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04-25-05 v~" CITY OF ATLANTIC BEACH OFFICE OF THE CITY CLERK 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5810 SUNCOM: 852-5810 FAX: (904) 247-5846 www.coab.us MEMORANDUM To: T'he Honorable Mayor and City Commissioners From: Donna L. Bussey, City Clerk ~~ Subject: Minutes of the Regular Commission Meeting on April 25, 2005 Date: May 3, 2005 As you may be awaze, last weekend the City's file server crashed. As a result, we aze currently "' unable to retrieve a majority of the city's electronic files. Unfortunately, the Minutes of the Regulaz Commission Meeting was one of the documents stored on the server that failed and therefore cannot be accessed or printed at this time. We plan to have the minutes available for approval on the May 23, 2005 agenda. If you have any questions or concerns, please call me. "' MINUTES ,, REGULAR CITY COMMISSION MEETING APR1L 25, 2005 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 Order/Pledge 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. Mayor Meserve acknowledged that there were a number of citizens present to address Item 8G (17th Street Septic to Sewer Conversion) and thus proposed to move that item to immediately after Unfinished Business. He suggested that anyone wishing to address the item could discuss it at that time. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of April 11, 2005 Motion: Approve the Minutes of the Regular Meeting of April 11, 2005 as presented. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Russ Durham- JEA Maintenance Report Mayor Meserve invited Russ Durham, of JEA, to discuss the status of electricity service since the previous hurricane season and the improvements planned by JEA. His presentation included an overview of "` the methods used by JEA to track the frequency and duration of power interruptions. In reviewing data from the last couple years, Mr. Durham reported that the results indicate that JEA is doing a good job of restoring power and limiting the frequency of outages. He also discussed projects April 25.2005 REGULAR COMMISSION MEETING Paee 2 implemented by JEA since the last hurricane season. These projects included better communication with the City, tree trimming, overhead and underground electrical upgrades, and long-term improvements. Mr. Durham acknowledged there was need for better communication between JEA and the City's administration and community. He expressed his personal and professional commitment to improvements in that area. He discussed the difficulties involved with keeping utilities reliable while also preserving the city's tree canopy. Mike Robinson, JEA's arborist, was introduced as the contact person regarding tree issues affecting power lines. Mr. Durham discussed the overhead projects, explaining coastal standards and how beach weather affects electric fuse cutouts. He presented samples of electric fuse cutouts and reported on the fuse cutout upgrade project performed by JEA in the last couple weeks. He discussed the conflict between palm tree growth and maintaining power lines. Mr. Durham stated that JEA just began a new project of replacing twelve utility poles on East Coast Drive in order to get the power lines higher than trees. He reported that JEA's underground improvements included replacing and retrofitting direct bury cables with new technology that will double their lifespan. According to Mr. Durham, asingle-span cable replacement project is also in progress and he reviewed the areas affected. JEA's long-term improvement plans included large-scale direct-bury replacement projects in certain neighborhoods and the implementation of Network Meter Reading. Mr. Durham explained that the Network Meter Reading system would allow JEA to read meters wirelessly and more accurately by removing the human element for error. With the new system, the meters would also be able to communicate power interruptions with JEA's database, thereby eliminating the need for customers to call JEA in order to report power outages. Commissioner Parsons asked where JEA will begin implementing the wireless meter reading system. Mr. Durham answered that some Atlantic Beach customers have already been notified that their meters were changed in the last two years. He also noted that most residential customers in Duval County have already had their meters replaced. Commissioner Parsons remarked on the tremendous breakdown in communications between JEA and the City during the recent hurricanes and inquired about JEA's plans for improvements. Russ Durham responded and explained the different ways that JEA planned to improve communication with the City. Commissioner Parsons asked about the different areas where JEA planned to be working underground. Mr. Durham explained that the priority for the underground work is placed on areas with the greater number of underground faults or trouble tickets from outages. Commissioner Parsons inquired if JEA had any kind of maintenance program to check lines that have been underground for twenty or more years. Mr. Durham discussed April 25, 2005 REGULAR COMMISSION MEETING Paee 3 the encasement of the underground system versus the overhead system in order to explain the important factors regarding failures. Commissioner Parsons expressed concern with the status of Beach Avenue since it is located closest to the ocean. Mr. Durham explained that every street's electric service was inspected as part of the coastal standards and thus was either verified as meeting standards or replaced. Commissioner Parsons asked if JEA had any methods to test for outages occurring for less than a minute. Mr. Durham responded and addressed the issues involved in their tracking methods. Commissioner Parsons reiterated the frustration experienced during the hurricanes due to lack of communication with JEA. Mr. Durham noted that JEA made improvements in communication and service after the first hurricane of the season and that they continued to learn and adapt throughout the storm season. Commissioner Waters asked if the coastal standards pertained to the electrical boxes on side of house. Mr. Durham answered no and explained that the boxes are the responsibility of the resident to provide. Commissioner Waters inquired about the use of transformers and PCBs and Mr. Durham explained that PCBs are rarely used anymore. Commissioner Simmons discussed better placement for meters at residences. Mr. Durham informed her that the meter locations are the decision and responsibility of the customer if they want their meter moved. Commissioner Simmons questioned noises heard from transformers and Mr. Durham explained the possible causes. Commissioner Simmons commented on the inconvenience of outages that last for even less than a minute and also discussed the issue of grounding new meters. She noted that she liked the new poles being placed in the public right of way on Ocean Street and asked about the timeline for the phone lines being moved to the new poles. Commissioner Beaver further discussed the areas of JEA responsibility versus the customer's area of responsibility at residences. He questioned if coastal temtories have different codes for the electric boxes than inland residences. Commissioner Beaver commented that the underground lines were the most problematic and challenging to repair during hurricanes. Discussion ensued regarding the difference in damage caused to underground cables versus overhead systems. Commissioner Beaver expressed concern regarding tree-trimming crews not examining the health and future growth patterns of trees before cutting them. He stressed the importance of educating the crewmen and of having a certified arborist oversee their work. Mike Robinson, of JEA, explained the certification and education program available to their crews regarding tree cutting. Apri125, 2005 REGULAR COMMISSION MEETING Paee 4 Mayor Meserve commented on the major problems encountered during the last hurricane season. He itemized these problems as stemming from bad communication, trucks working in the City without maps with street numbers, workers not knowing the systems or connectivity of different areas, and lack of awareness of the outages. He asked for more details regarding how the wireless meter readers will help notify JEA of the power outages. Mr. Durham explained the wireless notification system. The Mayor thanked Mr. Durham for his presentation to the Commission. Pat Thompson, of 422 20th Street in Selva Norte, addressed the issue regarding power outages during the hurricanes last year. He noted that there were over 100 houses in the area without power, primarily due to the underground power lines. He asked that the City keep pressure on JEA to enact their plan to fix cables this year rather than a year from now. He expressed his appreciation for the City's assistance when residents were not able to get in touch with JEA. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Hanson addressed the issue of UV disinfection at wastewater treatment plants. He stated his intent to clarify any misunderstandings regarding the subject of chlorine use in the City's water system. He referenced a letter to the editor that suggested replacing the City's chlorine system with an ultraviolet method for disinfection and noted that City staff responded that State and Federal regulations do not allow the elimination of chlorine. City Manager Hanson discussed a citizen's implication that City staff could not be trusted because the EPA had stated that the UV method could be used as the primary disinfection method. The City Manager clarified that Atlantic Beach does not require primary disinfection and thus does not perform that level of disinfection. He explained that the secondary system used by the City requires chlorine in order to keep a residual in the water lines to residences. He noted that adding UV treatment would not improve the drinking water and would be extremely expensive. He distributed a memo from Donna Kaluzniak, Director of Public Utilities, which explained the issue and is attached and made part of this official document as Attachment A. B. Mayor's response to recent letters to the editor For the public record, Mayor Meserve responded to letters to the editor that implied illegal or unethical actions taken by the Mayor, in regards to a letter dated August 18, 2004 concerning Johnston Island. The Mayor gave the background of the letter from a developer and stated that it was not a letter demanding action, but, rather, it was simply a proposal. The Mayor noted that this letter, like all letters addressed to the Mayor, was also distributed to the Commissioners and the appropriate City staff upon its receipt. He April 25, 2005 REGULAR COMMISSION MEETING Pave 5 disputed any indication that the petitioners' suit against the City saved the City from spending 8 million dollars to purchase the island. The Mayor noted that the letter from the developer had been misquoted in the letter to the editor. Item 8G was taken out of sequence and acted on at this time. G. 17th Street Septic to Sewer (Commissioner Waters) The Mayor opened the floor to public comments on the issue. Bob Byrod of 6217th Street addressed three main concerns he had regarding the sewer system on 17th street. He expressed dissatisfaction with responses from City staff when they were asked about the issue. He questioned why certain people had to pay impact fees and why others did not. Mr. Byrod stated that his main complaint was that the residents were told that taps would be installed when the road was torn up years ago and now they discovered only half the street had taps. He believed that the City should have inspected the work before it was stopped and he was upset that now he has pay 300% more to have a tap put in than he would have paid back then. David Boyer, 2061 Beach Avenue, stated he has lived at that address since 1965 and has been using a septic tank without any problems. He indicated that he is in the same position as the property owners of 17th and Coral Streets. He made reference to the letter sent to the commissioners by the property owners. The letter from the citizens is attached and made part of this official document as Attachment B. Mr. Boyer gave the history of sewer lines that were installed at 20th Street in 1986 and later at Beach Avenue in the 1990's. He questioned why all of the residences around his home received water and sewer taps but his house did not get either. He stated he would like to have a sewer and water tap installed for his residence and asked for the same consideration and fair treatment that everyone else has received. Chris Griffith, 75 Coral Street, accepted the fact that they were required to hook up to City sewer and stated he did not have a problem paying the cost of sewer installation from the house to the street. However, he voiced concern with having to pay for the tap and with the fact that only one company, Gruhn May, would do the job for the price of $5000. He asked if the City could assist the residents in acquiring competitive bids from other companies. Mr. Griffith also pointed out and questioned the inconsistencies regarding who pays for taps and how much they pay. He appreciated any consideration the Commission could give to their issue. Karen Parish, 68 17th Street, stated she has lived at her home since 1979, with no City water or sewer. She indicated that residents were under the impression that taps would be available when the sewer lines were installed, Agri125.2005 REGULAR COMMISSION MEETING Paee 6 in case they connected to City sewer in the future. She noted that now the residents have discovered that there are no taps available. Ms. Parish stated willingness to connect to City sewer but requested, at the very least, to only have to pay what the assessment would have been when the original work was done. She also commented that she and her husband have never been officially notified by the City to connect to City sewer. She kindly asked that the City consider the questions, issues and solutions presented in the letter from the residents. Leslie Bell, 7617th Street, reviewed the letter sent by the residents to the Commission. She indicated that the main issues of discussion are the tap fees and the impact fees. She quoted the fees involved as being $4800 for tap, $1250 for impact, and $2500 for plumbing, totaling over $8000 per home to hook up to the City's sewer. She questioned why the City requires one tap per property when one tap can technically serve five to six homes. She asserted this was excessive and cost prohibitive, and strongly suggested that City allow sharing taps in order to help reduce the costs involved. She reiterated the City's inconsistency regarding who pays for the tap fees, the prices paid for the tap fees, and the timelines given for payment. Ms. Bell remarked that homeowners are responsible for the area at their houses and the City is responsible for the area on public property. She discussed impact fees and that the intended purpose is to improve the impacted facilities. Ms. Bell did not believe their homes would be impacting any facilities and therefore stated that they should not have to pay impact fees. Ms. Bell recounted the four suggestions listed in the letter: 1) The City could provide taps at the ratio of one tap per 5-6 homes. 2) If property owners pay for the taps, they should receive the option to be assessed for the costs involved. 3) Impact fees should be waived; if not, the City should provide proof of how the fees are being spent to improve the facilities affected. 4) If impact fees are not waived, the City could apply the fees towards cost of the taps. Kim Rogers, 5617th Street, stated that she has lived in Atlantic Beach for seven years and is willing to comply with the septic to sewer conversion. However, she stressed that a total cost of almost $17,000 ($5000 for impact fee, $5000 for tap, and $5000 for work) is a large amount to pay in order to connect to the City sewer line when her septic tank is working fine. She questioned the concept of fair and equal treatment of all Atlantic Beach citizens when different areas of the City have different timelines for compliance. Ms. Rogers asked why the taps were not put in when the sewer lines were laid and thought it was an oversight of the City. She noted it would have reduced their costs and now they have to pay much more. She asked the City Manager for subsidization of the projects and stated she is doing research on other areas that were given special consideration by the City for this issue. She asserted that $5000 is too much to pay for a tap and that it is not fair to only have one company willing to do the work, without any competitive bids. She expressed that fair and equal treatment would allow them the option of an assessment and the timeline to comply like other areas were given. April 25, 2005 REGULAR COMMISSION MEETING Paee 7 Richie Bell, 7617th Street, stated he has resided at his address since 1985. He proceeded to explain his understanding of the sewer line installation performed in 1986. He remarked that, at that time, the City allowed the sewer line to be available only to the new condominium project and wondered why the City did not plan for the future by installing other taps as well. He questioned the City's lack of foresight and felt the City should be held responsible for the current problem because access to the line was initially omitted. He noted that the costs to the private property owners have become so exorbitant that the City has increased its financing offer. He expressed concern that the City is currently offering