11-09-98 v4110 CITY OF ATLANTIC BEACH
COMMISSION MEETING November 9, 1998
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of October 26, 1998
2.Recognition of Visitors:
Media One
3.Unfinished Business:
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 new occupational licenses issued in the month of October,
and monthly reports from Building, Code Enforcement, and Recreation Departments
City Manager)
5.Committee Reports:
6.Action on Resolutions:
A. Resolution No. 98-39
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 (Mayor)
7.Action on Ordinances:
A. Ordinance No. 90-98-167 - Reschedule continued public hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS,
SECTION 24-17, DEFINITIONS, AND SECTIONS 24-104, 105, 106 AND 107,
RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE IN RESIDENTIAL
DISTRICTS TO FIFTY PERCENT (50%), AND PROVIDING AN EFFECTIVE
DATE (Commissioner Mitchelson)
8.New Business:
A. Authorize the Mayor to sign the Certificate of Acceptance for Anti-Drug Abuse grant
in the amount of$13,680.00 (City Manager)
Page Two AGENDA November 9, 1998
B. Authorize the Mayor to sign on behalf of the City of Atlantic Beach, a Four-Party
Agreement with the City of Jacksonville, City of Neptune Beach and Town Center
Agency for streetscape improvements along Atlantic Boulevard, First Street, and
Ocean Boulevard,Duval County, Florida (Mayor)
C. Discussion and possible action on use of city rights-of-way by Peoples Gas (City
Manager)
D. Authorize current lifeguard salaries to remain in effect indefinitely (City Manager)
E. Discussion and related action relative to Teen Council (City Clerk)
9. City Manager Reports and/or Correspondence:
A. Report and related action relative to providing water and sewer service to Mayport
Naval Station
10. 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,November
6, 1998.
V v
O O
T T
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 TUESDAY, NOVEMBER 9,
1998
PRESENT: Suzanne Shaughnessy, Mayor
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: James Jarboe, City Manager M S
Maureen King, City Clerk O E
T C
Alan C. Jensen, City Attorney I 0 Y
ONEN
ABSENT: Richard Beaver COMMISSIONERS N D S 0
The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The
Invocation was offered by Public Safety Director Thompson, followed by
the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
October 26, 1998.
ESERX
X
Motion: Approve minutes of the Regular Meeting held
BORNO
ME SERVE X
October 26, 1998.
MITCHEL SON X X
SHAUGHNESSY X
There were no corrections or amendments, and the minutes were
unanimously approved as presented.
Item 8B was taken out of sequence and acted upon at this time.
Item 8B
Authorize the Mayor to Sign on Behalf of the City of
Atlantic Beach a Four-Party Agreement with the City of
Jacksonville, City of Neptune Beach and Town Center
Agency for Streetscape Improvements Along Atlantic
Boulevard, First Street and Ocean Boulevard, Duval
County, Florida (Mayor)
Motion: Authorize the Mayor to sign on behalf of the BORNO X X
City of Atlantic Beach a Four-Party Agreement with the
MESERVE X X
MITCHELSON X
City of Jacksonville, City of Neptune Beach and Town SHAUGHNESSY X
Center Agency for Streetscape Improvements along
M S
O E
T C
I O Y
Minutes Page -2-
November 9, 1998
ONE N
g COMMISSIONERS N D S 0
Atlantic Boulevard, First Street and Ocean Boulevard,
Duval County, Florida.
Mayor Shaughnessy briefly explained the agreement and stated that
once it was executed, it would take several weeks for it to work its
way through the various committees of the City of Jacksonville. She
then introduced Public Works Director Sam Mousa of the City of
Jacksonville who will administer the project. Mr. Mousa stated he
looked forward to working with the City of Atlantic Beach and
thanked the Commission for their cooperation.
There was no discussion and the motion carried unanimously.
2. Recognition of Visitors:
A. Media One
Ann Murphy, Community Relations Manager for Media One located on
Richards Street,Jacksonville, introduced Linda Malloy,Vice President and
General Manager, Bill Watson, Director of Operations, and Paul
McIntosh,Field Operations Manager. Ms.Murphy stated that the company
was taking a proactive approach to correct the city's cable outage
problems.
Mr. McIntosh briefly summarized the upgrades, necessary repairs and
equipment improvements implemented to resolve the cable outage
problems.
Commissioner Meserve requested a one page summary of the corrections
being made by Media One to use as a handout for citizens. Mr. McIntosh
stated he would supply a summary for that purpose.
Commissioner Meserve then inquired concerning the delay of installation
of fiber optics, and requested that Mr. McIntosh meet with the City
Manager and appropriate staff to discuss its installation. Commissioner
Meserve believed installation of fiber optics would greatly improve the
city's cable service.
Ann Murphy stated that fiber optics construction was scheduled to begin
0
within the first six months of 1999 and Media One would be happy to work
with the city in any way they could.
Mayor Shaughnessy designated Commissioner Meserve the contact person
O E
T C
I O Y
III Minutes Page -3-
M S
COMMISSIONERS N D S N
November 9, 1998
for the work, and thanked the Media One representatives for keeping the
Commission informed.
B. Public Safety Department Promotions
Public Safety Director Thompson introduced newly promoted Sgt. Dennis
Alexander and Communications Supervisor Glenda Dedenbach. He
indicated that Barbara Sumrall was also promoted to sergeant but was
unable to be in attendance.
C. Bill McGee of 1831 Selva Marina Drive commented on increased
traffic and speeding on Selva Marina Drive north of the Saturiba Drive
intersection. Mr. McGee requested Commission consideration to install a
speed bump and stop sign at the intersection of 19th Street and Selva
Marina Drive and to repair and pave the street.
D. Barbara Bonner of 463 Selva Lakes Drive commented that the
lights at the Jack Russell Park ballfield were left on when no one was using
the field, there and requested Commission assistance in securing a back
entrance to the post office.
Commission Responses
Commissioner Mitchelson felt the city could not repair Selva Marina Drive
because as he recalled,when the subdivision was annexed,the city would
not accept responsibility for streets which did not meet city code, and at
that time, the residents were opposed to bringing the streets up to code
because the charm of the area and several large trees would be lost.
After a brief discussion, Mayor Shaughnessy directed Staff to look into
Mr. McGee's request and bring their findings to the next meeting.
Commissioner Meserve related that the original plans for the post office
included a back entrance which was subsequently eliminated.
Commissioner Meserve stated that at time he inquired concerning the
entrance and was told the postal service could not mix a public entrance
with the employee parking located at the rear of the building.
Commissioner Meserve stated he would like to find out if something could
be done to reinstate the entrance and volunteered to investigate this matter
further.
Commissioner Borno felt the present entrance had become a safety issue.
Commissioner Mitchelson agreed and pointed out that completion of the
M S
O E
T C
I O Y
ONEN
Minutes Page -4- COMMISSIONERS N D S 0
November 9, 1998
flyover would only compound the safety problem.
Mayor Shaughnessy directed staff to look into the lighting problem at Jack
Russell Park.
Sally Maddy of 1915 Creekside expressed concern for the streets and
drainage problems in her neighborhood and inquired if there was a plan for
the area. She further stated she would be willing to work with the city to
resolve the street problem.
Mayor Shaughnessy inquired if she was a representative for the
subdivision and Mrs. Maddy stated that she was representing herself.
Mayor Shaughnessy suggested the formation of a Homeowner's Association
to bring group concerns before the Commission.
3.Unfinished Business:
There was no unfinished business.
4. Consent Agenda:
A. Acknowledge Receipt of New Occupational Licenses Issued in
the month of October, and Monthly Reports from Building,
Code Enforcement, and Recreation Departments (City
Manager)
Mayor Shaughnessy received and acknowledged the monthly reports
for New Occupational Licenses for October, and those of the
Building, Code Enforcement and Recreation Departments, and asked
that they be filed.
5. Committee Reports:
There were no committee reports.
