05-08-00 v CITY OF ATLANTIC BEACH
COMMISSION MEETING- May 8, 2000
7:15 P.M.
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meetings of April 10 and 24, 2000
2. Courtesy of Floor to Visitors:
A. Recognition of Ken Rogosheske
B. Proclamation declaring May 21 - 27, 2000 as Public Works Week in Atlantic Beach
(Mayor)
C. Proclamation declaring May 15 - 19, 2000 as Nursing Home Week in Atlantic Beach
(Mayor)
D. Ed Parpart and Larry Pickett requesting donation of $1,000 towards the
commissioning of U.S.S. Roosevelt (Comm. Waters)
3. Unfinished Business from Previous Meeting
• A. Follow-up report from the meeting of April 24, 2000 (City Manager)
4. Consent Agenda:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS
A. Acknowledge receipt of monthly reports from Building, Code Enforcement,
Occupational License,Public Works and Recreation Departments(City Manager)
B. Award contract to Commercial Sheet Metal Systems for hydrostop roofing system for
Public Works building at a cost of$47,587.00 pursuant to the specifications of Bid
9900-10 rebid(City Manager)
C. Acknowledge receipt of Septic Tank Conversion Assistance Policy(City Manager)
D. Award contract to Meadors Construction Company in the amount of$35,650.00 for
tank coating at the Buccaneer Wastewater Treatment Plant(City Manager)
E. Award contract to Dees, Inc. for cleaning/staining/sealing the wood shingles at the
Public Safety Building at a cost of$9,583 plus$350.00 for adding insecticide,pursuant
to the specifications of bid#9900-13 (City Manager)
5. Committee Reports:
111 A. Recreation Board report
Page Two AGENDA May 8, 2000
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6. Action on Resolutions:
A. Resolution No. 00-08
A RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND
NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM (City
Manager)
7. Action on Ordinances:
A. Ordinance No. 80-00-61 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA,AMENDING
CHAPTER 22,UTILITIES,ARTICLE III,WASTEWATER SYSTEM,DIVISION
2, USE OF PUBLIC SEWERS REQUIRED, SEC. 22-74, INSTALLATION OF
TOILET FACILITIES REQUIRED;CONNECTION OF FACILITIES TO PUBLIC
SEWER, SETTING FORTH A TIME SCHEDULE FOR CONNECTION TO
PUBLIC SEWERS, AUTHORIZING THE CITY TO OFFER FINANCIAL
INCENTIVES FOR SUCH CONNECTIONS, PROVIDING PENALTIES FOR
FAILURE TO CONNECT, AND PROVIDING AN EFFECTIVE DATE
B. Ordinance No. 90-00-169 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER
24,ZONING AND SUBDIVISIONS;TO PROVIDE FOR SEVERABILITY,AND
• TO PROVIDE AN EFFECTIVE DATE
C. Ordinance No. 20-00-46 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING
OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000
D. Ordinance No. 65-00-28 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA,CLOSING,
VACATING AND ABANDONING CERTAIN PORTIONS OF BEGONIA AND
WEST FIRST STREETS, AND PROVIDING AN EFFECTIVE DATE (City
Manager)
8. Miscellaneous Business:
A. Public Hearing and action on an application for a Use-by-Exception filed by Willie
Davis to operate a church at 40 Simmons Road on property zoned Commercial General
(CG)(City Manager)
B. Public Hearing and action on an application for a Use-by-Exception filed by Atul Patel
to operate a convenience store with gasoline sales at 715 Atlantic Boulevard on
property zoned Commercial General(CG) (City Manager)
C. Appeal of denial of a request for a variance to fence height filed by Joseph Quest
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IIPage Three AGENDA May 8, 2000
D. Approve adjustment to the rates for solid waste and recycling collection pursuant to
letter from Waste Management dated April 18, 2000(City Manager)
9. City Manager Reports:
A. Police Department Grant applications
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,
such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record ofthe proceedings
is made,which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior
to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers.
• Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However,any agenda
subject,regardless of how the matter is stated on the agenda,may be acted upon by the City Commission.
In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special
accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,May 5,2000.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T T
• BEACH CITY COMMISSION HELD IN CITY HALL, 800 E E
SEMINOLE ROAD AT 7:15 PM ON MONDAY, MAY 8, 2000 S S
PRESENT: John Meserve, Mayor
Mike Borno
Dezmond Waters, Commissioners
ABSENT: Richard Beaver, Mayor Pro Tern
Theo Mitchelson
AND: James Hanson, City Manager M S
Alan C. Jensen, City Attorney O E
Maureen King, City Clerk T C
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The meeting was called to order by Mayor Meserve at 7:15 p.m. The
invocation was offered by Mayor Meserve, followed by the Pledge of
Allegiance to the Flag.
0 1. Approval of the minutes of the Regular Meetings held
April 10 and 24, 2000
The minutes of the Regular Meetings held April 10 and 24, 2000 were
approved as presented.
2. Courtesy of the Floor to Visitors:
A. Recognition of Ken Rogosheske
Mayor Meserve recognized Ken Rogosheske for his years of service on
the Code Enforcement Board and presented him with a plaque in
appreciation for his five years of service.
B. Proclamation declaring May 21 - 27, 2000 as Public Works
Week in Atlantic Beach (Mayor)
Mayor Meserve read the Proclamation in full declaring the week of May
21 through May 27, 2000, as Public Works Week in Atlantic Beach and
presented the Proclamation to Public Works Director Kosoy and
Assistant Public Works Director Kaluzniak.
• C. Proclamation declaring May 15-19, 2000 as Nursing Home
Week in Atlantic Beach (Mayor)
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C. Proclamation declaring May 15-19, 2000 as Nursing Home
Week in Atlantic Beach (Mayor)
Mayor Meserve read the Proclamation in full declaring the week
beginning May 15, 2000 as Nursing Home Week in the City of Atlantic
Beach and presented the document to the Activities Director for display
at Fleet Landing.
D. Ed Parpart and Larry Pickett requesting donation of$1,000
toward the commissioning of the U.S.S. Roosevelt (Comm.
Waters)
Ed Parpart, the Beaches representative on the Commissioning
Committee, and Larry Pickett were not present and no action was taken.
Alan Potter of 374 Second Street provided background information
concerning the core city sanitary sewer improvements project, and felt
that since bidders did not have access to complete as-builts drawings, all
bids received under Bid 9900-11 should be rejected and the project rebid
when it comes before the Commission at the next meeting.
• Mr. Potter also inquired concerning Item 4D of the Consent Agenda and
inquired if the amount of$35,650 for tank coating was part of the
contingency for the project.
Mayor Meserve indicated that this item would be addressed under Item 4.
Don Remley of 1309 Violet Street commented on the lack of
playgrounds in the Marsh Oaks section of the city and expressed concern
that the Plaza "hump"would become a real problem as traffic increased
in the area due to completion of the flyover.
J.P. Marchioli of 414 Sherry Drive commented on the lack of progress
of the Stormwater Review Committee (SRC) over the past two years.
3. Unfinished Business from Previous Meeting
A. Follow-up report from the meeting of April 24, 2000 (City
Manager)
City Manager Hanson reported on the following matters which had been
raised at the previous meeting:
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Painting No Parking Signs on Ocean Boulevard:
Commissioner Waters said he would like to pursue this matter further,
and Public Safety Director Thompson said he would research the state
standards/requirements for signs and present the Commission with his
findings.
Sewer Impact Fees
Commissioner Waters inquired concerning the reason for sewer impact
fees. City Manager Hanson explained the purpose for the charges.
Commissioner Waters suggested lowering the fee from $1,250 to
$600.00 to make the changeover to sewer easier for those still using
septic systems.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building, Code
Enforcement, Occupational License, Public Works and
Recreation Departments (City Manager)
II) B. Award contract to Commercial Sheet Metal Systems for
hydrostop roofing system for Public Works building at a cost
of$47,587.00 pursuant to the specifications of Bid 9900-10
rebid (City Manager)
C. Acknowledge receipt of Septic Tank Conversion Assistance
Policy (City Manager)
Mayor Meserve requested that Item D be removed from the Consent
Agenda for further discussion, and Commissioner Waters requested that
Item E be removed from the Consent Agenda for further discussion. BORNO x X
WATERS X X
Motion: Approve Consent Agenda Items A- C as MESERVE X
recommended.
There was no discussion and the motion carried unanimously.
D. Award contract to Meadors Construction Company in the
amount of$35,650.00 for tank coating at the Buccaneer
Wastewater Treatment Plant (City Manager)
• Public Works Director Kosoy explained that the low bidder for the
project did not have the required performance and payment bond and
Meadors was the second low bidder. He indicated that the difference
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between the two bids was $7,650. In answer to Mr. Potter's question
under Item 2, Public Works Director Kosoy indicated that the payment
was covered under the $100,000 contingency for the project.
Motion: Award contract to Meadors Construction BORNO X x
WATERS X X
Company in the amount of$35,650.00 for tank coating at the MESERVE X
Buccaneer Wastewater Treatment Plant
The motion carried unanimously.
E. Award contract to Dees, Inc. for cleaning/staining/sealing the
wood shingles at the Public Safety Building at a cost of$9,583
plus $350.00 for adding insecticide, pursuant to the
specifications of bid #9900-13 (City Manager)
Commissioner Waters inquired if the lawn sprinklers at the Public Safety
Building could be diverted to prevent water from hitting the building,
which kept the shingles wet and could cause rot.
Public Safety Director Thompson indicated that staff was already
• working on the problem.
Motion: Award contract to Dees, Inc. for cleaning/staining/ BORNO X X
sealing the wood shingles at the Public Safety Building at a WATERS x x
cost of$9,583 plus $350.00 for adding insecticide, pursuant to MESERVE x
the specifications of bid #9900-13
The motion carried unanimously.
5. Committee Reports
A. Recreation Board Report
Phil Corp, a member of the Recreation Advisory Board , requested
Commission consideration of the following items: (1) A park
protection ordinance similar to the City of Jacksonville's ordinance, (2)
summer recreation programs using budgeted funds, to work with Karen
Sadler to establish children, youth and senior programs, and (3)
continuing a partnership with Atlantic Beach Elementary School to make
necessary improvements for baseball and soccer fields.
After a brief discussion, Commissioner Borno suggested that staff review
• the requests and bring their recommendation(s)to the next meeting. The
City Commission concurred.
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6. Action on Resolutions:
A. Resolution No. 00-08
A RESOLUTION FOR ASSISTANCE UNDER THE
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM (City Manager)
BORNO X X
Motion: Adopt Resolution 00-08. WATERS X X
MESERVE X
There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 80-00-61 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22,UTILITIES,
ARTICLE III,WASTEWATER SYSTEM, DIVISION 2,
USE OF PUBLIC SEWERS REQUIRED, SEC. 22-74,
INSTALLATION OF TOILET FACILITIES REQUIRED;
CONNECTION OF FACILITIES TO PUBLIC SEWER,
SETTING FORTH A TIME SCHEDULE FOR
III CONNECTION TO PUBLIC SEWERS,AUTHORIZING
THE CITY TO OFFER FINANCIAL INCENTIVES FOR
SUCH CONNECTIONS, PROVIDING PENALTIES FOR
FAILURE TO CONNECT, AND PROVIDING AN
EFFECTIVE DATE
BORNO X X
Motion: Approve Ordinance 80-00-61 on first reading. WATERS X X
MESERVE X
Commissioner Waters inquired concerning the provision to be included
in the ordinance requiring connection to the public sewer if a property is
sold. City Attorney Jensen advised against inclusion of a"due on sale"
clause as indicated in his memorandum dated April 28, 2000 which is
attached and made part of this official record as Attachment A. City
Attorney Jensen indicated that such a clause was not included in the
ordinance.
Commissioner Waters expressed his objection to excluding this
requirement which he felt would facilitate the process of eliminate septic
tanks.
There was no further discussion and the motion carried by a two to one
vote with Commissioner Borno and Mayor Meserve voting aye and
0 Commissioner Waters voting nay.
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B. Ordinance No. 90-00-169 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 24, ZONING AND
SUBDIVISIONS; TO PROVIDE FOR SEVERABILITY
AND TO PROVIDE AN EFFECTIVE DATE
Mayor Meserve accepted the zoning ordinance for informational
purposes and indicated that he would like to set a joint workshop
meeting with the Community Development Board to discuss the
ordinance in detail and receive public input before adopting the
ordinance.
Don Wolfson, Chairman of the Community Development Board, stated
that the Board began work on the ordinance in 1994 and provided a brief
overview of the process undertaken to bring about the revisions. Mr.
Wolfson thanked individual committee members, board members and
staff involved in the process over the years.
The Commissioners concurred with Mayor Meserve's suggestion to
schedule a joint workshop meeting with the Community Development
0 Board. Coordination of the meeting will be handled through the City
Manager's office.
C. Ordinance No. 20-00-46 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING
OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000
BORNO X X
Motion: Approve Ordinance 20-00-46 on first reading. WATERS X X
MESERVE X
There was no discussion and the motion carried unanimously.
D. Ordinance No. 65-00-28 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING, VACATING AND ABANDONING
CERTAIN PORTIONS OF BEGONIA AND WEST FIRST
STREETS,AND PROVIDING AN EFFECTIVE DATE (City
Manager)
BORNO X X
WATERS X X
Motion: Approve Ordinance 65-00-28 on first reading. MESERVE X
• Commissioner Waters stated that a map would be helpful and requested
that a map be included with this type of request in the future.
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There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on an application for a Use-by-
Exception filed by Willie Davis to operate a church at 40
Simmons Road on property zoned Commercial General (CG)
(City Manager)
Motion: Grant Use-by-Exception filed by Willie Davis to BORNO X X
operate a church at 40 Simmons Road on property zoned WATERS X X
Commercial General (CG) as recommended by the
MESERVE X
Community Development Board. (The Community
Development Board recommended approval with the conditions
that the maximum seating capacity strictly meet the number of
parking spaces provided, that two parking spaces be reserved for
the commercial space at the front of the building and that the
exception be granted to the applicant only and for this location
only).
• Mayor Meserve opened the public hearing and no one spoke for or
against the request. The public hearing was closed.
After a brief discussion, the motion carried unanimously.
B. Public Hearing and action on an application for a Use-by-
Exception filed by Atul Patel to operate a convenience store
with gasoline sales at 715 Atlantic Boulevard on property
zoned Commercial General (CG) (City Manager)
Motion: Grant the Use-by-Exception filed by Atul Patel to BORNO X x
operate a convenience store with gasoline sales at 715 Atlantic WATERS X X
Boulevard on property zoned Commercial General (CG) as MESERVE X
recommended by the Community Development Board. (The
Community Development Board recommended approval of the
request with the conditions that it be granted to the applicant
only and for this location only).
Mayor Meserve opened the public hearing and no one spoke for or
against the request. The public hearing was closed.
Brief discussion ensued regarding the elevation of the property and
• whether the steep grade would be a safety hazard for traffic. Community
Development Director Worley stated that the site plan indicated one
driveway cut on Atlantic Boulevard and another on Sailfish.
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There was no more discussion and the motion carried unanimously.
C. Appeal of denial of a request for a variance to fence height
filed by Joseph Quest
It was reported that this item was being deferred to the next meeting at
the request of Mr. Quest.
D. Approve adjustment to the rates for solid waste and recycling
collection pursuant to letter from Waste Management dated
April 18, 2000 (City Manager)
Motion: Approve adjustment to rates for solid waste and BORNO X X
recycling collection as indicated in a letter dated April 18, WATERS X X
2000 from Randall J. Waterlander, District Manager for MESERVE X
Waste Management. (The letter and schedule of charges is
attached and made part of this official record as Attachment B ).
Discussion ensued concerning the proposed increase, the level of service
provided by Waste management and length and terms of the contract. It
4110 was pointed out that the contract provided for a rate adjustment at the
anniversary date of the contract and the contract would expire on January
31, 2001. City Manager Hanson indicated that bid specifications for the
solid waste and recycling collection were being prepared
There being no further discussion, the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson
• Reported that smoke testing of sewer lines would take place May
17`h on Beach Avenue and on May 186 in the Marsh Oaks area of
the city. City Manager Hanson indicated that the testing would
also help identify residents on septic systems.
• Reported that the city had received notification of a potential
liability concerning the "Bill Johns Waste Oil Super Fund Site"
in the amount of approximately $6,091.00.
Requested Commission authorization to sign a Tolling
Agreement included with the notification. It was the consensus
• of the Commissioners to authorize the City Manager to sign the
agreement.
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• Reported that resurfacing of Seminole Road from Plaza to Hanna
Park would begin this week.
• Deferred to Public Works Director Kosoy who provided an
update on the Aikenhead and Odom Core City Project. He
indicated that the Executive Summary was expected before May
16th meeting of the SRC.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Waters
• Reported that the recently planted palm trees on Saturiba Drive
looked dead. Public Works Director Kosoy indicated that they
would be replaced in the near future by Petticoat Contracting.
• Complimented the City Clerk's office on the new composition of
the agenda packet.
• Commissioner Borno
• Requested that the Community Development Board revisit the
Quest variance request and look at it from the viewpoint of a
neighborhood improvement.
• Requested that the Code Enforcement Officer and Building
Official review the zoning ordinance and present their comments
to the Commission.
• Inquired if the video tapes of the sewer lines and results of the
smoke tests could be used to determine pipe size for the core city
sewer project. Public Works Director Kosoy indicated that the
bidders were given access to that information, including
elevations and existing as-builts.
Mayor Meserve
• Reported that the Public Works application for a grant of
$350,000 had been approved by Tallahassee, and complimented
Public Works Director Kosoy and Assistant Public Works
110
Director Kaluzniak for their work in obtaining the grant.
• Reported that Commissioner Waters, Don Wolfson, Pat Pillmore
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and he had attended Mayor Delaney's presentation of his Better
Jacksonville Plan for the city. Mayor Meserve indicated that
future discussions would occur over the next four or five months
concerning the city's support or non support of the proposed
half-cent sales tax increase and additional interlocal agreements.
There being no further discussion or busi -ss to come before the
Commission,the Mayor declared the meeII
vadjourned at 9:00 p.m.
4i 0
ViI eserve
M 'r-biding Officer
ATTEST:
Maureen King
Certified Municipal Cle4
•
•
C. IN ATTACHMENT A
ALAN Icy MAY 8, 2000 COMMISSION MEETING
Attorney et Law
935 North Third Street 7A
8, 2000
Post etfc.li i soar
• Jacksonville Bench,Florida 32240-0457 May
Telephone(904)246-2500 Fecsi flit (904)246-9960
FAX MEMORANDUM
DATE: April 28, 2000 Time:
TO: James R. Hanson, City Manager
COMPANY: City of Atlantic Beach
FAX NUMBER: (904) 247-5805
NUMBER OF PAGES: 1 (inch sing cover sheet)
FROM: ALAN C. JENSEN, ESQ., City Attorney
CLIENT/MATt t NO.: Ordinance No. 80-00-61
Connection to public sewers
MESSAGE
Iim:
• I have reviewed the above-referenced ordinance and Secs. 22-171 and 22-175 of the these sections. There
Beach
Code. In my opinion, I do not think we need to eliminate or amend either of
may be certain instances where 22.171 and 22.175 apply. In the event they are in conflict with the
new ordinance, the provisions of the new ordinance will control, as set forth in Section 2 of the
new ordinance.
In regard to the matter brought up by Commissioner Waters and including
ra�l y ���t
to public sewer if the property is sold ("due on sale" clause), p
Commission that such a provision not be included. I have been unable so far to locate any Florida
case law on this issue, but it appears that this would clearly deny equal protection to those people
who sell their homes as opposed to those people in the same class or category who choose not to
sell their homes. Therefore, for example, all properties in Ocean Grove will, have to be connected
to public sewer by December, 2007, regardless of ownership of the properties. I do not think it
would be advisable or legal to treat the property owners unequally.
If you wish to discuss the above issues further, please call.
Man
The information contained in this facsimile message is attorney privileged and confidential Information intended only
for the use of the individual or entity named above. If the tender of this message is not the intended recipient, or the
• employee or agent responsible to deliver;r to the intended recipient, yioM aye�y notified that dieseminatioa,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error, lease immediately notify us by Telephone and return the original message to us at the above address via U.S_
P
Postal Service. Thank you.
ORDINANCE NO. 80-00-61 7A
May 8, 2000
• AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 22, UTILITIES, ARTICLE 1H, WASTEWATER
SYSTEM, DIVISION 2, USE OF PUBIC SEWERS REQUIRED, SEC. 22-74,
INSTALLATION OF TOILET FACILITIES REQUIRED; CONNECTION
OF FACILITIES TO PUBLIC SEWER, SETTING FORTH A TIME
SCHEDULE FOR CONNECTION TO PUBLIC SEWERS, AUTHORIZING
THE CITY TO OFFER FINANCIAL INCENTIVES FOR SUCH
CONNECTIONS, PROVIDING PENALTIES FOR FAILURE TO
CONNECT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain areas of the City where public sewers are available still have
properties using septic tanks (OSDS: on-site sewage disposal system); and
WHEREAS, certain areas of the City do not yet have public sewers available; and
WHEREAS, the City deems that the public health, safety and welfare would be best served
if all properties are connected to public sewers and that use of OSDSs is eliminated; and
WHEREAS, certain areas of the City are currently paying assessments for installation of
public sewer lines; and
WHEREAS, the City recognizes the costs associated with converting an OSDS to public
• sewer and the benefit to certain property owners of offering financial assistance and incentives for
that purpose; and
WHEREAS, the City is not aware of any specific health hazards or conditions resulting
from existing OSDSs which are detrimental to the public health, safety and welfare.
NOW THEREFORE, BE IT ENACTED BY THE CTI'Y COMMISSION ON
BEHALF OF niE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SEAN 1. Sec. 22-74 of the Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended to read as follows:
"Sec. 22-74. Installation of toilet facilities required; connection of facilities to
public sewer.
(a) The owners of all houses, buildings or properties used for human
occupancy, employment, recreation, or other purposes, and situated within the City
are hereby required at the owner's expense to install suitable toilet facilities therein.
(b) The owners of all properties described in (a) above shall connect
their toilet facilities to public sewer, provided the public sewer is within one
hundred (100) feet or thirty and five-tenths (30.5) meters of the property line, as
11111 follows:
7A
(1) If new construction, then immediately, May 8, 2000
•
(2) If currently under an assessment for installation of
public sewer lines (whether already paid off or still paying), connection
shall be made within one (1) year after expiration of the assessment.
(Assessments in Ocean Grove expire December, 2006, on Beach
Avenue in May, 2010, and in Marsh Oaks (f/kfa Section H) in November, 2011.)
(3) If not currently under an assessment for installation
of public sewer lines, connection shall be made within five (5) years
of the effective date of this Ordinance.
(4) If failure of an OSDS occurs, then immediately. Failure of
an OSDS is defined in Sec. 22-90-(b), copy attached.
(c) The owners of all properties described in (a) above where public
sewer is not currently available, but becomes available in the future, shall connect
their toilet facilities to public sewer as follows:
(1) Within ninety (90) days after date of official notice from
the City to do so. Official notice shall be complete upon mailing said
notice to the property owner at the property address and at his or her last
known address, if any.
• (2) If failure of an OSDS occurs, andublic sewer is available,
,
then immediately. Failure of an OSDS is defined in Sec. 22-90(b), copy
attached.
(d) Failure of any property owner to connect to public sewer as required
shall be unlawful and subject to all penalties, including, but not limited to, the
following:
(1) General penalty as provided in Sec. 1-11, copy attached;
(2) Prosecution before the Code Enforcement Board;
(3) Billing for appropriate services retroactive to the date
connection should have been made. The amount of any such billing
shall be in accordance with City practice, in at least the amount of
minimum billing for the appropriate services.
(e) The City may, from time to time, offer financial assistance and
incentives to property owners to encourage a more rapid conversion from an OSDS
to public sewer. Any financial assistance and incentives shall be as set forth in a
resolution duly adopted by the City Commission."
•
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May 8, 2000
SECTION 2. The provisions of this Ordinance are controlling. Any parts of the Code of
Ordinances which are either inconsistent or in conflict with this Ordinance shall be controlled by
this Ordinance.
SECTION 3. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of the
Ordinance which can be given effect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared severable.
SECTION 4. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of
2000.
PASSED by the City Commission on second and final reading this day of
, 2000.
ATTEST:
• MAUREEN KING JOHN S. MESERVE
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
•
RECEIVED
7A
• MAT - 1 z000 May 8, 2000
OFFICE OF THE CITY CLERK
May 1, 2000
Mayor and Commissioners,
City of Atlantic Beach,
Gentlemen: •
This is to register a vigorous protest against any proposals to require sewer hookups prior
to, or congruent with, a house sale in Atlantic Beach. This would be a great infringement
on the ability to sell and would levy burdensome and unreasonable requirements upon the
seller.
For example:
Our house, with a buildable side lot is currently for sale, It is operating satisfactorily on
septic. We could sell the house and keep the lot, or sell the lot and keep the house, or sell,
or keep, both. And that is the problem. If we keep the house, we will have to expand it,
. adding an attached granny flat, and would then need to split our sewer line, running down
each side of the house. A buyer who plans to expand the house in other ways could easily
have different sewer requirements. A buyer who plans to demolish the house and build
one unit upon both of our lots would have different requirements. A buyer who plans to
build two units on each lot (permitted by the zoning) would have entirely different
requirements. In short we won't know what type of sewer lines to install until the future
owner/s determine their building needs.And a buyer may not know what they will
eventually do with a particular piece of property at the time of sale.
We support the transition to sewer. We sympathize with your desire to move this
important project as expeditiously as possible. If you want to mandate a required hookup
time prior to issuance of any new building permits, or building alteration permits that
might be reasonable. But please don't straightjacket Atlantic Beach home sellers with
expensive solutions to unknown needs.
Thank you for considering this point of view.
4_ etK_t_deizz-
Jim and Charlotte Minter CC TO:
• 1632 Beach Avenue 6 �mluoa
City Manger
Atlantic Beach D Qty Attorasy
O Press
O'Plle
0
Date: 5-/- o0
7A
May 8, 2000
•
Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling.
(a) At such time as a public sewer becomes available to a property served by a private
wastewater disposal system (onsite sewage disposal system [or OSDS]), as provided in section
22-89, or when a failure of such OSDS occurs, the property owner shall be notified by the city
that a direct connection shall be made to the public sewer within ninety (90) days in
compliance with this article. Such failed septic tanks, cesspools, and similar private waste-
water disposal facilities shall be cleaned of sludge and filled with suitable material. The
requirement to hook up to the city's sewer system will not be required of property owners who
began paying an assessment for sewer lines before February 1, 1995, unless their OSDS fails.
Property already served by the city sewer system shall remain on the city sewer system.
(b) "Failure"is defined as a condition existing within an OSDS which prohibits the system
from functioning in a sanitary manner. Failure may result in the discharge of untreated or
partially treated wastewater onto ground surface, into surface water, or into groundwater.
Failure may cause building plumbing to discharge improperly.
(Ord. No. 80-83-23, § I(Art. III, § 5), 6-27-83; Ord. No. 80-94-53, § 2, 11-28-94)
Sec. 1-11. General penalty; continuing violations.
(a) 'Whenever in this Code or in any ordinance or resolution of the city or in any rule,
regulation or order promulgated by any officer or agency of the city under authority duly
vested in him or if any act is prohibited or is made or declared to be unlawful or an offense or
a misdemeanor, or the doing of any act is required or the failure to do any act is declared to
be unlawful or an offense or a misdemeanor,where no specific penalty is provided therefor,the
violation of any such provision of this Code or any other ordinance or resolution of the city or
such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars
($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and
imprisonment.
(b) Except where otherwise provided, every day any violation of the Code or any other
' ordinance or resolution of the city or such rule, regulation or order shall continue shall
constitute a separate offense.
(Code 1970, § 1-6) -
S . •
ATTACHMENT B
MAY 8, 2000 COMMISSION MEETING 8D
May 8, 2000
•
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Solid Waste and Recycling Collection Rate Adjustment
SUBMITTED BY: Robert S. Kosoy, Director of Public Works
DATE: April 28, 2000
BACKGROUND: The contract that Atlantic Beach has with Waste
Management provides for a rate adjustment based on
70% of the Consumer Price Index at the anniversary of the
contract. The purpose of this adjustment is to adjust the
rates consistent with their contract.
BUDGET: Funds are budgeted in Account #420-4201-534.34-01.
The rate increase is included in the budgeted amount of
$728,000 for Fiscal Year 1999-2000. This increase amounts
to approximately 25¢ per residential customer per month, or
approximately $1 ,179 per month total for residential pickups.
RECOMMENDATION: We recommend the approval of the attached adjustment to
the rates in the contract with Refuse Services, Inc.
ATTACHMENTS: Letter dated April 18, 2000 from Waste Management
Schedule of Rates and Charges
Consumer Price Index dated March 2000
REVIEWED BY CITY MANAGER:
- - . . 8D
May 8, 2000
• IAMA WASTE MANAGEMENT
6501 Greenland Rd.
Jacksonville,FL 32258
(904)260-1592
(904)260-1449 Fax
April 18, 2000
Jim Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Subject: Solid Waste and Recycling Collection Agreement Rate Adjustment
Dear Mr. Hanson,
This is to provide a copy of our proposed second Amendment to subject contract
providing for a revised rate schedule per our contract (Article IV 10.20). Please review
0.
for correction and or approval by the City Commission and the Mayor.
The contract provides for a rate adjustment on the anniversary of the contract based on
the upward or downward change of the CPI, for all urban consumers. The non-disposal
components shall reflect 70% of such change.
The consumer price index (CPI) as reported by the Bureau of Labor Statistics changed
upward 3.7% for the twelve months ending March 2000. The increase in all collection
rates will therefore be 2.59%. A copy of the latest CPI is attached.
Thank you for the opportunity to be a part of the Atlantic Beach solid waste program.
Please advise if we may be of further assistance.
Sincerely,
Randall J.1 aterlander
District Manager
• •
A Division of Refuse Services Inc.
• 0
•
Attachment C Revised 4/18/00
SCHEDULE OF RATES AND CHARGES
MONTHLY
COLLECTION SERVICES BILLING UNIT COLLECTION DISPOSAL OTHER TOTAL
Residential Services (Curbside)
Residential Solid Waste Per Dwelling Unit $ 6.75 N/A N/A $ 6.75
Recycling &White Goods Per Dwelling Unit $ 1.98 N/A N/A $ 1.98
Yard Trash Per Dwelling Unit $ 1.20 N/A N/A $ 1.20
Total All Services Per Dwelling Unit $ 9.93 $ 9.93
Multi-Family (Curbside)
Multi-Family Solid Waste Per Dwelling Unit $ 6.75 N/A N/A $ 6.75
Multi-Family Recycling & White Goods Per Dwelling Unit $ 1.98 N/A N/A $ 1.98
Total All Services $ 8.73 + $ 8.73
Commercial & Multi-Family
(Mechanical Containers)
Compacted Per Cubic Yard $ 7.48 N/A N/A $ 7.48
Non Compacted Per Cubic Yard $ 1.23 N/A N/A $ 1.23
Rollout Carts (2x weekly) Per Cart $ 10.83 $ 10.83
Commercial Recycling
(Mechanical Containers)
Compacted Per Cubic Yard $ 6.17 N/A N/A $ 6.17
Non Compacted Per Cubic Yard $ 1.03 N/A N/A $ 1.03
Rollout Carts (2x weekly) Per Cart $ 10.93 $ 10.93
r
Special Commercial Services
Gate Charges Per Enclosure N/A N/A $ 10.65 $ 10.65
Rollout Charges Per Container N/A N/A $ 10.65 $ 10.65
Rolloff Collection (Open Top) Per Pull Per Container $ 264.16 N/A N/A $ 264.16
Rolloff Collection (Compacted) Per Pull Per Container $ 270.04 N/A N/A $ 270.04
Yard Trash (2x weekly) Curbside 45 Cubic Yards $ 12.02 N/A N/A $ 12.02
00
Note: Commercial extra pickups will be charged at two (2) times the scheduled rate with a $26.60 minimum charge. t,.) 00
o
0 d
0
_ 1iL5 HIL/ .41H 11-L1-4-* lu : Jva rayN 1J
8D
May 8, 2000
III
For Release: BUREAU OF LABOR STATIST!CS
News 8:30 A M., EDT, Friday SOUTHEASTERN REGIONAL OFFICE
April 14, 2000 ATLANTA, GEORGIA
TELEPHONE:404-331-3415
Request Document 9105
CONSUMER PRICE INDEX
(1982-84=100)
March 2000
All urban consumers Wage earners &clerical workers
Percent Percent Percent Percent
Group U.S. change change U.S. change change
City Mar 1999 Feb 2000 City Mar 1999 Feb 2000
Average Mar 200C Mar 2000 Average Mar 2000 Mar 2000
All items (1982-84=100) 171.1 3.7 0.8 167.8 4.0 0.8
All items (1967=100) 512.5 - - 499.7 - -
Food and beverages 187.1 2 1 0.2 186.4 2.1 0.2
Housing 167.6 2.9 0.4 163.2 2.8 0.3
Shelter 191.8 3.0 0.6 185.6 2.8 0.4
Rent of primary residen 181.7 3 2 0.3 181.2 3.2 0.3
Apparel 132.5 -0.2 2.6 131.0 -0.1 2.4
Transportation 153.4 9.1 2.5 152.9 9.9 2.5
Medical care 258.1 3.9 0.4 257.3 4.0 0.4
Recreation 1/ 102.9 1.1 0.4 102.0 0.7 0.4
Education & communicati 102.0 1 2 -0.2 102 2 1.2 -0.3
Other goods and services 268.0 5.8 0.5 273.3 6.9 0.6
• All urban consumers
Percent Percent Wage earners&clerical workers
Percent Percent
Group change change change change
South Mar 1995 Feb 2000 South Mar 1999 Feb 2000
Mar 200C,Mar 2000 Mar 2000 Mar 2000
Al: items (1982-84=100) 166.4 3.6 1.0 164.6 3.9 1.0
Ali items (Dec 1977=100) 259.9 - - 266.6 - -
Food and beverages 165.3 2.4 0.3 164.1 2.4 0.2
Housing 156.3 2.2 0.8 154.5 2.0 0.6
Apparel 145.0 0 3 3.3 143.7 0.3 3.2
Transportation 151.1 9.7 2.5 151.5 10.7 2.7
Medical care 254.0 3.9 0.5 254.3 3.9 0.5
Recreation 1/ 102.7 1.2 0.5 101.8 0.7 0.5
Education &cornmunicatio 101.6 1.0 -0.3 101.7 0.8 -0.4
Other goods and services 261.1 6.1 0.2 266.6 7.5 0 1
1/ Indexes on a December 1997=100 base.
- Not available.
FAX-ON-DEMAND NUMBER IS 404-331-3403
4110
1