financing at an interest rate which is 2% higher than the typical current rate of interest. He also had concerns with the fact that the City charges two impact fees for a duplex but that the property can only be rebuilt as single-family structure. He indicated that these City rules greatly affect the hook up cost and value of investments for duplex owners. Mayor Meserve brought the issue before the Commission. City Manager Hanson gave a historic perspective on the City's policy regarding the payment for taps. He noted that the tap cost has always been paid entirely by the resident or business. He addressed the question of why taps were not put in when the lines were installed. The City Manager explained that the sewer lines in question were put in by private developers prior to the state law requiring hook-up to the City's sewer system. Therefore, he noted, at that time there was no logic or reason for the City to require that taps be installed. The City Manager discussed the petitions received from groups of citizens requesting extension of the water/sewer lines and installation of taps after the state law was enacted. He explained that the assessments and timelines were created by the City five years ago in order to help relieve the burden of citizens paying for the cost of the sewer lines and the cost of connection at the same time. Commission Waters asked for clarification on how many people can be connected to one tap. Donna Kaluzniak, Director of Utilities, responded that the City's building code allows two units per tap. She informed the Commission that sewer problems are created when more than two units are connected per tap. She noted that each unit would require an individual clean out at the tap in order to troubleshoot any sewer problems. Commissioner Waters asked if the City could bid out for the services needed. Ms. Kaluzniak responded that Gruhn May's price was the lowest price received for the City's bid for an annual service contract. She stated that the City could try to get more bids for the project but advised that they might not receive any other bidders due to the nature of the project. Commissioner Waters expressed sympathy for the citizens and discussed issues with his own neighborhood's situation. He asked City Attorney Alan Jensen if the City had made an agreement with the assessed citizens Apri125.2005 REGULAR COMMISSION MEETING Paee 8 that they would not have to connect until their septic tanks failed. City Attorney Jensen responded that the final agreement stated that once the assessments were over, the citizens had to hook up to City sewage within a year. Discussion ensued. Commissioner Waters stated that the information handed out said that tapping in to the sewer line should cost about $1200 to $2400. He noted that the actual cost differs from those amounts by about $2400 and suggested that the City should take care of that difference in order to be fair to the citizens. Ms. Kaluzniak clarified that the information given had presented the costs in general terms and had stated that the actual costs could be greater, depending on depth and other circumstances. Mayor Meserve discussed the issue of the number of homes allowed per tap and stressed that this fact would need to be confirmed before any real decisions could be made. He reiterated the fact that state laws have changed over the years and that when the sewer lines were established, there were no requirements at that time to connect to City sewer. He noted that the City could not force anyone to do anything that was not required at that time, but now the City is enforcing a law that requires people to connect to City sewer within a year of having access to it. Mayor Meserve reviewed options regarding the number of homes per tap and the creation of an assessment system for citizens with high costs. He mentioned the idea of considering counting the tap fee against the impact fee in the specific circumstances involving high costs. Mayor Meserve suggested getting more information and bringing the issue back before the Commission again. Commissioner Beaver asked that the City put some pressure on Gruhn May to help the City through the situation and possibly reduce some of the pricing. He suggested extending the deadline for the conversion until the City comes to a conclusion based on the necessary information. Mayor Meserve acknowledged that the current end date of May 22, 2005 would be extended until the Commission could make an informed decision. City Manager Hanson noted that as long as a citizen is making efforts towards their conversion, they would not be brought before the Commission for a code violation. Mayor Meserve reiterated that the City will work out the situation in a fair manner. He discussed the issue of impact fees and how they are used to support City utility systems. Commissioner Waters questioned the fairness of duplex owners paying two impact fees but only allowed to rebuild asingle-family home on their property. Commissioner Simmons indicated that the law allows duplexes and townhouses to be rebuilt. Mayor Meserve stated that the issue will be researched and put in writing for the citizens. City Manager Hanson also noted that the notification letter addressed to the Parishes is already in the mail to them. April 25, 2005 REGULAR COMMISSION MEETING Paee 9 Mr. Boyer stated that the water and sewer lines put in on Beach Avenue were a city project, not a private project and there was no tap put on it for his property. Donna Kaluzniak mentioned that the line ended at the manhole and the City did not work past that point. Bob Riley stated he lived on 17th Street when the line was put in and he asserted that the work was done by the City. Mr. Riley inquired if there are any maps indicating where taps are located. Mayor Meserve replied that the City would gather more facts on that matter and all the other issues discussed and the item would be brought back before the Commission at the next meeting. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Safety Quarterly Report, Building Department, Utility Sales and Financial Monthly Report for March 2005 (City Manager) B. Award the Kestner Road Water Main Project, CDBG, Bid No. 0405-12, to Gruhn May, Inc. in the amount of $49,580.00 and authorize the City Manager to sign the contract (City Manager) C. Approve the selection of Springsted Incorporated to conduct a City Classification & Pay Study update and authorize the City Manager to sign appropriate documents (City Manager) D. Approve an Extension of the Meter Testing and Repair contract for one additional year to Reed & Shows Meter Repair & Supply at the contract prices (City Manager) E. Approve an Extension of the Sewer Cleaning and Televising contract for one additional year to Equitas Sewer Services., Inc. at the contract prices (City Manager) F. Approval and acceptance of Final Subdivision Plat for Scheidel Court (City Manager) Commissioner Parsons requested that Items D and E be pulled from the Consent Agenda for discussion. Commissioner Beaver asked that Item C be pulled and Commissioner Waters asked that Item F be pulled for discussion. Motion: To auprove Consent Agenda Items A & B as presented. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED In regards to Item C, Commissioner Beaver asked if the City has contacted Apri125.2005 REGULAR COMMISSION MEETING Paee 10 Jacksonville Beach about the status of their relationship with the current vendor. George Foster, Director of Human Resources responded that he has discussed the issue with the Human Resources Director at Jacksonville Beach and it was revealed that they have used the company previously and are very satisfied with the company. Motion: To approve Consent Aeenda Item C as presented. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Commissioner Parsons asked if the contractors for Items D and E perform their work only as needed, or if they are also contracted to do maintenance work. Donna Kaluzniak, Director of Public Utilities responded that sometimes the contractors will be scheduled for a specific project, but often if there are problems in a certain area, the contractor will be sent to test and monitor that area. She informed the Commission that the meters are tested and only repaired if needed at that time. Commissioner Parsons stressed the importance of performing routine maintenance work in order to find potential problems before they become problems. Ms. Kaluzniak responded that the City attempts to give priority to completing the larger projects while the City has funds for them. Motion: To approve Consent Agenda Items D and E as presented. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED On Item F, Commissioner Waters inquired why the plat map only showed three tracts and did not define the number of units in the area. City Manager Hanson explained that the tracts indicate the condominium complexes in the plat. Commissioner Waters asked for the number of units being built. Rick Carper, Director of Public Works, responded that eleven units are planned. Discussion ensued regarding the lack of details on the plat map. Motion: To approve Consent Agenda Item F as presented. Moved by Waters, seconded by Simmons Votes: Aari125.2005 REGULAR COMMISSION MEETING Paee 11 Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports No Committee Reports Action on Resolutions 6. Action on Resolutions No Resolutions Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-05-70, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 Mayor Meserve read the ordinance by title only. He explained that this ordinance primarily addresses the issues of budget changes so that the City can pay for particular items they have decided to fund. Commissioner Parsons asked if the City had heard anything from FEMA. The City Manager responded that they had no more information since the last report received. Nelson VanLiere, Director of Finance, stated that it had been two weeks since the City sent in their appeal and that FEMA is allowed 60 days for their response. Motion: To annrove Ordinance No. 20-05-70 on first reading. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Recommended Code Changes for Working in the Public Right of Way and Impervious Material Limitations (City Manager) Rick Carper, Director of Public Works, stated that staff proposed changing the City code to require permits for any work by a citizen within the City's right of way. Mr. Carper summarized the recommendations in his staff report for the Commission and gave a presentation that included examples of the issue. He discussed citizen responsibility of work performed, Apri125, 2005 REGULAR COMMISSION MEETING Paee 12 prohibiting parking aprons, impervious limitations, Land Development Regulation changes, setbacks, driveway widths, materials approved for the work and onsite retention systems. Commissioner Simmons commented that the City is beginning to look like a patchwork quilt from lot to lot and that she finds it aesthetically unappealing. She questioned the amount of administrative effort that would be needed to go over every landscaping issue in the right of way, as suggested in the report. Mr. Carper presented reasons that support the need to review landscaping permits in the right of way. Commissioner Simmons requested that a list of the arterial streets be added to Item #3 of the report. She also expressed concern on how to handle the issue of parking spaces for duplexes on 50-foot lots. She noted that these circumstances often result in entirely paved front yard areas. She suggested that the City consider duplexes a bit differently than single-family units on 50-foot lots. Commissioner Simmons asked for language to be included which clarifies specific areas where turfbloc is allowed and not allowed. She strongly supported the idea of changing the impervious calculation for pavers from 50% to 75%. Commissioner Waters reinforced the need to define arterial streets so that the streets on the other side of Mayport Road are not neglected. He noted that concrete pads are more prominent in those areas and suggested using ''" turfbloc instead of concrete for some of those situations. Commissioner Parsons inquired if the specific problem existed mainly on weekends. Mr. Carper responded that currently work is performed at anytime since no permit is required. Commissioner Parsons asked the difference between pavers and smooth concrete. Mr. Carper replied that the main difference between using those materials in a sidewalk area is an issue of safety. Chief David Thompson, Director of Public Safety, added that police have trouble ticketing a car that is parked on a sidewalk that appears to be part of a driveway. Commissioner Parsons stated that he does not have any problems with pavers and thinks they are attractive. Commissioner Beaver supported the recommendation regarding sidewalks. He noted that any work done to the sidewalk by anyone other than the City could potentially be hazardous to pedestrians. Mayor Meserve advised the staff to bring back the item with the appropriate language for an ordinance. B. Proposal for City Acquisition of Seminole Road Ditch "Spite Strips" (City Manager) City Manager Hanson explained the issue being discussed and the area involved. He reported that if the Commission decides to acquire ownership of the property, they would also need to decide if the parcel should be cleaned up and, if so, by whom. Apri125.2005 REGULAR COMMISSION MEETING Paee 13 Mayor Meserve proposed acquiring the property if it is being offered at no charge to the City. He also suggested that the City write letters to the property owners along the ditch, asking how they would like the area to be maintained. Commissioner Simmons questioned why the City would desire responsibility of the parcel. She advised leaving it in the hands of the owners and letting it grow without requiring any maintenance for it. Discussion ensued on whether or not to accept the property and what to do with it. It was the consensus of the Commission to move forward with acquiring the property. Discussion ensued regarding the current ownership of the area and if the property could be sold to other parties. Motion: To authorize the City Manager to acquire the Seminole Road Ditch "Spite Strips" property, if offered at no cost to the Citv Conversation ensued regarding the current status of the property and possible options for maintaining it. Moved by Waters, seconded by Beaver Votes: Aye: 4 -Beaver, Simmons, Waters, Meserve ""` Nay: 1-Parsons MOTION CARRIED C. Installation of Freedom Shrine (City Manager) City Manager Hanson noted that the information presented in his staff report is similar to the information given at the last Commission meeting. He reported that the Exchange Club has no objections to the documents being rotated throughout other City buildings, as long as the documents are accessible to the public. Commissioner Waters did not support placing the documents in the City Hall or at Adele Grage. He suggested that Jordan Hall would be a good location for the shrine due to the fact that a lot of children visit it. He agreed that the City should accept the Freedom Shrine but believed that the proper location needs to be found for it. Commissioner Parsons concurred that City Hall would not be the appropriate place for the documents. He supported the idea of including Jordan Hall in the rotation of the documents. Commissioner Simmons noted that the Exchange Club prints a Freedom Shrine textbook that explains the meaning of the documents and suggested that the documents also be rotated through the Community Centers as a learning tool during the summer sessions. Commissioner Beaver also reiterated that the City should accept the Shrine, but that City Hall is not the right place for it. He suggested contacting Atlantic Beach Elementary as Apri125, 2005 REGULAR COMMISSION MEETING Paee 14 another possible location. Mayor Meserve recommended accepting the 19-foot version of the Shrine and suggested that the City has enough locations for placing it on a rotation basis. D. Letter from Florida League of Cities, Inc. on the Proposed Constitutional Amendments to Review FL Sales Tax Exemptions (City Manager) City Manager Hanson explained that the proposed amendment would require that sales tax exemptions be reviewed periodically to see if they are still needed. He noted that the Florida League of Cities is asking that member cities support them in passing the resolution. He commented that there are a number of sales tax exemptions and that some are less logical or practical than others. Mayor Meserve commented that he was not in favor of endorsing a proposition that forces legislature to attack an issue that he does not consider a constitutional issue. Commissioner Beaver agreed with the Mayor and remarked that the legislature needs to make the decision on the issue without it becoming a constitutional amendment. Commissioner Simmons remarked that she was in favor of some of the proposal, but not all of it. She questioned if it was appropriate for the Commission to make this type of decision regarding a State issue that was not generated from the local community. Commissioner Waters discussed the different ways to define a community and noted that the item was generated by the community of cities in Florida that are affected by it. He recommended sending the content of the proposed resolution to the City's representatives and asking them to look at it. He indicated that reviewing sales tax exemptions at periodic intervals makes sense and suggested that the City draft a letter asking the representatives for their support rather than creating