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08-13-90 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, AUGUST 13, 1990 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of July 23, 1990 2. Recognition of visitors: 3. Appearances: A. Capt. Paul Anderson addressing beach access at DeWees Avenue (Don Ford, Building Official) B. Presentation by James Mathis of the American Military Member Association 4. Consent Agenda: A. Proclamation declaring August 12 - 18, 1990 as Water and Pollution Control Operators Week B. Jacksonville Track Club requests permission to conduct 26th Annual Summer Beaches Run on beach August 25, 1990 at 7 p.m. , they will utilize 3 vehicles on the beach C. Appointment of Chairman and Vice Chairman of the Public Nuisance Control Board (Maureen King, City Clerk) D. Approval to decrease Change Order #13 in the amount of $275 re- lative to lift stations #1 & #2, Section H (Wm. Howell) 5. Old Business: A. Discussion and related action relative to the contract agreement between the City and Burton & Associates regarding services as Financial Advisor for Water & Wastewater Rate Study (Kim Leinbach, City Manager) B. Report and recommendation of Beautification Committee relative to improvement of Oceanside right-of-way (Jody Ford Beautification Committee Chairman) 6. Resolutions: A. Resolution #90-14 recognizing September 19, 1990 (or date set) as POW/MIA Recognition Day, City to purchase and fly the POW/MIA flag this day until there is a full accounting and authorize City employees to wear POW/MIA pins (Bill Wilder, representative) 7. New Business: A. Authorization to approve payment of an additional $1,000 to Environmental Equations, Inc. for an underground storage tank. (Tom Townsend, Division Chief) B. Park Advisory Board with recommendations (Henry Batts) C. Approval to increase change order #16 in the amount of $2,360. 10 for changes due to conflicts between water, sewer and storm piping in Section H (Wm. Howell) Page Two Agenda: August 13, 1990 D. Approval of Use by Exception for Sunrise Community Evangelical Free Church (present zoning is RG-2) to add Christian education classrooms, sanctuary etc. (Jim Hawkes, church representative) E. Discussion and related action of Pension Board matters (John Dickinson, attorney) F. Discussion and related action relative to Ocean Breeze Utilities Acceptance by City 8. City Manager reports and/or correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Selva Linkside at 11th St. and Seminole Road B. Discussion/related action relative to memo on agreement with DOT Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM— MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, AUGUST 13, 1990 V V O O PRESENT: William I. Gulliford, Jr. , Mayor T T Robert B. Cook, Sr. E E Glenn A. Edwards D D Adelaide R. Tucker, and John W. Weldon, Commissioners M S AND: Kim D. Leinbach, City Manager 0 E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I 0 Y NAME OF ON EN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of July 23, 1990 Cook x Edwards x Motion: Approve minutes of regular meeting of July 23, 1990 Tucker x x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of visitors: George Bull, Jr. , 1937 Sevilla Boulevard, informed the City Commission that the prospective tenants of the Shoppes of Northshore included a bank with drive in service. This would decrease the size of the building and would increase the parking and landscaped areas. The changes have been reviewed by Don Ford, Building Official, and landscaping plans would be brought to the Tree Conservation Board on August 20, 1990. William McGee, 1831 Selva Marina Drive, said some intensive surveying was being done on Selva Marina Drive and it was his understanding the city had plans to enlarge the Atlantic Beach sewer plant and phase out the Buccaneer plant. He read a prepared statement, copy of which is attached hereto and made a part hereof, outlining what he perceived to be potential problems and inquired into the status of this project. Mayor Gulliford said the city was investigating several alternatives and consolidation of the two sewer plants was one option which was being considered. The City Manager reported the city had negotiated a limited contract to study the matter and determine the best and most cost effective course of action for the city. Enough information has not yet been provided for a decision to be made. The Mayor introduced Bob Kosoy, the new City Engineer, and asked that Mr. McGee contact Mr. Kosoy during business hours regarding this project. Kathleen Russell, 2117 Beach Avenue, said she understood a letter was being sent to homeowners at the north end of Beach Avenue PAGE TWO V V MINUTES NAME OF AUGUST 13, 1990 COMMAS. MSYN regarding dedication of right-of-way to the city. She said she had not received a letter and inquired into the status of the matter. The City Attorney said if the property owners were ready to sign he would have the documents prepared. 