6. Action on Resolutions:
A. Resolution No. 98-39
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.
M S
O E
T C
I O Y
Minutes Page -5-
O N E N
g COMMISSIONERS N D S 0
November 9, 1998
Mayor)
Mayor Shaughnessy read the resolution by title only.
Motion: Adopt Resolution No. 98-39 amending the BORNO X X
operating budget for the City of Atlantic Beach, Florida, MESERVE X
MITCHEL SONforthefiscalyearbeginningOctober1, 1998 and ending SHAUGHNESS
X X
September 30, 1999.
SHAUGHNESSY X
Commissioner Meserve inquired if the adoption of the resolution
would take funds from next year's budget.
City Manager Jarboe explained that the Commission had stated its
intent to complete the project over a two year budget cycle, but the
City of Jacksonville required all the funds at one time in order to
effectively complete the capital improvement project.
Alan Potter of 324 Second Street requested that dollar amounts be
included on the agenda when these types of requests are made.
There being no further comments or discussion, the motion carried
unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-98-167 Reschedule Continued Public
Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH AMENDING CHAPTER 24, ZONING AND
SUBDIVISION REGULATIONS, SECTION 24- 17
DEFINITIONS, AND SECTIONS 24-104, 105, 106,
107, RESIDENTIAL DISTRICTS, TO LIMIT LOT
COVERAGE IN RESIDENTIAL DISTRICTS TO
FIFTY PERCENT (50%) AND PROVIDING AN
EFFECTIVE DATE (Commissioner Mitchelson)
Mayor Shaughnessy read the ordinance by title only and announced
that the public hearing would be rescheduled and continued to the
first Commission Meeting following the recommendation from the
Community Development Board who would consider the ordinance
I
M S
O E
T C
I 0 Y
Minutes Page -6- N
E N
g COMMISSIONERS N ND S 0
November 9, 1998
ON
further at their meeting on November 17, 1998.
Stephen Kuti of Linkside Drive requested to speak concerning
Ordinance 90-98-167.
Mayor Shaughnessy called a recess to confer with the City Attorney
and the meeting reconvened at 8:10 p.m.
City Attorney Jensen advised Mr. Kuti that since no public hearing
was scheduled at this time, he should make his comments when
the public hearing is continued.
8. New Business:
A. Authorize the Mayor to Sign the Certificate of
Acceptance for Anti-Drug Abuse Grant in the Amount of
13,680.00 (City Manager)
III MESERVE
X
Motion: Authorize the Mayor to sign the Certificate of BORNMESEx X
Acceptance for Anti-Drug Abuse Grant in the amount of MITCHELSON X X
13,680.00.
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
Item 8B was taken out of sequence acted on under Item 2A.
B. Authorize the Mayor to Sign on Behalf of the City of
Atlantic Beach a Four-Party Agreement with the City of
Jacksonville, City of Neptune Beach and Town Center
Agency for Streetscape Improvements Along Atlantic
Boulevard, First Street and Ocean Boulevard, Duval
County, Florida (Mayor)
C. Discussion and Possible Action on Use of City Rights-
of-Way by Peoples Gas (City Manager)
City Attorney Jensen explained that Peoples Gas Company wanted
to run a gas line through the rights-of-way of the City of Atlantic
Beach to service the Navy base at Mayport and had submitted a
permit application, some correspondence, and on November 6,
M S
O E
T C
I O Y
O N E N
III Minutes Page-7- COMMISSIONERS N D S 0
November 9, 1998
1998, a draft of a proposed agreement with the city. He further
explained that City Manager Jarboe had scheduled a meeting with
representatives of People Gas to negotiate a proposed agreement to
bring back to the Commission, but he felt it was important for the
Commission be advised of the situation and be given the documents
to begin to review them.
As a point of clarification, City Manager Jarboe explained that the
agreement received late on Friday from Peoples Gas concerned the
proposed pipe line to the base, and staff felt the company should
not be allowed to use city right-of-way until there was some type
of an agreement. He pointed out that the right-of-way agreement
would be in place until such time as the city negotiates a franchise
agreement with Peoples Gas. City Manager Jarboe then requested
that the Commission authorize them to use the right-of-way
contingent upon execution of a franchise agreement within a certain
number of days.
SCity Manager Jarboe introduced Mitchell Scruggs of Peoples Gas
who was present to answer any Commission questions.
Commissioner Mitchelson inquired why the city was giving
Peoples Gas total access across our easements with the only
monetary consideration being $10.00. Commissioner Mitchelson
felt the access fee should be more than $10.00.
Commissioner Meserve stated that the gas line was not just for the
Navy, but would be available to all of the citizens of Atlantic
Beach. He felt it could be a great costs savings to the city as a
whole, as well as a revenue generator to the city.
Motion: Authorize the City Manager to negotiate use BORNO X X
of right-of-way, and within 180 days, negotiate a
Mx x
MITCHELTCHELSON X
franchise agreement comparable to the ones negotiated SHAUGHNESSY X
by the other two beach cities.
Commissioner Borno inquired where the pipeline would physically
run in the right-of- way, and Mr. Scruggs stated that generally it ran
along the side of the road in the utility right-of-way easement.
M S
O E
T C
I O Y
O N E N
Minutes Page -8- COMMISSIONERS N D S 0
November 9, 1998
Mayor Shaughnessy inquired as to the city's options if the motion
was approved. City Attorney Jensen advised that it was
acceptable to approve the motion because any negotiated contract
would have to come before the commission for approval. He
further stated that he had some basic concerns with the right-of-way
use agreement which was faxed to the city late Friday afternoon,
but they were not insurmountable and could be corrected by staff
and brought back before the commission. The draft agreement is
attached and made part of this official record as Attachment A.
After some further discussion, Mayor Shaughnessy appointed
Commissioner Borno as Commission Liaison, and City Manager
Jarboe and City Attorney Jensen to the Staff Committee to
negotiate the agreement.
There being no further discussion, the motion carried unanimously.
S D. Authorize Current Lifeguard Salaries to Remain in
Effect Indefinitely(City Manager)
BORNO X X
Motion: Authorize the current lifeguard salaries to MESERVE X
remain in effect indefinitely.
SHAUGHLSON
X X
HAUGHNESSY x
Stephen Kuti stated that the lifeguards do a tremendous job for the
city and supported the continued pay increase.
Commissioner Mitchelson felt there was no limitation placed on the
previously authorized salary increase.
City Manager Jarboe stated that clarification was needed because
there was some confusion because at one time the salary increase
was discussed and referred to as a bonus.
The question was called by Commissioner Borno and the motion
carried unanimously.
E. Discussion and Related Action Relative to Teen Council
O City Clerk)
Mayor Shaughnessy requested Commission direction for formation
M S
O E
T C
I O Y
Minutes Page -9-
o N E N
COMMISSIONERS N ND S O
November 9, 1998
of a Teen Council and indicated that nine individuals had expressed
interest in participating.
Commissioner Borno stated he needed more information before
making a decision on implementing the Teen Council.
Motion: Request staff and those interested to draft a BORNO X X
proposal for formation of the Teen Council to include rsESERVE x
proposed bylaws, structure, positions, organizational SHAUGHNESSY X X
objectives, etc. to be presented at the December 14, 1998
meeting.
Mayor Shaughnessy suggested using the bylaws from the previous
Teen Council as a starting point.
Mayor Shaughnessy and Commissioner Borno believed that nine
members would form a nucleus for the Teen Council and it would
grow.
There being no further discussion, the motion carried unanimously.
9. City Manager Reports and/or Correspondence:
City Manager Jarboe
A. Report and Related Action Relative to Providing Water
and Sewer Service to Mayport Naval Station
Alan Potter of 374 Second Street spoke concerning a letter dated
October 23, 1998, from the Navy requesting that the city consider
taking over operations of the Naval Station Mayport water and
wastewater treatment systems. The letter is attached and made part
of this official record as Attachment B. Mr. Potter stated the Navy
system was larger than the Atlantic Beach and Buccaneer systems
combined, and expressed concern regarding the industrial waste
treated by the Navy system of which the city has no treatment
experience and urged the city not to take over operation of the
facilities.
City Manager Jarboe stated the city had conducted a preliminary
MS
OE
T C
I O Y
Minutes Page -10-
O N E x
III COMMISSIONERS N D S 0
November 9, 1998
investigation of the system, and the on-base sewer plant operation
was a cause of concern due to the history and environmental
problems of the site. He believed it would not be wise for the city
to take over operation of the on-base wastewater treatment but
suggested the city continue serving the off-base housing and
commissary.
City Manager Jarboe was directed to gather more information and
bring his findings to the next Commission meeting.
B. Letter from the Department of Environmental
Protection
City Manager Jarboe stated the city had received a letter from the
DEP requesting a meeting with the city on Wednesday, November
18, 1998 and requested that a member of the Commission be
present at the meeting. City Manager Jarboe suggested
Commissioner Borno attend due to his work with the Howell Park
Review Committee.
After a brief discussion, it was the consensus of the Commission
that Mr. Borno represent the Commission at the meeting.
Reminded the Commission that City Hall would be open
November 11, 1998.
Inquired if the Commission wanted the actuaries and
Pension Board Attorney present at the public hearing for the
Pension Ordinance at an approximate cost of$1,000.00 -
2,000.00.
It was the consensus of the Commission that they would not
have to attend public hearing. It was agreed that if there
were any technical questions, they could be submitted in
writing to the appropriate person prior to the hearing.
10. Reports and/or Requests from City Commissioners, City
IIIAttorney and City Clerk
M S
O E
T C
I O Y
1111 Minutes Page -11-
ONEE N
g COMMISSIONERS N ND S 0
November 9, 1998
Commissioner Borno
Inquired concerning the preliminary plans for the recreation
building included in the packet. City Manager Jarboe stated
that it was included for informational purposes.
It was the consensus of the Commission to submit their
comments on the proposed building to the City Manager
before the next meeting.
Commissioner Mitchelson
Congratulated Commissioner Meserve on being chosen the
1999 Chair of the Beaches Chamber of Commerce.
Mayor Shaughnessy
Requested that the agenda be kept light for the next two
meetings and include only necessities.
Commented that the 10th Street parking would remain open
ended until such time as the city receives a written response
from the Corps of Engineers.
Requested that the City Attorney again contact the Corps of
Engineers and request a written opinion.
Requested that the City Attorney review the proposed lease
for parking spaces on 10th Street to verify it reflected the
Commissioner Meserve's motion concerning the same.
Requested that only white lights be used with the Town
Center decorations.
It was reported that former Mayor Fletcher had stored the
Town Center lights and they could probably be used again
this year.
S
M S
O E
T C
I O Y
III Minutes Page -12-
ONEE N
g COMMISSIONERS N ND S 0
November 9, 1998
There being no further comments or business to come before the
Commission, the meeting adjourned at 8:48 p.m.
2Q.`
Suzanne Shaughness
Mayor /Presiding Officer
ATTEST:
lit644)2-°A
Maureen King, M
City Clerk
0
NOV. 6. 1998 3:22Ptr1
ATTACHMENT A
NOVEMBER 9, 1998 COMMISSION MEETING
To:Alan Jensen, Esq.
Fax#: 904-246-9960 FA(SIMILE
Re:PGS/City of Atlantic Beach:interim right of way use
agreement
Date: November 6, 1998
Pages: five, including this cover sheet.
Alan:
Attached is a form of agreement which I believe will serve until the franchise is completed. We
will be sending you a proposed franchise agreement next week.
Please let me know if you have any comments on this document.
Thanks,
cc:Jim Jarboe, City Manager
Fax: 904-247-5805)
Rick Stuart, PGS
Fax: 850-872-6 I 90)
From the desk of._.
Jim Estes
Corporate Counsel
TECO Energy.Inc.
