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10-10-88 v CITY OF ATLANTIC BEACH REGULAR MEETING - OCTOBER 10, 1988 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of September 26, 1988 2. Recognition of visitors 3. Appearances: A. Smith and Gillespie Engineers to present report and recommendations relative to the possible consolidation of the Atlantic Beach and Buccaneer utility systems 4. Committee Report: A. Report and recommendations on a tentative award for Major Sewer Rehabilitation, Part 1 and Part 2 5. Discussion regarding the waiving of the bidding requirements to purchase a used 1982 Ford for the Animal Control Officer at a price of $4,449.00 6. Report by Mayor Howell on a rebate earned by the City of Atlantic Beach on funds utilized from the Florida League of Cities Municipal Loan Fund 7. Action by the City Commission to ratify an agreement with Smith and Gillespie Engineers for plans and specifications for emergency repairs to six wetwells improperly coated during the City's recent sewage improvement program 8. Action by the City Commission to accept for maintenance the public facilities in the Mayport Crossing Shopping Center on Mayport Road at its intersection with A-1-A 9. Action by the City Commission to authorize the Mayor and Clerk to execute an addendum to the existing contract between the City and Gee and Jenson to provide additional water and sewer engineering on Seminole Road between Seventeenth and Eighteenth Streets 10. Action by the City Commission to accept water and sewer mains and a sewer lift station from the Seminole Road Homeowners' Association and dedication of easement to allow for utility improvements between Seagardens Condominiums and the proposed Tiffany by the Sea subdivision 11. Action by the City Commission to approve a Change Order on the Lake Elizabeth project for additional work in the amount of $9,773.75 as recommended by Engineers, Waitz and Frye 12. Action on Exceptions A. Public hearing on an application for exception for a home occupation for Stella Walker at 464 Skate Road to do typing in her home B. Public hearing on an application for exception for a home occupation for Inez Dixon at 775 Sabalo Drive to do alterations in her home 13. Action on Ordinances: A. Ordinance No. 95-88-37 Introduction of an Ordinance relative to protective lighting along the beach front to protect sea turtle hatchlings, and setting of a public hearing for October 24, 1988 B. Ordinance No. 90-88-136 Introduction of an Ordinance providing for the combination or re-combination of previously platted lots where the lots in question are double frontage lots and meet all of the required setbacks for area, frontage, etc. , and setting a public hearing for October 24, 1988 C. Ordinance No. 95-88-36 Public hearing and final reading of an Ordinance amending the beach safety Ordinance to exclude vehicles on the beach popularly known as wind sailers, or any type of vehicle propelled by the wind 14. Miscellaneous 15. Mayor to call on City Commissioners, City Attorney, City Clerk, and City Manager for reports and/or requests Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMNIISSION HELD AT CITY HALL ON OCTOBER 10, 1988 AT 7:15 PM V V O O T T PRESENT: William S. Howell, Mayor/Commissioner E E Robert B. Cook, Sr. D D Glenn A. Edwards William I. Gulliford, Jr. Alan C. Jensen, Commissioners M S O E AND: Richard C. Fellows, City Attorney T C Claude L. Mullis, City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. N D S 0 111E I[lee'Lliiy WaS ecilled Lu uLdel by MayuL Huwell. Thu iuVueaLion,fo1lerwta by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of September 26, 1988 Commissioner Cook requested the minutes be corrected on item 13. (a) . to reflect his correct vote of nay. The minutes show that he voted aye on passage of Ordinance No. 95-88-36 on first reading. Motion: Minutes of the regular meeting of September 26, 1988 be Cook x x approved as corrected. Edwards x Gulliford x x No discussion before the vote. Notion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 2. Recognition of visitors - None 3. Appearances: A. Smith and Gillespie Engineers to present report and recommendations relative to the possible consolidation of the Atlantic Beach and Buccaneer utility systems Mr. David Avery, of Smith & Gillespie Engineers presented their results of the feasibility study relative to the possible consolidation of the Atlantic Beach and Buccaneer utility systems. Of the two alternates,one was to keep the two plants and operate separately. That involved ex- panding the Buccaneer treatment plant, and in addition, it would be necessary to add additional treatment facilities for the existing plant as well. The other alternative was to phase out the Buccaneer plant completely and construct a raw wastewater pumping station at that plant which would handle the existing incoming flows and pump the raw waste- water down to the Atlantic Beach plant, and then expand the Atlantic Beach plant accordingly to handle the entire treatment for the service area. Alternate no. 2 was more in keeping with the new guidelines. Cost summary and comparison showed approximately $1.5 million difference in the projects totals of the two alternatives. Under the total cost comparison which In- cluded the operation and maintenance, there was very little difference in the overall cost of the two projects, $71,395 in favor of alternate no. 2. 24r. Avery reported that Smith and Gillespie recommended, after study of the two alternates, the city should consolidate the two plants. Slowly phase V V PAGE TWO NAME OF MINUTES COMMRS. MSYN nemnppp in 19 R R 3. Appearances - Smith and Gillespie - continued out the Buccaneer plant, construct a major expansion at the Atlantic Beach facility, and consolidate the operational staff at one plant. Mayor Howell asked if they had determined there was adequate land to construct the expansion to consolidate. Mr. Avery said, based on what they knew would be required at the present time, yes, the city had adequate land for the expansion. The proposed expansion, however, will not take the city to build-out. There will be some additional growth pass the next 20 years which would eventually have to be picked up. Mr. Avery added there was vacant land adjacent to the plant that was not owned by the city that could be purchased. He will give a firm report within the next few months on the amount of land that will be required. During discussion on the outfall, it was agreed that the city could only go to 2 million at the Buccaneer plant without acquiring additional lard. Commissioner Gulliford asked the City Attorney would they have any prob- lems with restrictions relative to the Buccaneer Bonds. Mr. Mullis res- ponded he would research that. Commissioner Gulliford also asked Mr. Avery if the package plants at "uccaneer have any value. Mr. Avery told him they would have some value ut not full resale value. He also factored in some cost considerations for the sale of the property the plant sits on, because of the increased value once Wonderwood Road was built. The amount considered as salvage value for the Buccaneer plant was $75,000, which he considered a little conservative. The value of the one acre of land to remain under alternate 2 where they will put in a pump station was the tax assessed valuation of the adjacent parcel which was $125,000. They also felt that was con- servative. Further discussion was held on the buffer strip to remain at the Atlantic Beach plant and whether the city had enough land to expand. Mr. Avery will research. Following the report and acceptance by the city, Mayor Howell thanked them for attending the meeting. 4. Committee Reports A. Report and recommendations on a tentative award for Major Sewer Re- habilitation, Part 1 and Part 2 Mr. Avery of Smith and Gillespie Engineers reported the Committee met and the low bidder on the project, Utilities Excavator, was not able to successfully furnish the bid bond. The Company had until September 30, 1988 to furnish both the bid bond and insurances from the Bonding Agency. 'here had been no response from Utilities Excavator since. Based on the dbove,the Committee recommended to the Commission the bid be awarded to the 2nd bidder,Westra Construction Corp. of Palmetto, Florida, in the net total amount of $420,582.85. The Engineers have discussed with DER in PAGE THREE MINUTES V V OCTOBER 10, 1988 NAME OF pppnrtc - r-nnti nnari COMMRS. MSYN regards to grant increases on the project, and that is all in order. The city can proceed accordingly. Motion: The City accept the second low bidder because the first Cook x low bidder did not meet the plans and specifications as Edwards x x required. The contract be awarded to Westra Construction Gulliford x x Corporation of Palmetto, Florida for Major Sewer Rehabil- Jensen x itation covering Sections "A" and "B" in the net total Howell x amount of $420,582.85. During discussion, it was announced the funds were budgeted for the needed increase. The question was called and the motion carried unani- mously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Discussion regarding the waiving of the bidding requirements to purchase a used 1982 Ford for the Animal Control Officer at a price of $4,449.00 Mr. Fellows reported requested bidding requirements be waived and authorize him to purchase an exceptionally good 1982 Ford for the Animal Control Officer at a purchase of $4,449.00. The mechanics had reviewed 4-he truck and advised it was a very good buy. FY 1988-89 was budgeted or $5,500 and approved by the city. Motion: Waive the bidding requirements and authorize the purchase Cook x of a used 1982 Ford for the Animal Control Officer at a Edwards x x price of $4,449.00. Gulliford x x Jensen x Discussion followed on a warranty. Following discussion, the question Howell x was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. Report by Mayor Howell on a rebate earned by the City of Atlantic Beach on funds utilized from the Florida League of Cities Municipal Loan Fund Mayor Howell reported on the money the city borrowed from the Florida League of Cities through the Municipal Loan Fund, due to the investments made by the League, the City of Atlantic Beach would be receiving a re- bate of $110,000 sometime during the month of December. 7. Action by the City Commission to ratify an agreement with Smith and Gillespie Engineers for plans and specifications for emergency repairs to six wetwells improperly coated during the city's recent sewage improve- ment program Commissioner Gulliford asked why they were improperly coated. Mr. Fellows .eported a law suit was pending on the matter. The City Attorney responded -t was a good question as to who coated them and who was legally responsible PAGE FOUR MINUTES V V OCTOBER 10, 1988 NAME OF COMMRS. M S Y N Ratif an A. PPmPnt with gmith an ( i P4 for the defective condition of the sewers. It was being tested in court now. It was his understanding the contractor was now in the bankruptcy court. A lengthy discussion followed. Motion: Move to ratify an agreement with Smith and Gillespie Engi- Cook x neers for preparing plans and specifications for emergency Edwards x x repairs to six wetwells at a cost not to exceed $15,000.00. Gulliford x x Jensen x Following discussion, the question was called and the motion carried Howell x unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 8. Action by the City Commission to accept for maintenance the public facilities in the Mayport Crossing Shopping Center on Mayport Road at its intersection with A-1-A Mr. Fellows reported he had received all necessary documentation and recommended the Commission accept the facilities for maintenance. Motion: Accept for maintenance the public facilities in the Mayport Cook x Crossing Shopping Center on Mayport Road at the intersection Edwards x with A-1-A. Gulliford x x Jensen x x To discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9. Action by the City Commission to authorize the Mayor and Clerk to execute an addendum to the existing contract between the City and Gee and Jenson to provide additional water and sewer engineering on Seminole Road between Seventeenth and Eighteenth Streets The above item was brought up at the last meeting by Mr. Brown who indicated they were not covered by sewer, and he requested the city in- clude them in the existing contract with Gee and Jenson. It would be about 1,000 additional feet at a cost of approximately $6,000. Notion: Authorize the Mayor and City Clerk to execute an addendum Cook x x to the existing contract between the City and Gee & Jenson Edwards x to provide additional water and sewer engineering on Semi- Gulliford x x nole Road between Seventeenth and Eighteenth Streets. Jensen x Howell x No discussion before the vote. Notion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 10. Action by the City Commission to accept water and sewer mains and a sewer lift station from the Seminole Road Homeowners' Association and dedication of easement to allow utility improvements between Seagardens Condominiums and the proposed Tiffany by the Sea subdivision Air. Fellows pointed out the Seminole Road Homeowners Association had V V PAGE FIVE NAME OF MINUTES COMMRS. MSYN nrmnppP 1 f, 10. Seminole Road Home Owners Association - continued agreed to remove any restrictions on the use of their pump station, and in addition they had provided the city with an easement access to connect up with the proposed development of Tiffany By The Sea. Upon acceptance, the city will receive an amount of $12,959.60. Motion: Accept for maintenance the water and sewer mains and sewer Cook x sewer lift station at Seagardens from the Seminole Road Edwards x x Homeowners Association, and further receive a dedication Gulliford x of easement from Seagardens to allow for utility improve- Jensen x x ments between Seagardens and the proposed Tiffany by the Howell x Sea subdivision. There was no discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 11. Action by the City Commission to approve a Change Order on the Lake Elizabeth project for additional work in the amount of $9,773.75 as recommended by Engineers, Waitz and Frye Motion: Approve a change order on the Lake Elizabeth project in Cook x the amount of $9,773.75 as recommended by Waitz & Frye Edwards x x Engineers. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 12. Action on Exceptions A. Public Hearing on an application for exception for a home occupation for Stella Walker at 464 Skate Road to do typing in her home Mayor Howell opened the floor for a Public Hearing on an application fcr exception by Stella Walker at 464 Skate Road to do typing in her home, and he invited comments from the audience. As no one spoke for or against the application, the Mayor declared the Public Hearing closed. Motion: Approve the request for a home occupation for Stella Walker Cook x to do typing in her home at 464 Skate Road. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Public Hearing on an application for exception for a home occupation for Inez Dixon at 775 Sabalo Drive to do alterations in her home Mayor Howell opened the floor for a Public Hearing on an application far nez Dixon to do alterations in her home at 775 Sabalo Drive, and he _Lnvited comments from the audience. As no one spoke for or against the application, the Mayor declared the Public Hearing closed. PAGE SIX MINUTES V V OCTOBER 10, 1988 NAME OF COMMRS. MS Y N _R Public' HPa r i n - Tna7 Tli wnn - rnnfinngvi Motion: Approve the request for home occupation by Inez Dixon to Cook x do alterations in her home at 775 Sabalo Drive. Edwards x Gulliford x x No discussion before the vote. Notion carried unanimously. Jensen x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 13. Action on Ordinances A. Ordinance No. 95-88-37 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH FLORIDA; AMENDING CHAPTER 5, CREATING ARTICLE III, PROTECTION OF SEA TURTLES; PROVIDING FOR LIGHTING STANDARDS FOR NEW AND EXISTING DEVELOP- MENT; PROVIDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 95-88-37 on first reading. Motion: Passage of Ordinance No. 95-88-37 on first reading. Cook x Edwards x ")wring discussion before the vote, Commissioner Gulliford stated he found the wording in the Ordinance to be extremely vague and subject to interpretation. There should be discussion held with the individuals who proposed the Ordinance before final passage. He asked the other Commissioners to take a good hard look at the proposed Ordinance before the final reading. The City Attorney suggested they may want to look at some of the provisions, i.e. those related to public access - the lights must be shaded and not illuminated on the beach. Where there is public access, the city's duty is to protect the safety of the people using the public access as well as protecting the turtles. Mayor Howell commented he thought there was a certain type of lighting that did not bother the turtles that could be used at the public access points. Following the discussion, the question was called and the motion carried with a four Cook x to one vote. Commissioner Gulliford voted nay. Edwards x Mayor Howell set the Public Hearing for October 24, 1988. Gulliford x Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Ordinance No. 90-88-136 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE IV, DIVISION 1, SECTION 24-188(c) TO PROVIDE FOR THE COMBINATION OR RECOMBINATIONS OF PREVIOUSLY PLAITED LATS UNDER CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. Mayor Howell announced there was one change to make before the reading. ander Section 24-188 (c) on the tenth line following the word lots, add the words "except lots having frontage on the Atlantic Ocean," PAGE SEVEN V V MINUTES NAME OF OCTOBER 10, 1988COMMRS. M S Y N 13. Action on Ordinances - 90-88-136 continued Mayor Howell presented in full, in writing said Ordinance on first reading. Motion: Passage of Ordinance No. 90-88-136 on first reading. Cook x Edwards x x No discussion before the vote. Motion carried unanimously. Gulliford x x The Mayor set the Public Hearing for October 24, 1988. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x C. Ordinance No. 95-88-36 - Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 5, ARTICLE II, SECTION 5-17, TO ADD VEHICLES PROPELLED BY THE WIND AS BEING PROHIBITED IN THE BEACH AREA; PROVIDING AN En CTIVE DATE. Mayor Howell presented said Ordinance in full, in writing on second and final reading. The Ordinance was posted in line with Charter re- quirements. The Mayor opened the floor for a Public Hearing and invited comments from the audience. Mr. Candler Hendry, 1024 23rd St. N. , Jacksonville Beach, Mike Saffer 348 2nd St. , Steve Masters, 343 2nd St. , Jimmy Hill, 659 Beach, and 7obert Young, 111 S. 2nd St. opposed passage of the Ordinance. They presented a petition signed by over 200 individuals opposing the adopt- ion of the Ordinance. Mr.Dezmond Waters, 1835 Seminole Road stated the real sad fact was that sand sailing was going to be passe' as the density of the beach increases and the vehicles do create a problem when they pass through the areas of public access, and they make you very nervous. They may only weigh 100 lbs. but it was a vehicle, and vehicles are not allowed on the beach. The density and use of the beach for individuals over-rides anyone's use of a sand sailer on the beach. He asked the Commission to vote for passage of the Ordinance or to ban them on the beach during the summer months. As no one else spoke for or against passage of the Ordinance, the Mayor declared the Public Hearing closed. Mayor Howell asked for a motion for passage of the Ordinance. As no one moved for passage of the Ordi- nance, the Ordinance failed for lack of a motion. Mayor Howell noted in the event the subject should ever be brought up again, it will have to be totally re-introduced, passed again on first reading, advertised, and then another Public Hearing held on second and final reading. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 14. Miscellaneous Mr. Fellows reported that Dean Russell, at the last meeting, discussed with the Commission the possibility of deeding to the city a small right- of-way for his occupants in Section H in Block 154. He was instructed to re-write the deed with the provision the city would not maintain the -access which was primarily a driveway. Mr.Russell presented the new deed to the Commission. PAGE EIGHT MINUTES V V OCTOBER 10, 1988 NAME OF COMMRS. MSYN 14. 111ScellalleUus - continuea Motion: Accept the 25-foot right-of-way from Dean Russell across Cook x the remaining portion of Lot 5, Block 154, Section H, Edwards x subject to the understanding the city would not be required Gulliford x x to maintain same. It will be used only for utility purposes . Jensen x x Howell x No discussion before the vote. Notion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 15. Mayor to call on City Commissioners, City Attorney, City Clerk, and City Manager for reports and/or requests Commissioner Gulliford advised the Commission he had met with Mr. Mart_n of Atlantic Utilities, Messrs. Birchfield and Buckman, Engineers for Bessent, Hammock and Ruckman, and representatives from Touche Ross relative to Commissioner Gulliford's concerns on the purchase of Atlantic Utilities. He had hoped that during the meeting he could negotiate the price down. After meeting with the above, Commissioner Gulliford felt that even approaching his concerns and making adjustments for that, they were probably looking at a utility that at the end of ten years might have an accumulative net profit of maybe $150,000 instead of the $450,000 that was shown. Primarily, because you would have to allocate a certain amount of money for replacement of the lines. It was not anything like the deal with Buccaneer, but there was an intangible value relative to ithe system, and he felt it would show a positive cash flow, and would amortize the debt over the projected period of time. Mayor Howell said an informational public meeting on the purchase was held at the Mayport Jr. High School last Tuesday, and all present urged the city to purchase the system. A Lengthy discussion followed. Motion: Instruct the Attorneys, Engineers, and CPA's to prepare Cook x the necessary Ordinances and documents to present to Edwards x x the Commission for a Public Hearing. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell reminded the audience there would be a vacancy on the City Commission on November 9, 1988 of his position as Mayor/Commissioner. He assumed the City Commission would appoint someone from their own ranks to fill that seat, leaving a vacancy on the Commission. The Mayor suggested that anyone interested in filling the vacancy should write a letter to the Commission expressing interest in holding that seat. Mayor Howell announced tomorrow, Tuesday, October 11th, at 9:00 a.m. the dedication of the Constitution Arbor would be held at Russell Park, He invited all interested persons to attend the dedication. PAGE NINE V V MIKES NAME OF OCTOBER 10, 1988 COMMRS. M S Y N 15. Continued The Mayor also announced a Public meeting would be held on Section H on Tuesday, October 11, 1988 at 7:00 p.m. at the Presbyterian Church. There being no other business to come before the Commission, the Mayor declared the meeting adjourned. Ae.// . iL/ IAZ/1 il'' am . Howell Mayor/Presiding Officer ATTEST: atIi_x_1.,,,_ Adelaide R. Tucker City Clerk