr'a~tor Notified Date Received Time IVov.10, 9~39AM AGENDA ITEM #8F DECEMBER 13, 2004 November 12, 2004 Paul Nichols Bestcon of Jacksonville, Inc. 4400 Marsh Landing Boulevard, Suite 6 Ponte Vedra Beach, FL 32082 RE: Pazadise Preserve Dear Mr. Nichols; CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805 SUNCOM: 852-5800 http://ci.atlantic-beach.fl.us This is to respond to your letter of November 1 1, 2004 requesting a waiver from the city subdivision regulations requiring acceptance of streets prior to issuance of building permits. First, congratulations on your success in selling several of the lots in this subdivision. You are building in one of the last natural and beautiful areas of Atlantic Beach that is left to develop. Undoubtedly the beauty of the land with the marsh frontage, coupled with the proximity to Dutton Island Preserve, will make the sale of the remaining lots relatively simple as well as profitable. The City Manager does not the authority to waive provisions of Section 24-325 of the City Code requiring acceptance of subdivision streets. The authority to do this rests with the Mayor and Commission. If you would like to make an application for their approval, I would be glad to put it on the agenda for their consideration. However, you should know that I would not be inclined to support your request. Several problems have come up in the past when Atlantic Beach, or other cities, have allowed the construction of homes to begin prior to the completion of the streets and utilities. Your last subdivision, Hidden Paradise, provides .some examples of these problems. During construction significant changes were made in the field to the approved design. The drainage and stormwater water treatment facilities were not built in accordance with the approved plans. We understand that your engineer is having ongoing discussions with the Water Management District about improvements that will be needed for their acceptance. There was also considerable discussion between your staff and our Public Works Director about other corrective actions that were required by the city to bring the development to an acceptable level. The streets and drainage system have still not been accepted even though almost every lot has been sold, homes built and families living in them. AGENDA ITEM #8F DECEMBER 13, 2004 .... You offered to let the city withhold Certificates of Occupancy for completed houses until the streets and utilities are complete and accepted. This tends to penalize both the new homeowners and the city. If, as in the case of Hidden Paradise, the development is not built according to plan and there aze protracted discussions with regulatory agencies about corrections, then the homeowners are unable to move in when their homes aze complete. Most new homeowners are anxious to move in and have made arrangements to move out of their old homes. They did not create the problem and they should not be delayed due to someone else's fault. The city is penalized when this occurs because the homeowners often get the impression that this city or other regulatory agencies are being arbitrary. I understand one of your lot owners in Paradise Preserve has already called Public Works to ask why the city would not permit construction to begin on their house. The requirement to complete the streets and utilities prior to beginning house construction is common among other cities. If you are going to begin selling the lots well before the streets are accepted, then it is your responsibility to explain to your buyers what the rules are and why they aze in place. There are many subdivisions in our city that were built well before your time where Atlantic Beach has had to invest large amounts of public funds to correct poor construction practices. While your work has been very good, one doesn't have to look far to see why we have these rules. Last, it is cleaz that you are not far from completion of the streets and utilities. You have already put the base down for some of the streets in your subdivision and the water and sewer lines are in the ground. Consequently, the completion of these items should be in the near future. We hope that the requirement to complete the streets and utilities prior to house construction would impose little or no delay to your eager residents. Pazadise Preserve will ultimately become a positive addition to Atlantic Beach because of the location next to the marsh, the strong reputation that Bestcon Homes has for quality construction, and because of many other desirable factors in Atlantic Beach. We stand ready to work with you to review your plans and inspect your construction quickly. If you have any problems with these, please let me know. I am, Very truly yours, J' anson rty Manager cc: Rick Carper, Public Works Director Don Ford, Building Official Sonya Doerr, Community Development Director AGENDA ITEM #8F DECEMBER 13, 2004 ~i l~lyr;J~ ~' ~~ ~~. r y l'. ~i ,~ _ r /-,,, .,yJ(~1~~': APPLICATION FOR .SUBDIVISION WAIVER City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Phone: (904) 247-5800 FAX (904) 247-5805 http://www.coab.us Date ~p~ - ~p - Q ~ File No. 1. Applicant's Name Receipt 2. Applicant's Addre! 3. Property Location 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification ~~. ~ G. Comprehrhensive Plan F/uture Land Use designation ~~t! 7. Requested provision(s) from which waiver is sought: a`i' OS Zla (C 3. Size of Parcel (~ (,((',r~~5' 9. Utility Provider .J ~~ 10. Statement of facts and any special reasons fo'r the requested Subdivision Waiver, which demonstrates compliance. with Section 24-1.91 of the Zoning and Subdivision 'and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the Citv Commission to approve this request (See attached Section 24-191.) 11. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applica~it is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies (4) d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) o tliorized person if owner's authorization form is attached: Printed or typed na e(s : ~ I ~ (~/'j / Signature(s): _ ,/~ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS T e ~ . APPLICATION Mailing Address: Phone: p~~ ~~~ ~ FAX: ~u.Pa~ h~anv~c AGENDA ITEM #8F DECEMBER 13, 2004 Statement of Facts: It is acknowledged by BESTCON of Jacksonville, Inc. (Developer) and BESTCON, Inc. (Builder) that the City of Atlantic Beach through its subdivision ordinance (Sec. 24-235) disallows the procurement of a Building Permit until such time as a Certificate of Completion has been issued. Both the Developer and Builder would let it be known that: 1. Developer is within three (months) of applying for its Certificate of Completion for Paradise Preserve a planned unit development in Atlantic Beach. 