Post Office Box 111
Tampa, FL.33601-0111
813/228-1805
Fax:813/228-1328
NOV. F. 1998 3:22P11 NO. 7752 P. 2
RIGHT OF WAY USE AGREEMENT
MADE THIS day of November 1998,by and between PEOPLES GAS SYSTEM,
a division of Tampa Electric Company, a Florida corporation, ("Company")and THE CITY OF
ATLANTIC BEACH,FLORIDA, a Florida municipal corporation("City").
WITNESSETH:
WHEREAS,the Company is engaged in constructing a natural gas main(the"Facility")to
serve the Mayport Naval Station, a United States Navy facility("Project"), and
WHEREAS, the Facilities must be constructed along and within certain rights of way
belonging to the City, and
WHEREAS,the Facilities,upon completion,will permit the Company to make gas service
available within such areas of the City as are feasible to service, and
WHEREAS,Company has requested access to a portion of the City's rights of way for the
purpose of construction, maintenance and operation of those portions of the Facilities within the
City's jurisdiction(the"Activities"), and
WHEREAS,Company has committed to promptly negotiate in good faith with the City to
obtain a franchise so that it would have the opportunity to serve feasible areas within the City, and
WHEREAS, City has agreed to permit the Activities to the terms and conditions set forth
below,
NOW, THEREFORE, in consideration of Ten Dollars and other good and valuable
consideration exchanged between them and the mutual benefits expected to be derived,the receipt
and sufficiency of which is acknowledged, City and Company agree as follows:
1. Access Permission.
a. City hereby grants to Company permission to enter upon, over and across those
portions of the City's streets,roads and rights of way,for the purpose of conducting
the Activities and installing the Facilities in accordance with applicable legal and
safety code requirements.
b. In its conduct of the Activities upon the City's rights of way, Company shall follow
safe practices at all times and shall not unduly interfere with the operation and
maintenance of City facilities within the Company's rights of way.
H:ICIIDMULEIPGSIATLANm7C\ROWUSE2.AGR
1110
NOV. 6. 199$ 3:23PM Na 7752 P. 1'5
Sc. Company agrees not to use any of City's rights of way for accumulation, storage or
disposal of any substances resulting from the conduct of the Activity.
2. Term of Agreement.
This Agreement shall be for a term, commencing on November 1998, and ending upon the
earlier of the granting of a gas utility franchise by the City to the Company or the termination of
Company's obligation to serve the Mayport Naval Station.
3. Maintenance,Repair and Mitigation.
Company agrees to take all due care in its use of City's property and to maintain same in
good condition during the term of this Agreement and to restore same, except as City otherwise may
permit, to the condition that existed upon the commencement of Company's Activity under this
Agreement, including any mitigation required by any government agencies for any disruption or
displacement of natural conditions caused by Company's Activities under this Agreement.
4. Indemnification.
Company shall indemnify and agrees to defend and hold harmless City against all claims,
damages, losses and expenses(including reasonable attorney's fees) for injury to property,persons
or the environment which arise out any negligence of the Company in connection with the
41110 Company's Activity or access to City's lands under this Agreement.
5. lvahze of Agreement.
It is understood and agreed by the parties that this Agreement and the rights conferred hereby
are an occupancy permit or easement, and nothing herein shall be deemed to grant Company any
ownership interest in any lands of City or any rights other than as set forth in this Agreement.
6.Notices.
Any notices required or permitted to be given under this Agreement shall be in writing and
shall be deemed to have been given if delivered by hand,sent by recognized overnight courier(such
as Federal Express)or mailed by certified or registered mail, return receipt requested, in a postage
prepaid envelope, and addressed as follows:
If to COMPANY at: Peoples Gas System
Attention:
H.CIIDhNLE\PGS',n"fLnNTIC1ROwIJSE2.AGR 2
10. 6. 199° 3:23P11 NO. 7752 P. 4/5
If to CITY at: City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach,FL 32233
Attention: Jim Jarboe, City Manager
with copy to: Alan Jensen, City Attorney
City of Atlantic Beach
P.O.BOX 50457
Jacksonville Beach,FL 32240
Notices personally delivered or sent by overnight courier shall be deemed given on the date
of delivery and notices mailed in accordance with the foregoing shall be deemed given on the date
of delivery,provided the return receipt is received.
7. Construction.
This Agreement shall be governed by,and construed and enforced in accordance with the
laws of the State of Florida. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly
construed against any one of the parties hereto. In construing this Agreement, the singular shall be
held to include the plural,the plural shall be held to include the singular and the use of any gender
shall be held to include every other gender.
8. Captions.
The captions of the various paragraphs of this Agreement are inserted for the purpose of
convenient reference only and shall not affect the construction or interpretation to be given any of
the provisions hereof or be deemed in any manner to define,limit,modify or prescribe the scope or
intent of this Agreement or any provision hereof.
9. Severability.
In the event any term or provision of this Agreement shall be determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal
meaning or be construed as deleted s such authority determines,and the remainder of this Agreement
shall be construed in full force and effect.
10. Counterparts.
This Agreement may be executed in any number of counterparts, each of which, when
executed and delivered,shall be an original,but all counterparts shall together constitute one and the
same instrument.
N:1c„....s1ATLANTtc1ROWUSE2.AGR 3
ATTACHMENT B
1.14T74,--
44'
rtT_OF NOVEMBER 9, 1998 COMMISSION MEETING
847411 2 DEPARTMENT OF THE NAVY L9 ~ '
6:="
12 ?,Illi'. M SOUTHERN DIVISION
l•/NAVAL FACILrTIES ENGINEERING COMMAND
p P.O.BOX 100010
2155 EAGLE DRIVE
NORTH CHARLESTON,S.C. 20410.0010
11310
0234RP
23 October 1998
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
City of Atlantic Beach
ATTN: Mr. James Jarboe
800 Seminole Road
Atlantic Beach, FL 32233-5445
Gentlemen:
The Department of the Navy requires safe, reliable, modern, and economical utility
services. Utility ownership, operations, and maintenance are neither core functions of the
Navy/Marine Corps nor inherently governmental. For these reasons, the Department of the
Navy is exploring the potential of transferring permanent ownership (privatization) of the
water and wastewater utility systems at Naval Station Mayport.
The following is provided only to give an approximation of the size and general
description of each system. Any numbers are only estimates.
NAVAL STATION MAYPORT
WATER
Potable water at NS Mayport is supplied by four(4) deep wells and is treated on
site by aeration and chlorinated at each storage tank. The water plant operates under St.
John's Water Management District Consumptive Use Permit 2-031-0029UGRM. There
are 336,000 feet of water mains two (2) ground level tanks (one 2 MG and one 0.5 MGD).
There are 220 back flow prevention devices being maintained in the distribution system.
The off base housing area includes 4000 feet of water lines but no storage capacity.
The City of Atlantic Beach provides water service.
WASTEWATER
The wastewater collection system is comprised of 150,000 feet of gravity sewer
and force main with 24 pump stations. The wastewater is treated at a 2 MGD complete
mix activated sludge plant consisting of automatic bar screen/grit removal system, flow
splitter box, flow equalization basin, secondary clarification, aeration basins, aerobic
digesters, sludge drying beds, chorine contact chamber with dechlorination. The discharge
is by gravity to the St. John's River. There is a .288 MGD oily waste pretreatment facility
110x. F. 1998 '•23P1 110. 7752 P. 5/5
11. Enforcement.
In the event of any enforcement activity or litigation by a party relating to this Agreement,
each party shall bear its own attorneys' and paralegal fees and court costs,including those incurred
on appeal.
12. Survivability.
The representations,warranties, indemnities and obligations of Company contained herein
shall survive the completion of the Activity referenced herein.
13. Now-Assignability.
This Agreement may not be assigned by Company except to a qualified successor regulated
by the Florida Public Service Commission.
