06-10-85 v AGENDA
CITY OF ATLANTIC BEACH
June 10, 1985
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of Regular Meeting of May 27, 1985
Approval of the Minutes of Special Called Meeting of June 3, 1985
2. Recognition of Visitors
3. Appearances
A. Mr. Jack Taylor on behalf of the Friends of the Beaches
Library.
B. Mr. Pete Dowling requesting water and sewer reservation
for 32 units in Seminole Beach Project #2.
4. New Business
A. Action by the Commission to consider appointments to the
Board of Adjustment to replace Frank Tassone.
B. Discussion of a letter from the City Attorney regarding
the Buccaneer Water and Sewer District closing.
C. Authority for the Mayor and Clerk to execute the amended
Consent Order from the Department of Environmental
Regulation lifting the sewer moratorium.
D. Action by the Commission to approve a proposal from Smith
& Gillespie Engineers for engineering services in
connection with the regional effluent transmission facility.
E. Action by the Commission to approve a proposal from Smith
f Gillespie Engineers for maintenance inspection of the
Buccaneer Water and Sewer District facilities.
F. Authority for the Mayor and Clerk to execute loan agreement
with the State of Florida in regards to State Water
Pollution Control Bonds in the amount of $1.5 million dollars.
G. Receipt of bids for two new tennis courts.
H. City Attorney requesting action by the City Commission to
approve the transfer of Buccaneer bonds.
I. Action by the Commission to approve the appointment of a
prosecuting attorney for Code Enforcement Board.
J. City Commission review of public facilities plan for
for a Planned Unit Development known as Selva Lakes and
the issuance of tentative engineering plan approval.
5. Action on Ordinances
A. Ordinance No. 90-85-90. Public hearing and final reading of
an ordinance amending the Ordinance Code of the City of
Atlantic Beach, Florida; amending the Land Development Code
to provide for the rezoning of two parcels of land lying
North of the City's Water Plant and fronting on Mayport
Road from Open Rural (OR) to Commercial General (CG) owned
by Harcourt Bull, William Bull and Jane Bull. (Advisory
Planning Board recommends approval.)
6. Miscellaneous Business
7. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT THE CITY HALL ON JUNE 10, 1985 AT 7: 15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
William I. Gulliford, Jr. D D
John W. Morris, Jr.
Catherine G. Van Ness, Commissioners M S
AND: Richard C. Fellows, City Manager 0 E
T C
Claude L. Mullis, City Attorney I O Y
Adelaide R. Tucker, City Clerk
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook was followed by the pledge to the flag.
Approval of the Minutes of The Regular Meeting of May 27, 1985
Motion: The minutes of the regular Commission meeting of Cook x
May 27, 1985 be approved as presented. Gulliford x
Morris x x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Approval of Minutes of the Special Called Meeting of June 3, 1985
Motion: The minutes of the Special Called Meeting of June 3, 1985 Cook x
be approved as submitted. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Recognition of Visitors - None
Appearances
A. Mr. Jack Taylor on behalf of the Friends of the Beaches Library.
Mr. Taylor requested Commission consideration for an allocation to pur-
chase books for the new library at the beaches, hopefully to be comple-
ted by January 1986. He said The City of Jacksonville had just under
$3,600,000 invested in the library, including the purchase of 40,000
library books. When the new library opens, it will be 40,000 volumes
short of what the National Library Association said was needed to serve
the people in this area. The Association standards call for 21/2 books
per capita which meant our library should have 100,000 books. 20,000
would be moved down from the Jacksonville Beach branch, and with the
40,000 the City of Jacksonville was purchasing, gave a total of 60,000,
The average library book cost $20.00. Mr. Taylor said they were reques:-
ing $100,000 collectively from the three beach cities - percentage
breakdown by census was $27,100 for the City of Atlantic Beach (27. 1%
of the total population) . That would provide 1,355 books. Following
discussion, Mayor Howell advised Mr. Taylor that any donation would
have to be considered in the FY 85-86 budget. He instructed the re-
quest be filed for information and consideration at the proper time.
PAGE TWO V V
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JUNE 10, 1985 COMMRS. MSYN
Appearances - continued
B. Mr. Pete Dowling requesting water and sewer reservation for 32 units
in Seminole Beach Project #2.
Mayor Howell announced the agenda item had been pulled at the request
of Mr. Dowling.
New Business
A. Action by the Commission to consider appointments to the Board of
Adjustment to replace Frank Tassone.
The Mayor corrected the name of the resigning member. The correct name
was Rose Blanchard who had been representing the Royal Palms area. In
that regard, he asked for Commission consideration to appoint Mr. John
Bass, a Royal Palms resident for the past fifteen years. He is an in-
spector for the Agriculture Division for the State of Florida.
Motion: Move to appoint Mr. John Bass to serve the unexpired term Cook x
of Rose Blanchard on the Board of Adjustment. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B. Discussion of a letter from the City Attorney regarding the Buccanee-
Water and Sewer District closing.
The City Attorney stated he was transmitting a check in the amount of
$569.00 representing a pro rata portion of the taxes for the year 1985
which would be escrowed in accordance with his letter of June 4, 1985.
(copy is attached hereto and made a part hereof) . He also presented a
closing statement for the clerk's files and a memorandum of understand-
ing relating to matters to be resolved. The Clerk will mail copies of
all the information. No Commission action needed.
C, Authority for the Mayor and City Clerk to execute the amended
Consent Order from the Department of Environmental Regulation lift-
ing the sewer moratorium,
Mayor Howell corrected the agenda listing the Mayor and City Clerk to
execute the amended consent order. It should have read the Mayor and
City Manager to execute the amended consent order. He advised Mr. Mullis
had reviewed the document for its legality and approved.
Motion: Authorize the Mayor and City Manager to execute the Amended Cook x x
Consent Order from the Department of Environmental Regula- Gulliford x x
tion. Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
PAGE THREE V V
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JUNE 10, 1985 COMMRS. M S Y N
D. Action by the Commission to approve a proposal from Smith & Gillespie
Engineers for engineering services in connection with the regional
effluent transmission facility.
Mr. Fellows reported Smith and Gillespie had provided a proposal to im-
prove the lines of communication and provide a more comprehensive ap-
proach to engineering inspection on the Regional Facility- just the
section of the project that is included in the three beaches project.
(outfall line) . He had talked with Mr. Robert Bates, city engineer, &
Neptune Beach and Jacksonville Beach's engineer, Smith & Gillespie,
and had worked out an agreement where Smith & Gillespie would provide
the total engineering work on the Regional Outfall facility from the
time the notice to proceed was issued. Mr. Fellows recommended The City
Commission approve Smith & Gillespie for the work.
Motion: Approve the proposal from Smith & Gillespie for the engi- Gulliford x
neering services in connection with the Regional Effluent Trans- Van Ness x
mission Facilities. DER Project No. 747040
Commissioner Morris inquired if the city was required to bid the fee.
The City Attorney suggested the motion be amended to add "in no event
shall the fee exceed $5,480. The City Manager commented he had received
a letter from the Dept of Building Inspections for the State of Florida
that administered The Consultants Competitive Negotiations Act. The Asst.
Director said that in accordance with the above arrangement,if they cant-
celled one engineer and put the other engineer on, he saw it as a value
to the city, and the City of Atlantic Beach would not need to comply with
the terms of the terms of the Consultants Competitive Negotiations Act.
Amended Motion: Approve the proposal from Smith & Gillespie for Cook x
the engineering services in connection with the Regional Gulliford x x
Effluent Transmission Facilities (DER Project No.747040) , Morris x
but in no event shall the fee exceed $5,480. plus $173. Van Ness x x
per day for resident project observation. Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * :.
E. Action by the Commission to approve a proposal from Smith & Gillespie
Engineers for maintenance inspection of the Buccaneer District
The City Manager reported Smith & Gillespie Engineers had provided the
city with a proposal to perform the maintenance inspection of the
Buccaneer facilities. As provided in the purchase agreement, the city
has thirty (30) days to inspect the facilities, and following that, a
period of time in which to notify the Buccaneer Management Partnership
of any discrepancies or failures noted and they would have the opportu-
nity of repairing or reducing the purchase price. The proposal outlined
the scope of the investigation: 1.) A visual inspection of all wastewater
and water treatment equipment; 2.) An inspection of all wastewater pump-
ing equipment; 3.) An inspection of all structures which are a part of
the water and wastewater utilities; and 4.) An inspection of a repre-
sentative number of sewer manholes and a representative number of video
PAGE FOUR V V
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JUNE 10, 1985 COMMRS. M S Y N
•
New Business - continued - E.
tapes of the internal inspection of the wastewater collection system
operated by Buccaneer Service Company. The actual footage of tapes
and number of manholes reviewed will be determined after a prelimi-
nary analysis of the system has been made. The fee would not exceed
a total of $3,500, which would be comprised of the total cost, includ-
ing expenses and overhead, up to a maximum of $3,000 and a fixed pro-
fessional fee of $500. The cost ceiling of $3,000 would not be exceeded
without the prior written approval of the City of Atlantic Beach. Mr.
Fellows recommended the City Commission look favorably on the proposal.
Motion: Move to approve the proposal from Smith & Gillespie for the Cook x
inspection of Buccaneer Water & Sewer District. Gulliford x
Commissioner Morris asked if the Commission would receive some formal
reports to approve, and asked if they would look at the outfall pier
and bridge. Mr. Fellows replied in the affirmative. The question was Cook x
called and the motion carried unanimously. Gulliford x
Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
F. Authority for the Mayor and Clerk to execute loan agreement with the
State of Florida in regards to State Water Pollution control Bonds in
the amount of $1.5 million dollars.
Mayor Howell commented that Mr. Mullis had given all of the Commission
a letter from him regarding his review of the Loan Agreement. He noted
the agreement was rather far reaching and expressed the opinion it tied
the city up more than any bond issue he had ever seen. Mr. Mullis
said he had discussed the agreement that day with officials in Tallaha-,
see. The bonds have been sold, and little could be done except it did
have certain things in the agreement that should be set forth that they
were required to provide the city prior to execution of the agreement:
1.) "Monthly loan deposits" - the monthly deposit to be made by the Local
agency to the monthly escrow account 1/12 of P & I, R & R requirements
to be deposited in special account in accordance with escrow agreement
attached as exhibit. (There were no attachments) . He added it would be
of interest to the Commission that they were not only pledging 1 & 1/3
times the principal and interest in debt service and other obligations
of the revenues of the system that they had to levy, but were also
pledging the Ad Valorem taxing power of the city in case it would be
needed to retire the principal and interest on the bonds. In addition,
the State would have the authority, if the city did not levy sufficient
rates and charges, to come in and levy themselves, and they could come
over and operate the system. Commissioner Morris asked what was the
problem and could it be changed. Mr. Mullis replied in the negative,
but felt they should be aware of the details. Discussion was held on
Mr. Mullis' last sentence of the letter "it appeared some of the items
in the Loan Agreement should be negotiable and it may be in the City's
best interest to attempt to do so."
PAGE FIVE V V
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JUNE 10, 1985 COMMRS. MSYN
New Business - continued F.
Motion: Move to defer until the next Commission Meeting and give Cook x
the Mayor an opportunity to appoint whomever he desires Gulliford x
to attempt to negotiate on the points Mr. Mullis had
raised.
Commissioner Morris asked Mr. Mullis why he had not looked into the
problems earlier. Mr. Mullis replied he would feel better to at least
have a completed document with the exhibits attached to it before the
city executed the document. The question was called and the motion Cook x
carried unanimously. Gulliford x
Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
G. Receipt of bids for two new tennis courts.
The following bids were received and opened:
Sport Courts, Inc. , Jacksonville,F1. $23,710.00
Deduct for city removal of all asphalt
and concrete from both sites. 1,300.00
Varsity Courts, Inc. , Longwood,Fl. $27,720.00
Deduct for city removal of fencing 300.00
Whalen Tennis Co. ,Jacksonville,F1.
Russell Park $11,985.00
City Hall $16,853.00
Deduct for city removal of asphalt 1,878.00
• * * * * * * * * * * * * * * * * * * * * * * *
The City Manager commented $9,000 was budgeted and he had $9,000 also
budgeted for playground equipment that could be used for a total of
$18,000. Balance to taken out of contingency.
Motion: Send the bids to Committee to report back at the next Cook x x
meeting. Gulliford x x
Morris x
The Mayor appointed Commissioner Van Ness, Mr. Fellows and Mr. Van Ness x
Harry Royal to serve on the Committee. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
H. City Attorney requesting action by the City Commission to approve
the transfer of Buccaneer Bonds.
The City Attorney advised the Commission that Resolution 85-14 had been
requested by the General Counsel of the Atlantic National Bank of Fla.
He recommended the Commission adopt the Resolution which would require
ultimately a new bond to be issued showing the pledgee as being the
Atlantic National Bank. The Ordinance provides that all expenses incur-
red as a result of that will be borne by the person holding the bond
which in that case would be Mr. Zell, or the general partnership.
PAGE SIX V V
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JUNE 10, 1985 COMMRS. MSYN
New Business - continued- H.
Motion: Move to adopt Resolution 85-14, A Resolution pursuant to Cook x x
Ordinance No. 80-85-26 consenting to transfer of Bond No. Gulliford x x
R-2 in amount of $873,600.00 of the City of Atlantic Beach Morris x
Buccaneer Water and Sewer District Revenue Bonds. Van Ness x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I. Action by the Commission to approve the appointment of a prosecuting
attorney for Code Enforcement Board.
Mayor Howell stated the City Attorney was appointed as Counsel to the
Board and therefore could not serve as Prosecuting Attorney. Mr. Mullis
recommended Miss Suzanne Bass, who was present in the audience, to be
employed at an hourly rate of $75.00 per hour to be paid out of the
legal counsel's budget. He added that Miss Bass had several years ex-
perience as a Public Defender in the State Attorney's office, and was
an outstanding lawyer in private practice now.
Commissioner Morris asked if any funds had been budgeted for FY84-85.
Mr. Fellows replied he had anticipated they would have some minor ex-
penses with the Code Enforcement Board and he included those in the
budget adjustment passed at the last meeting. The question was asked
if the prosecuting attorney would represent the city in court if a case
was appealed. Mr. Mullis said he would check on it, but thought he woull
probably handle any appeals. Commissioner Gulliford expressed the opinipn
the Board was not re-activated until after the FY84-85 budget was passel.
(The organizational meeting was held on October 25, 1985.) The Mayor
reminded the Commission the Board had approximately 97% compliance now.
When asked where she lived, Miss Bass responded in San Marco, but would
consider moving to Atlantic Beach. Commissioner Morris said he would very
much like to see an attorney that was a resident of Atlantic Beach serva
on the Board. Discussion followed on the pros and cons of a prosecuting
attorney living in the City of Atlantic Beach. The question was raised
as to the contractual obligation, and Mr. Mullis said that all attorneys
serve at the pleasure of the City Commission, including himself.
Motion: Appoint Miss Suzanne Bass to act as the Prosecuting Attor- Cook x x
ney for the Code Enforcement Board. Gulliford x x
Morris x
The motion carried with a four to one vote. Commissioner Van Ness x
Morris voted no. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
J. City Commission review of public facilities plan for a Planned Unit
Development known as Selva Lakes and the issuance of tentative engi-
neering plan approval.
Mr. Fellows reported he, staff, and England & Thims had met with the
developers that were represented by Bill Grenville on the Selva Lakes
(the old Bull airport property) which was recently zoned as a PUD.
PAGE SEVEN V V
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JUNE 10, 1985 COMMRS. M S Y N
New Business - continued - J
Mr. Fellows said the developers had not provided him at that time with
all the necessary documentation, but did have a good set of engineering
plans for the development of the public facilities, which was basically
what they were asking Commission approval of that night, so they could
call for bids. He suggested if the Commission should vote to approve
the engineering plans to make it contingent on the developers furnish-
ing the city the other required closing documents, such as the plat,
covenants and restrictions, and several other items not yet received.
Mr. Grenville and Don Meuse asked that the city grant them flexible
setbacks and a variance so they would not be required to put in side-
walks. Mr. Grenville said they had planned a lot of cul-de-sacs and
they wanted to preserve the limited foliage that was on the property.
They also were providing two-car garages for every unit, and no two
units would back up to each other, eliminating some of the need for
sidewalks. He added they back up to parks, lakes or a right of way
so they could vary placement of the houses on the lots and not come up
with something that looks like a row of townhouses.
Commissioner Morris asked about the possibility of putting in sidewalks
on 11th St. , the secondary entrance into the development. Mr. Grenville
said they had looked at that, but asked for a waiver there also, mainly
because 11th St. is a nice entrance to the particular community, and
did not feel sidewalks would be of any value. He wanted to preserve as
much green area at the entrance to the property and along the lagoon
area as possible and not clutter it up with more concrete. The entrance
on Plaza does have a sidewalk and if the children wanted to walk to
school they would go that way. Commissioner Morris stated he had noticed
wherever there were no sidewalks, i.e. the Royal Palms area, the city
had in fact had to go in at later dates and put in the sidewalks, at
no small expense. Following discussion, the following motions were made:
Motion: The setbacks, as Mr. Grenville had requested, be granted. Cook x
Gulliford x x
Morris x
Van Ness x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Motion: The request be granted to eliminate sidewalks in the Cook x
development. Gulliford x
Commissioner Morris reminded the Commission of the Times Union article
on four children having to walk to school through the rattlesnakes be-
cause there were no sidewalks, and he envisioned that happening to our
city in Selva Lakes development. Commissioner Cook responded the child-
ren would walk to school on Plaza where there were sidewalks. Following
discussion, Commissioner Gulliford moved to amend his motion:
PAGE EIGHT V V
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JUNE 10, 1985 COMMRS. MSYN
New Business - continued - J.
Amended Motion: Waive requirements for sidewalks in the develop- Cook x x
ment of Selva Lakes, but provide a finished waiting area Gulliford x x
at the corner of the unnamed street and Plaza Drive. Morris x
Van Ness x
No discussion before the vote. Motion carried unanimously. The Howell x
motion carried with a four to one vote. Commissioner Morris voted no,
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Motion: Acknowledge and accept Mr. Grenville's presentation of Cook x
his open space for Selva Lakes. Gulliford x x
Morris x
Van Ness x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Motion: Acknowledge and accept the 11th Street Improvements to re- Cook x x
place and improve the existing lagoon crossing on 11th St. Gulliford x x
and to surface the roadway 24 feet wide to the entrance of Morris x
Selva Lakes. Landscaping along 11th St. at Selva Lakes will Van Ness x
be completed to clean-up the area. Howell x
The City Manager said normally a development of that sort would make a
contribution to the improvement of the lift station to which they would
be making a considerable contribution of waste stream. Inasmuch as that
lift station had already been let to contract under the DER project, he
had discussed with the developers a contribution of $7,000 to be made
for purposes of aesthetic improvement of our water plant which would be
backed up to the Selva Lakes Subdivision. That would be screening, land-
scaping, repainting of the area, and general aesthetic appearance.
Motion: Approve the contribution of $7,000 from the Developers of Cook x x
Selva Lakes to be made for the purposes of aesthetic Gulliford x x
improvement of our water plant. Morris x
Van Ness x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * -4. * * * * * * *
Action on Ordinances- No. 90-85-90 Final Reading and Public Hearing
A. AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL
ZONING MAP OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE LAND
DESCRIBED HEREIN AS PARCEL 1 AND PARCEL 3 FROM OPEN RURAL TO COM-
MERCIAL GENERAL (CG) FRONTING ON MAYPORT ROAD; OWNED BY A. HARCOURT
BULL,III, WILLIAM A. BULL AND JANE E. BULL; PROVIDING AN EFFECTIVE
DATE.
Said Ordinance was presented in full, in writing, and read on second
and final reading by Mayor Howell. Said Ordinance was posted in line
with Charter requirements. The Mayor then opened the floor for a Public
PAGE NINE V V
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JUNE 10, 1985 COMMRS. MSYN
Action on Ordinances - continued-No.90-85-90
Hearing, and asked for comments from the audience. As no one spoke for
or against, the Mayor declared the Public Hearing closed.
Motion: Said Ordinance No. 90-85-90 be passed on second and final Cook x
reading. Gulliford x
Morris x x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Miscellaneous Business
Commissioner Cook asked for a legal status on speed bumps. He said
drivers come down Seminole Road and exit on Ocean or East Coast Drive
traveling 80 miles per hour and they don't stop until approximately
12th Street. He was crossing Ocean Blvd. at 15th St. with his dog and
before he could get across the street he had to pick up his dog and
move him quickly as a truck came around the curve so fast he was almost
hit, and that was a block away. The Chief of Police was instructed to
look at the area and report back. He said they had been running radar
recently due a lot of complaints from Ocean Blvd and East Coast Drive,
and had written quite a few tickets.
Commissioner Morris asked when the utility agreement would be reviewed.
It was the consensus of the Commission for all suggestions to be made
at the next meeting.
Mayor Howell noted the Commission had received a report from Gee &
Jensen in connection with Section H, and the City Manager had 22 permits
pending. The City Manager said the report showed the city could provide
paved streets, drainage, water and sewer for about $100.00 per foot on
the streets that were open. The City Attorney was instructed to draw up
the necessary legal directions for the Commission to pursue implemen-
tation of the recommendations, and the Commission will review the City
Attorney's suggestions along with the Gee & Jensen report. Also, bring
back a time table to pay. Commissioner Cook also asked for a description
of the streets that have been closed in the area.
The City Attorney expressed the opinion, in regards to negotiations wita
the auditors, the Commission should proceed with number one. If they
could successfully negotiate with number one, they should do so. If not,
terminate negotiations, and go to number two, et al. Then they could cone
back to number one after negotiations had been terminated with the others,
as far as the fee was concerned. It was determined the entire City Commis-
sion would negotiate at the next meeting.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 8:50 p.m.
(SEAL) ,f /
ATTEST:
i Liam S. Howell
Adelaide R. Tucker Mayor/Presiding Officer
City Clerk