3. Appearances A. Capt. Anderson addressing beach access at Dewees Avenue Mayor Gulliford briefly outlined the events which had transpired regarding this beach access. He explained that Capt. Anderson's complaint had been that an elevated portion of the crosswalk was located in front of his house. Mark Arnold, the attorney representing the city in this matter, pointed out that a tentative agreement had been reached, but review of this document by the city's building official revealed a couple of items in the design of the overwalk which were not in compliance with the Standard Building Code and state guidelines. The Mayor pointed out that the dunes had changed due to erosion since the overwalk had been constructed and inquired whether the design of the crosswalk could be amended. After a full discussion of the matter, Don Ford was directed to check with the state to determine what type of structure could be built to meet state regulations. The Mayor was anxious to see that every effort was made to reach agreement rather than go to court if necessary. B. Presentation by Bill Mathis of the American Military Member Association Mr. Mathis explained the association primarily works with active duty and retired veterans and he felt the association could be helpful on occasions where veterans' issues came before the City Commission. He wished to make the city aware of their existence and to offer their services to the city and the City Commission to make Atlantic Beach a better place to live. 4. Consent Agenda A. Proclamation declaring August 13 - 17, 1990 as Water and Pollution Control Operators Week B. Jacksonville Track Club requests permission to utilize three vehicles on the beach in connection with the 26th Annual Summer Beaches Run on August 25, 1990, at 7:00 PM C. Appointment of chairman and vice chairman of the Public Nuisance Control Board D. Approval of Change Order No. 13 representing a net reduction of $275.00 relative to lift stations No. 1 and No. 2 in the Section H improvement project The City Manager explained the requested changes which resulted in Change Order No. 13. and added that the pumps used in both lift stations would be American made. PAGE THREE V V MINUTES NAME OF AUGUST 13, 1990 COMMAS. MSYN Cook x Edwards x Motion: Approve passage of Consent Agenda Tucker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x Before moving on to the next agenda item, the City Manager requested another matter regarding Section H be considered. Billy Howell, Section H Project Manager, explained the sanitary sewer line had been completed from Mayport Road westerly along West Twelfth Street to Orchid and then southerly a distance of about 300 feet to interconnect with an existing sewer main. Caring Kennel, on the corner of West Twelfth Street and Mayport Road, was having problems with their private lift station and would like to connect to the public sewer. He requested the City Commission accept this section of sewer line so that connection could be made. Cook x x Motion: Accept for maintenance that portion of sewer line on Edwards x x Twelfth and Orchid Streets as requested Tucker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x Agenda Item 7C in connection with Section H was considered at this time 7C. Approval of Change Order No. 16 representing increase of $2,360.10 due to conflicts between water and sewer and storm piping in Section H Mr. Howell explained Change order No. 16 was due to conflicts in three areas, namely West Sixth and Mayport Road, West Seventh and Mayport Road, and West Twelfth and Mayport Road. The 10-inch water mains on Sixth and Seventh Streets were encased in concrete and the position of the tap had to be relocated, resulting in additional pipe. Modifications were also required at West Twelfth. Cook x x Edwards x x Motion: Approve Change Order No. 16 as requested Tucker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 5. Old Business A. Discussion and related action relative to the contract agreement between the city and Burton and Associates regarding services as Financial Advisor and for a water and wastewater rate study The City Manager explained he and Finance Director Royal had met with representatives from Burton and Associates on several occasions and he felt the negotiations had resulted in a fair proposal for both parties. PAGE FOUR V V MINUTES NAME OF AUGUST 13, 1990 COMMAS. MSYN In response to a question from Commissioner Tucker, Mike Burton explained that the phases would not necessarily be undertaken consecutively but that some phases could be performed concurrently. Commissioner Weldon said his main interest was in finding out where the city stood financially and he felt Phase I should be undertaken before moving forward with other tasks. The Mayor said he felt Burton and Associates' ability to do a computer rate study had been instrumental in their selection. Mr. Burton explained that Phase I and Phase II should be undertaken together and he felt they should be able to report back to the city within 2 - 4 weeks. Mr. Burton said when the contract is approved they would not proceed without specific instructions from the city regarding which task is to be undertaken. Motion: Authorize Burton & Associates to proceed with Phase