Loading...
01-13-92 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, JANUARY 13, 1992, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag lir 1. Approval of the minutes of the regular meeting of December 9, 1991 and Special Meeting of December 16, 1991 2. Recognition of Visitors: 3. Resolutions: A. Resolution #92-1 authorizing facsimile signatures on City checks B. Resolution #92-2 to provide additional budgets to various departments 4. Old Business: A. Request from Burton and Associates for payment of additional invoice 5. Consent Agenda: A. Approve Proclamation proclaiming January 18, 1992 as Arbor Day B. Approval of Commission to authorize the Mayor's signature on the 911 User Fee Interlocal Agreement C. Approval to pay At-las £±eeLitc- Motnr`-s invoice of $7,482 D. Report relative to usage of the Adele Grage Community Ctr (P&R Director Rose Blanchard) 6. Ordinances: A. First reading and public hearing of Ordinance #58-92-17 amending the retirement system 7. New Business: A. Introduction of proposed solid waste ordinance draft (Theresa Todd, Solid Waste Chairperson) B. Approval of acceptance of lowest bid for repairs of #2 and #4 water pumps and motors (Public Works Director Robert Kosoy) C. Discussion and related action relative to contractor payment- Section H (Public Works Director Robert Kosoy) D. Hydraulic sludge truck cover report (Public Works Director Robert Kosoy) E. Approval of sewer service applications for Oaks of Atlantic Beach and Naval Child Care Facility (Public Works Director Kosoy) F. Request to waiver solicitation of bids for a/c recovery unit (Public Works Director Kosoy) G. Discussion and related action relative to Fleet Landing (Public Works Director Robert Kosoy) H. Discussion and related action relative to a water main on Gavagan Road (Public Works Director Robert Kosoy) I. Discussion and related action concerning a policy for purchasing from firms owned by office holders (Mayor William Gulliford) 8. City Manager Reports and/or Correspondence: A. Regional Planning Council report (City Planner George Worley) B. Proposal for extended City Hall hours 1111- 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Approval to fill two vacancies on the Code Enforcement Board and Community Development Board and one position on the Tree Board Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JANUARY 13, 1992 V V O O PRESENT: William I. Gulliford, Jr. , Mayor T T Glenn A. Edwards E E Lyman T. Fletcher D D Adelaide R. Tucker, and J. Dezmond Waters, III, Commissioners M S AND: Kim D. Leinbach, City Manager 0 E Alan C. Jensen, City Attorney T C Maureen T. King, City Clerk I 0 Y NAME OF ONEN 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 December 9, 1991, and Special Called Meeting of December 16, 1991 Edwards x x Motion: Approve minutes of the regular meeting of December Fletcher x 9, 1991 Tucker x x Waters x No discussion before the vote. The motion carried unanimously. Gulliford x Edwards x x Motion: Approve minutes of the Special Called Meeting of Fletcher x December 16, 1991 Tucker x Waters x x No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of Visitors: J.P. Marchioli, 414 Sherry Drive, reported his automobile which had been parked in front of his house, was damaged by an Atlantic Beach police officer responding to an emergency call on the morning of December 28, 1991. Mr. Marchioli said he was not satisfied with the figure the city' s insurance company had offered in settlement of the claim. After discussion the matter was referred to the City Manager to determine the value of the vehicle and contact the insurance company to see if they would consider increasing the amount of settlement. Motion: Accept the responsibility for the difference between Edwards x what the insurance company pays and the reasonable Fletcher x x value of the vehicle as determined by the City Tucker x x Manager, and check into whether funds were available Waters x to help compensate Mr. Marchioli Gulliford x In further discussion Mr. Marchioli said he had planned to sell the car for approximately $4,000 and indicated that the insurance company had offered approximately $2,500. After further PAGE TWO MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN discussion, the question was called and the motion carried unanimously. Discussion then ensued regarding a rental car for Mr. Marchioli while the claim was being resolved. It was pointed out the city's insurance company had provided a rental car for one week and Mr. Marchioli was directed to check with his own insurance company to see if a rental vehicle was included in his coverage and advise the City Manager accordingly. Tom Morton, 1614 Coquina Place, reported a problem existed with a well which provided water to several homes in Ocean Grove. He explained the well, which was located on a lot on the southwest corner of the intersection of Coquina and Coral Streets, was leaking badly and he was