2. The average construction time of a house by Builder in Paradise Preserve is projected to take no less than six (6) months. 3. It is the expressed interest of the Developer to allow sufficient time to properly certify the completion of the improvements. 4. Builder recognizes that the City of Atlantic Beach will not issue a Certificate of Occupancy until such time as a Certificate of Completion has been issued. Builder respectfully requests that building permits for the construction of single-family residences in Paradise Preserve be issued by the Head Building Official given the difference between the time necessary to apply for a Certificate of Completion and the minimum time necessary to complete the construction of a house. ,-'' ~, f~ ~' ~ President, BESTCON of Jacksonville, Inc. President, BESTCON, Inc. ATTACHMENT D DECEMBER 13, 2004 COMMISSION MEETING December 6, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso C Manag re SUBJECT: City Man er's Report JEA Tree Trimming; City staff met with JEA representatives to discuss their need to trim trees around electric lines in Atlantic Beach. City staffhad requested the meeting to discuss better cooperation and coordination as well as to fmd ways to make recently trimmed areas look better. It is understood that an electric company with overhead lines must regularly trim tree limbs to maintain their reliability of the electric system. Problems with storm related reliability became apparent in the recent series of hurricanes. The meeting was very positive. JEA officials agreed to contact city staffprior to any trimming operations in the future to allow for coordination, notification of the Tree Board and some ., cooperative decision-making about which trees and brush should be removed entirely versus which should be just trimmed. In the past, JEA crews have often done the absolute minimum in trimming which left some small trees looking like 12 foot tall stumps. JEA will also provide some plants from their nursery to replant in areas where trees or large bushes have been removed. ISO Rating; The insurance services industry designates a fire rating for each community, which assesses the community's firefighting and water system capabilities. The purpose is to rate the degree of risk that the insurance companies have in providing insurance to homeowners, businesses and industries in different communities. The lower the rating, the lower the insurance premiums that customers pay. Atlantic Beach currently has a ISO rating of 4, which was last established during an inspection in 1996. The Insurance Services Office (ISO) periodically rechecks communities to amend the ratings as needed and the they have notified Atlantic Beach that an inspection will be done early in 2005. Since our last rating, fire services were consolidated with the City of Jacksonville and many water system improvements have been made. City staff is already working with representatives from the Jacksonville Fire Department in preparation for this rating. Water Tank Construction; Contractors have restarted the project to install the water tank on water plant property adjacent to Mayport Road. The owner and principal operator of the subcontracting company that was originally erecting the tank died in an accident several months ago and the project was halted until the city's main contractor, Gruhn May, could fmd another tank construction company to fmish the work. City staff has checked out the references on the new subcontractor and authorized the work to begin again. Completion is expected in early May AGENDA ITEM #9A DECEMBER 13, 2004 which should be in time to coincide with the city's peak water sale season. The contractor will pay damages to the city for the delay of the job, which will cover the city's increase cost for tank inspection. Hazardous Waste Collection; The City of Jacksonville has scheduled another hazardous waste collection day at the beaches. It will be held on Saturday, January 8t~ at City Hall in Atlantic Beach. As before, the public will be invited to bring their hazardous materials to City Hall so that they can be properly handled by the City of Jacksonville. This will include paint, batteries, used computers and so forth. The news media will be asked to publicize the event as the time gets closer. Fleet Landing Utility Bill; The City of Atlantic Beach has been over billing Fleet Landing for water and sewer use since 1995. The total amount of the over billing is approximately $78,000. As soon as city staff can finalize the recalculation of each monthly bill going back to 1995, a rebate will be provided to Fleet Landing. The error in billings was found when the city implemented the recently adopted water and sewer rate amendments. The problem began in 1995 when a recount was done on the number of households receiving individual (non-dumpster) garbage collection at Fleet Landing. The number of units being billed for garbage collection was increased at that time. However, city staff mistakenly assumed that this also meant that their number of residential units for water and sewer billings should also be increased. This was a mistake. It resulted in double counting of 56 units. While Fleet Landing was notified of the increased count for the garbage collection, they were not notified of the change in the water and sewer billings and the Fleet Landing staff had no way of calculating the water and sewer bill for themselves because of the complicated calculations. Fleet Landing is particularly complicated because they have single family units, duplex units, apartment complexes, a nursing home, a restaurant, a laundry and other facilities all connected behind one set of meters. While the billings from any of these would individually be relatively straightforward, the combination of all of these types of customers is a fairly complex process. Post Office Status; Discussions have continued with Post Office representatives about the project to open a public access from the Post Office on Mayport Road onto Plaza Drive. Most recently, Post Office attorneys had determined that the USPS cannot contract with Atlantic Beach to do work on government property due to numerous federal government requirements. However, we have agreed that each entity will design and construct the needed improvements in close cooperation with each other. Both the City and the Post Office are beginning the design of the work. The plan is to have both projects bid at the same time with an option of a discount by a contractor that can do both projects (while working for two different entities). Hopefully, bids can be taken on this project within the next few months and construction begun. The Commission will be posted as to the outcome of the bids when they are received.