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11-19-90 v CITY OF ATLANTIC BEACH SPECIAL COMMISSION MEETING MONDAY, NOVEMBER 19, 1990, 7:15 P.M. Call to order 1. Consent Agenda: A. Approval to decrease Change Order #18 in the amount of $6,518.67 relative to the deletion of pavement on Stock Street in Section H. (BHR representative) 2. New Business: A. Discussion and related action relative to increasing Change Order #23 in the amount of $6,672 to extend water services to property lines in Section H (BHR representative) B. Discussion and action relative to a billing error by JEA C. Discussion and action relative to an EPA consent order 3. Any other business Adjournment MINUTES OF THE SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION HELD AT 7:15 PM ON MONDAY, NOVEMBER 19, 1990, IN CITY HALL, ATLANTIC BEACH The meeting was called to order by Mayor Gulliford. Present, in addition to the Mayor, were Commissioners Cook, Tucker and Weldon. Also present were City Manager Leinbach, City Attorney Jensen and City Clerk King. Commissioner Edwards was out of town and was excused. 1. Approval to decrease Change Order #18 in the amount of $6,518.67 relative to the deletion of pavement on Stocks Street in Section H Billy Howell, Section H Project Manager, explained an easement had not been granted on this portion of Stocks Street and swales and pavement had been deleted resulting in a project cost reduction of $6,518.67. Commissioner Weldon moved to approve Change Order No. 18. The motion was seconded by Commissioner Tucker and was unanimously approved. 2. New Business: A. Discussion and related action relative to increasing Change Order #23 in the amount of $6,672.00 to extend water services to property lines in Section H Billy Howell explained when the original plans were drawn it was not realized the water services would be located in the drainage swales. It was necessary to extend these water services about five feet to bring them up to the property lines, resulting in the additional cost. Commissioner Cook moved and Commissioner Weldon seconded approval of Change Order No. 23. Mayor Gulliford inquired whether this problem could be attributed to an error in design. William Layton, the Project Engineer, said his firm had been instructed to leave the service lines five feet off the property line and the city would extend the lines when meters were installed. The question was called and the motion carried unanimously. * * * * * * * * * * * * * Attorney Paul Eakin addressed the City Commission on behalf of Mr. & Mrs. Ira Bratcher, relative to modifications to the design for drainage in the vicinity of property the Bratchers own in Section H. Mr. Eakin said the modifications previously requested for Ninth Street and Camelia Street had now been deleted from that request for further consideration. He said he had received engineering plans from Buck Snellings of Connelly and Wicker Engineers but indicated that Mr. Snellings was ill and could not be in attendance to respond to questions. He also had received a letter from Mr. Ralph Brown of the St. Johns River Water Management District indicating the concept was deemed acceptable to the District but that final approval would be pending District staff review of the calculations and plans submitted. Mayor Gulliford said he felt this matter could be handled administra- tively and after further discussion the City Commission authorized the City Manager, City Attorney, Billy Howell, William Layton, Paul Eakin, and Ira Bratcher, to negotiate an agreement which would be acceptable to Page Two Minutes of Special Commission Meeting November 19, 1990 all parties involved and which would not result in additional cost to the city. * * * * * * * * * * * * * Mayor Gulliford presented a letter ke had received from Jacksonville Beach Pop Warner Football Association requesting a donation of $1,000 to help send members to Ft. Myers to compete in the Southeast Regional Championships. Commissioner Weldon moved to respond with congratula- tions but to explain that city policy prohibited making a financial contribution. The motion was seconded by Commissioner Tucker and was approved unanimously. The City Attorney was directed to draft a Resolution to formalize the policy which had been established. * * * * * * * * * * * * * William Layton reported a price of $11 .50 per foot had been established for driveway culverts in Section H. In commercial areas the driveways were wide and close together and he recommended substituting Miami curb and gutter in developed commercial areas for the first half block off Mayport Road. This would cost about $2,100 per street for about seven streets which, he felt, would represent a small savings to the city. Discussion ensued regarding installing curbs and gutters in the entire first block but Mr. Layton said because of the length of the streets, two catch basins would need to be installed at mid block for the collection of storm water and this would result in additional cost. After further discussion, in which Mr. Howell expressed the opinion this was the most practical and economical solution and it was determined the changes would not require any permit amendments, Commissioner Weldon moved to authorize the engineers to proceed with installation of curb and gutter in the seven streets as recommended by Mr. Layton. The motion was seconded by Commissioner Cook and was unanimously approved. (Change Orders will be presented for City Commission approval at a later date.) Mr. Layton reported Mr. Brown of the St. Johns River Water Management District had visited the project and had authorized revisions to the swales to allow them to be shallower and less steep. Mr. Layton said they would plan to start the swales no deeper than 18-inches and would try to limit the depth to no more than 30-inches at the deepest end. These changes will not require modifications to the permit and will be indicated on the as-builts. After further discussion Commissioner Weldon moved that in the absence of any objection from Public Services Director Bob Kosoy, and on approval of Project Manager Billy Howell, the City Commission accept the recommendation of Mr. Layton and authorize shallowing of the swales as approved by the St. Johns River Water Management District. The motion was seconded by Commissioner Tucker and Page Three Minutes of Special Commission Meeting November 19, 1990 was unanimously approved. Sandra Hackett, 265 Camelia Street, said water and sewer lines were exposed in the 4-foot ditch in front of her home. These lines would still be exposed after the shallowing procedures had been undertaken. She said she was concerned about possible damage during a freeze. Mr. Layton responded that some services had been installed too shallow and these would be lowered as part of the project and the culvert under the driveway would also be adjusted. Rosalee Bryant, 162 Camelia Street, said she wished to culvert the entire front property line of her property. Mr. Howell explained the city would install a 20-foot culvert for the driveway and the additional 30-feet could be culverted at her expense. Ms. Bryant should contact City Hall and pay for the required culvert at $11.50 per foot and the contractor would then be instructed to install the culvert while he is working in the area. Jayne Bennett, 280 Camelia Street, provided a hand-out relative to the development of Camelia Street and Mayor Gulliford responded to the questions posed. Mr. Layton said they would direct the contractor to begin the work on culvert revisions on Camelia Street and invited Commissioners to drive through the area to review the changes. Mr. Layton reported paving of Jasmine and Camelia Streets south of West Fourteenth Street had been deleted from the project when the landfill had been discovered. It has since been found that the fill material has decomposed and these streets have been again included in the project and a Change Order in this regard would be presented for approval. B. Discussion and action relative to a billing error by Jacksonville Electric Authority Finance Director Royal explained JEA had coded the off-base Navy housing as being in Atlantic Beach and for a period of about seven years had collected franchise fees in the amount of $235,509.00 from the Navy and these fees had been remitted to the city. JEA has requested that this money be reimbursed so it can be refunded to the Navy. Mayor Gulliford cited a passage in Ordinance No. 40-74-7 which seemed to indicate the city could not be held liable for such errors. It was pointed out that if JEA had provided a breakdown of the accounts from which the fees had been collected the city would have been aware of the situation and could have prevented the error. After further discussion, Commissioner Weldon moved to authorize the City Attorney to inform JEA we regret the mistake they have made and are willing that it should be corrected as of this current date; that the city does not propose to Page Four Minutes of Special Commission Meeting November 19, 1990 make any back payments; and ask that they furnish the city with a report on a monthly basis so this error will not be made again. The motion was seconded by Commissioner Tucker and was unanimously approved. C. Discussion and action relative to an EPA Consent Order Bob Kosoy explained city personnel had negotiated a reduction in the penalty assessed in the EPA Consent Order, said penalty now being $22,000.00. It was his recommendation the city authorize payment. Commissioner Weldon moved that the Mayor and City Manager be authorized to sign the Consent Order and to arrange for payment by city check. The motion was seconded by Commissioner Cook and was unanimously approved. 3. Any other business: Commissioner Weldon asked whether a designee to the Tree Board had been appointed. The City Manager responded that he would like to defer making a decision on this matter until after the new Community Development Director reported for work on December 3. Commissioner Weldon reported there were four dead palm trees on Community Presbyterian Church property and it was generally agreed it should not be necessary to get a permit to remove dead trees. * * * * * * * * * * * * * Mayor Gulliford shared some information he had received regarding a mechanized compost turner which he said the Regional Solid Waste Committee had been considering. * * * * * * * * * * * * * There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 8:55 PM. Ailk1. IlirAM ^ill'am I. Gullif: d, 1, Mayor/Presiding Offi ATTES T: Maureen King, City Cle k