concerned that if the well failed, several homes would be without water. Discussion ensued regarding ownership of the well and the Public Works Director explained research of city records indicated the well had not been dedicated to the city. The City Manager said he directed the Public Works Director to determine the cost of a temporary repair, following which he hoped a meeting between the property owners and city staff could be scheduled to consider the options available. He said he did not mean to suggest that the city should pay the cost of the repairs. Commissioner Fletcher said the Utilities Committee would like to see all residents on city water, and cautioned the city about performing any repairs on private property; however, he felt the city could undertake repairs if it became a health hazard. Edwards x Motion: Refer the matter to the Utilities Committee, have 'Fletcher x x the water tested, and authorize the committee to ITucker x work with the property owners to resolve the matter Waters x x Gulliford x After further discussion, the question was called and the motion carried unanimously. In the meantime Commissioner Fletcher requested that Mr. Morton secure as far as possible, the names and addresses of property owners who were served by the well, and possibly collect monies to hire a plumber to inspect and evaluate the well. 3. Resolutions: A. Resolution No. 92-1 Mayor Gulliford introduced in full, in writing Resolution No. 92-1: A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING FACSIMILE SIGNATURES ON CITY CHECKS PAGE THREE MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN Edwards x x Fletcher x Motion: Approve passage of Resolution No. 92-1 Tucker x x Waters x In discussion before the vote, Commissioner Waters inquired why the Gulliford x Mayor was not approved to sign checks. Mayor Gulliford pointed out in accordance with the provisions of the Charter the City Manager was the chief administrative officer of the city and he felt signing checks was an administrative matter. B. Resolution No. 92-2 Mayor Gulliford introduced in full, in writing Resolution No. 92-2: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS. Edwards x x Motion: Approve passage of Resolution 92-2 Fletcher x Tucker x In discussion before the vote, Commissioner Tucker asked for Waters x x further explanation of "other current obligations" and Finance Gulliford x Director Royal explained this was for legal expenses in connection with contract negotiations with three unions which had been higher than anticipated. The question was called and the motion carried unanimously. 4. Old Business: A. Request from Burton and Associates for payment of additional invoice The City Manager provided the City Commission with a report summarizing the contract with Burton and Associates. He said it was his opinion Mr. Burton did not solicit and obtain the city's authorization for the additional work and it was his opinion, subject to the City Attorney's review, that the city would not be legally responsible for the additional costs. In further discussion it was pointed out the city had already paid the "not to exceed" figure for phases 1 and 2. Phase 3, regarding bond refinancing, had been deleted from the agreement since no bond work had been involved. The agreement with Burton and Associates indicated phase 4 would be completed at a cost not to exceed $17,900. After brief discussion it was the consensus the invoice for an additional $21,942 should not be approved. The City Manager was directed to write to Mr. Burton explaining the action of the City Commission. 5. Consent Agenda: A. Approve Proclamation proclaiming January 18, 1992 as Arbor Day • PAGE FOUR MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MS Y N B. Approval of Commission to authorize the Mayor's signature on the 911 User Fee Interlocal Agreement C. Report relative to usage of the Adele Grage Community Center Edwards x Fletcher x Motion: Approve passage of Consent Agenda Tucker x x Waters x x No discussion before the vote. The motion carried unanimously. Gulliford x Commissioner Fletcher invited those present to attend the tree sale in Russell Park on Arbor Day. Carl Walker also reported the local chapter of the DAR was going to donate a tree to the city and this tree would be planted in Russell Park on January 17. 