05-26-92 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, MAY 26, 1992, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of th . minutes of the regular meeting of May 11, 1992
and minutes of the Committee of the Whole meeting of May 18, 1992
2. Recognition of Visitors:
3. Appearances:
A. Gwen Nelson of Junior Womens Club of Jacksonville to explain the
Adopt-A-Shore Program
4. Old Business:
A. Discussion and related action regarding proposed settlement from
Ortega
B. Recommendation concerning proposal from Smith & Gillespie for
Consultant Resident Observation for AB WTP #1 & #2 project
(Public Works Director Robert Kosoy)
5. Consent:
A. Water and Sewer Committee report
B. Report and recommendation from the Recreation Advisory Board
6. Resolutions:
A. Adoption of Resolution #92-8 recognizing the life of George Bull
and his contributions to the City of Atlantic Beach and
presentation of same to the Bull family
B. Adoption of Resolution #92-13 authorizing the Mayor to negotiate
changes in the Interlocal Agreement to the City of Jacksonville,
and Interlocal Agreement Committee report (Ray Salman)
C. Adoption of Resolution #92-14 authorizing the City Attorney to
proceed with eminent domain proceedings on remaining portion of
Sixteenth Street
7. Ordinances:
A. Continuation of public hearing of Ordinance #40-92-17 regarding
Continental Cablevision's request to extend franchise
B. Introduction of Ordinance #40-92-18 regarding Continental
Cablevision's request to extend their franchise with the City of
Atlantic Beach
C. Final reading and public hearing of Ordinance #90-92-157
concerning garage sales
D. Final reading and public hearing of Ordinance #95-92-52
concerning flea markets
8. New Business:
A. Action by the City Commission to ratify union contracts with fire
fighters and public employees
B. Discussion and related action determining ownership of Selva
Marina Road
9. City Manager Reports and/or Correspondence:
10. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
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MEETING REMINDER: 5/26/92, 6: 15 P.M. CLOSED MEETING CONCERNING
COLLECTIVE BARGAINING-CITY HALL CONFERENCE ROOM
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 O O
PM ON TUESDAY, MAY 26, 1992 T T
E E
PRESENT: William I . Gulliford, Jr. , Mayor D D
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and M S
J. Dezmond Waters, III, Commissioners 0 E
T C
AND: Kim D. Leinbach, City Manager I O Y
Alan C. Jensen, City Attorney NAME OF ONEN
Maureen King, City Clerk COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Fletcher, was
followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of
May 11, 1992 . Edwards x x
Motion: Approve minutes of the regular meeting of Fletcher x
May 11, 1992 . Tucker x
Waters x x
No discussion before the vote. The motion carried Gulliford x
unanimously.
Item 6A was taken out of sequence and acted upon at this
time.
6A. Adoption of Resolution #92-8 recognizing the life of
George Bull and his contributions to the City of
Atlantic Beach and presentation of same to the Bull
family
Mayor Gulliford introduced in full, in writing,
Resolution 92-8, RECOGNIZING THE LIFE OF GEORGE BULL. Edwards x
Motion: Approve Resolution 92-8 TTuckerer x
ucker x x
Waters x x
No discussion before the vote. The motion carried Gulliford x
unanimously.
Mayor Gulliford introduced the family of George Bull and
thanked them for attending the meeting. He indicated a
plaque would be prepared for the family, and a plaque
would be placed in the City Hall .
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2. Recognition of Visitors:
There were no visitors.
3. Appearances:
Gwen Nelson, of the Junior Women' s Club of Jacksonville,
presented the Adopt-a-Shore agreement which indicated the
Club would conduct three annual cleanups of the beach
located within the City.
Edwards x x
Motion: Authorize the Mayor to sign Adopt-A- Fletcher x x
Shore Agreement with the Junior Women's Club Tucker x
of Jacksonville Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
Mayor Gulliford reported he had spoken to Mr. Brantley,
DNR, concerning the city' s desire to place tape around
sand dunes to protect the Sea Oats. The Mayor reported
he was informed the City would be allowed to place tape
to protect Sea Oats, but it would be necessary to obtain
a field permit from the DNR, prior to starting the work.
The Mayor indicated the tape would not block access to
the beaches.
4. Old Business:
A. Discussion and related action regarding proposed
settlement from Ortega
Mayor Gulliford asked if a Representative from Ortega was
present. No one came forward.
Edwards
Motion: Meet Ortega half-way, in their two- Fletcher
part request, by certifying Ortega is a Tucker
responsible contractor under the evaluation Waters x
criteria employed by the City of Atlantic Gulliford
Beach
The motion died for lack of a second.
City Attorney Alan Jensen indicated he would like some
direction so that he could respond to Ortega in writing.
He added if the Commission approved the Water and Sewer
Committee Report, which contained a recommendation
relative to Ortega, that action would give him
direction.
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Edwards x
Motion: Accept the Water and Sewer Committee Fletcher x x
Report dated May 19, 1992 (copy attached Tucker x
herewith and made a part hereof) Waters x x
Gulliford x
Commissioner Fletcher gave a brief synopsis of the
recommendation contained in the Water and Sewer Committee
Report. He indicated the Committee felt the Atlantic
Beach Water Treatment Plant #1 and #2 bid was awarded
correctly.
The question was called and the motion was defeated on a
vote of 1-4.
B. Recommendation concerning proposal from Smith &
Gillespie for Consultant Resident Observation for
Atlantic Beach Water Treatment Plant #1 & #2 project
Ernest Beadle, Assistant to the Public Works Director,
reported the Water and Sewer Committee concurred with the
staff recommendation to accept the proposal of Smith &
Gillespie Engineering, Inc. He reported four consultant
engineering firms submitted proposals and Smith and
Gillespie was the top rated firm for the project.
Commissioner Fletcher reported it was the desire of the
Water and Sewer Committee to have a Resident Observer,
loyal to the City and hired by the City, at the
construction and renovation of the water treatment plants
in Atlantic Beach. He indicated the work would entail
being the day-to-day observer for the City at the water
treatment plants throughout the construction. He
indicated all the proposals were evaluated through the
bid process.
The City Manager indicated he agreed with the
recommendation, and he added he did not think the funds
had been adequately identified. He recommended
Commission proceed subject to the Finance Director and
the City Manager identifying the available funds to
proceed.
Motion: Accept proposal from Smith & Edwards x x
Gillespie to provide professional services Fletcher x x
during construction for Atlantic Beach Water Tucker x
Treatment Plant #1 & #2 Project, not to exceed Waters x
$21,799.38. Resident Observation during Gulliford x
construction not to exceed $44,000.00.
Stipulation: the City Manager and the Finance
Director shall identify the available funds to
proceed.
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No discussion before the vote. The motion passed
unanimously.
5. Consent Agenda:
A. Water and Sewer Committee report
B. Report and recommendation from the Recreation
Advisory Board
Rose Blanchard, Director of Parks and Recreation,
reported the Recreation Advisory Board report would be
given by Jeff Croom. Item 5B was withdrawn from the
Consent Agenda and acted upon separately.
Edwards x x
Motion: Approve consent agenda, Item 5A Fletcher x
Tucker x x
No discussion before the vote. The motion carried Waters x
unanimously. Gulliford x
5B. Report and recommendation from the Recreation
Advisory Board
Jeff Croom reported on behalf of the Recreation Advisory
Board. A copy of the report is attached herewith and
made a part hereof.
The Commission accepted the recreation Advisory Board
report.
6. Resolutions:
A. Resolution #92-8 (this was acted upon earlier in
meeting)
B. Resolution #92-13
Mayor Gulliford introduced Ray Salman, Chairman of the
Citizens Fact Finding Committee. He asked Mr. Salman to
give a report and he indicated after the report was
given, the Resolution would be acted upon. He also
introduced Jim Jarboe who assisted Mr. Salman.
Mr. Salman explained on June 10, 1991 Mayor Gulliford
asked him to be Chairman of a Fact-Finding Committee to
review facts relative to the Inter-Local Agreement with
the City of Jacksonville. He explained the Committee
consisted of nine members.
Mr. Salman distributed a report to the Commission
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concerning the Committee' s Review of Revenues and
Expenditures under the Inter-Local Agreement. He
reported that based on the revenue and expenditure data
provided to the Fact Finding Committee on the Inter-Local
Agreement, the City of Jacksonville admitted that for the
current Fiscal Year the 18.8% minimum differential
required in the 1982 agreement was more properly, 27. 5%.
He indicated the Fact Finding Committee' s analysis of the
City of Jacksonville data showed, in their view,
seriously underestimated revenues from Atlantic Beach
residents, and inappropriate, and, in some cases,
inflated expenditure projections related to Atlantic
Beach.
Mr. Salman stated, while the City of Jacksonville
admitted also that Atlantic Beach revenues exceeded
expenditures by just over $487, 000, the Committee' s
estimates were that the differential between revenues and
expenditures was approximately $3, 468, 529, which
represents a millage rate of 9 .4 mils. He added this was
the same levy placed against Atlantic Beach residents by
Duval County.
Mr. Salman reported the data made available by the City
of Jacksonville clearly pointed out that the revenue
received from residents of Atlantic Beach by the County
Government was excessive. He suggested the Commission
consider several options to address the inequitable
situation: ( 1 ) a reduction in millage for Atlantic Beach
residents, ( 2 ) a combination of a millage reduction for
Atlantic Beach Residents and a rebate of revenue to the
City of Atlantic Beach, and ( 3 ) a negotiation procedure
between Atlantic Beach and the City of Jacksonville. He
requested, on behalf of the Committee, that the City
Commission authorize by resolution the Mayor to begin
formal negotiations with the Mayor and City Council of
Jacksonville.
Jim Jarboe complimented the Committee for the thorough
job they had done.
Commissioner Waters thanked the Mayor for pursuing this
matter for the past four years, and he thanked Mr. Salman
for his hard work.
Resolution 92-13
Mayor Gulliford presented in full, in writing, Resolution
92-13: A RESOLUTION OF THE CITY OF ATLANTIC BEACH
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AUTHORIZING THE MAYOR TO NEGOTIATE WITH THE CITY OF
JACKSONVILLE IN ORDER TO SEEK A FAIR ADJUSTMENT TO THE
INTER-LOCAL AGREEMENT. Edwards x
Fletcher x x
Motion: Approve passage of Resolution 92-13 Tucker x
Commissioner Fletcher stated it was important to Waters x x
communicate how serious the City of Atlantic Beach was Gulliford x
concerning this matter.
The Mayor referred to the City of Jacksonville budget of
July 1st. He hoped Jacksonville would act quickly so
that the matter could be addressed in their budget.
The question was called and the motion carried
unanimously.
C. Resolution #92-14
Mayor Gulliford introduced in full, in writing,
Resolution No. 92-14: AUTHORIZING THE CITY ATTORNEY TO
INITIATE EMINENT DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE
CERTAIN PROPERTY NEEDED FOR PUBLIC PURPOSES.
Edwards x
Motion: Approve Resolution 92-14 Fletcher x
Tucker x x
No discussion before the vote. The motion carried Waters x x
unanimously. Gulliford x
7. Ordinances:
A. Continuation of public hearing of Ordinance #40-92-17
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, EXTENDING THE EXISTING FRANCHISE OF
CONTINENTAL CABLEVISION THROUGH MAY, 2005, REDUCING THE
BOND REQUIREMENTS, AND PROVIDING AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance
#40-92-17, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience. Since no one spoke for or against the matter
the Mayor declared the Public Hearing closed.
Edwards x
Motion: Defeat Ordinance #40-92-17 Fletcher x x
Tucker x x
Waters x
Gulliford x
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It was determined the ordinance must be rewritten and
since it would involve substantial changes, a new
ordinance would be introduced.
The question was called and the motion carried
unanimously.
Mayor Gulliford presented in full, in writing, Ordinance
40-92-18 on first reading:
ORDINANCE NO. 40-92-18 DELETING ORDINANCE NOS. 40-79-9,
40-80-10, 40-80-11, 40-85-12, 40-85-13, 40-87-15 AND 40-
89-16 IN THEIR ENTIRETY AND PROVIDING FOR THE GRANTING OF
A NON EXCLUSIVE FRANCHISE TO OPERATE A CABLE TELEVISION
SYSTEM IN THE CITY OF ATLANTIC BEACH; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE;
PROVIDING FOR CITY REGULATION OF THE CABLE TELEVISION
SYSTEM; PROSCRIBING PENALTIES FOR VIOLATION OF THE
FRANCHISE PROVISIONS; AND ESTABLISHING GENERAL RULES FOR
THE APPLICATION PROCEDURES REQUIRED BEFORE GRANTING A
FRANCHISE.
Edwards x
Motion: Approve passage of Ordinance No. 40- Fletcher x x
92-18 on its first reading and set public Tucker x x
hearing for June 8, 1992 Waters x
Gulliford x
Ray Salman reported Continental Cable had recently sent
out notices of a rate increase. He indicated city
governments have no control over rates charged by cable
companies.
The question was called and the motion carried
unanimously.
C. Ordinance #90-92-157 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, AMENDING CHAPTER 24, ZONING AND
SUBDIVISION REGULATIONS, ARTICLE II, LANGUAGE AND
DEFINITIONS, AMENDING SECTION 24-17 TO ADD A DEFINITION
FOR GARAGE SALE, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, ordinance
No. 90-92-157, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience. Since no one spoke for or against the matter
the Mayor declared the Public Hearing closed.
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Edwards x
Fletcher x
Motion: Approve passage of Ordinance No. 90- Tucker x x
92-157 on final reading Waters x x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
D. Final reading and public hearing of Ordinance #95-92-
52
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, AMENDING CHAPTER 13, OFFENSES, ARTICLE
1, IN GENERAL, BY ADDING SECTION 13-11, FLEA MARKETS, AND
PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, ordinance
No. 95-92-52, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience. Since no one spoke for or against the matter
the Mayor declared the Public Hearing closed. Edwards x
Motion: Approve passage of Ordinance No. 95- Fletcher x
92-52 on final reading Tucker x x
Waters x x
No discussion before the vote. The motion carried Gulliford x
unanimously.
8. New Business:
A. Action by the City Commission to ratify union
contracts with fire fighters and public employees
Motion: Ratify the agreement between the City Edwards x x
of Atlantic Beach and Professional Fire Fletcher x
Fighters of Jacksonville Beach Local 2622, Tucker x
IAFF, AFL-CIO-CLC, through September 30, 1992 Waters x x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
Motion: Ratify the agreement between the City Edwards x x
of Atlantic Beach and the Northeast Florida Fletcher x
Public Employees Local 630, LIUNA, AFL-CIO, Tucker x
February 17, 1992 through September 30, 1994 Waters x x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
B. Discussion and related action determining ownership
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of Selva Marina Roads
Mayor Gulliford referred to a meeting that was held May
18, 1992 to discuss ownership and maintenance relative to
some streets in the Selva Marina area that are not
dedicated rights-of-way.
Commissioner Fletcher gave a brief summary of the meeting
that was held with homeowners. He reported it was
determined trees were very important to the neighborhood
and it was felt they should be preserved except when it
comes to safety reasons. It was conveyed by homeowners
that they would like to have some assistance from the
city in maintaining the streets. It was felt some
streets had become a public thoroughfare and that should
be taken into consideration. It was brought out if the
City assumed full responsibility of the streets it would
be necessary to bring them into compliance with city
codes which would incur major expenditure. It was felt
benefits were not being derived from gas tax money.
Commissioner Fletcher stated Atlantic Beach had an
aesthetically unique environment which should be
maintained, and he suggested amending the ordinance that
requires major infrastructure to create a new type of
street, perhaps a "meandering street" which would not
have the same requirements for construction as the
existing ordinance.
Mayor Gulliford referred to a memorandum the City Manager
wrote dated May 20, 1992 indicating various avenues that
could be considered by the Commission. Mayor Gulliford
read the memorandum in its entirety and it is attached
hereto and made a part hereof. Mayor Gulliford stated
the first step had to be to ascertain ownership of the
streets, as well as designating the streets that had
become thoroughfares.
The Mayor appointed a Committee to study this matter
consisting of the following members: City Manager,
Police Chief, Commissioner Waters, James Porterfield,
1825 Hickory Lane; Eugene Barnette, 1841 Selva Marina
Drive; Chuck Metzler, 1800 Live Oak Lane; John Mann, 1907
Hickory Lane; and Kenneth Rogosheske, 1810 Sevilla Blvd. ,
#306.
Alan Potter suggested homeowners research their own legal
documents and provide this information to the Committee.
It was decided the City Clerk' s office would copy for
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homeowners ' legal documents to be provided to the
Committee.
10. Mayor to call on City Commissioners, City Attorney
and City Clerk:
The City Manager reported parking stickers were available
for purchase at the City Hall.
The City Manager reminded the Commission it had indicated
its desire to have a joint meeting with the Code
Enforcement Board. It was suggested a meeting would be
held in the near future. The Mayor suggested the purpose
of the meeting would be to simply share the desires and
vision of the Community with the Board, and make the
Board aware the Commission is willing to assist in any
way.
The City Manager asked Finance Director Kirk Wendland to
speak concerning Solid Waste Ordinance #80-91-45. The
Finance Director explained multi-residential units were
not being charged properly. He presented Resolution 92-
15 that would give the City Manager authority to adjust
bills to reflect the proper rates for multi-residential
units, only. The Finance Director explained Solid Waste
Ordinance #80-91-45 would be amended in the near future
to correct this discrepancy.
Resolution #92-15
Mayor Gulliford introduced in full in writing Resolution
No. 92-15: Authorizing City Staff to Adjust Utility
Bills of Customers Classified as "Multi-Family
Residential" to Reflect the Intent of the Utility
Committee in Ordinance No. 80-91-45.
Edwards x x
Motion: Approve passage of Resolution #92-15 Fletcher x x
Tucker x
No discussion before the vote. The motion carried Waters x
unanimously. Gulliford x
City Attorney Alan Jensen referred to the Mayport Road
bore and jack project. He stated approximately six
months ago he was authorized to proceed with condemnation
of the easements necessary to construct and maintain
water lines connecting Atlantic Beach with Buccaneer. He
reported there were twelve property owners involved and
he had been able to get signed easements from eleven
property owners. One property owner had not yet signed
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and the City Attorney requested authorization, along with
the City Manager and the Mayor, to negotiate an amount to
pay to that particular property owner. He reported the
amount exceeded the authorized amount by the City
Manager, and he requested authorization to negotiate up
to the amount of the appraisal, for the sole remaining
piece of property.
Edwards x x
Motion: Authorize City Attorney to negotiate Fletcher x
an amount not to exceed the appraised value on Tucker x x
the sole remaining piece of property in the Waters x
condemnation of easements necessary to Gulliford x
construct and maintain water lines connecting
Atlantic Beach with Buccaneer (Mayport Road
bore and jack project)
No discussion before the vote. The motion carried
unanimously.
Commissioner Fletcher announced "Dancing in the Streets"
a Town Center Project would be held Saturday, May 30,
1992.
Commissioner Fletcher commented that the Palm Trees on
City Hall property were dying. The City Manager replied
the trees should be replaced by the Contractor;however,
it appeared the City, rather than resort to legal action,
would replace the trees.
Commissioner Waters commented on restaurants that serve
alcohol and the amount of people that attend the standing
bar areas in those restaurants, thus complicating parking
arrangements in the town. He felt this type of situation
should be looked at more closely in the future.
Mayor Gulliford reported Atlantic Beach participation in
recycling exceeded 80% and he commended the residents for
their diligence in recycling.
Mayor Gulliford indicated the City received a response
from the City of Jacksonville concerning the Florida
Barge Canal Funds. He reported the City of Jacksonville
was supportive of Atlantic Beach and requested the
earmarking of a special project for consideration. The
Mayor asked staff to address this matter.
Mayor Gulliford asked that a copy of the report
concerning the Inter-Local Agreement be sent to Neptune
Beach, Jacksonville Beach, and the Town of Baldwin.
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There being no further business the meeting ad •urned at
9 :00 p. m.