14. Entire Agreement.
This Agreement constitutes the entire understanding and Agreement between the parties and
may not be changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought. This Agreement shall be binding upon
the parties hereto and their respective successors and assigns.
SIN WITNESS WHF,REOF,this Agreement has been executed and exchanged as of the date
first above written.
WITNESSES: COMPANY:
PEOPLES GAS SYSTEM,a division
of Tampa Electric Company
By:
Name:
Its:
Corporate Seal)
WITNESSES: CITY:
THE CITY OF ATLANTIC BEACH,
a Florida municipal corporation
By:
Name:
Its:
City Seal)
H:ICHDMVLEIPCSIATLANTICIROWUSE2. 4AGR
comprising of 3-300,000 gallon quiescent separation tanks, physical-chemical treatment,
dissolved air flotation, and carbon filtration. The off base housing area includes 4000 feet
of gravity sewers force main with one (1) pump station. Sewer service is currently
provided by the City of Atlantic Beach.
Should privatization occur, the ownership of the entire systems including all
operating responsibility shall be transferred to the new owner. All responsibility for
maintaining reliable service, including (but not limited to) such items as environmental
compliance and permits, maintenance, major system renovations, construction, equipment,
manpower, and overhead costs shall become the new owner's responsibility.
Our research indicates your company holds a franchise for these areas. This office
would like to discuss with you the possibility of transferring our system infrastructure to
your service area. If you are interested in opening these discussions, please respond in
writing with a point of contact by 20 November 1998. A one or two page letter is
sufficient at this time.
If you are interested, a site visit and pre-proposal conference will be held at a later
date to define in detail the scope and nature of this facility for you to gain additional
information for preparing a proposal.
If you require additional information, please call Catherine Wilber at (843) 820-
5698.
Sincer: y
L
I/
V /, .
etersRal.hA.
Contract Specialist
Utilities/Energy Services Branch
Copy to:
CO NS Mayport
PWO NAS JAX
CINCLANTFLT, CDR LARRY VAN DESSEL
Code 300, PWC,NAS JAX
III
G`
01ERNHrrO.
64 .y; , 9 NORTHEAST FLORIDA PUBLIC EMPLOYEES LOCAL 630
a A
LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIOconammum
550 Balmoral Circle N., Suite 207 — Jacksonville, Florida 32218
Phone 904 -757-8444 • Fax #904- 757-8448
ar
o eh Aroe'A0,611Ja,L661
November 18, 1998
Business Manager
William(Beau)Worsham
Mr. Jim Jarboe, City Manager
President City of Atlantic BeachCharlesL.King
City Hall
Ronnie ry
Burns-
Treasurer
800 Seminole RoadRonnieBurris
AFFILIATIONS: Atlantic Beach, Florida 32233
LIUNA,
Washington,D.C. Re: Ratification of October 1, 1998 through September 30, 2001 Agreement
North and
Central Florida Dear Jim;
Laborers District
Council
Florida State Please be advised that the bargaining unit employees represented by Local 630 metAFL-CIO
yesterday to consider and vote on the proposed contract. The proposed agreement was
North Florida approved 17 to 0 by the employees (see the attached tally results).Central Labor
Council
Please submit the agreement to the Commission for approval as soon as possible. Please
41)give me a call once the Commission has approved the agreement.
If you need a clean copy for the Commission without the underlines and strike-outs,please
let me know.
Your assistance and cooperation is appreciated as always.
Sincerely,
William A. Worsham
Business Manager
WAW/ald
cc: Jack Baldwin
Desmond Green
Troy Stephens
File
11111
UN ,- ..
YESL
11/18/1998 11:50 9042475843 C A B PUBLIC WORKS PAGE 02
JAN-12-1900 23:54
P.03
TALLY RESULTS OF RATIFICATION BALLOT41)
Agreement
To
Local 630 Agreement
City of Atlantic Beach
October 1 , 1998 through September 30, 1999
For: d /
Against:
I (we) attest that the above count to be true to the best of my (our)knowledge.
bgtititur,
t_ i <dWi " ss Date signed
Wrtne 1' Date signed