6. Ordinances: A. Ordinance No. 58-92-17 - First Reading Mayor Gulliford introduced in full, in writing, Ordinance No. 58-92-17: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 3: RETIREMENT SYSTEM, INCREASING UNDER SECTION 2-290 THE PERCENTAGE OF FUND ASSETS ALLOWED TO BE INVESTED IN QUALIFIED STOCKS, AND PROVIDING AN EFFECTIVE DATE. Motion: Approve passage of Ordinance No. 58-92-17 Fletcher x Waters x In discussion Commissioner Waters said he preferred a more gradual change in increasing the percentage of assets allowed to be invested in stocks and offered a substitute motion. Edwards x Substitute Motion: Amend section 2-290(2) to read fifty Fletcher x x percent (50Z) and approve passage of ordinance No. Tucker x 58-92-17 as amended Waters x x Gulliford x The question was called and the motion carried on a 4 - 1 vote with Commissioner Tucker voting nay. 7. New Business: A. Introduction of proposed solid waste ordinance draft Mayor Gulliford acknowledged receipt of the draft of the new solid waste ordinance and suggested this be referred to city staff for their review. Theresa Todd, Chairman of the Solid Waste Committee, said she would be willing to meet with city staff at their convenience. It was agreed that city staff would review the draft and present it to the City Commission for first reading at the first meeting in February. B. Approval of acceptance of lowest bid for repairs of No. 2 and No. 4 water pumps and motors • PAGE FIVE MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN Tim Townsend explained the two pumps had reached the state where complete overhaul would be needed to keep them serviceable and operating efficiently when demand at the water plants increased in the spring and preclude the complete failure of the units. He had received three quotes for the work and recommended the city accept the quote from Atlas Electric. Mr. Townsend was asked why the repairs were not bid out and whether the repairs were an emergency and he explained that bid specifications would be difficult to write and since the bidding procedure was time consuming he did not think the work would be completed in time to meet the heavy demand in the spring. Bob Kosoy expressed the opinion that the $2,500 purchasing cap was low for the water and sewer departments since many of the routine repair and maintenance jobs exceeded that figure. He felt that a $5,000 purchasing cap would be more realistic. The Mayor agreed and recommended implementation of this change. Edwards x x Motion: Authorize the expenditure of $4,980.00 to Atlas Fletcher x x Electric for repairs to the No. 2 and No. 4 water Tucker x pumps and motors Waters x Gulliford x No discussion before the vote. The motion carried unanimously. Tim Townsend was asked to provide a list of anticipated repair and maintenance jobs for the next meeting of the Utilities Committee. C. Discussion and related action relative to payment of Section H contractor Public Works Director Kosoy reported that Barco-Duval, the contractor on the Section H project, had requested payment of $187,582.00. He said he had met with representatives from Barco Duval and the engineers to discuss the remaining outstanding items. Progress had been made on several of these items and he felt the few items remaining would be covered by the retainage still being held by the city. Edwards x x Fletcher x x Motion: Authorize payment of $187,582.00 to Barco Duval for Tucker x work already completed in the Section H project Waters x Gulliford x Commissioner Waters said there had been a number of complaints about erosion of the swales and asked for assurance that the job had been satisfactorily completed. Mr. Kosoy said the few remaining items to be completed by the contractor would be covered by the retainage. He said he would submit a status report on the Section H project to the City Commission by the next meeting. The question was called and the motion carried on a 4 - 1 vote with Commissioner Waters voting nay. • PAGE SIX MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN D. Hydraulic sludge truck cover report Public Works Director Kosoy reported that the 40 cu. yd. roll-on, roll-off trash container had been purchased without a cover which is required by Florida law. A tarpaulin had been used but this required climbing onto the container to attach the cover and was somewhat hazardous. Mr. Kosoy recommended bidding the retrofitting of the truck with a hydraulically operated mesh cover. Motion: Authorize bidding for a hydraulically operated cover Edwards x for the 40 cu. yd. roll-on, roll-off container Fletcher x sludge hauler, specifications to be written in such Tucker x x a manner so that the manufacturers of at least three Waters x x different brands can meet the specifications Gulliford x No discussion before the vote. The motion carried unanimously. E. Approval of sewer service applications for Oaks of Atlantic Beach and Naval Child Care Facility Public Works Director Kosoy reported applications had been received for sewer service for Oaks of Atlantic Beach and the Naval Child Care Facility. Both developments propose to discharge wastewater to the Buccaneer wastewater treatment plant. The construction of the surge tank at Buccaneer is under way but Mr. Kosoy said he did not anticipate the additional capacity would be available until April 1992. Mr. Kosoy recommended signing the applications and adding a notation that flows could not be accepted until the surge tank had been completed. Mr. Kosoy also suggested that Oaks of Atlantic Beach be