I and II of the proposed Scope of Services in their proposal dated July 24, 1990, at a total cost not Cook x x to exceed $3,500 and $2,500 for Phases I and II Edwards x respectively, subject to approval of the contract by Tucker x the City Attorney, and authorize the Mayor to sign Weldon x x contract with Burton & Associates. After completion Gulliford x of Phases I and II, the City Commission will decide how to proceed. No discussion before the vote. The motion carried unanimously. B. Report and recommendation of Beautification Committee relative to improvement of Oceanside right-of-way Jody Ford, Chairman of the Beautification Committee said they had considered the request from the Oceanside Homeowners' Association that the city provide water meters in connection with the association's plans to landscape and beautify the entrance to Oceanside. She presented a list of five conditions which the committee recommended should be established and adhered to in any such request. If these conditions could be met, it would be the recommendation of the committee that the city waive the cost of the necessary water meters. Discussion ensued relative to payment of the water bills and maintenance of the area in the future when ownership of properties had changed and it was pointed out a maintenance contract would be required. The City Manager expressed some concerns regarding drainage and he felt Public Works should have an opportunity to review and make recommendations on such applications. While the City Commission generally approved of the concept of assisting with such beautification efforts, the matter was referred to the City Engineer for review and recommendation it was felt approval of the City Engineer should be required on future applications of this nature. PAGE FIVE V V MINUTES NAME OF AUGUST 23,1990 COMMAS. MSYN 6. Resolutions A. RESOLUTION NO. 90-14 Before introducing Resolution No. 90-14, Mayor Gulliford asked the City Commission to consider changing the word "authorizes" in Section 1 and 2 to "encourages," and that under Section 1 , the City Manager instead of the Mayor be authorized to obtain the POW/MIA flags. The City Commission concurred in this request. Mayor Gulliford introduced Resolution No. 90-14, RECOGNIZING SEPTEMBER 19, 1990 AS POW/MIA RECOGNITION DAY IN ATLANTIC BEACH OR SUCH OTHER DATE AS DESIGNATED BY THE U.S. CONGRESS; REQUESTING AND ENCOURAGING THE CITY MANAGER TO OBTAIN AND FLY POW/MIA FLAGS ON THIS DAY OVER ALL MUNICIPAL BUILDINGS AND THEREAFTER ON EVERY DAY UNTIL THERE IS A FULL ACCOUNTING OF THOSE POW/MIA'S REMAINING IN SOUTHEAST ASIA; ENCOURAGING ALL CITY EMPLOYEES TO WEAR POW/MIA PINS. Cook x Edwards x x Motion: Approve passage of Resolution No. 90-14 as amended Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x Mayor Gulliford complimented the Beautification Committee for the landscaping work they had done in the area of the Welcome to Atlantic Beach sign at Atlantic and Ocean Boulevard. He announced that an additional project was scheduled for Saturday, August 17, 1990, when sod would be laid on the right-of-way along Ocean Boulevard between Atlantic Boulevard and Ahern Street. 7. New Business A. Authorization to approve payment of an additional $1,000 to Environmental Equations, Inc., for deactivating an underground storage tank Tim Townsend explained the city had been notified by Bio- Environmental Services to deactivate a gasoline tank which is no longer in service at 1100 Sandpiper Lane. The estimated size of the tank was 250 gallons, but upon excavation, it was determined the actual size of the tank was 750 gallons. The $1,000 extra charge was based on the true size of the tank which has now been deactivated and left in place. Cook x x Edwards x Motion: Authorize payment of additional $1,000 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x B. Henry Batts with Recreation Advisory Board recommendations Mr. Batts explained due to the fact a quorum was not present at the recent meeting of the Recreation Advisory Board, all actions taken had declared null and void. Discussions at that meeting had included a request by Roger Steinem of Atlantic Beach Men's Tennis Team for a donation of $500 to defray the costs involved in PAGE SIX V V MINUTES NAME OF AUGUST 13, 1990 COMMRS. MSYN attending the tennis championships in Orlando on August 16 - 18; use of the recently acquired house on the Thelma Griffin property as a residence, not as offices or activity center; and Christmas Tree lighting activities. Since a quorum was not in attendance at their meeting, no recommendations were presented to the Commission regarding these discussions. Mr. Batts invited Roger Steinem to address the request for $500 donation. Mr. Steinem explained the team would be representing Atlantic Beach at the state tournament in Orlando and the money would be used to pay for food and lodgings. Cook x Motion: Authorize reimbursement of expenses of tennis team's Edwards x trip to Orlando for state championship matches in an Tucker x x amount not to exceed $500.00. Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. 7C. This item was considered earlier in the meeting. D. Approval of Use by Exception for Sunrise Community Evangelical Free Church (present zoning RG-2) to add Christian education classrooms, sanctuary, etc. The Mayor acknowledged that the Community Development Board had recommended approval of this exception and set public hearing for August 27, 1990. E. Discussion and related action on Pension Board matters John Dickinson, of the law firm of Corbin, Dickinson, Duvall & Margulies, the attorney representing the city in this matter, addressed the City Commission relative to a dispute between the city and the State Department of Insurance regarding the city's pension plan. He provided copies of correspondence between the two entities regarding alleged deficiencies the Insurance Commissioner's office had determined existed in the city's pension plan. He said it was the opinion of his firm that the Insurance Commissioner was incorrect in his allegations and recommended the city request an administrative hearing and let a third party resolve the dispute. Cook x Edwards x Motion: Authorize John Dickinson to file petition requesting Tucker x x administrative hearing to resolve the dispute Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. F. Discussion and related action relative to acceptance of utilities in Ocean Breeze The City Manager confirmed that all requirements for acceptance of utilities had been met and recommended acceptance by the city. PAGE SEVEN V V MINUTES NAME OF AUGUST 13, 1990 COMMRS. MSYN Harry McNally explained the roads had not been constructed to city standards and would remain private. Mayor Gulliford said the city currently has problems with private streets and expressed concerns that the city may be required to accept these streets at some time in the future. The City Manager suggested that future acceptance of the streets by the city should require that the streets be brought up to city standards. The City Manager was directed to check into what action had been taken by the City Commission in similar instances in the past. The matter will be placed on the agenda for the next Commission meeting. 8. City Manager reports and/or correspondence: - The City Manager reported on plans to utilize an intern at the Police Department, at no cost to the city. Commissioner Weldon inquired regarding liability insurance and Chief Thompson advised he did not feel there would be any problems regarding liability since the intern would be involved mainly with clerical work and would not be armed. He said the intern would be required to sign a liability waiver similar to those signed by civilian observers. - Arrangements had been made with 3M to place reflective tape on the street at Sailfish and Seaspray on August 16, 1990. - The City Manager distributed a memorandum from Bob Kosoy regarding the status of several Connelly & Wicker projects. 9. Mayor to call on City Commissioners, City Attorney, and City Clerk: A. Selva Linkside sign at 11th Street and Seminole Road Mayor Gulliford explained the Selva Linkside directional sign had been relocated from Plaza to the southwest corner of Eleventh Street and Seminole Road. He outlined the sequence of events regarding the permitting of the sign and explained a legal opinion regarding the legality of the permit had been rendered by Claude Mullis who had been the City Attorney at that time. An agreement had been reached and signed by both Mr. MacDonell and the City wherein the sign would be removed from Seminole Road and relocated on Plaza at the entrance to Selva Lakes and that the sign would be removed permanently on July 31, 1989. A letter had now been received from Mr. MacDonell indicating the sign would be reinstalled at the previously permitted site on Seminole Road. The Mayor said he was sympathetic to Mr. MacDonell's situation but felt the agreement should be honored. Bob Vincent, 1130 Seminole Road, said part of the agreement had required him to make public apologies regarding certain comments he had made. He said he made those apologies and he encouraged the City Commission to rescind the permit and remove the sign. PAGE EIGHT V V MINUTES NAME OF AUGUST 13, 1990 COMMAS. MSYN The City Attorney advised that since the letter of agreement was written after permit was issued, the written agreement would supersede the permit. Cook x Motion: Authorize City Attorney to instruct Mr. MacDonell to Edwards x remove the sign by August 20, 1990, or have sign Tucker x x removed by the city Weldon x x Gulliford x After further discussion, the question was called and the motion carried unanimously. B. Discussion and related action relative to memo on agreement with DOT Mayor Gulliford presented a draft of an agreement between the city and Department of Transportation regarding the planting of palm trees in the median on Atlantic Boulevard. He said monies were available through the Chamber of Commerce for this project and he asked the wishes of the City Commission. Cook x Motion: Authorize Mayor to execute agreement between the Edwards x x city and Department of Transportation relative to Tucker x x planting of palm trees in the median on Atlantic Weldon x Boulevard Gulliford x No discussion before the vote. The motion carried unanimously. - Mayor Gulliford reported he had received a request for recycling containers to be placed at the beach accesses. He said a considerable amount of recyclable materials was being thrown away and asked that this request be considered. - The Mayor said he had been in contact with representatives from the River City Band and plans are under way for an open air concert in Russell Park in November. - The Mayor confirmed that the Commissioners had received a letter from Greenpeace regarding the affects of lighting on beach front homes on newly hatched sea turtles. He said Vero Beach had recently passed an ordinance regulating beach front lighting. Mayor Gulliford had spoken with the City Manager of Vero Beach who was of the opinion the City of Vero Beach did not need the ordinance since they had voluntary beach patrols in the egg laying season. Eggs are protected in hatcheries and the hatchlings released at the appropriate time and they report great success with this procedure. The Mayor said his primary concern was the security of people and he requested that the beach front property owners be contacted in an attempt to educate them regarding the situation and requesting that voluntary efforts to reduce the lighting where possible be made on their part. • PAGE NINE V V MINUTES NAME OF AUGUST 13, 1990 COMMRS. MSYN There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 9:10 PM. The Mayor reconvened the meeting for the purpose of scheduling a budget workshop meeting. Said meeting was scheduled for 5 :00 PM Monday, August 27, 1990 in City Hall. The meeting was adjourned at 9:15 PM. t ..) nit/ t 41) William I. Gullifo.' Mayor/Presiding 0' ATTES4 T: 4244,41..44, 4,01,_ Maureen King, City Cltk August 13, 1990 To the Members of the City Commission: Extensive, detailed surveying has taken place in the 1800 and 1900 blocks on Selva Marina Drive . It appears that a sewer line is planned to pump the sewage from the city owned Buccaneer plant near the Mayport Naval Station to an enlarged Atlantic Beach plant on Sailfish Drive . Eventually Buccaneer could be shut down with all of the sewage from the Mayport area diverted to Atlantic Beach. Several severe problems must be faced by the citizens and taxpayers of Atlantic Beach as a result of the ill- considered purchase of Buccaneer a few years ago. It should be emphasized that most of the sewage generated by Buccaneer does not even originate in Atlantic Beach. First , is the cost which may approach $20,000,000 and which can be obtained only by increased sewage or property taxes on all Atlantic Beach residents . Second, the potential for a large increase in odor problems at many of the existing lift stations and at an enlarged Atlantic Beach sewage plant is real . Third, the area along Selva Marina Drive which has been maintained in a beautiful wooded state may be destroyed as the sewers and lift stations are built to miss the existing phone lines to the Mayport Naval Station, water lines , underground electric lines and other utilities . . Fourth is the lack of public discussion regarding such a costly and potentially harmful project to benefit an area which is not part of the City of Atlantic Beach. The name "Buccaneer" may be appropriate under the circumstances . Because of the severe impact upon the town, I request that the Commission now publically address the proposed project . William McGee 1813 Selva Marina Drive . ' . CITY OF 716 OCEAN BOULEVARD Vis► _ --_—— - P.O.BOX 26 ATLANTIC BEACH,FLORIDA 32233 0.t . TELEPHONE(904)249.2396 August 9, 1990 To: The Honorable Mayor and City Commissioners From: Jody Ford, Chairman, Beautification Committee L Subject: COMMITTEE RECOMMENDATION ON OCEANSIDE PROPOSAL Mr. Richard Pullem, representing the Oceanside Homeowners' Association, addressed the Beautification Committee at its regular meeting held on Wednesday, August 8, 1990. Realizing that the request by Mr. Pullem set a precedent for future action on such proposals, the Beautification Committee recommends the following guidelines be established and adhered to: 1. Requests can only be considered if they are made by an association, organization or a group of not less then twelve adjacent property owners; 2. The proposed landscaping plans must be developed with consideration toward the usage of shrubs and plants which are drought resistant, indigenous to the area, and require low cost maintenance; 3. If a sprinkler system is a part of the proposed plan, the group making the request must agree to pay the water fee; 4. The requesting party must sign a maintenance contract showing that they will be responsible for the proper maintenance of the area involved; 5. The requesting party must agree that the city will not be responsible for replacement and/or repair of the landscaped area in the event right-of-way construction is required. If the above requirements are met, it is recommended that the city waive the cost of the water meter requested and grant approval for the landscape enhancement plan.