Item 3AAGENDA ITEM # 3A
AUGUST 10, 2009
August 3, 2009
MEMORANDUM
TO: The Honorable Mayor
and Members of the Citv Commission
FROM:
City
SUBJECT: Fol]
Ferrell Gas Suit Settled; Following the bid award for construction of the Royal Palms Storm
Water Drainage Improvements and the related additive alternate cost for removal of the Ferrell
Gas tanks in the neighborhood, the Ferrell Gas litigation has been settled with the gas company
paying to the City the additive cost to remove the tanks.
Several years ago when the staff began planning for the reconstruction of storm water lines in the
Royal Palms Subdivision, it was quickly realized that several of the abandoned propane tanks
owned by Ferrell Gas would conflict with the upcoming work. There are over 301arge
abandoned propone tanks in the Royal Palms Subdivision. Ferrell Gas was requested to remove
their abandoned tanks to which they ultimately refused. The estimated cost to remove these
tanks was substantial. The City paid for a first tank to be removed as a test with a resulting cost
of equipment and manpower over $18,000. Because the City officials felt that it would be unfair
for the citizens of Atlantic Beach to pay for removal of equipment owned and previously
maintained by a private company, a suit was filed to force Ferrell Gas to remove the tanks. A
final resolution of this case was expected in the next few months. However, given the fact that
the additive cost for removal of the tanks came in well under the initial cost estimates, Ferrell
Gas quickly settled. the case.
A mutual Release along with a Joint Stipulation of Dismissal with Prejudice has been executed
and the City has now received a check from Ferrell Gas in the amount of $19,403.46. The tanks
will now be removed by the City's contractor with full payment having been received from
Ferrell Gas.
Resolution on San Pablo Island; The Commission adopted a resolution at the last meeting on
July 27 after making some changes to the original version that was included in the agenda
packet. The exact changes were not spelled out, but direction was provided to staff as to what
changes to make. Staff felt uncomfortable sending out a resolution without the Commissioners
having seen the fmal language, so astrike-through and underline version with the changes as
staff understands them is attached for your review. If it is not what was intended by the
Commission, then further direction is requested. If it is fine as is, no further action is needed.
AGENDA ITEM # 3A
AUGUST 10, 2009
RESOLUTION NO. 09-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE RECOGNITION OF THE USE OF SAN PABLO ISLAND AS
THE DESCRIPTIVE PHRASE FOR THE AREA KNOWN AS THE "BEACHES
OF JACKSONVILLE".
WHEREAS, "San Pablo Island is a barrier island separated from mainland Florida by
the Intercoastal Waterway, in Florida's First Coast region. Its northernmost extremity ends at the
St. Johns River, in Jacksonville, and is the location of Naval Station Mayport. Its southernmost
extremity ends at VllanO 13et~ch._- •"~°°`1 .,~,,• '_; !," ~ „*~'°. +~ • ~ arm„=~1,~-{~li}~}~}~-~~--(}}E_-]F~
e-~~-~.i~~-e~~~°~-nom-In between are the communities of Atlantic Beach, Neptune Beach,
Jacksonville Beach (all three in Duval County), Ponte Vedra Beach, Palm Valley_ and
Vilano Beach. (the latter i-three of St. Johns County)" ~°£ `x'~'r~~°-~~~~~, and
WHEREAS, The name "San Pablo" has significance in historical references to "San
Pablo Creek", (the Intracoastal Waterway) and "San Pablo Beach" in 1800's maps, and
WHEREAS, Resorts and communities located on barrier islands up and down the East
and West coasts use that "island" identity as a marketing tool and geographic location identifier,
and
WHEREAS, The use of San Pablo Island is a fitting use of a "Brand" for the Beach
Cities, resorts, hotels, restaurants, condominiums and the businesses and residents in our
communities,~_aru~
NOW THEREFORE BE IT RESOLVED that the City of Atlantic Beach supports the
~-introduction of the descriptive term "San Pablo Island" for all entities located on our barrier
island and encourages all businesses and citizens to add that "tag line" in correspondence; and
FURTHER BE IT RESOLVED that the City of Atlantic Beach will in the future
request appropriate signage to designate the area.
The City Commission thereupon declared the Resolution duly passed and adopted this 27th day
of July, 2009.
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
JOHN S. MESERVE
Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney