02-23-98 vCITY OF ATLANTIC BEACH
COMMISSION MEETING- February 23, 1998
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of February 9, 1998
2.Recognition of Visitors:
A. Donner Park Cheerleaders (Mayor)
B. Jack Gabriel,P.E.,Managing Engineer,Design,Jacksonville Transportation Authority
with a status report on the Wonderwood Connector and Mayport Road/Atlantic
Boulevard interchange (Mayor)
3.Unfinished Business:
A. Board Appointment: (Mayor)
Appointment to fill the unexpired term of Cecile Purcell on the Cultural Arts
Board(Term expires April 30, 1999)
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
4. Consent Agenda:
A. Acknowledge receipt of Building Department monthly report (City Manager)
B. Bid No. 9798-11 -Award contract for demolition of two houses at 117 Ardella Road
and 1970 Park Street at a cost of$1,369.00 each(City Manager)
C. Bid No. 9798-16 -Award contract to Pest Master Services, Inc., in the amount of
7,500.00 for insect control and fertilization of city lawns and landscaped areas and
pest control for city buildings(City Manager)
D. Acknowledge receipt of letter from Karen Summers advising of her resignation from
the Cultural Arts Board
5.Action on Resolutions:
A. Resolution No. 98-3
Resolution of esteem-Mark McGowan(Mayor)
B. Resolution No. 98-5
Resolution of Esteem -Ed Martin(Mayor)
Page Two AGENDA February 23, 1998
C. Resolution No. 98-6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, URGING THE LEGISLATURE TO DEVELOP A
REPLACEMENT PROGRAM WHEN THE PRESERVATION 2000 PROGRAM
TERMINATES (Mayor)
D. Resolution No. 98-7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, URGING THE 1998 FLORIDA LEGISLATURE TO PASS
HB 3427 AND SB 882 WHICH PROVIDE A DEDICATED FUNDING SOURCE
FOR STATEWIDE BEACH MANAGEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE(City Manager)
6.Action on Ordinances:
7.New Business:
A. Public Hearing and action on an application for a Use-by-Exception filed by Finis and
Nicole Bennett to operate a retail flower shop at 100 Seminole Road, also described
as Lot 624, Saltair Section#1, Atlantic Beach,Zoned RG-2 (City Manager)
B. Public Hearing to hear and consider the views of the public concerning long range
planning and goal setting for the city(Mayor)
C. Set the date for a public hearing(April 13)for consideration of regional impact of the
proposed operation of a gambling ship at Johnston Island (City Manager)
D. Authorize execution of agreement with the Jacksonville Electric Authority to provide
sewage treatment and disposal facilities to Mayport (City Manager)
8. City Manager Reports and/or Correspondence:
9.Reports and/or requests from City Commissioners, City Attorney and City Clerk
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,February 20, 1998.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC S S
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, FEBRUARY 23,
1998
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve M S
Theo Mitchelson, Commissioners 0 E
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I O YAND: James Jarboe, City Manager
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Alan C. Jensen, City Attorney COMMISSIONERS N D S 0
Maureen King, City Clerk
The meeting was called to order by Mayor Shaughnessy. It was with great
sadness that Mayor Shaughnessy announced the passing of Boy Scout Troop 37
Scout Master Donald Erkfitz and asked that those present remember him and his
family in their prayers.
The invocation was given by Reverend Doctor John Moulton of St. Paul's by-
the- Sea Episcopal Church followed by the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
February 9, 1998.
BEAVER x
BORNO X X
Motion: Approve minutes of the Regular Meeting held MESERVE X
February 9, 1998. MITCHELSON X X
SHAUGHNESSY X
There being no additions or corrections to the minutes, the motion carried
unanimously.
2. Recognition of Visitors:
A. Donner Park Cheerleaders (Mayor)
Gail Baker, Program Director for the Donner Park Community, introduced
twelve of the twenty-four cheerleaders from her group. Ms. Baker explained
that the Jacksonville Housing Authority recently asked the participants in their
programs to answer the question "Who had the greatest influence on your life?"
In recognition to their unanimous response to that question, the cheerleaders
gave a cheer and presented a plaque to Public Safety Director David Thompson
in recognition of his community leadership and volunteerism at Donner Park.
B. Jack Gabriel, P.E., Managing Engineer, Design - Jacksonville
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Transportation Authority with a status report on the Wonderwood
Connector and Mayport Road/Atlantic Boulevard interchange
Wonderwood Connector
Jack Gabriel, P.E.,the Managing Engineer for Design with the Jacksonville
Transportation Authority(JTA), updated the Commission on the project and
displayed preliminary design plans. Mr. Gabriel explained the design stage of
the Wonderwood Connector was sixty percent complete and the St. Johns
River Water Management District had been contacted concerning permitting. It
was further reported design of the main segment of the project should be
completed by the end of 1999 with completion of the entire project expected by
2003. Mr. Gabriel stated the proposed bridge across the Intracoastal Waterway
will be sixty-five feet in height and the JTA was working with Representative
Tillie Fowler to ensure funding will be available for the project. After the
update, Mr. Gabriel responded to questions.
Commissioner Meserve verified the height of the bridge to be sixty-five feet and
inquired about beautification along the project. Mr. Gabriel stated he needed
someone to manage the landscaping, and he hoped there would be local and
corporate support for maintenance. Mayor Shaughnessy also expressed concern
for beautification and Mr. Gabriel stated the medians will be landscaped.
Mayor Shaughnessy then inquired if the median could accommodate a light rail
system and was informed that it was wide enough to support the system. Mayor
Shaughnessy then commented that no provision had been made for the rail
system on the bridge, and inquired as to why it was not included. Mr. Gabriel
felt the added cost would be a major consideration.
A brief discussion ensued concerning the added costs, and Mr. Gabriel stated
additional funding would have to be worked out if the bridge was built to
accommodate a light rail system. The construction timetable was also briefly
discussed.
Commissioner Borno inquired if the bridge would be sixty-five feet at the mean
high or low water mark. Mr. Gabriel stated it was sixty-five feet at the mean
high water mark.
Atlantic Boulevard/Mayport Road Interchange
Mr. Gabriel displayed preliminary plans showing the proposed flyover and
DOT project to six lane Atlantic Boulevard. The flyover will add a lane in each
direction and complement the DOT project. Mr. Gabriel pointed out the
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proposed retention areas and stated the survey work and soil borings had been
completed. He further explained that tentatively, the flyover would be a steel
box girder with closed boxes type of construction because the flyover will rise
above the existing overpass and be very visible. Mr. Gabriel stated he would
provide additional information regarding the style of the flyover as the project
progresses. Design plans were reported to be 30%complete with completion of
the final plans set for November.
With regard to the proposed locations of the retention ponds, Mayor
Shaughnessy expressed concern that city property(originally purchased for a
solid waste transfer station) would be used, negating its future development
for soccer fields. Considerable discussion ensued concerning property values
and retention pond size and placement.
Discussion then turned to the amount of right-of-way needed and width of
rights-of-way. Public Works Director Bob Kosoy inquired as to who would be
responsible to relocate utilities in rights-of-way. Mr. Gabriel stated it was the
policy of the JTA to have the owner of the utilities relocate them, and an
agreement regarding the same would have to be negotiated up front.
Alan Potter of 374 Second Street, as a point of information for rights-of-way
negotiations, stated in the past the burden had been placed on him(as the owner
of a utility company) if the utilities were located in the DOT right-of-way.
However, if they(DOT)bought the land for right-of-way,then he had been
reimbursed- so it worked both ways.
Stephen Kuti expressed concern for the traffic problem at the post office and
and inquired if anything was being done to address that.
J.P. Marchioli asked how residents would get from one side of Wonderwood to
the other and inquired about the use of Texas turn arounds. Mr. Gabriel stated
they were not allowed in Florida.
Mayor Shaughnessy expressed concern for the impact the increased volume of
traffic would have on Mayport Road relative to bus traffic. Mayor Shaughnessy
stated serious consideration must be given to pull out lanes or turn outs for
buses. Mr. Gabriel agreed that it needed to be discussed with possible
implementation into the design.
Don Phillips stated that it appeared that businesses located at the intersection
First and Second Streets)had lost use of the access road, which would
negatively impact on them. City Manager Jarboe expressed concern this would
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divert traffic into a residential area with the proposed frontage reversal.
Reuben Bennett of 100 Seminole Road and Alan Potter both inquired as to the
safety factor involved with the use of a one lane flyover. Mr. Gabriel assured
them there would be enough room for emergency vehicles or emergency
stopping, etc. in the pull-off area on each side of the regular width lane.
There being no further discussion or comments, Mayor Shaughnessy called a
brief recess at 8:50 p.m. and reconvened the meeting at 9:00 p.m.
Mayor Shaughnessy stated she would like to take Item 7B out of sequence and
conduct the Public Hearing on long range planning and goal setting at this time.
7B. Public Hearing to Hear and Consider the Views of the Public
Concerning Long Range Planning and Goal Setting for the City
Mayor Shaughnessy opened the public hearing to receive citizen input
concerning long range planning and goals for the City.
The following citizens spoke:
Nelson Seiber- 336 10th Street asked that the City consider purchasing a truck
to pump out storm sewers similar to the one used in Neptune Beach.
Ray Coleman - 438 Inland Way stated he was President of the Atlantic Beach
Athletic Association and requested that the Commission consider purchasing
additional property adjacent to Donner Park to construct baseball fields for 12 -
15 year olds.
Tammy Deitchman of 332 6th Street stated she had experienced flooding
problems for nine years and inquired when a firm decision regarding the
drainage problems would be made.
Andrea Pennell of 579 Aquatic Drive asked the Commission to consider a
Neighborhood Bill of Rights program similar to the City of Jacksonville. A
brochure outlining the program was given to the Mayor.
Kelly Elmore of 1650 Beach Avenue encouraged the Commission to consider
forming a Community Redevelopment Area(CRA), consider implementing
neo-traditional zoning for the Core City area, adopting plant maintenance
specifications for the medians on Atlantic Boulevard and consider the land use
impact of the JTA project and make the retention areas more aesthetically
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pleasing.
Stephen Kuti of 1132 Linkside Drive proposed working personally with
George Worley and Tillie Fowler to provide handicapped parking and a ramp for
beach access for senior citizens and disabled. Mr. Kuti also suggested
consideration be given to dividing the city into four voting districts and having
two Commissioners elected at-large.
Nancy White of 1729 Seminole Road expressed concern for the large turnover
of personnel in the Police and Fire Departments. She complimented the Public
Safety Department for the services they provide and suggested raising the
salaries of police and fire personnel. Mrs. White stated she was opposed to any
gambling ship being located in Atlantic Beach. Mrs. White also complimented
Code Enforcement Officer Karl Grunewald for his work.
Barbara Bonner of 463 Selva Lakes Circle believed the City should work to
reclaim the beach (40' street ends) by removing the rocks, cement, and wooden
ties located there. She also wanted additional parking at the street ends and
suggested that bicycle lanes be constructed on Plaza and Sherry Drives.
Alan Potter of 374 Second Street requested that dollar amounts be listed on all
agenda items where funds are to be expended.
Donald Phillips of 1566 Park Terrace West requested consideration be given
to changing the zoning ordinance to limit impervious construction to 35% of lot
size. He also asked the Commission to consider making East Coast Drive and
Ocean Boulevard one-way. Mr. Phillips also inquired if the City was going to
develop an Internet web site, and City Manager Jarboe stated that one was in the
works and would be on-line soon.
David Bew of 381 Third Street asked that consideration be given to the
following beach related conservation programs and projects: (1) Have a beach
sand renourishment plant permanently located in the area, (2) Educate the
public on dune conservation (use of old Christmas trees), (3) Implement a Junior
Life Guard Program, and (4) Construct a new life guard station.
Curtis Sanders of 2320 Barefoot Trace urged the Commission to plant more
trees. He requested that the Seminole ditch be either covered or the shoulders
improved so vehicles could pull off the road in that area. He also asked that
consideration be given to constructing eighteen foot wide streets and that
obstacles be removed from the rights-of-way along city streets.
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There being no further citizen input, Mayor Shaughnessy declared the Public
Hearing closed. There were no Commission comments.
3. Unfinished Business:
A. Board Appointments: (Mayor)
Cultural Arts Board (1)
Appointment to fill the unexpired term of Cecile Purcell
Term expires April 30, 1999)
Mayor Shaughnessy nominated Gary Seabrook to fill the unexpired term of
Cecile Purcell on the Cultural Arts Board.
The appointment was unanimously approved by the Commission.
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.
4. Consent Agenda:
A. Acknowledge receipt of Building Department Monthly Report
City Manager)
B. Bid No. 9798-11 - Award Contract for Demolition of Two
Houses at 117 Ardella Road and 1970 Park Street at a Cost of
1,369.00 Each (City Manager)
C. Bid No. 9798-16 - Award Contract to Pest Master Services,
Inc., in the Amount of$7,500.00 for Insect Control and
Fertilization of City Lawns and Landscaped Areas and Pest
Control for City Buildings (City Manager)
D. Acknowledge Receipt of Letter from Karen Summers Advising
of Her Resignation From the Cultural Arts Board
Mayor Shaughnessy inquired if anyone wished to remove anything from
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the consent agenda, and nothing was removed from the consent agenda.
BEAVER X
Motion: Award bid contracts as recommended by Staff BORNO X X
and approve Consent Agenda items aspresented.
MITCHEL X X
PP g MITCHELSON X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
5. Action on Resolutions:
A. Resolution No. 98-3
Resolution of Esteem - Mark McGowan (Mayor)
BEAVER X
BORNO X X
Motion: Adopt Resolution No. 98-3. MESERVE X X
MITCHELSON X
Mayor Shaughnessy read the Resolution in its entirety. Mr. McGowan
SHAUGHNESSY X
was unable to attend for the presentation and City Clerk King was asked to
forward the framed document to him.
There was no discussion and the motion carried unanimously.
B. Resolution No. 98-5
Resolution of Esteem - Ed Martin (Mayor)
BEAVER X
BORNO X X
Motion: Adopt Resolution No. 98-5. MESERVE X
MITCHELSON X X
SHAUGHNESSY X
Mayor Shaughnessy read the Resolution in its entirety. Mr. Martin was
unable to be present and City Clerk King was asked to forward the
engraved Resolution and key to the City to him.
There was no discussion and the motion carried unanimously.
C. Resolution No. 98-6
A Resolution of the City Commission of the City of Atlantic
Beach , Florida, Urging the Legislature to Develop a
Replacement Program When the Preservation 2000 Program
Terminates (Mayor) BEAVER X
BORNO X X
Motion: Adopt Resolution No. 98-6.
MESERVE x x
MITCHELSON X
SHAUGHNESSY X
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Mayor Shaughnessy read the Resolution by title only and briefly explained
its purpose. All members of the Duval County Delegation in the Florida
Legislature will receive a copy of the Resolution.
There was no discussion and the motion carried unanimously,
D. Resolution No. 98-7
A Resolution of the City Commission of the City of Atlantic
Beach, Florida, Urging the 1998 Florida Legislature to Pass HB
3427 and SB 882 Which Provide a Dedicated Funding Source
for Statewide Beach Management, and Providing for an
Effective Date (City Manager) BEAVER x
BORNO X X
MESERVE X X
Motion: Adopt Resolution No. 98-7. MITCHELSON X
SHAUGHNESSY X
Mayor Shaughnessy explained that the Florida Shore and Beach
Preservation Association had requested the City pass a Resolution
supporting legislation which would provide a permanent funding source
for beach projects. Funding will be phased-in over three years with funds,
coming from documentary stamp tax revenues.
There was no discussion and the motion carried unanimously.
6. Action on Ordinances:
None.
7. New Business:
A. Public Hearing and action on an application for a Use-by-
Exception filed by Finis and Nicole Bennett to operate a retail
flower shop at 100 Seminole Road, also described as Lot 624,
Saltair Section #1, Atlantic Beach, Zoned RG-2
Community Development Director Worley explained the property located at 100
Seminole Road was zoned RG-2, which does not allow a flower shop as a
permitted use in that particular zoning district and stated that the Community
Development Board and Staff had recommended denial of the request.
Mayor Shaughnessy opened the public hearing.
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Finis (Ruben) Bennett passed out photographs of the property in question. Mr.
Bennet indicated ingress/egress from the property would occur from an alley
adjacent to the property and the sign advertising the flower shop would face the
alley, so no one would know a business was operating at that location if they
faced the house from Seminole Road. Mr. Bennett stated his wife had a
medical disability and the business out of their home would allow her to support
herself if something should happen to him. Mr. Bennett further stated he had
spoken to an attorney and was told the use-by-exception could be granted only to
him with the provision it revert back should the property be sold.
Mayor Shaughnessy requested City Attorney Jensen's opinion regarding the
request. City Attorney Jensen read the permitted uses and uses-by-exception
allowed in the RG-2 zone, which did not provide for a retail store. Mr. Jensen
felt a retail flower shop could not meet the requirements of a home occupation,
and there were no options for Mr. Bennett to operate a retail store in the RG-2
zone.
No one else spoke concerning the request and the public hearing was declared
closed.
Commissioner Meserve stated he did not believe the Commission could legally
approve this use-by-exception.BEAVER X
BORNO X X
Motion: Deny Use-by-Exception filed by Finis and Nicole Bennett to MESERVE x X
operate a retail flower shop at 100 Seminole Road. MITCHELSON X
SHAUGHNESSY X
Commissioner Beaver stated it was an unfortunate situation, but if the rules were
bent here, the same would have to apply in other places.
There was no further discussion and the motion carried unanimously.
C. Set the Date for a Public Hearing (April 13) for Consideration of
Regional Impact of the Proposed Operation of a Gambling Ship at
Johnston Island (City Manager)
Mayor Shaughnessy reported that the Public Hearing to consider the proposed
operation of the gambling ship at Johnston Island Development of Regional
Impact would be held on April 27, 1998.
D. Authorize Execution of Agreement with the Jacksonville Electric
Authority to Provide Sewage Treatment and Disposal Facilities to
Mayport (City Manager)
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BEAVER X
Motion: Authorize execution of agreement (Mayor and City BORNO X X
Manager) with the Jacksonville Electric Authority to provide
MESERVE x x
MITCHELSON X
sewage treatment and disposal facilities to Mayport.
SHAUGHNESSY X
City Manager Jarboe explained the contract changes and stated this contract was
a good deal for both the City and the Jacksonville Electric Authority. The
agreement is attached and made part of this official record as Attachment A.
Commissioner Meserve, Chairman of the Mayport Waterfront Partnership,
thanked City Manager Jarboe and Public Works Director Kosoy for their work
in negotiating the agreement with the Jacksonville Electric Authority.
Commissioner Borno inquired as to who was going to execute the agreement
and it was the consensus of the Commission that the Mayor and City Manager
would do the same.
There being no further comments or discussion, the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
City Manager Jarboe
Reported construction of the life guard station would be put on a future
agenda with the residents living by the site receiving notice.
Stated copies of the Mayport/Atlantic Beach interchange map were
available at City Hall.
Commented on the Town Center planting which took place this past
weekend.
Reported he would provide a report on the traffic light at Town Center.
Reported that a "Stop" sign was under construction at the intersection of
Atlantic Boulevard and East Coast Drive.
Reported on the status of the City's website.
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
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February 23, 1998
Commissioner Mitchelson
Relative to Mrs. Deitchman's inquiry concerning the recent flooding,
remarked he believed the Commission would take decisive action once
Colonel Rice's report is received.
Commissioner Borno
Verified the date change for the Public Hearing concerning the gambling
ship at Johnston Island from April 13, 1998 to April 27, 1998.
Commented on Councilman Dick Brown's recent "reality comment"
regarding drainage problems.
Commissioner Beaver
Expressed concern regarding the design of the proposed retention ponds
at the Atlantic Boulevard/Mayport Road Interchange and stated he
wanted to be involved with it.
Stated the City needs to check into underground utilities relative to the
interchange project and keep informed on this.
Expressed concern for school bus safety on Mayport Road and felt these
concerns should be addressed in connection with the design of the
interchange.
Requested that drainage north of Plaza- 11th Street be placed on the next
agenda under his name.
Mayor Shaughnessy
Requested that discussion of the transfer station property - do we want to
give it up or retain it - be placed on the next agenda under her name and
Commissioner Beaver's name.
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Commissioner Meserve
Commented the City needed to get involved with beautification of
interchange and obtain a better understanding of the proposed traffic
flow at the interchange.
Stated he would contact the JTA and gather information concerning
placement of a bus transfer station at Champions.
Commented regarding changing website codes.
MAYOR SHAUGHNESSY
Reported on a meeting at Neptune Beach City Hall concerning the A-1-
A arterial study. Handouts were provided and it was reported that no
elected official supported six laning the road.
Reported that the First Coast Parliamentarians had requested a
Proclamation naming April "Parliamentary Emphasis Month" and
referred the request to City Clerk King.
Requested the City purchase parliamentary procedure videos and gave
the information to City Clerk King.
Reported that the City Manager had responded by letter to the concerns
expressed by William McGee and Alan Potter during the last meeting.
Reported an all time high set out rate of 99% for recycling.
Announced the opening of a new ABET play on Friday, February 27,
1998.
Reported that Richard Downs had requested the City implement
electronic funds transfer and referred the request to City Manager Jarboe.
Reported the City had saved money on its website by utilizing the
expertise of a person from the Navy Base.
Stated the City would move ahead to correct the drainage problems as
soon as Colonel Rice's report is received in ninety days.
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February 23, 1998
There being no further discussion or business to come before the Commission,
the meeting adjourned at 10:40 p.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
1--e 14:A ee, z,
Maitreen King, CM
City Clerk
ATTACHMENT A
r' FEBRUARY 23, 1998 COMMISSION MEETING
CITY OF Z - Z3 - q8
ec at& 'eae( - 91.aud .
800 SEMINOLE ROAD
3Qr ATLANTIC BEACH,FLORIDA 32233-5445
S.11
TELEPHONE(904)247-5800
FAX(904)247-5805
SUNCOM 852-5800
February 18, 1998
Memorandum to:
The Honorable Mayor
and Members of the City Commission
City of Atlantic Beach
Subject:Agreement Between the City of
Atlantic Beach, Florida and Jacksonville Electric Authority
City Commission Members:
Attached is the above referenced agreement for your approval. This contract will provide
sewage treatment and disposal facilities to Mayport, and is consistent with the City
Code. It includes 25 percent for the Buccaneer Area.
I will provide you with more in-depth information as it becomes available.
If you have any questions please call me.
Respectfully submitted,
Jame R. Jarboe
City Manager
JRJ:tl
Attachment
COMPARISON - JEA DOING MAYPORT PROJECT VS ATLANTIC BEACH
JEA 20% DISCOUNT PER 1000 GALLONS
JEA is asking that we give them a rebate of 20%per thousand gallons of water treated in return
for billing, maintenance, repairs and etc. = $36,000 per year based on the request 130,000
gallons.
ATLANTIC BEACH'S COST TO DO THE PROJECT PER YEAR
77,000 per year(pays a 30 yr note for$1,120,000 cost of construction)
4,800 Billing and meter reading
10,000 Maintenance
90,000 per year
SAVINGS TO PER YEAR TO ATLANTIC BEACH
54,000
CITY OF
l•' i LtIC 'e4a - eolee.R
800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
FAX(904)247-5805
SUNCOM 852-5800
Memorandum
Date : February 20 , 1998
To: Jim Jarboe, City Manager
From: Nelson Van Liere, Finance Director 6c?
Subject : Agreement between the City of Atlantic Beach, Florida
and Jacksonville Electric Authority for the Sewer services
located in the Village of Mayport .
With regard to the above mentioned agreement, it is my opinion
the agreement captures the basic intent to provide sewer services
to the Village of Mayport by connecting the JEA facilities to the
City' s Buccaneer Wastewater Treatment Plant .
The rates that JEA will be required to pay are similar to those
being paid by our current Buccaneer sewer customers . These
charges will be collected by JEA and remitted to the City
monthly. The impact fees will be remitted to the City prior to
the individual customers being connected to the JEA facility.
JEA will be responsible for all related customer services for
which the City will reimburse JEA. This amount is not to exceed
200 of the cost per 1000 .gallons water usage .
This agreement does give the City the ability to change the rates
to be consistent with existing city code as needed.
The residents and businesses located in the Village of Mayport
and The City of Atlantic Beach should both benefit from this
agreement should it be approved.
AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH, FLORIDA
AND
JACKSONVILLE ELECTRIC AUTHORITY
THIS AGREEMENT, entered into in duplicate this day of
199 , by and between THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation
hereinafter referred to as the "City") and JACKSONVILLE ELECTRIC AUTHORITY, a body
politic and corporate located in Jacksonville, Florida, (hereinafter referred to as "JEA"),
WITNESSETH:
WHEREAS, residents and businesses located in the Village of Mayport, Florida
Mayport") need use of sewage treatment and disposal facilities; and
WHEREAS, the parties hereto desire to provide a method for said residents and businesses
at Mayport to have such use of sewage treatment and disposal facilities in the manner and under
terms and conditions specified herein; and
WHEREAS, the lack of sewer service is a limiting factor in the economic redevelopment
of Mayport; and
WHEREAS, the Atlantic Beach Buccaneer Wastewater Treatment Plant ("Treatment Plant")
capacity exceeds the current usage in an amount sufficient to provide treatment capacity for
Mayport; and
WHEREAS, this Agreement may establish the basis for future alliances beneficial to both
the City and JEA, in areas such as, but not limited to, Customer Service and Purchasing; and
WHEREAS, it is the intent of this Agreement to provide an efficient, environmentally
sound means of planning, designing, constructing and operating a sewer gravity collection system
and a sewage force main from a pumping facility constructed within the service area of JEA to
connect to a portion of the collection system of the City for eventual treatment in the Treatment
Plant; now, therefore
IN CONSIDERATION for the mutual covenants herein contained and for other good and
valuable consideration, the parties agree as follows:
1. Incorporation of Recitals. The above stated recitals are true and correct and, by
this reference, are incorporated herein and made a part hereof.
2.Construction of Sewage System/Cooperation.
a) JEA, at its own cost and expense, shall design and construct a sewer gravity
collection system and a sewage force main along the right of way of State Road A1A, to transport
sewage from its pumping station in Mayport to the City's Treatment Plant. Said gravity sewer
collection system, sewage force main and pumping station constructed by JEA for the purpose of
transporting sewage from Mayport to the City's Treatment Plant shall be hereinafter collectively
referred to as the "JEA Facilities."
b) The parties, jointly and severally, agree to take every reasonable step to
assist each other in obtaining permits, access, and other necessary items as may be needed, from
time to time, in the design, construction and operation of the JEA Facilities.
3. Acceptance of Sewage/Capacity.
a) The City agrees to accept said sewage from the JEA Facilities once the
connection of those JEA Facilities to the City's sewage system is approved by the City's Public
Works Director or his designee.
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JEA reserves the right to discontinue use of City service at any time in the
future by giving the City 180 days advance written notice.
4. Industrial Pretreatment. JEA shall ensure that all users generating industrial
waste in Mayport, which waste will be transported to the City's Treatment Plant, by the JEA
Facilities,will have an approved industrial pretreatment program in place prior to connecting to those
JEA Facilities that transport sewage to the City's Treatment Plant. Said industrial pretreatment
program shall conform to the requirements specified in Exhibit A attached hereto and, by this
reference, made a part hereof.
5. Payment of Impact Fee Charges. Before being allowed to deliver sewage from
the JEA Facilities to the City's Treatment Plant. JEA must pay all required impact fee charges
directly to the City. The City's City Manager will determine the classification for each business to
be charged an Impact Fee when they are not defined by Chapter 22 of the City's Code, as indicated
in Exhibit B attached hereto and by reference, made a part hereof. JEA shall not allow connection
of any user, in Mayport to said JEA Facilities delivering sewage to the City's Treatment Plant until
such impact fees are paid by JEA to the City.
6. Connection Point/Operation. The connection point at which the JEA Facilities will
be connected to the City's sewage utilities system is indicated in Exhibit C attached hereto and by
reference, made a part hereof. JEA shall provide all operation, maintenance metering, and meter
reading with respect to the JEA Facilities and system,located in Mayport or otherwise on JEA's side
of said connection point. The City shall provide all operation and maintenance on its facilities on the
City's side of said connection point, except for damage caused by the JEA facilities.
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7.Fees and Reimbursements.
a) As used in this Section 7, the term "Water Usage" means usage of all water
provided to JEA sewer users in Mayport, regardless of the source of said water, which water will
be discharged into the JEA Facilities and ultimately delivered to the City's Treatment Plant.
b) In return for the City's acceptance of sewage from the JEA Facilities, JEA
shall pay, to the City, a monthly usage fee not to exceed $3.90 per 1000 gallons of Water Usage
by JEA's sewer users in Mayport unless the rates are changed by the City's Governing Body as
required by law. JEA shall also pay, to the City, a monthly base fee for each of their customers,
regardless of the amount of Water Usage by JEA's sewer users in Mayport, as required by
Chapter 22 of the Atlantic Beach City Code as indicated in Exhibit D attached hereto and by
reference, made a part hereof. All such Water Usage, by JEA's sewer users in Mayport, shall be
metered by JEA and JEA shall submit certified statements of such Water Usage, to the City, on a
monthly basis.
c)In return for JEA's performing metering, meter reading, customer service,
operation and maintenance of the JEA Facilities, the City agrees to reimburse JEA in the amount
at 20% of the cost per thousand gallons of water usage. The rate per 1000 gallons may change
based upon an annual review by JEA; provided, however, this rate will not, at any time, exceed
20% of the monthly water usage fee paid by JEA to the City.
d) Each party agrees to pay all fees, rates and reimbursements within thirty
30) days of receipt of a bill from the City. Failure of either party to pay a fee or to make a
reimbursement within said time frame shall result in a late charge of 1.5 % of overdue payments
or reimbursements for each thirty (30) day period, or part hereof, that the payment or
reimbursement is late.
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8. Fines. If any fines or other monetary penalties are imposed upon one party based
upon its ownership and operation of its collection system as a result of a violation of this
Agreement by the other party, such violating party shall indemnify and reimburse the nonviolating
party for the amount therefor and any costs, including reasonable attorney's fees, related thereto,
provided that the nonviolating party shall have notified such violating party immediately upon
learning of any investigation or proceeding which might result in such fines or penalties and allow
such violating party to join in the defense thereof at its cost and expense.
9. Indemnification. Subject to the provisions and limitations of Section 768.28,
Florida Statutes, each party hereto shall indemnify, hold harmless and defend the other party
hereto from and against any claim, action, loss, damage, injury, liability, cost and expense of
whatsoever kind or nature (including, but not by way of limitation, attorneys fees and court costs)
arising out of injury (whether mental or corporeal) to persons, including death or damage to
property, arising out of or incidental to any negligent act or omission of the indemnifying party
in the operation and maintenance of sewer collection and transmission systems and facilities, under
this Agreement.
10. Force Majeure. The performance by the parties of this Agreement is subject to
Force Majeure and is contingent•upon strikes, accidents, acts of God, flood, regulations or
restrictions imposed by any government agency, breakdown of the collection system, or other
delays beyond the parties' control, provided, however that nothing in this Section shall be deemed
or construed to supersede or suspend payment obligations hereunder.
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11. Severability. Should any provision hereof for any reason be held illegal or invalid,
no other provision of this Agreement shall be affected; and this Agreement shall then be construed
and enforced as if such illegal or invalid provision had not been contained herein.
12. Headings. The headings in this Agreement are solely for convenience and shall
have no effect on the legal interpretation of any provision hereof.
13. Waiver. The failure of any party to insist upon strict performance of this
Agreement or of any of the terms or conditions hereof shall not be construed as a waiver of any
of its rights hereunder.
14. Notice. Each notice when required hereunder shall be deemed to have been given
when mailed by U.S. Postal Service certified mail, postage prepaid; addressed as follows:
a) City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, FL 32233
Attention: City Manager
b) Jacksonville Electric Authority, 21 West Church Street, Jacksonville, FL
32202-3139
Attention: Executive Vice President, Delivery Business Unit
15. Attachments and Exhibits. All exhibits, attachments, appendices and schedules
which may, from time to time, be referred to in this Agreement or in any duly executed
amendment hereto are by such reference incorporated herein and shall be deemed a part of this
Agreement as fully as if set forth herein. The Exhibits attached hereto to the extent not completed
at the time of execution hereof, shall confirm substantially to the description thereof contained on
each Exhibit page and may be supplied by the parties.
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16. Rights and Obligations Not Transferable. Except as provided in this Agreement,
the rights and obligations of the parties hereunder are not assignable and may not be transferred
without the prior written consent of the other party hereto, which will not be unreasonably
withheld.
17. Effective Date of Agreement. This Agreement shall become effective upon
execution by both parties, by and through their respective authorized representatives, pursuant to
such procedural requirements as are applicable to each of the respective parties.
18. Term. The term of this Agreement shall be from its effective date and continuing
for a period not less than the useful life of the parties' facilities, subject to this Agreement, and
any additions, alterations or modifications thereto.
19. Governing Law. This Agreement shall be governed in all respects by the laws of
the State of Florida.
20. Negotiated Agreement. The parties agree that they have had meaningful
discussion and/or negotiation of the provisions, terms and conditions contained in this Agreement.
Therefore doubtful or ambiguous provisions, if any, contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule commonly referred
to as "Fortius Contra Proferentum".shall not be applied to this Agreement or any interpretation
thereof.
21. Entire Agreement. This Agreement constitutes the entire agreement by and
between the parties hereto. No statement, representation, writing, understanding, or agreement
made by either party, or any representative of either party, which are not expressed herein shall
be binding. All modifications of, changes, alterations, revisions, or amendments to this
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Agreement, or to any of the terms, provisions and conditions hereof, shall be binding only when
in writing and signed by the authorized representative of each of the parties hereto.
iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
under their respective seals by their officers hereunto duly authorized as of the date first above
written.
CITY OF ATLANTIC BEACH
Attest: By:
City Clerk Mayor
By:
City Attorney City Manager
JACKSONVILLE ELECTRIC AUTHORITY
By:
Maxine M. Wiggins Walter P. Bussells
Administrative Assistant Managing Director and
Chief Executive Officer
I hereby certify that the expenditure contemplated by the foregoing contract has been duly
authorized, and provision has been made for the payment of the monies provided therein to be
paid.
JOHN J. WOLFEL
Controller
Jacksonville Electric Authority
Form Approved:
Assistant General Counsel
2/6/98 nwmca,jr/jh G:\SHARED\NEILLM\CONTRACT\ATLBEACH.AG5
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