I i11
I A I t"Y
‘Ti Liam I . ul 'rd
Mayor/Presiding 0.1
• $er
A T T E S T:
Maureen Kind`, City/ Clerk
AB 1273
19 �1
•
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<r� = CITY OF
• Eeete4 - '6rll4141
1200 SANDPIPER LANE
____ ATLANTIC BEACH,FLORIDA 32233-4381
TELEPHONE(904)247-5834
,pq , FAX(904)247-5843
May 19, 1992
MEMORANDUM
TO: Kim D. Leinbach/City Manager
FROM: Robert S. Kosoy/Director of Public WorksVc/44,
RE: WATER AND SEWER COMMITTEE MEETING #18
On May 15, 1992 Commissioner Lyman Fletcher, Alan Potter, Dr.
Ray Salman, Harry McNally and Kirk Wendland, George Worley,
Bob Kosoy met to discuss water and sewer projects. Mssrs.
Jay Wangeun and Ken Rogosheskie from Sevilla Condominiums
joined the Committee to discuss Item 1.
•
1. Utility Billing for Trailer .Parks, etc •
•
The gentlemen from Sevilla Condominiums did not agree
with their sewer charges as shown on their bill. The
Committee explained some confusing language in the
ordinance and the need to correct the language.
It was the intent to make the rates fair, i. e. to bill
everyone $1. 00 per thousand gallons of water and $2. 25
per thousand gallons for sewer.
2. Purchase of Additional Land at Buccaneer WWTP
The owners of the adjoining property needed for expansion
of the plant appear to be ready to sell the property.
Harry McNally suggested that monies could be obtained
from Restricted Funds for Sewer Plant, Capital
Improvements. The Committee recommended that a
reasonable offer be made to the owners, Crum/Shackleton
Partnership.
Continued
3. Status of Buccaneer WWTP Expansion (Surge Tank)
A. Odor Complaints - Harry McNally responded to RESD
(Regulatory Environmental Services Division)
regarding their report on odor complaints. Several
complaints do not appear to be attributable to our
WWTP and the two complaints are from the adjoining
property owner.
B. Flovmeter - A flowmeter has been specified by Gee
and Jenson and a design plan (a pit with gravel
bottom) is needed for its installation. Bob Kosoy
will contact David Bolam to get plan.
C. Conveyors - Alan Potter contacted Mr. Hinson from Hy-
trol regarding the replacement conveyors and he was
surprised that his local representative had not
contacted the City or their Engineer regarding
replacements. The Committee recommended that the
construction contract remain open until the new
conveyors have been furnished.
D. Screens - The installation of the second screen is
necessary but should not be included as part of this
project. The proposed course of action is:
1. Declare single source for equipment
2. Modify plant drawing by Gee & Jenson (no expense
to City)
3. Solicit proposals from Contractors
E. Project Close-Out - The completion date, per Change
Order #1 is May 21, 1992. The Committee recommended
that approximately 2-3 additional weeks be added to
the contract time to resolve the conveyor issue (See
Item 3-C) . Alternatively, the contract could be
closed out by May 21, 1992 if the Contractor will
reduce the contract price by approximately $5, 000. 00.
4. Ortega Request for Payment
The Committee discussed Ortega's request for payment to
avoid a threat of further litigation regarding the AB WTP
#1 & #2 bid award. Since Circuit Court Judge Mattox
Hair ruled against Ortega's request for an injunction and
City personnel acted in accordance with City ordinances,
with the best interests of the City at heart, it was
recommended by the Committee to refuse their request.
Continued
5. Habitat Request for Two Homes on Francis Avenue
The Committee recommended that the two homes not be
swapped with Beaches Habitat since expansion of the
Atlantic Beach WWTP would proceed westerly. Adequate
buffering is required for other homes.
6. Resident Observation at AB WTP #1 & #2
Proposals were received from Flood, Gee & Jenson, J.
Lucas & Associates and Smith and Gillespie. The
Committee supported staff 's recommendation to begin
negotiations with Smith and Gillespie.
7. Coquina Place Well
Bob Kosoy will prepare a draft letter to HRS's Chris
Carter advising that the well is still a problem and HRS
has the authority to require hookup to City services. We
previously submitted the names of the known property
owners to HRS and HRS should advise these people again
that the well is considered a health hazard.
8. Tiffany by the'Sea Request for Reimbursement •
Bob Kosoy reviewed the file for this development and the
Committee discussed several issues requiring resolution
prior to considering any rebates that may be due to the
Developer. It was agreed that Bob Kosoy would prepare a
letter to the Developer outlining the issues.
RSK/tb
cc: Attendees
File - 92- WSCR
City of Atlantic Beach
Parks & Recreation Department
716 Ocean Boulevard
Atlantic Beach, Florida 32233-5400
RECREATION ADVISORY BOARD MEETING, MAY 14, 1992 7:30 pm
AGENDA
1. Call to order
2. Approval of minutes of March 12, 1992 meeting.
3. Discussion and plans for a SUNDAY AFTERNOON IN THE PARK (Musical)
4. Reports by Recreation Director Re:
1. Spring Festival held May 9, 1992
2. Use of Community Center by Carson Merry Baillie & fee waiver
3. Authority to City Manager for decisions on use, also "Public
Purpose" to be defined.
4. Plans to bring Community Center into compliance with the
Fire Codes.
5. Plans to build 2 story Concession Stand, Restrooms, Press
Boxes, space for use by YMCA
6. Ultimately moving Modular to Donner Park
5. Comments and Recommendations by Members to City Commission at next scheduled
%meeting of Commission on May 26, 1992. Members are asked to plan to be there.
6. Adjourn
NEXT MEETING OF THE RECREATION ADVISORY BOARD IS SCHEDULED FOR JUNE 11, 1992
at which time the needs of the Dept. will be discussed - for the 1992-93 BUDGET.
P L EAS E B E HERE ! !
•
May 20, 1992
William I . Gulliford
Mayor
City of Atlantic Beach, Florida
Dear Bill:
Even though not specifically requested to do so , I would like to
make a brief staff report for your edification in relation to the
issue of ownership and maintenance of the streets in the Selva
Marina area.
Perhaps this is redundant , however , there are a number of issues
that you and the Commission may want to take into account . The
first involves the distinction between maintenance and major
reconstruction. While the City Attorney has indicated the City
may intrude into repair of private streets should there be an
emergency type of public purpose at stake, my question concerns
the drawing of the line between maintenance and major repair.
Second, who and under what criteria is an emergency declared?
Are the streets indeed so deteriorated to threaten the health and
welfare of the public? I think this needs to be carefully
scrutinized. Third, what precedence will be established in
regards to the other private developments throughout the
community? Will we now be expected to maintain these streets as
well? I believe we must take this into consideration as a
distinct possibility . Fourth , will the City assume any greater
liability should there be a lawsuit or other legal action in
reference to the additional level of service provided if so
chosen by the Mayor and City Commission? Finally , does the
developer and/or those receiving the benefit of what I presume to
be less costly improvements have any responsibility including
financial for their (ie . the roads) upgrading?
Should you and this Commission establish a policy wherein the
City will accept maintenance of the streets as noted above , there
are a few alternatives you may wish to consider. The primary
purpose is to establish the vehicle wherein ownership is retained
by the residents and/or development company with a provision
allowing the City to make repairs . One suggestion encompasses
the establishment of some (super) homeowners association. A
second might be the granting of easements for the purpose of
maintenance of the streets although this may be a very cumbersome
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enterprise with all the owners involved. A third could include
the establishment of some sort of special district , the legality
of which needs to be checked. A fourth alternative could involve
the creation of a special assessment project . Ultimately, the
owners may wish to dedicate the rights-of-way to the City for
perpetual maintenance and care.
These are only some ideas or concepts you may wish to consider.
I concur with Commissioner Fletcher and point out we do have time
to evaluate the matter thoroughly. Perhaps you might wish to
consider the appointment of a committee consisting of myself
and/or applicable staff members , one or two residents of the
Selva Marina area and an elected official such as yourself or
other Commission member. I would think the City Attorney should
be an ex-officio member and called upon as needed in terms of
providing legal answers as necessary . This committee could
evaluate the various alternatives and suggest a course of action
for your consideration.
I hope this information is of use to you and will be most happy
to pursue whatever course of action you choose to proceed.
Sincerely ,
Kim D. Leinbach
City Manager
KDL. dst
REF: KDL. 6 :