a constitutional amendment forcing them to act on it. Mayor Meserve advised that the Commission's letter be kept to the general issue of supporting periodical review of the sales tax exemptions. E. Staff Report on Request from Senator Dockery to Support Legislation to Develop Alternative Water Sources (City Manager) City Manager noted that the City has received no specific legislation from Senator Dockery on this issue and thus expressed concern that the item is still open to interpretation. He recommended that the City not take a Anri125.2005 REGULAR COMMISSION MEETING Paee 15 position until Senator Dockery articulates what is being requested. The Mayor advised the Commission to review the language before supporting any legislation that might address water rights in Florida. He noted it is doubtful that any new legislation will be passed this year. F. Extension of Lift Station SCADA (Bid No. 0304-21) contract with Control Design, Inc. to include ten additional lift stations at a cost of $55,550 (City Manager) Motion: To extend Control Design, Inc.'s contract for lift stations' SCADA to include ten additional lift stations at a cost of $55,550 The City Manager reviewed the staff report on this item. Moved by Parsons, seconded by Beaver Votes: Aye: 4 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED G. 17th Street Septic to Sewer (Commissioner Waters) This item was acted on earlier in the Agenda. H. City of St. Augustine Beach's Resolution Supporting the Florida Open Beaches Act (Commissioner Waters) Commissioner Waters explained the contents of the document and noted that the document protects the limited amount of public access that currently exists. He expressed his support for the resolution and gave examples of local situations where he has seen public access given away for the purpose of private enhancement. Commissioner Simmons commented that, although she supports preserving our beach accesses, she was not in favor of passing a resolution supporting an act she has not yet read. She noted that she would need to read the bill in order to answer questions regarding the act. Commissioner Beaver agreed and commented that it would have been helpful if the information on the act itself had been presented. Mayor Meserve noted that the bill was currently conceptual in nature and most likely will not be passed this year. He agreed with the need to protect public access but, as a home rule supporter, he expressed concerns with giving up local rights to the State government. The Mayor also indicated Apri125.2005 REGULAR COMMISSION MEETING Paee 16 that he would need to read any bill before deciding whether or not to support it. City Manager 9. City Manager A. City Manager's Report City Manager Hanson briefly commented on each item of his written report, which is attached and made part of this official record as Attachment C. Opening of New Skate Park City Manager Hanson reiterated that the grand opening for the Oceanside Rotary Skate Park will be held on Saturday, May 14`h, 2005 at 9:00 a.m. He noted that invitations are in the process of being mailed out soon. Community Character Workshops He reported that the beginning of the week of June 13`h was the earliest that the City could schedule the first meetings with Winter and Company. ~* In addition to his written report, the City Manager also reported on the ~` following: Employee Health Fair City Manager Hanson informed the Commission that the City has scheduled its second Employee Health Fair to take place in the Commission Chambers on Monday, June 6`'' from 7:30 a.m. until noon. He noted the types of health screening and information that would be available and invited the Commission and City staff to attend. Beach Renourishment He announced that the City of Jacksonville and the State DEP have agreed on terms for a contract and they are scheduled to open bids for beach renourishment on May 3`d Hopkins Creek Project The City Manager discussed the issue of acquiring two acres of property needed in order to construct a retention pond for the area. He noted that the original appraisals were dated November 2003 and that, after discussions with the City Attorney and reviewing State laws, the City has determined that they need to get two updated appraisals before proceeding. The Commission will be notified of the results when they are received. Apri125, 2005 REGULAR COMMISSION MEETING Paee 17 Jacksonville Day City Manager Hanson reported that he and the Mayor attended Jacksonville Day at the State legislature and were able to receive the status of many bills that may affect the City. He noted that some of the important issues discussed with legislators included growth management reform, fireworks industry restrictions, communication service tax funds, benefits for police and fire, and State funding for the Better Jacksonville Project. Mayor Meserve reported that Commissioner Waters also attended the event and stressed the importance of representatives from the beaches attending in order to make impact and address the legislators as a united beach community. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Attorney Jensen • Reported on the issue of regulating newspaper /magazine racks. He informed the Commission that the City could not remove the racks due to the public's entitlement to free speech. He suggested options for controlling their location and appearance and discussed different examples used by other areas. He indicated that he had a model ordinance for reference and asked the Commission what direction they would like to take with the issue. • Commissioner Waters expressed his dislike for the current manner of display and irregular look of the racks in the City. He referred to the town of Winter Park as an example of how to regulate the number and appearance of the racks. He suggested that the Commission discuss how much money the City would be willing to put towards standardizing the racks. • City Attorney Jensen responded that he would look into Winter Park's situation and see if they have an ordinance for comparison. Commissioner Beaver • Informed the Commission that he is part of a group fighting broadband telecommunication services forcing themselves into commercial office buildings. He distributed information regarding a proposed bill that would allow broadband services to remain free of state and local regulations. He asked the Commission to read the information and have City staff review it in order to determine if it might have a negative impact on telecommunications in municipalities. April 25, 2005 REGULAR COMMISSION MEETING Page 18 • Discussed an incident that occurred at Tideviews Park recently and noted that it was not a reflection of random acts of violence in the City. Nonetheless, he recommended pursuing the idea of setting up a mobile home and police officer on the park property for security purposes. Stated he would discuss the issue with the City Manager and the Public Safety Director and bring back suggestions for the Commission to consider. Commissioner Simmons • Suggested putting raised pavers or a decorative crosswalk in front of the entrances to Howell Park on Sherry Drive and Seminole Road. Remarked that this could help slow traffic a little and guide people to the park from both sides. • Discussed the issue of the magazine/news racks and asked if the City could limit them to only one location in Town Center. City Attorney Jensen responded that the City could limit the number per location, but would need to allow multiple locations. Commissioner Simmons stated a preference to have only one location with many items at it rather than several locations with a limited amount of items at each. Commissioner Parsons • Reported that the Commissioners signed a letter to Sandy Stranahan, thanking her for her donation of the sea cow statue placed in Russell Park. He noted that she modestly declined their invitation to have her recognized at the meeting that evening. • Discussed the parking situation at the Adele Grage Cultural Center and asked who is allowed to park in the area marked for `official vehicles only'. Chief David Thompson responded that the area is reserved as authorized parking only in order to ensure space for the lifeguards. • Expressed concern that the beach renourishment was stopped due to dredging rights being discontinued. City Manager Hanson clarified that the project was stopped due to sand source issues and time constraints because the contractor had committed to move on to another job. Commissioner Parsons asked how the City could prevent the situation from recurring. The City Manager noted that he has been communicating with the parties involved in order to work out the agreement to the best of their abilities. Anri125, 2005 REGULAR COMMISSION MEETING Page 19 i Commissioner Waters • Discussed incidents of rescue