required to televise the lines using a vendor approved by the city, and any necessary repairs undertaken at the expense of Oaks of Atlantic Beach, thus precluding a situation such as Oak Harbor. Mr. Kosoy also suggested that Oaks of Atlantic Beach be required to connect to the city's water distribution lines and provide documentation that the existing wells had been sealed off in accordance with DER requirements, and provide the city with valve and water line prints. Finance Director Royal suggested that since the city had just revised the water and sewer rates, rates for the Naval Child Care facility be negotiated with the Navy. Motion: Approve applications for sewer service for Oaks of Edwards x Atlantic Beach and the Naval child care facility, Fletcher x in accordance with staff recommendations In discussion before the vote, James Lucas of Oaks of Atlantic Beach, said he had requested sewer connection to the Buccaneer system in order to comply with the City of Jacksonville' s require- ment that all small private utility plants must be eliminated and connections made to regional facilities. Oaks of Atlantic Beach • PAGE SEVEN MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN was required to connect to a regional system by March 10, 1992, but Mr. Lucas said he planned to request a one-year extension of that date. He said the lines would not be dedicated to the city and, therefore, the city would not be responsible for any maintenance. Discussion ensued relative to how Oaks of Atlantic Beach would be charged and Tim Townsend explained that there were other apartment complexes which were tied into the Buccaneer system. Mr. Townsend felt flow meters were not reliable and billing for these complexes was based on the number of units and no consideration was given to any infiltration which may occur. It was felt a procedure needed to be developed which would be applied consistently for all such developments connecting to the city systems. Edwards x Fletcher x x Substitute Motion: Defer action on the requests for sewer Tucker x x service until the meeting of January 27, 1992 Waters x Gulliford x No further discussion. The motion carried unanimously. F. Request to waive solicitation of bids for air condition recovery unit This item was withdrawn from the agenda. G. Discussion and related action relative to Fleet Landing City Manager Leinbach reported he had written the Haskell Company expressing concern about the failure of the Haskell Company to complete the work to improve drainage problems associated with the removal of the weir at Fleet Landing. A copy of Mr. Leinbach's letter along with the response from the Haskell Company is attached hereto and made a part hereof. H. Discussion and related action relative to a water main on Gavagan Road Harry McNally explained Centex Homes was building Cypress Creek subdivision and lift station on Gavagan Road. They proposed to install 285 feet of 2-inch PVC water main along Gavagan Road to the lift station. He said he would like to upgrade the line to an 8-inch line to accommodate future growth. Centex Homes had solicited bids to cover the cost of the larger water main and had submitted a price for this work. The city would be responsible only for $4,200.00, being the difference between the price of the 2-inch line and the 8-inch line, with all installation work being performed by Centex Homes. Mr. McNally explained funds had been budgeted for this 8-inch line and the proposal submitted by Centex Homes would represent a savings of approximately $9,000.00 to the city. • PAGE EIGHT MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN Edwards x Fletcher x x Motion: Authorize expenditure of $4,200.00 to upgrade the Tucker x x proposed 2—inch water main to 8—inch as requested Waters x Gulliford x No discussion before the vote. The motion carried unanimously. I. Discussion and related action concerning a policy for purchasing from firms owned by office holders Mayor Gulliford reported that his firm was a construction equipment dealership. As such he rented and sold equipment and parts. Typically, franchise agreements with manufacturers provided that there was only one dealership in a specific geographic area and since the city owned two JCB tractors he wished to point out that he had recently acquired the JCB franchise. For the city to purchase parts through either Orlando or other parts dealers who, in turn, would purchase the parts from his firm, would add to the cost of the parts. He said the City Attorney had indicated he had seen an Attorney General's ruling on this matter on this subject. Commissioner Waters felt that something should be able to be worked out so the city would not have to incur additional costs for parts which were available locally for less money. Following brief discussion, Mayor Gulliford asked that Commissioner Waters look into the matter and report back. 8. City Manager reports and/or correspondence: A. