09-27-99 vCITY OF ATLANTIC BEACH
COMMISSION MEETING- September 27, 1999
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of September 13, 1999.
2. Courtesy of Floor to Visitors:
3. Unfinished Business from Previous Meeting
A. Action on a request of Ragtime Tavern for permission to use a portion of the sidewalk
at 207 Atlantic Boulevard for café style seating (City Manager)
i) Authorize the City Attorney to draft a contract for Ragtime's use of the City
property;
ii) Establish a user fee for the use of the property
iii) Review and take action on the request for a Use-by-Exception to waive the
parking requirements for 32 additional restaurant seats
iv) Authorize the City Attorney to modify the existing ordinance to allow the
alcohol consumption requested
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 and Recreation Departments (City Manager)
B. Approve the purchase of a concrete grinder from SASE Company, Inc., at a cost of
6,638.91, pursuant to the specifications of Bid No. 9899-31 (City Manager)
C. Acknowledge receipt of Annual Stormwater Report to United States Environmental
Protection Agency for Year 2 (City Manager)
D. Award contract for the base bid and Additive Alternate No. 2 in the total amount of
326,273.42 for Stormwater System Improvements pursuant to the specifications of
Bid No. 9899-25; Also, approve appropriation of funds from reserves in the amount
of$72,600 for Additive Alternates 1 and 3, as recommended by staff(City Manager)
5.Committee Reports:
4110 Page Two AGENDA September 27, 1999
6. Action on Resolutions:
A. Resolution No. 99-23
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
RECOGNIZING JOHN FLETCHER FOR HIS SERVICE ON THE PENSION
BOARD OF TRUSTEES (Mayor)
B. Resolution No. 99-26
A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. (City Manager)
C. Resolution No. 99-22 -Public hearing
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,LEVYING
THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER
30, 2000, STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE
LEVIED EXCEEDS THE ROLLED BACK RATE; AND, PROVIDING AN
EFFECTIVE DATE(City Manager)
7. Action on Ordinances:
4110 A. Ordinance No. 20-99-43: Public Hearing and Final Reading
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING
OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 (City Manager)
B. Ordinance No. 95-99-71 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED
BY THE CITY FOR CERTAIN REAL PROPERTY OWNED BY HABITAT FOR
HUMANITY OF THE JACKSONVILLE BEACHES,INC.,A NOT FOR PROFIT
FLORIDA CORPORATION, D/B/A BEACHES HABITAT, AND PROVIDING
AN EFFECTIVE DATE (Mayor)
8. Miscellaneous Business:
A. Appointment of a committee to review the recommendations of the Pension Board
of Trustees regarding a change in retirement eligibility(Mayor)
B. Appointment to Code Enforcement Board (Mayor)
C. Appointment to the Stormwater Review Committee(Mayor)
D. Authorize City staff and City Attorney to obtain a legal boundary survey and obtain
ownership of property located on Brista de Mar Circle in Selva Norte Unit 2,through
a quick-take agreement with Mr. Jack Pate(City Manager)
E. Approve additional pay for the Interim City Manager,retroactive to January 12, 1999,
and continuing until the new City Manager is hired (City Manager)
Page Three AGENDA September 27, 1999
F. Approve proposed Change Order to extend the boardwalk leading to the canoe launch
at the Tresca property by thirty(30) feet, at a cost of$3,070.00 (City Manager)
G. Action on Attorney General's Opinion regarding mandatory connection to the City's
sewer system (Comm. Mitchelson/City Manager)
H. Declare YMCA trailer surplus and authorize disposal by city staff(City Manager)
I.Discussion and related action regarding the feasibility of changing the date of city
elections to coincide with other regularly scheduled elections (Mayor/Comm.
Mitchelson)
J.Approve Community Development Block Grant contract with the City ofJacksonville
and authorize the Mayor to sign the contract document (City Manager)
K. Approve employment contract with James Hanson for the position of City Manager
City Manager)
L. Award contracts for insurance coverage in accordance with the recommendations of
Waters Risk Management (City Manager)
M. Appointment to the Community Development Board to fill the unexpired term of
Dezmond Waters (Mayor)
N. Approve Pine Island Master Plan and authorize staff to negotiate a contract with
Landers-Atkins for construction plans for bidding and building the project; also
111 authorize staff to seek grant funding to pay for planning and design work
9. City Manager Reports:
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 of the 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.
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,
September 24, 1999.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E
BEACH CITY COMMISSION HELD IN CITY HALL, 800 S S
SEMINOLE ROAD AT 7:15 PM ON MONDAY, SEPTEMBER 27,
1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
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AND: Maureen King, City Clerk 0 E
T CAlanC. Jensen, City Attorney t O Y
David Thompson, City Manager ONEN
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The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The
Invocation was offered by Mayor Shaughnessy followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
September 13, 1999
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The Mayor asked for corrections or amendments to the minutes. There
were no corrections or amendments and the minutes were unanimously
approved as prepared.
2. Courtesy of the Floor to Visitors:
No visitors spoke at this time.
3. Unfinished Business From Previous Meeting
A. Action on a Request of Ragtime Tavern for Permission to
Use a Portion of the Sidewalk at 207 Atlantic Boulevard for
Café Style Seating (City Manager)
i) Authorize the City Attorney to draft a contract for
Ragtime's use of the city property,
ii) Establish a user fee for the use of the property,
iii) Review and take action on the request for a Use-by-
Exception to waive the parking requirements for 32
additional restaurant seats, and
iv) Authorize the City Attorney to modify the existing
ordinance to allow the alcohol consumption requested
0 Mayor Shaughnessy stated that she would prefer not to act on the request
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at this time, and indicated that she would like to wait until a
recommendation was received from the Community Development Board
CDB) concerning a citywide ordinance addressing café style seating.
City Manager Thompson recapped the changes required to implement the
request, and suggested that the Commission refer this matter to the
Community Development Board for their recommendation. He also noted
that the request would require a Use-by-Exception which was previously
denied by the CDB. City Manager Thompson suggested that the
Commission direct the City Attorney to begin drafting the required legal
documents and changes to the city code required by the request, if they did
not want to wait for the CDB recommendation.
BEAVER X
Motion: Authorize the City Attorney to draft a contract for BORNO X
Ragtime's use of the property. MESERVE X X
MITCHELSON X X
Commissioner Mitchelson stated he initially was opposed to the request SHAUGHNESSY X
but since then he realized that Mr. Morton had put forth a great deal of
effort to be a good neighbor to the other businesses located in the area. He
noted that Rona Brinlee, the owner of The Book Mark, supported the
request.
Commissioner Meserve stated he had also changed his mind concerning the
request. He felt that since the café style seating would be limited, it no
longer posed a problem. He expressed initial concern that outside
consumption of alcohol might get out of hand,but stated that Al's Pizza had
a similar operation on private property which caused no problems. He felt
that if the café style seating or outside consumption of alcohol became
safety issues, they could be controlled by the contract.
Commissioners Borno and Beaver felt that the ordinance should be applied
equally to everyone and expressed concern for changing the existing
ordinance to allow consumption of alcohol on public property.
Mayor Shaughnessy indicated that she favored the request, but wanted to
ensure that the matter was well thought out before granting the request.
She felt that input from the Community Development Board was needed
before making a decision. She further stated that she did not want to hurt
business in the Town Center area in any way,but felt it was necessary that
the city come up with a uniform policy which could be applied to everyone.
0 Bill Morton, Manager of Ragtime Tavern, stated he had no problem with
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September 27, 1999
delaying the request since he had promised the adjacent business owners
he would not initiate the café seating during the Christmas shopping
season. Mr. Morton stated he now realized the request was more complex
than he originally thought.
Don Bottini of 2130 Mayport Road read letters he sent to the local
newspapers opposing the request. Copies of the letters are attached and
made part of this official record as Attachment A.
Ruth Isaacs of 370 10th Street agreed with Mr. Bottini's comments, and
felt that the request was an inappropriate use for public property. She
expressed concern for patrons' safety and felt the area would become too
crowded and develop an outdoor party-like atmosphere on public property,
which she felt provided no enhancement to the area. Mrs. Isaacs also
opposed covering the signature bricks with tables.
City Manager Thompson briefly summarized Mr. Morton's proposed
request and all the required changes to implement the request. The
changes are listed in the staff report dated September 8, 1999, which is
attached and made part of this official record as Attachment B.
There being no further discussion, the motion failed by a one to four vote
with Commissioner Meserve voting aye and Commissioners Beaver,Borno,
Mitchelson, and Mayor Shaughnessy voting nay.
Motion:Refer the Ragtime Tavern request for permission to use BEAVER X
a portion of the sidewalk at 207 Atlantic Boulevard for café style BORNO X
seating to the Community Development Board for their
MESERVE X
MITCHELSON X X
recommendation.
SHAUGHNESSY X X
The motion carried by a four to one vote with Commissioner Borno voting
nay.
Mayor Shaughnessy opened the floor for a public hearing on the use-by-
exception to waive the parking requirements for 32 additional restaurant
seats.
Don Bottini requested that he receive drawings of Ragtime's proposed café
seating. Mayor Shaughnessy requested that City Clerk King forward any
diagrams and information submitted by Mr. Morton to Mr. Bottini. Mr.
Bottini expressed concern that the request would be transferred to future
owners should the property be sold. Mayor Shaughnessy explained that it
was possible for the Commission to grant a use-by-exception to the current
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owners for their use only.
Stephen Kuti of 1132 Linkside Drive inquired if the the parking spaces
across the street from Ragtime would be eliminated. He expressed concern
that placing the tables next to the curb would create too narrow of a space
for cars to back out from those spaces.
There being no further comments, the Mayor declared the public hearing
closed.
4.Consent Agenda:
Commissioner Mitchelson requested that Items B and D be removed from
the Consent Agenda for further discussion.
A. Acknowledge Receipt of Monthly Reports from Building,Code
Enforcement, Occupational License and Recreation
Departments (City Manager)
C. Acknowledge Receipt of Annual Stormwater Report to United
States Environmental Protection Agency for Year 2 (City
Manager)
Consent Agenda Items 4A and 4C were unanimously approved as presented.
B. Approve the Purchase of a Concrete Grinder from SASE
Company, Inc. at a Cost of $6,638.91, Pursuant to the
Specifications of Bid No. 9899-31 (City Manager)
BEAVER X X
BORNO X
Motion:Approve the purchase of a concrete grinder from SASE ME SERVE X
Company, Inc. at a cost of$6,638.91 pursuant to the MITCHELSON X X
specifications of Bid No. 9899-31. SHAUGHNESSY x
Commissioner Mitchelson inquired if there was a permanent need for this
type of equipment.
City Manager Thompson explained that there was sufficient work to justify
purchasing the equipment. He felt it was more cost effective to purchase the
equipment than renting it when needed.
Commissioner Beaver noteed there was only one bidder, but pointed out
that the city was saving between $1,200 - $1,500 by purchasing the
equipment from the manufacturer. Commissioner Beaver indicated that
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the equipment was high maintenance and suggested that there be only one
operator.
City Manager Thompson stated that staff intended to train an operator in
the use and maintenance of equipment.
There being no further discussion, the motion carried unanimously.
C. Award Contract for the Base Bid and Additive Alternate No. 2
in the Total Amount of $326,273.42 for Stormwater System
Improvements Pursuant to the Specifications of Bid No. 9899-
25;Also,Approve Appropriation of Funds from Reserves in the
Amount of $72,600 for Additive Alternates 1 and 3, as
Recommended by Staff(City Manager)
Motion: Award Contract for the Base Bid and Additive BORNO X
Alternate No. 2 in the total amount of $326,273.42 for MITCHELSON X
Stormwater System Improvements pursuant to the
specifications of Bid No. 9899-25; also, approve appropriation
of funds from Reserves in the amount of$72,600 for Additive
Alternates 1 and 3, as recommended by Staff(City Manager)
Stephen Kuti of 1132 Linkside Drive thought the city had expended all
of its reserve funds and inquired as to how much money the city had in
reserves.
Alan Potter of 374 Second Street expressed concern that money was
being wasted on the project. He stated that the firm of Aikenhead and
Odom had recently been hired to evaluate the core city and Howell Park
drainage, and part of this project drained into Howell Park. Mr. Potter
further stated that neither the Stormwater Review Committee (SRC) nor
Aikenhead and Odom had evaluated this project, and he felt it was
premature to spend funds on the project, which he believed was not in
keeping with the city's consent order.
Mr. Potter distributed copies of a letter from the Department of
Environmental Protection (DEP) dated October 1, 1997, Paragraph 16 of
the Consent Order, and the staff report from Robert Kosoy, Public Works
Director, dated September 21, 1999 to the Commissioners. Copies of the
information are attached and made part of this official record as
Attachment C.
4110 Mr. Potter then suggested that the project be postponed until such time as
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Aikenhead and Odom have completed their evaluation of the core city
drainage project, which includes Howell Park.
Commissioner Mitchelson inquired if the city would have to give up other
projects if it took $71,000 from various accounts in the Streets Division
Fund and Stormwater Operating Fund to complete this project.
Finance Director VanLiere responded that the city ran under budget in
maintenance and the money was being transferred from various
maintenance accounts in the amount of$71,000.00.
Commissioner Mitchelson then inquired as to what work was being done on
Pine Street.
City Manager Thompson responded that the existing swales would be
filled in, drainage pipe installed to direct the flow of water to Howell Park,
and curb and gutter installed.
City Manager Thompson further stated that there was no rush on this
project, and if the Commission wished to review the very extensive bid
documents,the information could be presented at the next meeting with the
engineers present. City Manager Thompson indicated that the firm of
Aikenhead and Odom were not working with the city when the project
began, and since the project was dumping water into Howell Park, he felt
it should be discussed with them.
Mayor Shaughnessy stated that it appeared that the work to be done on Palm
Avenue and Pine Street would impact the Howell Park outfall. She felt
that the firm of Aikenhead and Odom should review this project to see if
it interfaced with the core city project presently under their review.
Following discussion,it was the consensus of the Commissioners that input
was needed from Aikenhead and Odom concerning the project.
Commissioner Meserve inquired if the drainage improvement project was
required to bring the city into compliance with paragraph 16 of the
Consent Order. City Manager Thompson indicated that the DEP was
concerned with sanitary sewer not stormwater, but both were
interconnected due to intrusion. He felt the manner in which paragraph 16
was written was open to interpretation. City Manager Thompson indicated
he would have an answer for the Commissioners within the next two
0 weeks.
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There was no further discussion and the motion and second were
withdrawn.
Motion: Defer Item 4D to the October 11, 1999 Commission BEAVER X
Meeting in order to give staff and Aikenhead and Odom time BORNO X X
to confer and make their recommendation concerning the
MESERVE X X
MITCHELSON X
project. SHAUGHNESSY X
There being no further discussion, the motion carried unanimously.
5.Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 99-23
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RECOGNIZING JOHN FLETCHER FOR HIS
SERVICE ON THE PENSION BOARD OF TRUSTEES
Mayor)
Mayor Shaughnessy reported that Mr. Fletcher was unable to attend the
meeting. The resolution was read in its entirety by Mayor Shaughnessy.
BEAVER X
Motion: Adopt Resolution No. 99-23.
BORNO X
MESERVE X
MITCHELSON X X
There was no discussion, the motion carried unanimously. SHAUGHNESSY X X
B. Resolution No. 99-26
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND
ENDING SEPTEMBER 30, 1999 (City Manager)
BEAVER X
BORNO X X
Motion: Adopt Resolution No. 99-26.MESERVE X X
MITCHELSON X
Commissioner Meserve requested that City Manager Thompson briefly SHAUGHNESSY X
explain the budget modifications.
City Manager Thompson gave a brief overview of the budget modifications
and indicated that the last item on Page 2 of the resolution could be
eliminated since it was for the stormwater items discussed under Item 4D,
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which will not be included in this year's budget.
Amendment to the motion: Strike the General Fund Item and BEAVER X
in the amount of$72,600.00, including the paragraphs titled
BORNO x
MESERVE X
Expenses" and "Description" from Page 2 of the budget
MITCHELSON x X
resolution.SHAUGHNESSY X X
There being no further discussion, the amendment to the motion and the
motion carried unanimously.
C. Resolution No. 99-22 - Public Hearing
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA,LEVYING THE AD VALOREM PROPERTY TAX
MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL
TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND
ENDING SEPTEMBER 30, 2000, STATING THE
PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED
EXCEEDS THE ROLLED BACK RATE; AND PROVIDING
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AN EFFECTIVE DATE (City Manager)
BEAVERBX
Motion: Adopt Resolution 99-22.
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ESERVE X
MITCHELSON X X
Mayor Shaughnessy announced the proposed millage rate was 3.1721 for SHAUGHNES SY X
fiscal year 1999/2000, and further stated that the rolled back rate for
1999/2000 was 3.0368 and the proposed millage rate was 4.455% higher
than the rolled back rate.
Mayor Shaughnessy then opened the public hearing and invited comments
from those present.
Curt Sanders of 2320 Barefoot Trace inquired as to the increase in
property values in the city. Finance Director VanLiere stated that citywide,
the difference between the rolled back rate and the proposed current rate
would be $78,586.00
J.P. Marchioli of 414 Sherry Drive stated that the value of new
construction had been omitted from the inquiry.
Finance Director VanLiere responded that the differences in the budgeted
revenue of the current year existing millage and using the same millage for
the next year with the additions, deletions and increased valuations would
generate $116,700.00.
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Since no one else wished to speak, the Mayor declared the public hearing
closed.
Mayor Shaughnessy reiterated her previous opposition to adopting a millage
rate of 3.1721 and stated she would like to reduce the millage 1/4 mill.
There being no further comments,the motion carried by a four to one vote
with Mayor Shaughnessy voting nay.
7. Action on Ordinances:
A. Ordinance No. 20-99-43: Public Hearing and Final Reading
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR
THE CITY OF ATLANTIC BEACH, FLORIDA, FOR
FISCAL YEAR 1999/2000 BEGINNING OCTOBER 1, 1999
AND ENDING SEPTEMBER 30, 2000 (City Manager)
Mayor Shaughnessy read the ordinance by title only. BEAVER X
BORNO X X
Motion: Adopt Ordinance 20-99-43 on final reading. MESERVE X X
MITCHELSON X
Mayor Shaughnessy then opened the public hearing and invited comments
SHAUGHNESSY X
from those present.
J.P.Marchioli of 414 Sherry Drive inquired as to when the budget would
be available and was told it would be available for public purchase in
approximately three weeks. City Manager Thompson stated that in the
meantime, Mr. Marchioli could borrow his copy of the budget.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
Mayor Shaughnessy requested that a copy of her letter concerning a
balanced budget be included as part of the minutes. The letter dated
September 9, 1999 is attached and made part of this official record as
Attachment D.
There being no further discussion, the motion carried unanimously.
B. Ordinance No. 95-99-71 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA,AUTHORIZING THE EXCHANGE OF CERTAIN
REAL PROPERTY OWNED BY THE CITY FOR CERTAIN
REAL PROPERTY OWNED BY HABITAT FOR HUMANITY
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OF THE JACKSONVILLE BEACHES, INC., A NOT FOR
PROFIT FLORIDA CORPORATION, D/B/A BEACHES
HABITAT, AND PROVIDING AN EFFECTIVE DATE
BEAVER X
Mayor)
BORNO X X
MESERVE X X
Motion: Adopt Ordinance No. 95-99-71 on final reading. MITCHELSON X
SHAUGHNESSY X
Mayor Shaughnessy opened the floor for a public hearing and invited
comments from the audience.
No one wished to speak,and the Mayor declared the public hearing closed.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Appointment of a Committee to Review the Recommendations
of the Pension Board of Trustees Regarding a Change in
Retirement Eligibility (Mayor)
Mayor Shaughnessy appointed the following citizens to the Committee to
Review the Recommendations of the Pension Board of Trustees regarding
a change in retirement eligibility: John Fletcher, George Foster as a non-
voting member, Dezmond Waters, and Dorothy Kerber. Mr. Waters
requested that the committee meetings be held after 3:00 p.m.
B. Appointment to Code Enforcement Board (Mayor)
Mayor Shaughnessy appointed E.T. Fernandez to a three year term on the
Code Enforcement Board. There were no Commission objections to the
appointment.
Mayor Shaughnessy requested that a Resolution of Esteem be prepared for
retiring Code Enforcement Board Member Lou Etta Waters for presentation
at the next Commission Meeting.
C. Appointment to the Stormwater Review Committee (Mayor)
Mayor Shaughnessy indicated there would be no additional appointments
to the Stormwater Review Committee.
D. Authorize City Staff and City Attorney to Obtain a Legal
Boundary Survey and Obtain Ownership of Property Located
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on Brista de Mar Circle in Selva Norte Unit 2, Through a
Quick-take Agreement with Mr. Jack Pate (City Manager)
Motion: Authorize City Staff and the City Attorney to obtain a BEAVER X
legal boundary survey and obtain ownership of property located BORNO X X
on Bristal de Mar Circle in Selva Norte Unit 2,through a quick-
ME SERVE X
MITCHELSON X X
take agreement with Mr. Jack Pate.
SHAUGHNESSY x
Mayor Shaughnessy explained that Mr. Pate was donating the property
to the city to allow city vehicles to make a proper turnaround when
checking or servicing the lift station located next to his property. Mr.Pate's
only requirement was that the city do the survey and legal work for the
quick-take agreement.
There was no discussion, the motion carried unanimously.
E. Approve Additional Pay for the Interim City Manager,
Retroactive to January 12, 1999,and Continuing Until the New
City Manager is Hired (City Manager)
Motion: Approve additional pay for the Interim City Manager, BEAVER x
retroactive to January 12, 1999 and continuing until the new
BORNO x x
City Manager is hired.
MITCHEE X
MITCHELSON X
SHAUGHNESSY X X
There was no discussion and the motion carried unanimously.
Mayor Shaughnessy introduce the new City Manger, Jim Hanson, and
welcomed him to the city.
J.P. Marchioli inquired if the additional pay for the Interim City Manager
was pay or a bonus and was told it was a bonus.
F. Approve Proposed Change Order to Extend the Boardwalk
Leading to the Canoe Launch at the Tresca Property by Thirty
30) Feet, at a Cost of$3,070.00 (City Manager)
BEAVER X X
BORNO X X
Motion: Approve proposed Change Order to extend the MESERVE X
boardwalk leading to the canoe launch at the Tresca Property MITCHELSON X
by thirty (30) feet, at a cost of$3,070.00. SHAUGHNESSY x
There was no discussion and the motion carried unanimously.
G. Action on Attorney General's Opinion Regarding Mandatory
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Connection to the City's Sewer System(Comm.Mitchelson/City
Manager)
Motion: In the absence of any adverse health conditions on the MESERVE x
premises,the City Commission honor past commitments of the MITCHELSON X
previous Commission as found in Section 22-90 of the code.
Mayor Shaughnessy indicated that she had previously requested letters be
written to the Attorney General and to Dr. Goldhagen of the Public Health
Department to determine if there was a health hazard associated with the use
of septic tanks in the specified areas.
City Manager Thompson indicated that no letter had been directed to Dr.
Goldhagen, however, he had been in touch with the Health Department
several times regarding this matter.
Mayor Shaughnessy stated that she would like to receive a written response
from Dr.Goldhagen in order to know if there was a health hazard associated
with the use of septic tanks in the specified areas.
Commissioner Beaver felt Section 22-90 of the code would have to be
amended regarding the ninety day hookup requirement.
Mayor Shaughnessy referenced Page 2,Paragraphs 4 and 5 of the Attorney
General's opinion which provided that the mandatory requirement for
sewer hookup could be waived if it was determined that such connection
was not required in the public interest due to public health considerations.
The Attorney General's Opinion (AGO) is attached and made part of this
official record as Attachment E.
Mayor Shaughnessy then asked City Attorney Jensen if the city code would
have to be changed if the city received a letter from Dr. Goldhagen
confirming that the city was not adversely affecting public health by its
actions.
City Attorney Jensen stated it was up to the Commission to decide whether
or not to enforce the ninety day hookup requirement. He further stated that
other officials have honored the commitments made by previous
Commissions.
City Attorney Jensen advised that the Attorney General's Opinion
addressed requirements under the state statute,not those under the city code.
He advised that the city code required hook up within ninety days,if sewer
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is available or if the septic system fails. He recommended that the
ordinance be amended to reflect the policy adopted by the Commission.
Commissioner Meserve felt that a workshop was needed to discuss a plan
to provide some type of financial relief to encourage and eventually require
those citizens on septic systems to hook up to the sewer. He stated that
he would like to allow citizens to pay the required costs and fees over a
period of time.
Commissioner Borno felt this item should be deferred until such time as the
response from the Health Department is received. He agreed that a
workshop was needed to develop a policy concerning mandatory sewer
connections.
A brief discussion ensued concerning who was exempt from the
requirements of section 22-90. It was pointed out that everyone who had a
special assessment was exempt,except those with the Beach Avenue sewer
assessment.
Dezmond Waters of 1835 Seminole Road explained that the sewer
system was installed in Section H to prevent further installation of septic
systems, and was paid for by the citizens living there at that time. It was
pointed out that anyone who moved in after passage of the ordinance was
required to connect to the sewer.
Mr. Waters reported that the City of Neptune Beach planned to be off of
septic systems just after 2005, and suggested that the city might consider
some reasonable type of "sunset clause" when amending the existing
ordinance.
Mr.Don Bottini recommended a publication from the United States League
of Cities of studies done on septic systems which indicated that septic
systems become real public hazards as population density increased. He
suggested that the city contact the Tax Foundation for information on the
costs of converting to sewer systems.
There was no further discussion and Commissioner Meserve suggested that
this item be deferred until the Health Department letter was received.
BEAVER X
After a brief discussion, the motion and second were withdrawn.
BORNO X
MESERVE X X
III Motion: Defer action on the item until the letter from the MITCHELSON X
Department of Health is received. SHAUGHNESSY X
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There being no further discussion, the motion carried unanimously.
H. Declare YMCA Trailer Surplus and Authorize Disposal by City
Staff (City Manager)
BEAVER X
BORNO X X
Motion: Declare the YMCA trailer surplus and authorize its MESERVE X
disposal by City Staff. MITCHELSON X X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
I.Discussion and Related Action Regarding the Feasibility of
Changing the Date of City Elections to Coincide with Other
Regularly Scheduled Elections (Mayor/Comm. Mitchelson)
City Clerk King explained that to change the city election date to coincide
with other regularly scheduled elections,which are held every two years on
even years would require an amendment to the City Charter. It was further
explained that it would also be necessary to adjust the terms of office for the
first year and an ordinance approving the language to be placed on the ballot
11111
would have to be passed.
City Clerk King indicated that a referendum could be held on the
Presidential Preference election in March 2000, and a mail-in ballot was
suggested since there would be no candidates.
City Clerk King stated that the city would realize a cost savings of
approximately$5,000.00 for poll workers,$700-800.00 for advertising and
the cost for staff to prepare and receive absentee ballots if the Supervisor of
Elections handled the municipal election.
City Clerk King further stated that Supervisor of Elections John Stafford
would be willing to work with the city in making the transition and
suggested that a workshop be held with the City Attorney and Mr. Stafford
to decide exactly how the election should be set up.
Commissioner Mitchelson believed more citizens would become involved
in the municipal election if it coincided with the national and state elections.
Mayor Shaughnessy requested that the Duval County Delegation be
contacted to see if any involvement on their part was required to change the
BEAVER X
BORNO X
municipal election dates.
MESERVE X
4110 MITCHELSON X X
Motion: Direct staff to pursue changing the election date in SHAUGHNESSY X X
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order to improve citizen participation.
There being no further discussion, the motion carried unanimously.
J. Approve Community Development Block Grant Contract with
the City of Jacksonville and Authorize the Mayor to Sign the
Contract Document (City Manager)
BEAVER X X
Motion: Approve the Community Development Block Grant BORNO X X
Contract with the City of Jacksonville and authorize the Mayor
MESERVE X
MITCHELSON X
to sign the Contract Document.
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
K. Approve Employment Contract with James Hanson for the
Position of City Manager(City Manager)
BEAVER X
BORNO X
Motion:Approve Employment Contract with James Hanson for MESERVE X X
the position of City Manager. MITCHELSON X
SHAUGHNESSY X X
Commissioner Mitchelson inquired as to payment for dependent health
insurance as listed on Page 6 of the contract and asked if this would set a
precedent.
A brief discussion ensued and it was pointed out that family health
insurance coverage had been included in previous city managers' contracts.
Commissioner Borno praised Mr. Hanson for his work with staff at the
shelter during the mandatory evacuation for hurricane Floyd.
There being no further discussion, the motion carried unanimously.
L. Award Contracts for Insurance Coverage in Accordance with
the Recommendations of Waters Risk Management (City
Manager)
BEAVER X
Motion: Award contracts for insurance coverage in accordance
BORNO X X
with the recommendations of Waters Risk Management.
MESERVE X
MITCHELSON X X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
M. Appointment to the Community Development Board to fill the
Unexpired Term of Dezmond Waters (Mayor)
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BEAVER X X
BORNO X
Motion: Appoint Craig Burkhart to fill the unexpired term of MESERVE X X
Dezmond Waters on the Community Development Board. MITCHELSON X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
Mayor Shaughnessy called a recess at 9:50 p.m.and reconvened the meeting
at 10:10 p.m.
N. Approve Pine Island Master Plan and Authorize Staff to
Negotiate a Contract with Landers-Atkins for Construction
Plans for Bidding and Building the Project;also Authorize Staff
to Seek Grant Funding to Pay for Planning and Design Work
Motion: Approve Pine Island (Dutton Island) Master Plan and BEAVER X X
authorize staff to negotiate a contract with Landers-Atkins for BORNO X
construction plans for bidding and building the project; also
MESERVE X
MITCHELSON X
authorize staff to seek grant funding to pay for planning and
SHAUGHNESSY x X
design work.
City Manager Thompson reported that the Landers-Atkins Master Plan for
the park had been reviewed by the Recreation Advisory Board and staff.
He indicated that staff made a few minor changes to the plan and approved
the plan in its current form.
Tom Atkins of Landers-Atkins displayed a large map of the proposed
master plan and provided an overview of the proposed improvements.
Mr. Atkins indicated that the land would be developed as a passive park
with the preservation of natural habitat areas. He explained that the
controlled burn was a requirement of the grant application and would be
coordinated through the USDA Division of Forestry. Mr. Atkins also
reported that a study of vegetation and wildlife was conducted by
Environmental Resource Solutions, Inc, and no endangered species were
found on the island.
Commissioner Beaver stated he like the design for the park, and inquired
as to the cost of the proposed observation deck. He also requested that the
length of the canoe launches be checked to ensure that they were adequate.
Commissioner Borno also favored the design for the park. He inquired
concerning usage of thatch roofed structures and stated he would check into
the structures built at the Navy Base by volunteers. Commissioner Borno
felt the restroom should be kept simple and low maintenance.
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Commissioner Borno also inquired concerning the feasibility of
constructing an amphitheater at the low spot when entering the island.
Commissioner Meserve inquired concerning parking on the island. Mr.
Atkins explained that there would be a turnaround for emergency vehicles,
but there would be no parking on the island. He indicated that the roads
on the island would be stabilized, but would not be paved . City Manager
Thompson stated the Park Attendant would be provided a four wheel drive
truck as a maintenance vehicle.
Mayor Shaughnessy inquired where buses would park for school trips. Mr.
Atkins stated that buses would drop students off at the entrance to the park
where a control area for visitor orientation and restroom were located. The
Mayor also inquired about an amphitheater and the amount of area set aside
for camping.
Discussion ensued concerning a boat dock for the south end of the island.
Mr. Atkins reported that there were pilings but no dock at that location and
the existing pilings would probably have to be repaired or replaced.
Construction material for the restrooms was discussed and Commissioner
Borno suggested using Wonder Board. It was the consensus of the
Commission that the building be a permanent concrete structure as opposed
to a pre-fabricated building.
Relative to the recommendation made by the Recreation Advisory Board
concerning a resident custodian, City Manager Thompson indicated that
there was no need for a resident custodian on the island since it would be
gated and locked at night.
There being no further discussion, the motion carried unanimously.
9. City Manager Reports:
City Manager Thompson:
Indicated that a Workshop Meeting with Aikenhead and Odom
needed to be scheduled as part of the contract with the company.
It was the consensus of the Commission to hold the workshop on
October 11, 1999 at 4:00 p.m.
40 • Indicated that the City Attorney's contract needed to be revisited.
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It was the consensus of the Commission to discuss the contract on
October 11, 1999 at 6:00 p.m.
Commended City Staff for their work during Hurricane Floyd.
10. Reports and/or requests from City Commissioners and City
Attorney
City Clerk King:
Reminded the Commission of October 5, 1999 Commission
Meeting to canvass the ballot and certify the election results.
Commissioner Mitchelson:
Distributed copies of the FCC ruling which allows dish antennas
to be placed on homes regardless of Homeowner Association rules.
Inquired concerning FEMA reimbursement for expenses and
damages related to Hurricane Floyd.
City Manager Thompson stated that reimbursement depended on the
level of disaster declared.
Commissioner Beaver:
Commended city staff for a job well done during Hurricane Floyd.
Commissioner Borno:
Expressed concern that citizens would not heed future hurricane
warnings.
Commissioner Meserve:
Stated he hoped the Police Department had a plan for protecting
property when the citizens evacuated.
City Manager Thompson stated that protecting property was a high
priority for the Police Department. He stated that in the future he
hoped the media would refrain from talking about burglaries during
the evacuation.
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A brief discussion ensued concerning the problems individual
Commissioners encountered when evacuating.
Mayor Shaughnessy:
Thanked the City Manager and staff for their work during the
hurricane.
Reported that a Red Mass would be held at Immaculate Conception
Church on October 14, 1999 at 5:30 p.m.
Reported that the Regional Sediment Meeting would be held at the
Sea Turtle Inn on October 24, 1999 at 9:00 a.m.
Reported that the Association of Public Works luncheon would be
held on October 21, 1999 at 11:30 a.m.
There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 11:15 p.m.
Suzanne Shaugh ' J
Mayor/Presiding e • icer
ATTEST:
taitkg—r.
Maureen King
Certified Municipal I-
Soft s a
New cables will greatly Improve opening is more ovaluana ive
Soft s cella lead to rim pinch
gear-shifting and braking. round. Gripping a round grip across the ferry to Big or Little
flats and a mushy ride.
i
Ask for Talbot Island. A mountain bike A , .advice so you get the right feel • A bike's seat angle is critical may strain the hand on long
rides. For kayak paddlers, the is quite versatile for such
for the first time. A
e sitting
for comfort. If the tip is angled
hand strains when forced to grip training rides. Merely increase
tire can explode while in down,
ma
ridere mighto
get
an object that is trying to roll tire pressure to 60 or 70 pounds
the sun. temporary relief from a change
while paddling. and you will roll very nicely
Ic7 Be careful using service in pressure points, but hips are
znow angled wrong and the rider A similar effect occurs with along with less chance for flats.
H station air pumps. They can
is pushed forward, causing a very soft bike grips. Gripping Lower the pressure for riding
w quickly overinflateda beach tightly causes hand strain. This off-road and reinflate when you
cruiser's tire and blow it off the new strain. is not a problem for short trips hit the road.
g on a beach cruiser, but for those Steve Longenecker turns 60
rim. Conversely, some cannot Anglin the seat backward
training for the MS 150, it canoreachthe120poundsofreversestheslide, shifting the today. For my 52 years, he has
c pressure for high-pressure road hips and pulling the rider away become a discomfort on long been a loving brother who has
bike tires. They may actually from the handlebar. Both errors rides. been there for me in times of Send your kids bac
6 '-maystrain the body as it Learn to fix your own flats if need. Riding behind him on a
deflate those tires. you are going to do the MS 150.
Ho One rider was interested in a attempts to balance itself. The
y tough trail in Pisgah Forest on smiles, while prc
z ,seat should be level with the You'll feel like a real pro and be Aug. 3, it was hard to believe he
new bike until he got new tires30! birthday. decaywith a
and had a tuneup on his road for most riders. Legs of help to others. was over Happy
otherwise sound old ride. I lost a
should be used for pedaling and Riding is supposed to be fun. You've earned one. As you read
H sale while gaining a happy
not for trying to rebalance a We should be choosing the this, he is rock climbing. FIR'
r- customer. He said the bike felt shifted pelvis caused by a cocked
stress and discomfort by the BIII Longenecker Is a free-lance writer
brand-new! Tune up your old
seat. speed and distance we are who lives In Neptune Beach.CLE
plated poor to 930.n-.,
W
LETTERS TO THE EDITORW
H
REGENCY SQUARE
up The Dentist
I I Ragging on sidewalk plan You know, where the "used car There are several externRagtimesatisfyal
their LOCATED AT SEAT
for "greed?"
do to
Have they
department" is located fronting costs to Ashley's Boutique and appetite
Shorelines reports about the to the Book Mark stores. considered adding another floor
po Atlantic Boulevard. REFUSE
TO
VALID FOR
EC
DAYS FROM DATE
R IMBURSE OF '
POOR
owners of the Ragtime Tavern Maybe they could interest the Parking spaces in front of their to their establishment? Look at EFFUSE TO ID F CANCEL PAYMENT DA BE REIMBURSED FOE EAYN
taking various legal steps to
Papa Joe's building. I guess it's ]2 HOURS OF.RESPoNDINO TO THE ADVERTISEMENT FOR THEURt
g PJacksonville Transportation stores would be taken more P
expand the physical space of Authority in subsidizing the frequently by Ragtime not a good idea. I got it!!
their establishment to the route by,paying for the shuttle customers. The same would also Move Ragtime Tavern to the
narrow sidewalk outside their
service as a token measure to happen to the establishments Kmart parking lot. Have Kmart
doors and windows. This seems
reduce DUI incidents among our around the corner and across bum them ad
double
with extra Thveryfoolish. The sidewalk is so
young people. the street. It also may have RagtimeThere,
narrow that a single flower
The question that must be some impact on the Sea Turtle large columns so that they'can
J` peddler would cause "pedestrian
answered is how does this Inn, since they already have a double the size again by
congestion" on that strip of greed," I mean "growth," beautiful oceanside dining area. building upstairs when business Preschooconcrete. impact on this tiny historic But there is still yet another warrants — and keep feeding
1 Now, the way I understand it,
center? Let us call this cost, and that is the negative that greed impulse. It is this
t, the Ragtime owners want to impact of overselling alcoholic idea that has promise for the
tb. eliminate parking in front of
impact by its real name,
beverages in that very
Atlantic Beach community!"
economic externalities." Does
Dononiri4ovJi11
their portion of the building
i theplan provide benefits to physically small area.
extend the cafe business outside.
Atlantic Beach
Part of their elaborate.scheme.____anyone else? No, so there are no Oceanfront and Atlantic is
includes setting up a bus-type "external benefits" to the already becoming a"skid row"-. P.S. Shorelines
by Ed
el
Hallea very
shuttle service" to Kmart's proposal. What are the external corner of town.
huge, huge,huge parking lot. "costs" of the plan? What can the owners of funny cartoons. Thank you, Ed.
HELOUPS - Nonrolling EoSELF
I room 302, 428
I thru PrE
Juan Drives. Ponte Vedra Beach. 223-610 . extension 6220. Catholic School,
2lce'uri cZi- --vr'Iav--.._sozQrn A4,4-_ _
with -mushrooms and extraResidentsshouldprotestcheese, they tipped the deliv-
ery guy-four pounds of pluton
sidewalk at Ra ti•me
ium in a silver suitcase.
g Inthe=hysteria that has fol
lowed such revelations, U.S
To the editor attempting to put their selfish officials have scrambled t
I strongly urge residents of interests ahead of the com-: institute .tighter :securlt
i ; Atlantic_Beach and I' ept ne 1 iWunity's,.best interest. measures.'But it turns out th
1 Beaclr tor& tend'the"Sep -21`-'iY•iti"tslbt'•this 'happen. Sup PF t_'47MI2 h:
public hearing at 7 p.m. in port your community by op-. cerned about aren't necessar
City' Halla Chambers, 8b0 posing the proposal. • ily nuclear.
Semimole Road. - The appropriate solution for Forget about Wen Ho LeThepublicneedstoprotestRagtimeRestaurant, if their The root of the security lapseffortsofcertainpublicoffi- business truly warrants ex- in the eyes of the national scialstoaccommodateRag--. pansion, is to trove to a larger
curity establishment is .time Restaurant-in securing locationwithin the;same vi- Mister Winky!additional serving area by cinity. There are several vac-
having a sidewalk seating .-ant restaurant buildings Spurred by the fear of a Mat.area. within a short distance that Hari scenario, a`new Depar 'Any member of the commis- are larger than the current ment of: Energy policy re;sion who supports this propo- Ragtime Restaurant.i quires our nuclear scientist {
sal is against the best inter- There is a real issue of fair- to report their amorous co.
ests of the community.
ness to the other_merchants tacts with foreigners froThesidewalkspaceisroad (
not in the restaurant busi- any of 25 nations we have de•equate and creates a .clan-
ness) which is not being prop- ignated- as "sensitive," b.'1gerousovercrowdingsitua-cause they don't meet o 11tioninaddition" nega- erly addressed. Passage of thetoother
tive social aspects for that tiny Ragtime proposal would deft- standards of democracy, h
historic corner of town. nitely tip the scales toward a
man rights and Starbuck I
skid row" atmosphere and concentration.
All of this is said irrespec- P
tive of the various schemes destroy the very"special pur- (The list of "sensitive" n.
that the Ragtime owners have pose of having a historic vii. tions includes China, Russi. t
proposed (the K Mart parking
lage-like environment. Israel, India, and Pakista.!III
lot
shuttle bus idea,•etc.) Don Bottini But not Canada, so if you ca
The owners of Ragtime are Atlantic Beach get Shania Twain in the sac
go for it!)
Thank God, .though, tMayorVaughniswrong. American government •`fi":
shown maturity, sobriety,a
self-restraint by limiting thTotheeditor: since.that poor dog defecated xenophobic overreactionIrecallafewmonthsagotheinhisyardseveralyearsago. "repeated sexual contact."face of a-very scared 12-year- .This ridiculous feud has been
old on the news, arrested for going on for a long time. I': In a landmark victory "f
making a comment to a fel- hope suitable legal actions. every man in every' barlowstudentaboutwishingherwillbe`pursued. The mayor every American town at
school would blow up, I re- has displayed a rather short a.m., the Department of En:.
3rimember, also a few=months fuse, More than once.
gy's "kiss=and-tell" poli
ago a teen-ager from Sandal-
has specifically exempted t`Q. I -wood High School was arrest- Obviously -the citizens of •
one-night stand.I) ed for similar accusations. Neptune'Beach have not been
There have been many others. dealt a full- deck. GAMEIOVER! I-plan to join forcesI: In the wake of the Columbine with other Neptune Beach ciii-
it..
i I I . High tragedy, these" corn Lens to" call for the immediate
Q I 1 menta should be taken Kathleen Feindt Bail:
resignation of Mayor -.
seriously. In so doing another News and Editorial
tragedy could possibly be
Vaughn. Samantha Mick
I Bryan Daniels
avoided. However, in .mostRex edmonsori
cases, these were idle threats,
Unfortunately, someone
usually dies before preventive
Alice Gartland
I - made in passing to other stud
y
s
Jules Gilden
ents.
actions are taken,whether it Paige Gnann
installing a much-needed ._ John Hardebeck"
L : stop light or putting up a cau : Marc a Hodgson
I To my amazement; I saw:on tion aign..Does someone have , Madeline Hopson.
the news that Neptune Beach Wimpy Suttontoactuallydiebeforesometh- ; Liza van A sdaie .I Mayor George Vaughn actu- 9
I ally "wished he had some dy- Q> iis one.hP- th'erfoot.
put the
JoRoger
Walkerhouse
ATTACHMENT B
SEPTEMBER 27, 1999 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Requests from Ragtime
DATE: September 8, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: This item was discussed at the August 23, 1999 City Commission
Meeting, and the City Manager was directed to meet with the
Mortons to discuss the matter further. On Wednesday, September
1, 1999 at 2:00 PM,the City Manager met with Tom and Bill
Morton.
The Mortons provided a signed agreement with Frank R. Keasler,
Jr. to provide Ragtime employees with a"nonperpetual,non-
exclusive and as-available access"to park at the parking lot in
Neptune Beach at the corner of 1st Street and Atlantic Blvd. This
certainly demonstrates an attempt on the part of the Mortons to
alleviate some of the parking problem around their business.
The Mortons have also met with nearby business owners to discuss
times for the sidewalk cafe style business to work out solutions to
concerns from their neighbors.
Relative to the issue of pedestrian access, it appears that the
proposed layout will allow sufficient space for pedestrians to pass
through the area. However,this will have to be monitored to
assure that overflow crowds do not create an impediment to
pedestrians.
After reviewing the proposals and discussing staff concerns, it
appears that the sidewalk cafe seating that is being proposed can be
added without creating major problems with other businesses or
pedestrians.
The utilization of the City property will require several measures
including a contract with the City to use the property,the
establishment of any user fees,the necessity for a Use-by-
Exception for additional seating without additional parking, and
the modification of the City Code to allow alcohol consumption on
City property. Other concerns expressed by staff can be addressed
throu the contractual agreement for use of the property.
One issue that remains unresolved at this time is the sealing and/or
protecting the bricks. This will require some additional research
and discussion through Town Center.
RECOMMENDATION: If the City Commission would like to grant the requests from
Ragtime,then the following recommendations are suggested:
1. Authorize the City Attorney to draft a contract for
Ragtime's use of the City Property;
2. Establish a User fee for the use of the property;
3. Review and take action on the Use-by-Exception
request from the Community Development Board;
and
4. Authorize the City Attorney to modify the existing
ordinance to allow the alcohol consumption
requested.
ATTACHMENT: Community Development Board agenda and draft minutes
Application for Use-by-Exception
Letter and diagram from Ragtime
Non-exclusive Parking Licensing Agreement
City of Chattanooga Information
4/
REVIEWED BY CITY MANAGER:
6"
AGENDA ITEM NUMBER:
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
July 20, 199.:
7:00 P.M.
1.Call to Order
2. Approval of Minutes of Meeting on June 15, 1999
3. Recognition of Visitors
4. OLD BUSINESS
a. Application for Use-by-Exception filed by Assad Halleak to operate a retail
tile and stone business at property owned by Bobby and Pauline Boeneke known as Part
of the Castro Y. Ferrer Grant, Section 38, Township 2 south, Range 29 East and located
on Atlantic Boulevard;
b. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
111
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard;
5.DISCUSSION
a. Traffic Patterns in Old Atlantic Beach.
b. Continued Review of Zoning Ordinance.
6. ADJOURNMENT
If any person decides to appeal any decision made by the Community Development Board -
at the above meeting, he will need a record of the proceedings, and for such purpose,•may
need to ensure that a verbatim record of the proceedings be made, which record shall
include the testimony and evidence upon which appeal is to be based.
t
0 . • . MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
July 20, 1999
7:00 P.M.
CITY HALL
PRESENT D.on Wolfson .
Robert Frohwein
X
e• .
Sharette Simpkins 1-' 3
4'-,
Mary Walker e
Pat Pillmore pz
Dezmond Waters 4.
AND George Worley, Il, CD Director
Pat Harris
ABSENT Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of June 15, 1999. On motion made and seconded the minutes
were approved.
1.Application for Use-by-Exception filled by Assad Halleak to operate a retail
tile and stone business at property owned by Bobby and Pauline Boeneke known as Part
of Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East and located on
Atlantic.Boulevard.
Mr. Halleak introduced himself and explained that pursuant to concerns of the board
at the last meeting, he has submitted a revised -site plan indicating parking spaces,
setbacks, outside storage and an on-site truck turn around at the location. He stated that
the tractor-trailer trucks delivering materials would be able to enter into the driveway along
the western edge of the property and back into the warehouse portion of the building.
After discussion; Mr. Frohwein moved to recommend approval of the Use=by-
Exception subject to outside storage being used only for raw materials and not discarded
materials, that tractor-trailer trucks only turn around within the property boundaries, and
that the exception be granted to the applicant only, for this location only. Mrs. Pillmore
seconded the motion.and it passed unanimously
10 II. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime. —=
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard __
Tom Morton introduced himself and stated that at the last meeting the board was
concerned with some legal issues that needed to be addressed before making a --
recommendation.
Rona Brinley, owner of Book Mark, introduced herself and reiterated her concerns
regarding the utilization of parking spaces'located in front of her business. • • .
The Chairman expressed concern with the proposed door opening and railings. He
stated that his observation revealed potential problems and felt it would be unwise to
recommend approval of the use-by-exception as opposed to drafting an ordinance
regarding sidewalk cafes.
Mr.Waters suggested that the applicant pursue the acquisition of adjacent property
for the purposes of additional parking.
Responding to questions from the board, Mr. Worley stated that Section 24-161
states that any deviation of parking requirements is to be handled as a use-by-exception.
After discussion, the Chairman moved that the board recommend denial of the use-
by-exception and Mrs. Walker seconded the motion.
Mr. Waters stated he did not favor sending a negative review to the City
Commission since conditions could be placed on the use such as parking and wider
walkways as well as putting an ordinance in place to deal with the concept which Atlantic
Beach is ideally suited for.
Mrs. Walker stated that she felt the street should be closed to traffic before granting
a use-by-exception. She stated that it would penalize the pedestrians. She suggested to
the applicant the idea of rooftop dining.
Mr. Morton stated that when they presented this idea they assumed there would be
issues to be addressed and felt confident they could make a valid attempt to come up with
solutions.
The Chairman suggested moving toward an ordinance allowing outside seating for
special events with closed streets.
Mr. Frohwein stated he wanted the board to send a favorable message to the City
Commission and submit to them a proposed ordinance regarding outside dining. He
expressed concern with.the proper procedure to follow in this regard.
Mr. Worley stated that there should be an ordinance or formal agreement to allow
the use of public property similar to the Town Center Project. He stated that the
agreement would follow the granting of a use-by-exception.
and ___.
Mrs. Pillmore stated she would like to see -a positive recommendation
suggested the Chairman withdraw the motion and start over.
40 Mrs Walker concurred with a presenting a positive recommendation to the City
cannot be overcome untilCommissionbutstatedthattherearesomebarriersthat
someone builds the sidewalk out or the street is closed to traffic.
The Chairman stated he would be willing to stipulate concerns that the board has
and relate to the City Commission that they like the.idea as a practical matter but :
recommends denial of the request but at the same time to encourage proceeding with an
ordinance.
The Chairman withdrew his motion with the preface that he likes the idea of cafe-
style sidewalk seating which would be compatible with the ambience of this particular
location but has concerns with the way the use-by-exception is designed and because of
certain constraints on this location. He moved that the application for use-by-exception
to the parking requirements at Ragtime Restaurant to allow cafe-style seating at the corner
of Atlantic Boulevard and Ocean Boulevard without providing additional parking spaces be
denied. Furthermore, his concerns raised by the neighboring business, specifically, Book
Mark, the design of the proposal regarding the hazards of limiting accessibility by
pedestrian and vehicular traffic, and the use of City property. Mrs. Walker seconded the
motion.
Mr. Waters stated that there is no private property in front of Ragtime and the City
ii. needs to leave unimpeded the bricks with citizens names located on the sidewalk.
Mr. Jensen stated that the last thing needed is another ordinance on the books. He.
stated that the City does agreements with various entities for use of public property, city
rights-of-way, to-wit: gas companies, telephone companies and JEA. He stated that the
applicant is seeking a very limited, isolated instance. He stated that the resolution which
is basically an agreement between the city and the applicant. He stated that the matter on
the agenda for this meeting is strictly a use-by-exception for parking and additional tables.
He stated the applicant would have to go to the City Commission any way to seek
permission to use publicly owned property which would be accomplished by agreement or
resolution.
After discussion, Mr. Wolfson withdrew his motion and made a new motion to
recommendto'the City Commission that the use-by-exception to the parking requirements
for Ragtime Restaurant to allow cafe-style seating at the corner of Atlantic Boulevard and
Ocean Boulevard without providing additional parking spaces be denied and Mrs. Walker
seconded the motion. -
Mrs. Pillmore stated that she would like the information regarding possible planning
and coordinating with Town Center attached to the recommendation to the City
Commission.
Mr. Waters voiced his objection with the way the recommendation ended up this_______-_`-
evening because the applicant would not be able to present the motion again for a period
40 of one year.
Responding to a question raised by Mr. Frohwein, Mr. Worley stated thafthe owner
could place 32 seats and some tables outside on his property and serve lunch and dinner
without the use-by-exception.
Mr. Frohwein stated he opposed the motion as made.
Mr. Jensen stated that he thought it advisable for the City Commission to consider
the use-by-exception and resolution or agreement at the same time.
The applicant expressed his concern that the City Commission would not hear the
positive suggestions made at this meeting. He stated he would feel more comfortable
having a positive recommendation from this board an not just a recommendation for denial
of the requested use-by-exception.
Mr.Waters stated that he did not understand why the applicant could not go straight
to the City Commission requesting an ordinance establishing the concept in the city.
On request from Mr. Frohwein the chairman polled the members and the result was
III
4-2 in favor of recommending denial of the use-be-exception with Mr. Frohwein and Mr.
Waters opposed.
The Chairman explained to the applicant that he could withdraw his application at
this meeting or at the City Commission meeting. He further explained that even with the
vote for denial the applicant can still work toward the resolution with the City and present
the whole concept at that meeting.
Mr. Waters questioned whether the board could grant an exception for parking for
one year only.
The Chairman read Section 24-63(6) which states that the City Commission may
as a condition to the granting.of an application for permit impose such conditions,
restrictions or limitations in the use of the premises or upon the use of the premises as
requested in the application as the City Commission may deem appropriate.
After discussion, Mrs. Pilimore moved to call the vote of the motion. Thereupon, the
board voted to pass the motion to recommend denial and the motion carried by a vote of
4 - 2 with Mr. Frohwein and Mr. Waters dissenting.
The Chairman requested each member complete their findings of fact.worksheets
and turn them in to the Recording Secretary.
DISCUSSION
a. Traffic Patterns in Old Atlantic Beach (o_ i ei -
Mr. Worley stated that the board was furnished copies of the straffic study by the
City which addressed traffic flow and parking and which was intended to address parking
problems. He 'stated that the study branched out to include traffic patterns and offered
some possible solutions including re-routing of traffic by creating one-way streets and
certain traffic calming techniques. As a result of a one-way street questions from a City
Commissioner last month, the City Manager has provided them a written response and a
copy of that response was also furnished to the board members. He stated he also had
color photographs from the traffic study if anyone needed to see them.
Mrs. Pillmore stated she felt that the study was not presented to the board from a
neutral position but that the report had been conducted without interaction to change. She
stated she would rather have seen the report suggest possible changes and solutions that
the City needs to work out. She stated she felt that there are solutions and they should be
tested, specifically, one-way streets.,
Mr. Frohwein suggested that slowing down the speed with regulatory signs might
divert traffic in a different direction to roads that have a higher speed limit such as East
Coast Drive and Ocean Boulevard. He requested feedback from staff and other board
members. He stated that this is the third time this board has discussed traffic flow and no
recommendations have been made.
Mr. Worley stated that he did not believe that a significant traffic reduction could be
achieved by reducing the speed limit. He stated that half of speeding complaints he has
heard involve Beach Avenue because there are so many pedestrians.
Mr. Wolfson requested staff submit the matter to the Public Safety Department for
recommendations and weighted solution.
Mrs. Walker stated she could not make a recommendation until she has seen the
numbers on the matter. •
Mrs. Pillmore stated that the angle parking at Adele Grage Community Center was
an excellent idea.
Mr. Wolfson suggested that Town Center designate angle parking between Ahern
and First Street and paint and stripe it accordingly.
After discussion regarding suggestions and solutions the consensus of the board
was to conduct a survey to ascertain various problems and possible solutions
Mr. Frohwein stated that the survey should address which areas want traffic.
calming
a. Continued Review of Zoning Ordinance
The board agreed to meet at 6:00 p.m.,August 17, 1999 to continue their discussion
of the zoning ordinance. _
Mr. Worley reported that the new zoning maps were.being prepared and would be
furnished to the board upon their receipt.
Mr. Worley stated he would prepare a draft letter to the City Commission
recommending a meeting of Neptune and Atlantic Beaches regarding •parking and
transportation to and from Town Center.
The Chairman reported that Mr. Grunthal has asked that he be replaced and asked
the members for any recommendations they may have.
The Chairman requested staff place on the agenda for the next meeting a
discussion of a special zoning district which addresses cafe style seating, parking etc.
The Chairman reported that due to a lack of communication with JTA ruled out
potential designs for the Mayport Flyover including a clover leaf design. He stated that the
City was not involved with any-meetings or discussions,
The Chairman also shared with the members an account of various meetings and
discussions with JTA and their proposals regarding mass transit, bus station location and
a trolley for Town Center, Mayport and-the Beaches.
There being no further business to come before the board the meeting was
adjourned.
SIGNED
ATTEST
1. I`_. Y "_-
0 TAVERN: SEAFOOD:
r`'\ .ir'`• tgri NT(DBEACH.I .1 I 4...
ELORIDA. I I II I I I I (,9 0 4I)12 4 1 -17 9 7 7
July 23, 1999
City Commission
City of'Atlantic Beach
Commissioners:
This is a request to allow temporary usage of a portion'of the sidewalk affronting Ragtime
Tavern, located at 207 Atlantic Blvd.,Atlantic.Beach-FL..*The reasons for this request are
as follows: .
To permit Ragtime to place tables and chairs in this area for the purpose of providing food
and beverage service to restaurant patrons. Please note: The location and exact
configuration of tables is flexible, and can be adjusted to address any concerns that may .
arise in the commissions' consideration of this request. Those concerns may include,but.
are not limited to: (1)providing safe and adequate public access over the existing'
sidewalk, (2)minimizing any negative impact on neighboring businesses, (3) limiting hours
of operation for the use of this area, (4) considering design elements that compliment and
enhance the existing Town Center redevelopement project,(i.e.: umbrella colors,plant and
railing dividers to define usable area, etc.). "
In making this request, it is agreed:
1. To defend, indemnify, and hold harmless the City of Atlantic Beach;its officers, agefits,
and employees from any and all claims for damages for injuries to persons or property .
related to or arising out of the temporary use. • .
2. To vacate the property and temporary use upon reasonable notice from the City to do
so.
3. To address and incorporate any restrictions or requirements requested by the City•- - •
Commission prior to occupying the designated area.
We would like to request that this matter be considered in conjunction with the • . • .
Commissions review of our application for a"Use,by Exception"to the parking' -
requirements,that was heard before the-Community Developernent Board on July
20,1999.-`We additionally would like to-request that both of these-matters be scheduled on ,-_.._ ._._....:.--.-- ,.1(
your agenda no earlier than the August 23,1999.City Commission Meeting
s .
1
piLe address any correspondence to:-" .
Ragtime Tavern '
207 Atlantic Blvd:
Atlantic Beach •FL 32233--
Sincerely,
Bill Morton
f.
7 :
Tom Moon
For Ragtime Tavern and Big River Breweries, Inc.
f .
JV•. ”--'"'" - N.u4 . -
Phase Type or Print in Ink Application_"ee 1100.00
APPLICATION FOR "USE BY EXCEPTION" i . lit- 1
Date Filed; b 0129 JUN t 1979
yCit of AtlanticNameendAddreuaofOwnerorTenantinPossessi•on of Premises: BLiiIdln< and -7
r,frjgEt&R.tu6e_ gP )E9-(Es, Plc- / lc Ie}'16 1:Akk er) or,jn
1 Phone
207 ATL-A1 a IL LVD
Work: 'Zig -7g'77
All- 4fK 1 AC e4 t L 12233
Home: 333 -74)13PcRf : ;t)II MbrLTD 1,1[1:34-t 4
Street addreem and legal description Of the premises as to which the "UsebyException` iu requested:
707 }-T to}\IT lc tR I-V A• _1AT LA VT(C. 1 Ad1 t'i.. 3'2.3;33LE6Ai. •. 1c, - 2s-29 E vSD3
f - 2S -29E A1LAPT(L {6 .4-r T6?-2-4Sic. PT (-e LcTf's 1=4
A description of the "Use by Exception" desired, which shall epecificellyandparticularlydenoribethetype, character and extent of the proposedUeebyException•:
V,_ h. eKe 2f rayl, es re ies-(e it) a11ow c4-ft S-ryl-e.• Sid-e ucd
ea{-vi0, -Fronftn fahit(c (Ivd.aha. side (k n F of
J
w ro o{ f fav wvte Tauern
Rhe ei li-I- s:dewu (fL -fztb2 rro r i wa acc ads 3 'Q Q add o f long I ,eafs•
AYurIrar.Q_i [9,'% _.Pkrk_v13 }e u_tre.r, s fk.e add,-fIc QQ s t
is a(S0 (ez6LuLied.
Specific reaeone why the applicant feels the request should be granted:
Oki'
ctoor re-SiztUL ro f P.iti ng.„ will R_ d.eS(i c - a_dct ri't civ
fa 1V aW1 b«02 cr-F owr
viewfi_ Sired sc c e t,e,h e •fit
axeci •
Zoning Classifioution:Cl/
011kiult k flit--2----
PI 411Signatureofapplicant/appiioant'a Signa urof o!
nerrI.
of the property.authorized agent or attorney. If Applioati.. a nnot . be proceedagentorattorney, ino1ude letter without ornern signature.from applicant to that effect. -
4
hppiiaent: Do not'fill-in beyond thin point. However: ha orrreiarBd...t , -------4 a.-. aa.— -lit 1—__i_ .._
FxttaxHas OF FACT
1. Ingrates!' and agrees to property s+nd pzaporsia--structureie adequate. Ptertidular reference is
YES K0
wads to automotive and pedaatrien safety andconvenience, traffic floc and control and accessincastsofcnteatropha,
f
2. Off-atrvtst parking and loading ix adequate.Particular attention ie paid to the items! in 1.bove end the economic, naive, glean and odorofiectmoftheapeoiwlexceptiononadjoiningpropertienfindpropertiesgenerallyinthedistrict)t
3. Locations of refuee and service areas arecompatiblewithsurroundingpoertiesandorsweenyacaeeesible.
4. Locations, availability and coapntibility ofutilitiesareadequate,
5. Type, dimenmione and char-eater of screeningandbufferingareadequate.
b. Signa and proposed exterior lighting, withrefornncetoglareandtrafficsafety, are inharmonyandarecompatiblewithotherpropertiesinthiidistrict.
7. Required yarde and other open apeaem areadequate.
8. The tame iv generally compatible with adJmoent
properties and other property in the district.
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMEUDATIONSt
S ACTIoNs BY THE CITY CO fMISBT01(t
r
r
4 -40_TAVERN.SEAFOOD •
GRIti.
20tATLA O LVD
I ATIANTIGBEAGH
FLORIDA I I I 19 0 4) 214 1 -7:7 T32233
April 22, 1999
Mr.David Thompson
City Manager
City of Atlantic Beach
Dear Chief Thompson:
Thank you for taking the time to research and discuss our idea of adding sidewalk café style
seating at Ragtime. At this time I am requesting consideration of this idea by the City of
Atlantic Beach. Sidewalk cafes are a desirable and integral component of the ambiance of
cities large and small all over the world. I have enclosed some materials,which illustrate a
similar situation worked out by Big River Breweries and the City of Chattanooga,Tennessee.
As you may know.Big River is the parent colni} to Ragtime Tavern since January 1998.
To my mind the key to this arrangement is the granting of temporary and provisional use of
the sidewalk to Big River by the City. This allows the city to terminate the permission at any
time with reasonable notice. Furthermore,the sidewalk seating and service areas are
implemented without any permanent fixtures.
As we discussed the addition of sidewalk seatiiig would be an enhancement to the Town
Center area. For more tia,i fifteen years Ragtime has been instrumental in enhancing bath the
quality of life and environment in our community,and we feel this project would be an
appropriate addition in those areas. After reviewing this information please contact me at.
Your convenience so we may determine how to take the next step. Thanks again for your
consideration on this matter.
Sincerely.
Tom Morton
For Ragtime Tavern and Big River Breweries,Inc.
t
il: i
I••
Ir.' :ii 1
1
Ragtime Tavern • I
I •
EXISTING COVERED SIDE WALK
1
EXISTING BRICK PAVERS I
1.6)Y
i.:-- •----.3 .....
0.
000000,
00 (?
ef000g:),,e'
4:‘, I .
i. —
I
I , a TABLES WITH CANVAS UMBRELLAS
I.'i i','•. .'. I. .:.' .', • i
I . # •
i! ! ....., ••.;. •
t,:t
j' 4 PARKING SPACES(EXISTING)
1
IRKING(EXISTING)
11
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11;
1i1••..;.;'•
RAGTIME TAVERN I
I l I:',
l l ! 1• t' I,t •I, If'1
NON-EXCLUSIVE PARKING LICENSING AGREEMENT
THIS LICENSING AGREEMENT effective this day of August, 1999, between
Frank R. Keasler,Jr., as Trustee to the NBH Land Trust, a Florida Trust Entity organized under
Chapter 689.071, Florida Statutes,u/a/d July 11, 1997("Licensor"),with full power and authority
to protect, conserve, sell, lease, encumber or otherwise manage and dispose of the real property
described as on Exhibit "A" attached hereto, and whose address is do Henderson Keasler Law
Firm, 4337 Pablo Oaks Court, Suite 102, Jacksonville,Florida 32224, and Big River Breweries,
Inc. ("Licensee"), a Florida corporation whose address is 100 E. 10th St., Chattanooga,TN 37402.
In receipt of Ten Dollars($10.00)and other good and valuable consideration Licensor hereby
grants to Licensee and Licensee's employees a nonperpetual,non-exclusive and as-available access
to fifteen(15) of the fifty-two (52)parking spaces, as designated from time to time during the Term
of this Agreement by Licensor, in the parking lot on a certain tract of land owned by Licensor as
described more particularly as Exhibit "A"attached hereto and by this reference incorporated herein.
During special events and holidays, any person parking on Licensor's property pursuant to this
Agreement may be subject to all parking charges, if any,assessed by Licensor. Licensee's use under
this Agreement shall be exclusively for the Licensee's employees. The license granted herein
permits the limited and qualified use of such designated fifteen(15)parking spaces during the Term
of this Agreement or until Licensor gives notice to Licensee terminating this Agreement.
The licensed permissible use of the property described in Exhibit A is given to Licensee for
a period of one (1) year (the "Term"). Such term shall renew automatically unless Licensor or
Licensee gives thirty(30) days' notice of nonrenewal. Notwithstanding such Term this Agreement
is revocable at any time by Licensor with thirty (30) days prior written notice. Licensee
acknowledges the legal title of Licensor to the property described on Exhibit"A" and agrees never
to deny such title or to claim any right,title or interest therein or thereto,excepting such limited and
non-exclusive rights under this Agreement. Licensee will exercise the privilege granted herein at
Licensee's own risk and agrees Licensee will never claim any damages against Licensor for any
injuries or damages suffered on account of the exercise of such privilege,regardless of the fault or
negligence of the Licensor. Licensee will indemnify and hold Licensor harmless from and against
all liability for damages and expenses resulting from, arising out of or in any way connected with,
the exercise of the privilege by Licensee or by Licensee's permitted employees entering in or parking
on Licensor's property. Licensee, within fifteen (15) days of Licensor's date of request to such
effect, shall provide Licensor with a copy of Licensee's general liability insurance and therein
confirm Licensor has been named as an additional insured on Licensee's applicable liability policy.
This License is assignable only with the specific written consent of Licensor and neither this
Agreement nor any memorandum thereof shall be recorded by either party.
if Licensee or any permitted employee fails to perform any of the obligations or duties
required under this Agreement or otherwise are in default or breach hereof, or if a dispute arisesq
between the parties or an employee, concerning the performance,meaning or interpretation of any
provision of this Agreement,then the defaulting party or the party'not prevailing in such dispute,
disagreement or action,as the case may be,shall pay any and all costs and expenses incurred by the
other party in enforcing or establishing the applicable rights or duties hereunder, including,without
limitation, attorneys'and paralegal fees. The obligation to pay for such costs and expenses shall be
binding regardless of whether incurred before, during or after arbitration, whether suit is brought,
and regardless of whether incurred before;during or after any notice of claim, arbitration,mediation, •
trial, appellate or Bankruptcy proceedings. Any dispute arising under or related to this Agreement
shall be resolved exclusively by arbitration, which shall be held in Jacksonville, Duval County,
Florida. Such arbitration shall be conducted in accordance with the rules of the Florida Arbitration
Code, and as allowed by law,judgement upon the award rendered shall be final and non-appealable
and may be entered in and enforced by any court having competent jurisdiction.
IN'WITNESS'WHEREOF,the parties executed this Agreement the day and year set forth
respectively below.
L ENSOR
0
it/ss as t Licensor NBH Land Trust
By: Frank R. Keasler, Jr.
o-Py
Its: Trgs
eeiGtCOV4
Witness as
Date:
to Licensor
LICENSEE
Witness as to Licensee Big River Breweries,Inc.
By: Thomas K. Morton
Its: Manager
Date:
Witness as to Licensee ,
4110 G AK333 3\12\LICENS E\PKGLIC.RAG
2
0A.No
City of ChattanoogaSEALy
4:PI , C
May 20, 1998
Mr. John A. Leonard
Big River Breweries, Inc.
100 East 10th Street, Suite 600
Chattanooga,Tennessee 37402
Re: Request for Temporary Usage
Dear Mr. Leonard:
110The City Council has approved your request for temporary usage of the sidewalk at 222
Broad Street for placing a few tables and chairs thereon without causing inconvenience to
sidewalk pedestrians, subject to certain conditions.
Enclosed is a copy of Resolution No. 21789 for your records. Please note the conditions
to this usage that are contained in the Resolution. Also enclosed is a copy of the
Indemnification Agreement.
If we may be of further service, please let us know.
Sincerely,
D. Wilkinson, I r.,P.E.
City Engineer
JDW:ch
Enclosures 2
Department of Public Works ._.
Suite 210.City Hall 37402 • (423) 757-5110
1 .
11111 N0.21789RESOLUTION
A RESOLUTION AUTHORIZING BIG RIVER BREWERIES,
INC. TO USE TEMPORARILY THE SIDEWALK AT 222
BROAD STREET FOR PLACING A FEW TABLES AND
CHAIRS THEREON WITHOUT CAUSINGSUBJECT
INCONVENIENCEO
OENIENCEAIO
SIDEWALK PEDESTRIANS,
CONDITIONS .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CHATTANOOGA, TENNESSEE, that Big River Breweries, Inc .
hereinafter referred. to as, "Temporary User" ) be and is hereby
permitted to use temporarily the sidewalk at 222 Broad Street for
placing a few tables and chairs thereon without causing
inconvenience to sidewalk pedestrians;
t said temporary usage shall
BE IT FURTHER RESOLVED, that
be subject to the following conditions :
1 . Temporary User shall execute the
Indemnification
Agreement attached hereto in favor of the City of Chattanooga,
its
officers, agents and employees for any and all claims for damages
for injuries to persons or property related to or arising out of
the temporary usage .
2 . Temporary User agrees to vacate the property
and
temporary use upon. reasonable notice from the City to do so.
3 . Temporary User shall provide
adequate
access for
maintenance of any
utilities located within the easement .
1111
4 . Temporary User shall have obtained approval of the
City Engineer and City..Traffic Engineerprior to the commencement
of construction.
ADOPTED: May 12 , 1998
cjc
2
1110
INDEMNIFICATION AGREEMENT
This Indemnification Agreement . is entered into by and
between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
City" ) , and BIG RIVER BREWERIES, INC. (hereinafter "Temporary
User" ) , this 19th day of May 1998 .
For and in consideration of the granting of . the
temporary use of the sidewalk at 222 Broad Street for placing a
few tables and chairs thereon without causing inconvenience to
sidewalk pedestrians, and for other good and valuable
consideration, the receipt of which is hereby acknowledged,
Temporary User agrees as follows :
4110 1 . Temporary User will defend, indemnify, and hold .
harmless the City of Chattanooga, Tennessee, its officers, agents
and employees from any and all claims for damages for injuries to
persons or property related to or arising out of the afore-
mentioned temporary use, subject to the terms and limitations of
the Tennessee Claims Commission Act, T.C.A. §§ 9-8-301, et seq.
2 . Temporary User will vacate the property and
temporary use upon reasonable notice from the City to do so;. the
parties hereto agree that "reasonable notice" shall be deemed to
be thirty (30) days . Temporary User will restore the property to
its original condition when it is returned to the City.
411i
3 -
3 . Temporary User will provide adequate access for
maintenance ofany utilities located within the easement . . .
BIG RIVER BREWERIES, INC.
BY: N
J
3 . AiK
Datil /
CITY OF CHATTANOOGA,
TENNESSEE
BY: lsi(
J' I Y, May.
iiallir
Date
4 -
Op h RECD SEP 9 1999
299 Atlantic Boulevard
Atlantic Beach, FL 32233
904/241-9026
7 September 1999
Mr. Tom Morton
Ragtime Tavern
207 Atlantic Blvd.
Atlantic Beach, FL 32233
Dear Tom:
Following the commissioners ' meeting last month, I thought I should
recap what I said about Ragtime ' s interest in providing outdoor seating.
This is basically a summary of our conversation of Wednesday,
28 July. As I reiterated during that meeting, I am leary about possible
impacts of this proposal, but I am also interested in being a good neighbor
and exploring mutually acceptable options .
The issues and agreements are summarized below:
1 . Parking: If adding 32 outside seats is succcessful, there should• be
more people looking for places to park. You stated that you cannot make
additional parking. However, we agreed there are ways to alleviate the
current stress . (a) Post a sign for the spaces west of the Tap Room
Parking for The Book Mark, Bio-Max, and Stuart Ashby" . I realize this is
public parking, but if the City will allow Ragtime to use the public
sidewalk for commercial purposes, surely they will agree to this arrangement
to protect the other businesses . (b) Clear spaces in the lot behind the
businesses by having Ragtime employees park elsewhere. The agreement with
the Sea Horse clearly addresses this concern.
2 . Access : This is in fact my main concern. It is critical that
customers feel comfortable walking down the sidewalk past Ragtime to get to
The Book Mark. In this regard, we agreed: (a) No tables will be placed west
of the Tap Room. (b) Railings will be placed not only on the street side of
the tables, but on the sidewalk side as well . This will define the walkway.
There will be one opening opposite the middle door for service to these
tables . (c) No tables will be located adjacent to the building/under the
awning.
3 . Clean-up: Sincethis arrangement has the potential to generate more
trash, Ragtime will be responsible for keeping the sidewalk clean.
4 . Permit : During previous meetings, the possibility of a test period410of:.12 .monthswas. discussed. _This is too long; if there is a negative
impact, the situation needs to be rectified before 12. months. I suggest a
three month trial period, during the summer (specifically not during the
Christmas season) . As we discussed, The Book Mark and Ragtime will meet
monthly to. assess the effects. While I hope to be able to say the outdoor ___:_
seating is an asset or at leastvr,4c.,,, t,pr-gRo-A_e d,4f I do experience a: drop `in. :.
business, Ragtime agrees to remove the tables immediately.
As we discussed, we are all in this together. The success of Town
IIIter depends on cooperation and commitment . I appreciate your willingness
work with The Book Mark on this new adventure.
I will not be able to attend the 13 September city commissioners '
meeting. The mystery writer Lawrence Block will be at the store that night
for a reading/signing. Please keep me informed.
Sincerely,
Rona S . Brinlee, Owner
t/
T
cf : Suzanne Shaughnessy
Mayor, Atlantic Beach
lh
ATTACHMENT C
SEPTEMBER 27, 1999 COMMISSION MEETING
q."
V F. F.- .-fin„-n.,,
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R •A .. - Environmental Protection
Northeast District
Lawton Chiles
7825 Baymeadows Way, Suite B200 Virginia B. Wetherell
Governor
Jacksonville, Florida 32256-7590 Secretary
October 1, 1997
Mr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233-4381
Dear Mr. Kosoy:
This will confirm my discussion with you on October 1, 1997. It is the intent of the City of
Atlantic Beach Consent Order, OGC No. 95-2971, to prevent storm water from entering into the
sanitary sewer system and surcharging the sewer lines causing overflows. The means of
prevention include: eliminating cross connections between sanitary server and storm water piping,
repairing damaged sewer lines and repairing sewer manholes to correct inflow and infiltration.
These and other corrective actions are referenced in the Consent Order.
If you have any questions or need any additional information please call.
Sincerely,
1111111 0,
fry M. 0 ven, P.E.
Water Facilities Administrator
1111
JMO:TF
Protect, Conserve and Manage Florida's Environment and Natural Resources"
4//
Master lift station at the Buccaneer Facility. The improvements
shall include upgrading the lift stations with new piping and pumps.
These improvements shall also include manifolding all lift stations
into one master wet well where odor can be effectively controlled at
one location and should enable the system to continue to operate in
full compliance with Department Rules. The application shall
include studies and assessments concerning all physical improvements
which are needed in the master lift station to enable the same to
operate in full compliance with the Department's rules.
16. Respondent shall, no later than July 31, 1997, begin
implementation of the Stormwater Master Plan which provides a plan
for reducing the identified adverse impacts including eliminating
any and all cross connections between sanitary sewer and stormwater
piping.
17 . Respondent agrees to pay the Department stipulated
penalties in the amount of $50. 00 per violation per day for each and
every day Respondent fails to timely comply with any of the
requirements of paragraphs 7 through 16 of this Consent Agreement.
A separate stipulated penalty shall be assessed for each violation
of this Consent Agreement. Within 30 days of written demand from
the Department, Respondent shall make payment of the appropriate
stipulated penalties to "The Department of Environmental Protection"
by cashier's check or money order and shall include thereon the OGC
number assigned to this Consent Agreement and the notation
Pollution Recovery Fund - stipulated penalty" . Payment shall be
sent to the Department of Environmental Protection, Northeast
District 7825 Baymeadows Way Suite 200 B, Jacksonville, Florida
110 6-
AGENDA ITEM NO: 240
COMMISSION MEETING DAl'E: q-z 7 99
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Recommendation of Award for 1999 Stormwater System Improvements
City Bid Project No. 9899-25
SUBMITTED BY: Robert S. Kosoy, P.E., Director of Public Works Zy
DATE: September 21, 1999
BACKGROUND: This project is to construct drainage improvements and provide Best Management
Practices (BMPs) at various locations throughout the City. The overall project includes drainage
improvements on Pine Street, Seminole Road, Palm Avenue, Donner Road,Aquatic Drive, and the Public
Works Yard. Construction of at least the base bid items will allow us to "no later than November 15, 1999,
begin implementation of the Stormwater Master Plan," as required by Paragraph 16 of the Consent Order
OGC 95-2971.
Bid invitations were sent to nineteen contractors. Four contractors submitted prequalification packages or
letters, and two were prequalified. Several contractors, including one that submitted a prequalification
package and later withdrew, stated they would like to bid on the project but were too busy. Bids were
received by the Awards Committee on September 8, 1999 from the following companies:
111 Bidder Base Bid Add. Alt. 1 Add. Alt. 2 Add. Alt. 3 Total
Callaway Contracting 332,772.90 66,819.26 9,187.20 $40,087.94 $448,867.30
Petticoat Contracting 315,878.42 58,413.30 10,395.00 $37,873.00 $422,599.72
Staff performed a bid analysis and all figures were verified. All bidders submitted the required documents
with the bid packages, including a 5%Bid Bond. Monies totaling $279,000 were budgeted for this project in
the Stormwater Utility Fund account number 470-0000-538-6300, and an additional $71,000 is available in
various accounts in the Streets Division Fund and Stormwater Operating Fund, for a total of$350,000.
Per specifications, the contract is to be awarded on the basis of the lowest Total Base Bid and any selected
Additive Alternate Bid Items.
RECOMMENDATION: Approve the low base bid of Petticoat Contracting, Inc. in the amount of
315,878.42, plus Additive Alternate 2 in the amount of$10,395.00 for a total of$326,273.42, as funding is
available for these items. In addition, authorize the City Clerk to send notification of award to the low
bidder, and authorize the City Manager to sign the construction contract. It is further recommended that
funding from reserves in the amount of$72,600 be appropriated for Additive Alternates 1 and 3, for
58,413.30 and $37,873.00 respectively, as these items have been designed in response to numerous citizen
requests. Funding from reserves is included in Budget Resolution No. 99-26,which is also on the
Commission agenda for approval.
ATTACHMENTS: 1. Copy of the bid tabulation sheet.
2. Copy of the bid analysis.
3. Description of Base Bid and Additive Alternates 1, 2, and 3
4. Drawing showing Base Bid and Additive Alternate locations.
111 5. Bid specifications and drawings on file with City Clerk.
6. Other bid documents on file with Ci lerk.
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
1999 STORMWATER SYSTEM IMPROVEMENTS
CITY BID NO. 9899-25
DESCRIPTION OF BASE BID AND ALTERNATES
Base Bid Additive Alternate 1 Additive Alternate 2 Additive Alternate 3
Drainage improvements at the Improvements on Pine Street All Concrete Sidewalk work Aquatic Drive Culvert
following locations: 1) Pine from David Street to North of on Donner Road from Francis Improvements and tide gate.
Street from Sturdivant Avenue Seaspray Avenue. (Not Avenue to Sandpiper Lane.
to David Street; 2) Seminole originally budgeted) This work continues the
Road from Seaspray Avenue to sidewalk constructed with
Palm Avenue and Palm Avenue CDBG funding. (Not
to Magnolia Street; 3)Donner originally budgeted)
Road from Richardson Lane to
Sandpiper Lane; 4) Public
Works Yard (including
mitigation BMPs)
I
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1999 STORMWATER SYSTEM
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CITY OF ATLANTIC BEACH
COMMISSION MEETING- September 27, 1999
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of September 13, 1999.
2.Courtesy of Floor to Visitors:
3.Unfinished Business from Previous Meeting
A. Action on a request of Ragtime Tavern for permission to use a portion of the sidewalk
at 207 Atlantic Boulevard for café style seating (City Manager)
i) Authorize the City Attorney to draft a contract for Ragtime's use of the City
property;
ii) Establish a user fee for the use of the property
iii) Review and take action on the request for a Use-by-Exception to waive the
parking requirements for 32 additional restaurant seats
iv) Authorize the City Attorney to modify the existing ordinance to allow the
alcohol consumption requested
110 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 TIE
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 and Recreation Departments (City Manager)
B. Approve the purchase of a concrete grinder from SASE Company, Inc., at a cost of
6,638.91, pursuant to the specifications of Bid No. 9899-31 (City Manager)
C. Acknowledge receipt of Annual Stormwater Report to United States Environmental
Protection Agency for Year 2 (City Manager)
D. Award contract for the base bid and Additive Alternate No. 2 in the total amount of
326,273.42 for Stormwater System Improvements pursuant to the specifications of
Bid No. 9899-25; Also, approve appropriation of funds from reserves in the amount
of$72,600 for Additive Alternates 1 and 3,as recommended by staff(City Manager)
5.Committee Reports:
09/09/1999 11:33 904-249-3044 mminimmEmminn 1.111111.1.11.....111
ATTACHMENT D
SEPTEMBER 27, 1999 COMMISSION MEETING
M E M Q R A N D U M
To: Maureen King, City Clerkjand City Manager David E. Thompson
From: Suzanne Shaughness0"
Subject: Balanced Budget resolution: Request for agenda Item
Date: September 9, 1999
It was brought to our detention that requests for recurring or ongoing expenditures in the operations
budget might exceed the on-going monies currently available in the proposed budget.
In the event that the final budget also contains this condition, 1 would like to ask that the City Manager
and the Finance Director work together to adjust the budget so that sufficient on-going monies can be
identified to cover all recurring expenditures. This may be accomplished by resolution, or by
concurrence of the Commissioners that direction be given to provide for balancing these items.
The intent of this balanced budget request is to avoid spending one-time monies on on-going items
which would not be assured of funding for more than a single year.
Thank you.
AI•
ATTACHMENT E
SEPTEMBER 27, 1999 COMMISSION MEETINC-
i
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Attorney General Opinion on Sewer Connections
DATE: September 9, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: The attached letter was received relative to the questions proposed
to the Attorney General's office relative to the enforcement of the
mandatory sewer connections under state law.
Staff defers to the City Attorney and the City Commission relative
to the interpretation of the opinion. However, it appears that the
City is not directed by State Law to enforce the provisions of the
statute. This provides room for the City Commission to make a
policy decision relative to the enforcement of the statute.
While considering the interpretation of the state law, the City
Commission may also wish to consider taking further action
relative to billing for sewer services 90 days after notification. The
City Commission deferred the issue until an Attorney General's
Opinion was received.
RECOMMENDATION: To make policy decision as to whether or not the City Commission
wants staff to enforce the provisions of the state statute requiring
connections to the sewer system.
Additionally, to review the City Code on this matter to determine
whether or not the City Commission wishes to make changes in the
code relative to required connections.
ATTACHMENT: Letter and opinion from the Attorney General
City of Atlantic Beach Code relative to mandatory sewer
connections
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
ALAN JENSEN ATTY 373 P01 AUG 31 ' 99 14: 10
ALAN C.JENSEN
Attorney at Law
935 North Third Street
Past Office Bar 50457
Jacksonville Beach,Florida 32240-04,57
Telephone(904)246-2500 Facsimile(904)246-9960
MEMORANDUM
DATE: August 31, 1999 VIA FAX
TO:David E. Thompson, City Manager
City of Atlantic Beach
FROM: Alan C.Jensen, Esq., City Attorney
RE:Sewer Hookups
I received today an opinion from the Office of the Attorney General pursuant and a copy is faxed
herewith. I believe the opinion is self-explanatory, is in accord with the my opinion, but please call
if you have any questions regarding it.
I would appreciate you distributing copies of the opinion to the mayor, commissioners, city clerk,
and anyone else you deem appropriate. Thank you.
ACT/sky
4110
HLHN JENSEN ATTY 373 P02 AUG 31 ' 99 14: 10
OFFICE OF THE ATTORNEY GENERAL
tI
t t ''
DEPARTMENT OF LEGAL AFFAIRS
kr>
4 .t..w.. c'
oTHE CAPITOL
ROBERT A.BUTTERWORTH TALLAHASSEE,FLORIDA 32399-1050
Attorney General
Stale ofFlorida
August 27, 1999
Mr. Alan C. Jensen
Atlantic Beach City Attorney
Post Office Box 54057
Jacksonville, Florida 32240-0457
Dear Mr. Jensen:
You have asked for assistance regarding the enforcement of
homeowner hookup to a city-owned sewerage system pursuanttosection381 . 00655, Florida Statutes. Attorney General
Butterworth has asked me to respond to your letter.
Initially, I must reiterate that this office is authorized bystatutetoissueopinionsonquestionsofstatelaw. Local
ordinances such as the one adopted by the City of Atlantic Beach
and matters of factual dispute such as promises made by local
officials to homeowners are not within the scope of AttorneyGeneralOpinions .1
Section 381 . 00655, Florida Statutes, provides for connection
to central sewerage systems by property owners who currentlyhaveonsitesewagetreatmentanddisposalsystems . An onsite
sewage treatment system includes such things as septic systems.Pursuant to the statute:
The owner of a properly functioning onsite sewage
treatment and disposal system . . . must connect the
system or the building' s plumbing to an available
publicly owned or investor-owned sewerage system within
365 days after written notification by the owner of the
publicly owned or investor-owned sewerage system that
the system is available for connection. The publicly
owned or investor-owned sewerage system must notify the
owner of the onsite sewage treatment and disposal
system of the availability of the central sewerage
system. No less than 1 year prior to the date the
sewerage system will become available, the publicly
owned or investor-owned sewerage system shall notify
Ill AtECE11fEfl AUG 31 '.:a
AN AFFIRMATIVE ACTION/EOUAL OPPORTUNITY EMPLOYER
ALAN JENSEN ATTY 373 PO3 AUG 31 ' 99 14: 11
Mr. Alan C. Jensen
Page Two
the affected owner of the onsite sewage treatment and
disposal system of the anticipated availability of the
sewerage system and shall also notify the owner that
the owner will be required to connect to the sewerage
system within 1 year of the actual availability. . . .
2
The statute also provides that the owner of an onsite sewage
treatment and disposal system that must be repaired in order to
function properly must connect to an available sewerage system
within 90 days. This statute, by its terms, applies to both
publicly owned and investor-owned sewerage systems.
Section 381.00655 (2) (b) , Florida Statutes, also provides that:
A publicly owned or investor-owned sewerage system may,
with the approval of the [Department of Health) , waive
the requirement of mandatory onsite sewage disposal
connection if it determines that such connection is not
required in the public interest due to public health
considerations.
Clearly, the statute recognizes instances where a local govern-
ment (in the form of its publicly owned system) may waive the
requirement of mandatory sewer hookup if it makes a determination
that the public health would not be adversely effected by this
action and it secures the approval of the Department of Health.
While nothing in section 381. 00655, Florida Statutes, requires
a municipality to enforce the provisions of the statute, a
municipality is not foreclosed from taking local legislative
action providing, for enforcement of section 381 .00655, Florida
Statutes. The Municipal Home Rule Powers Act states that
cities have the power to enact legislation concerning any
subject matter upon which the state Legislature may acts and
local ordinances relating to enforcement of provisions of section
381. 00655, Florida Statutes, would appear to be appropriate
subjects for legislation. In fact, section 381.00655, Florida
Statutes, recognizes the authority of counties and municipalities
to "enforce other laws for the protection of the public health
and safety. "
ALAN JENSEN ATTY 373 PO4 AUG 31 ' 99 14: 11
Mr. Alan C. Jensen
1111 Page Three
I trust that these informal comments will assist you in advising
your client, the City Commission of Atlantic Beach.
Sincerely,
Isegocrv.14
Gerry Hammond
Assistant Attorney General
GH/tgk
See, s. 16.01 (3) , Fla. Stat.
2 Section 381. 00655 (1) (a) , Fla. Stat.
3 Section 166.021 (3) , Fla. Stat.
Sec. 22-89. Compliance regarding type, capacities, location and layout.
The type, capacities, location, and layout of a private wastewater disposal system shall
comply with all recommendations of the City of Jacksonville Health, Welfare, and
Bioenvironmental Services Division.
Ord.No. 80-83-23, § I(Art. III, § 4), 6-27-83)
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 wastewater 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. 22-91. Maintenance.
The owner shall operate and maintain the private wastewater disposal facilities in a
sanitary manner at all times, at no expense to the city. Any and all maintenance or repair to a
private OSDS [onsite sewage disposal system] must be permitted and inspected by the city
building department.
Ord. No. 80-83-23, § I(Art. III, § 6), 6-27-83; Ord. No. 80-94-53, § 3, 11-28-94)
Sec. 22-92. Written report required for failed private system.
At such time as a private OSDS [onsite sewage disposal system] fails, as defined in
section 22-90 of this article, a written report shall be made by the owner of such OSDS to the city
within seven (7) days of such failure.
Ord. No. 80-94-53, § 4, 11-28-94)
41, Secs. 22-93--22-100. Reserved.