vehicles having difficulty finding addresses due to the irregularity of the numbering on certain City streets. He suggested that house numbers be regularized in those areas. Discussion ensued regarding the scope of the problem and the streets involved. Chief David Thompson noted the reasons that residents are resistant to changing the house numbers. He commented that police and fire personnel who have been working in the City for a while are familiar with the addresses. He indicated that he could bring back information on what would be involved in making the changes. • Recommended planting willow trees in low marshy areas in order to absorb water and dry out the areas. • Remarked that the old carpenter gothic church being given away by Beaches Chapel could make a good residence for park security in one of the City parks. Adjournment There being no further discussion, ltl~ ~ayor declared the meeting adjourned at 10:23 p.m. n ~ I 1 ATT ST: Donna L. Bussey City Clerk Mayor/Presiding Officer ATTACHMENT A APRIL 25, 2005 COMMISSION MEETING "` MEMORANDUM April 18, 2005 To: Jim Hanson, City Manager From: Donna Kaluzniak, Utility Directo RE: Disinfection of Drinking Water In response to Mr. Kuti's letter to the Commission dated March 11, 2005 I have the following comments. Ultraviolet Light (UV) disinfection is approved by both the Florida Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency (EPA) as a primary disinfectant. Primary disinfectants are required and used by systems that have surface water or other bacteriologically contaminated water as their source. This is confirmed by the March 17, 20051etter from EPA's Daniel Schmelling to Mr. Kuti, which says "Current EPA regulations allow public water systems (PWSs) to use UV light for primary disinfection of drinking water." "' Primary disinfection is not required for the City of Atlantic Beach's water, as our source is the Floridan Aquifer, and not a surface water or bacteriologically contaminated source. Atlantic Beach is only required to provide secondary disinfection to prevent contamination in the distribution system. Secondary disinfection requires addition of chemicals that will result in a chlorine residual. I have verified this information with Ed Cordova, P.E., DEP's Potable Water Program Manager, Northeast District. Currently, Atlantic Beach adds a small amount of chlorine at the entry point to the distribution system to meet the secondary disinfection requirement, as per the DEP regulation cited below. Adding a UV system would not allow the City to eliminate the addition of chlorine. It would only provide an unnecessary primary disinfection system. Florida Re lator~Requirements• From Department of Environmental Protection Rules Chapter 62-555 Permitting, Construction, Operation and Maintenance of Public Water Systems DEP Rule No. 62-555.320(12)(d): "All suppliers of water shall maintain a minimum free chlorine residual of 0.2 milligrams per liter, or a minimum combined chlorine residual of 0.6 milligrams per liter or an equivalent chlorine dioxide residual, throughout their drinking water distribution system at all times." DEP Rule No. 62-555.320(6): "Suppliers of water shall maintain a minimum free chlorine residual of 0.2 milligrams per liter, or a minimum combined chlorine residual of 0.6 milligrams per liter or an equivalent chlorine dioxide residual, throughout their drinking water distribution system at all times. If at any time the residual disinfectant concentration in any portion of a distribution system falls below the required minimum level, the supplier of water shall increase the disinfectant dose as necessary and flush said portion of the distribution system until the residual concentration in their distribution system as described in paragraphs (a) and (b) below." Definitions of Primary and Secondarv Disinfection -From EPA's Guidance Manual Alternative Disinfectants and Oxidants. Primary disinfection: The first (i.e., primary) disinfectant used in a treatment system, with the primary objective of the disinfectant being to achieve the necessary CT (i.e., microbial inactivation). Secondary disinfection: The second disinfectant used in a treatment system, with the primary objective of the disinfectant being to maintain the disinfection residual through the distribution system. 2 Stephen A. Kuti 1132 Linkside Drive Atlantic Beach, FL 32233 Tel: 904 246-3700 e-mail: oregcigany(a~msn. com March 11, 2005 Mr. Mayor, City Mgr., Commissioners: In January 2005 I provided you with information regarding a State-of--the Art Water Treatment Facility dedicated in Seattle, WA. I also reported, that the Catskill-Delaware water district is also considering the use of Ultra Violet light to purify water being used in New York City. Two weeks later Staff told you, that Water Treatment using Ultra Violet light is not allowed by the Environmental Protection Agency because the Agency needs to have "recorded residue "and with UV, there is no residue. In February, 2005 I also learned, that Clayton County in Georgia also uses UV technology at their water production plant. Clayton County is located in the same EPA Region #4 as Atlantic Beach, therefore the rules are the same. On March 11, 2005 I asked the Regional Administrator, Mr. Palmer In Region 4 and the United States Environmental Protection Agency Administrator in Washington, D. C. if UV is an acceptable method for drinking water disinfection and what method is used for reporting compliance. Their response came a week later from Mr. Schmelling and stated the following.• "The Environmental Protection Agency (EPA) recognizes UV light as effective for reducing levels of pathogenic microorganism in water. Current EPA regulations allow public water systems (PWSs) to use UV light for primary disinfection of drinking water ". As the water leaves the Plant, a small amount of chlorine is added to disinfect distribution lines. "EPA published draft recommendations for the design and operation of UV processes by PWSs in the Ultraviolet Disinfection Guidance Manual, which is available online at http://www.epa.gov/safewater/1 t2/guides.html " EPA expect to finalize these regulatory criteria and guidance recommendations in late 2005.. As you can see, you shouldn't blindly trust Staff reports you receive!!! Ja~tEO STgT~S " ~'" ~ 'Z UNITED STATES ENVIRONMENTAL PROTECTION AGENCY i ~ ` WASHINGTON, D.C. 20460 ~F ~o~ tijgC PflOtEGS March 17, 2005 Mr. Stephen A. Kuti 1132 Linkside Drive Atlantic beach, FL 32233 Dear Mr. Kuti: OFFICE OF WATER Thank you for your letter of March 11, 2005 to the Administrator regarding ultraviolet (LN) disinfection of drinking water. In this letter you asked whether LTV is an acceptable method for drinking water disinfection and what method is used for reporting compliance. ~ The Environmental Protection Agency (EPA) recognizes LJV light as effective for reducing levels of pathogenic microorganisms in water. Current EPA regulations allow public water systems (PWSs) to use LN light for primary disinfection of drinking water. However, EPA has not yet finalized criteria for the design, operation, monitoring, and compliance reporting of LN processes by PWSs. Consequently, a state would establish these criteria for a PWS at this time. EPA plans to establish criteria for PWSs using LN disinfection as part of the Long Term 2 Enhanced Surface Water Treatment Rule. These criteria will include UV doses to treat for Cryptosporidium, Giardia lamblia, and viruses, as well as requirements for LN reactor performance validation, monitoring, and reporting. EPA proposed these criteria in the Federal Register on August 11, 2003 (vol. 68, pg. 47640}. In addition, EPA published draft recommendations for the design and operation of LN processes by PWSs in the Ultraviolet Disinfection Guidance Manual, which is available online at http:!/www.epa.Qov/safewater/lt2/~uides.html. EPA expects to finalize these regulatory criteria and guidance recommendations in late 2005. In regard to reporting compliance for LN, EPA's proposed criteria involve two general steps. First, LN reactors undergo testing to correlate operational parameters like LN intensity and flow rate with disinfection performance. Second, PWSs monitor and report these paraneters during routine use to verify that the LN reactor is achieving the required level of disinfection. Please contact me at (202) 564-5281 or schmellin:; dan~epa.~ov if I can provide additional information of if you have further questions on these matters. Sincerely, ~' --~ Daniel C. Sclunelling Internet Address (URL) • http://www.epa.gov Hanson, Jim From: Kaluzniak, Donna Sent: Wednesday, January 19, 2005 4:15 PM To: Hanson, Jim c~ Townsend, Tim; Mc Nally, Harry abject: Letter to Editor Jim, in case you are asked any questions regarding Mr. Kuti's letter to the editor today, regarding how chlorine use is killing our planet, and we should change to UV disinfection... DEP and EPA do not allow UV disinfection for drinking water. They require a chemical addition that has a residual that can be measured at remote areas of the distribution system (chlorine residual) to ensure disinfection throughout the system. UV is allowed for wastewater discharges, however, it is a surprisingly high capital cost, and requires daily fecal colif_orm testing (instead of weekly). -Donna Donna Kaluzniak Utility Director 1200 Sandpiper Lane Atlantic Beach, FL 32233 PH: 904-247-5834 FAX.' 904-247-5843 dkauuzniak@coab. us y , _ i r ~ ~ ,~~ ,:,~ , a , ~...~.~ '~' +.< Security ~-sues -need to be ~ add'resse`r ` _ :To the editor:, ~ , , ~ f ; something - fo disinfect dur ~~ , r . he Canard Islands ~There is the Prior. to my retirement, I was dnnlong -water, but chlorine;is , i :Cumbre Uieja .volcano on - th Engineer of ,technology , at ;the ed Pr duct Di i i n ,{slowly killirig ourplanet'arid all livin , , e ,island of La ~;Palma;~;w~,ch;,~s ', g ~,,, y s o of, Harsco .Corporatiozl fo;,26 g creatures on it. There are -alternatives to 'chloniiei~u'se. I unstable,and could plunge,into .: the ocean;~uring theyolcar~o's years. That, should, ~qua~lify ,me 'Ultraviolet; (UV) light is ~ lust ~: ~next..eruption; If the volcano =to inak~. comments about secu- one example, and it is as good ; ,collapsed, ,it could -;pl O~ I ~inge 'SQ rity ~~-: - r ~ "' ,7_~ -:.. ~ I will t b at as chlorine. The ~medieal,-,pro; ~ ' , . , , ,billion; tons' of ,rock~mto;ltkie;,' ~;;= s art~ y atmg.,that L ,loge ;my.511fe,;,at,,,thee..°Beachesi P fesson is i.ising~~JV'hght~for dis': infecting tools they use rsn water.:;; Y ~~,, kips a~,a;i~er~~#i The. resulting.surge;of waters{ eople are friendly, the pace is om h t l Y operations; we could do• the ' ' ° , ':would` travel'' SOO miles per~~~ s ew a s ower than in the ~ same I know we` 'will' need a ..,hour and, in less than seven ,ci ,most people are courteous, `ground `level Bolding taik`~for `hours, engulf he whole U.S ~ traffic is .reasonable;; and we' tlie'=~LJV .treatment= and` from .,. East Coast with 'a wave. almost have shops,, restaurants, health - there pump the water two hundred feet .,cafe facilities and c£uiet residers- ' tial nes hoo d ~ ~ k into"`fh wader tower, ,~ - N t ° r ' ~ ~ , v""' `'"-"high. ""}Mill~on~ ~ '~ " t oo s t g ~~ ut ~ b h .cost, o# the ~ ~ ~ „~~¢ ~`~ ~ ~ ~ ~ ~~u ~~voutd` U~e~~tlled'" "~ i :The one thing we don t have '~. ~ t ~'' s ` ' ;extra. tank will 'tie t ' Dr Da y ,explains': _1 ~ i s , securs ~ ~ .. tiy~ ~ ~,~fi;~'~. l4a trecoveredbynotl%uy- The _ ~ Or1e;t~ ~u~",It's~nn~i a:,~n„P~~;:,ri ~I' .. ~u~~ a ~~~,y,~~rv YC~~C~~~, , fliig sne cnionne.,,gas. `thing~We ~, '~of'''1'`~'Cum$rew Vieja 'age of ,polsce pei ~1 000, mein- ' ; At the same time w , , D tiers of the population, ~= rt ss e ~ , collapses, it's, simply. . ;extend the life of the- ' CIOrI f have '- ~ only a rario of ~ 3 to, )x I peg ~ 1 000 o l h a -question , 'of , ,water heaters and IS S@CUfI~ '` 'when'" " , pe p e Ot er _cifies in, Flpnda with simil~r o ulation pipes, This'9s another r ~~!~,~~ s~ s'-~~~nl~ ne'e"d a rehabl~ exam l f b p p have ~ ~ to`5 0 ~ er" -000. It is P ~~ p e Ho sl eing ~t },~ ~ W~ „; ~=4lsystemrto.ti?am peon saf }~ ~ ~ ~. , ~ ~~x 1;1 ti« KS ,~'~ ~ } l j . no't onlq,: that we have fewez _ ~ _ , ~ .~ ,:~ p c ~>if t a disaster~,is .~ i° F The ,final "issue is ~, ;a ~ ,l ~ ' < -~ ~, r a ~ corning r ~ ~ n ~ ~ ~~~ ~ police, -- we ate.;dosing .them faster than other cities because ~ ~ , ~. , tsunami.LOn; Aug:,110, ,, r~ as~~ r ' ~ ~ ~ ~ ~ Yb F = A11. three `subjects ~ `200.4 -Iari'~Gurne ~ itblrsl eda n d to" ~we~arenotpaymg~thexn°a.com- , y p ~ n , ; ee be'addressed;by local„ ~_aarticlein`~theDailyExpress UK ~governrrientse`as~soon~-as-possi petitsve-~alar~ O,~ir-officers are ` "based on'the work.of Dr. Simon -ble to'rorrect 'thy problem: Foie ~ knot )asking much,, they lust-, '' ' , ; Day,ai; wjZO works;~b at .~'tYie ~disastef~watriing; we: need to lwant to cam the same amount ~of'mone ~ a§ th e ` l ho Benefield ,,.,sGieig ;~r.;Hazards {install'sirens and public addiess: ; R a y e , peop e w ` ~_ ese rch Centre, ~ University systerrisifio advise people about ~ ~ ~ area working fo,r -_ the :Duval County $herifFs l~epartment S ` 3College Loridon. ~~ - ~ what's ,:;h'appening and .give '~ D D ' y . ~ ~"If`we.-ever have a disaster at r. ay s`;research has looked si;nstructons for. whatto.do. gat he Cariary Islands, which . ~ ~,At'the~,sameaime ~:we must the: Beaches, ~e don't have ,enough p~ohce'fo~;respon~ We ; ,„ could cause a major global urge ,the Federal Government '-~~atastro he;~~`a°n tur l"di ' s ~• ~- - ~ doss t wen`have enough'police ` p a a s a Yer to {arid ` and-quickly'-seY'°up~~a .that could flatten the Atlantic tsunami wamsn~; s~~stem semi- to roptinely dispatch to a fire.. ' - coasts:°of Europe; ;~i~rth, Africa ~.la~ to the system in the 1 'acific ` This is just Qne example why ,w t f ~ y . a d .the United SK~tes ~ ~ ; ~# ~ ~-+n~ean r`. ~ ~~ cull ~ ~ '~~ ~ ~ ~`-~~°"~ ~"~ ~ ~ e are, no sa e: ~ _ ~ Th xt t h , t .; ecently,;st~entists haveVeal .~- ~ ^~-~ Ste hen'A Kuti P ' ~ ~ - e ne s em is c lorinated t ' o ~ h izerl-that the~next Nu ~rraPOa~tsttna7~~'' ^ •~-~ #=~~ ltla:.,,~, Bcach wa er: I kn w we need~ to do ,~ mi islikely to beQfn on-one of ~,a ~r ; ATTACHMENT B APRIL 25, 2005 COMMISSION MEETING TO• •. April 12, 2005 1:~~°~'r~VC?~ ®~'1=YM~g~ pi Ctty pttoraGS- ~ Mayor)ohn S. Meserve ~~~~ ~ ~ ~~5 ppresa City of Atlantic Beach ~ile 200 Seminole Road QFh~PCs. ~1~"it~)~ C~ul'~ CLARK D ~ ~S.oS , Atlantic Beach FL 32233 Date:.-.~-~"~ RE: Septic Conversion to City Sanitary Sewer System Properties located on 17~' Street between Ocean Grove Dave and Seminole Road and on Coral Street between Beach Avenue and Seminole Road Dear Mayor Meserve: in response to the City of Atlantic Beach's requirement to convert our septic systems to city sewage, as required to achieve compliance with Florida Statues Section 381.00655, we the undersigned would like to express rnncem with regard th the following: I. ACCESS TO SANITARY SEWAGE & TAP FEES 1. The sanitary sewage line which exists under the referenced portion of 17~' Street was installed by Richard Forbes (a developer) in the mid-1990's. Mr. Forges was permitted to install this portion of the City sewer system in order to provide sewage bo the propefies he was developing on Ocean Grove Drive. His permit was terminated mid-project and the remainder of sewage collection line on 17~' Street east of Seminole Road (the portion from Ocean Grove Drive to Beach Avenue) was completed by Gruhn May, Inc. Including the installation of taps in the area Gruhn-May completed. a. Why was Mr Forbes's permit terminated? 2. The termination of Richard Forbes's permltshould have warranted a thorough and complete review of his portion of the sewage installation from Ocean Grove Drive th Seminole Road and a resolution of any problems that were discovered at that time. Apparnntly a review was never conducted or, if it was, the problems were not resolved.. a. Can you exp/ain why. b. Doesn~ this arniount to neg/igence on the part ofthe City? 3. A similar problem e~asts on Coral Street in that sewage taps were not installed when sewage collection lines were installed in the areas of the references properties (17~' Street from Ocean Grove Drive to Seminole Road and Coral Street between Beach Avenue and Seminole Road). a. Why weren't taps required in the instal/ations noted above? b. Was this an oversight of the City inspector? c. Are taps typica//y required to be inc/uded when new sewage lines are insta/led.~ d. Why were these sewage m//ection /ine installations considers "comp/ete"without taps? e. Who is responsib/e for providing and paying forinsta//ation of taps when anewsewage /ine is insta/led or an o/d /ine rep/aced? 4. Florida Statute 381-00655 specifies that connection is required only if sanitary sewage is available. An inspection of the current sewage installations under 17"' Street (March 23, 2005) and under Coral Street determined that there are no taps bo the referenced properties because they were not included in the sewer line installation as provided by the City's utility contractor. The City was apparently unaware of this situation prior to the inspection on March 23, 2005. a. Shou/tin g the sewage co/%tion /ine be%w the portion of 17~ Street from Ocean Grove Drive to Semino% Road and under Cora/ Street therefore be considered inaccessib/e because it is income/ete, in that the portion under the street to the private properb'es does not exist? b. Wasn't the city negligent in that it did not require the contractor/deve%per to install the necessary taps to make the sewer co/%tion /ine accessib/e? 5. When the sewage lines in question were instatled, the costs (including tap fees) should have been assessed to the owners of the properties at the time of installation, not imposed upon the present property owners at current costs. a. If the deve%per(s) paid for tfie sewage line installation and the City therefore incurred no tap or sewage installation expense at the time ofinsta//anon (thereby not assessing the property owners at that time), how can the C~3' reasonably expect the current prt~perly owners to absorb costs at tha' time? b. Is it not true that the City was negligent for (.tj not having the bps included and (Z) not assessing the property owners at the time die sewage was insta/led, ifany Pxpenses were incurred by the Gty? c. If it was the deve%pers responsibi/ity and expense, shou/tint the City have required the deve%pers to pay the fu// t~vst; .including #aRs, at die trine the sewage m//ection lines were laid and doesnt the omission ofsame amount to neg/igenoe on the part ofthe City managers and inspectors? d. Therefore, if the current properly owners are assessed for the tap fees, (1) shou/dn't the assessment be an amount aqua/ to die cost that wou/d have been ass~ed if lfie original project had been ovense+en and rnmpleted correcdy, and (Z) the C/ll'therefore responsib/e for the remainder ofthe cost caused by its own negligence? 6. The current estimated tap fee (per the Gty's notice distributed 4/SJ05) includes accessing the main sewage line at a depth of approximately 7 feet and patching/repaying the streets and was quoted by Gruhn May, Inc. The City owns and operates the wastewater facilities that serve the Gty, including the underground collection lines, lift stations and treatment plants. a. As the owner/operatr~r of the streets and wastewater system, shouldn't the City assume responsibility for providing taps from said system in the individual properties, in that the sewage line is located on pub/ic properties and the addition oftaps /s necessary to make the sewage accessible to th~rfvate vrop~? b. Have ALL At/andc Beach property owners in a similar situation been required to absorb the tap expense or has the Cify ever provided the sewage taps to some property owners at dre City's expense? (P/ease prrJVide a cc+mplete listing ofpropeKy owners who have been in this situation and how the City has handled each individual case.) 7. C-ther areas of Atlantic Beach that have been required th install sanitary sewage pursuant to Florida Statues Section 381.00655 have been assessed the cost of the installation and allowed ample time to cover the expense, thereby relieving the property owners of unnecessary financial burdens. a. Why weren't the property owners in the reference area assessed the sewage insta//anon costs (including tap fees) when the lines were insta//ed.~ b. Can you explain why die current property owners are not being given on opportunity to pay assessments for the casts the City rs attempting to impose, before the sewage hook-up is required (as al/owed for properly owners m other areas ofAdantic Belch)? 8. Unless AFL Atlantic Beach property owners in a similar situation have been required to absorb the cost of sewage tap installation, and because this specfic situation is due primarily to asub-standard installation which was permitted and approved by the City: a. Shouldn't the City be held responsible (as owner and operator of the wastewater system) to provide the same access (taps) to our properties that has been af~`orded to other property owners throughoutAt/anSc Beach? b. Couldn't a negative response to this request be construed as preferentia/and unequal treatment of the citizens ofAdantic Beach? c. Hasn't the City's /ega/counsel advised the City Commissioners, on more than one occasion, that it is high/y inadvisable to treat the citizens and property owners ofAtlantic Beach unequally and therefore unfair/y.~ 9. it is the City's responsibility, not private property owners, to provide and maintain the City infrastructure. a. Isn't it' unfair and unrealistic fn expect a few se%ted property owners io be singled out in pay for services that should be provided by the City? b. Is it true that infrastructure services are paid for by the property owners through their properly taxes? c. Ifso, doesnY~ this amount to doub/e ia~ration? d. Can the aftected property owners expect a rebate on their taxes equal to the amount being double-charged? II. IMPACT FEES 1. Impact fees are specifically intended to cover the costs to increase an infrastructure facility, such as when a developer is creating a ~ neighborhood with sufficient homes to overload ("impact") the existing infrastructure facilities. e. Did the City include the properties in question (which have existed since the 1930s) when the wastewater treatment plant now in service was built? f. Ifso, can you provide a reasonable explanation ofhow these properties will impact the wastewater treatmentfact/ity.~ g. Ifnot, why were they not included Since they had been in existence for decades? h. If you cannot provide a reasonable explanation ofhow these properties wil/impact the wastewater treatment facility, can you explain why we should be charged impact fees? - 2. Assuming impact fees are imposed, they can legally be used only to improve the wastewater treatment facility which wiN 'be impacted (or the city services they are purported to impact). a. Please explain how you intend to utilize the funds to meetthe /ego/requirement noted above. In light of the facts and questions outlined above, we would appreciate your consideration of the following options III. SOLUTIONS Following are several suggestions to reach a mutually beneficial and agreeable solution to achieve the ultimate goal of 100% hook-up to the City's sanitary sewage system. OPTION A -The City of Atlantic Beach provide sewage taps to the referenced properties (Coral Street and 17"' Street between Ocean Grove Drive and Seminole Road) and the property owners will assume responsibility for connection to the sewage system from the taps to their properties and discontinuance of their septic systems within a reasonable time frame after the taps are made available for connection. OPTION B -The property owners be assessed for the costs involved with obtaining taps to the sewage system at a fee comparable to the costs at the time the collection lines were installed, and sewage hook up deadline not be imposed for a reasonable amount of time, similar to other assessed property owners (and under no circumstances any sooner than December 2006). OPTION C -The impact fees are waived in their entirety because they are legally unrealistic. OPTION D -Impact fees, if not waived, would be applied to the expense of adding taps. Time is of the essence so we, the undersigned, would appreciate your prompt review of the situation outlined above. We are not disputing the City's overall plan to achieve State compliance and will be happy do our part to comply. However, we are adamant in our views that it is unfair and unjust to be expected, as private citizens, to shoulder the responsibility of the City Government. Our tax dollars are not minimal, by any means, and should be spent wisey - to provide fair and equal services to all property owners throughout the community. Thank you for your consideration of these requests. We look forward meeting with the Commissioners at your meeting on April 25, 20Q5, tiD discuss these questions and your responses, so we can achieve a mutually satisfactory solution to this s'~tuation. We trust you will forward copies of this correspondence to the other Commissioners as required under the Florida Sunshine Law. If not, please notify the undersigned and we wi11 arrange distribution of this information to all appropriate and concerned parties. Sincerely, Owners ~ _ Addresses /Telephone ~ ~ ; -,7 rj,;9 ~ - >~ 7S cu~,~ c s7r~t J a -4 ~~ r~ ~~ ~2 i~~ s~: a~S-z 5g~ ~ ~r~. ~ a~l~q~ l ~2z~3 ATTACHMENT C APRIL 25, 2005 COMMISSION MEETING April 18, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso " Ci y1 anager SUBJECT: City M er's Report Oaening of New Skateuark; The tentative date for the grand opening for the Oceanside Rotary Skatepark in Russell Park is scheduled for Saturday morning, May 14th. Plans are currently being prepared and a more complete agenda of events will be provided at a later date. Community Character Workshoas; Following the direction set by the City Commission in the "' strategic planning workshops earlier this month, Nore Winter of Winter and Company has been contacted to schedule the first series of meetings in Atlantic Beach to discuss possible changes to the city code dealing with community character. The tentative dates for this will be during the week of June 13th. Specific meetings have yet to be scheduled and a final contract for the services from Winter and Company will be presented to the Commission for approval before that time.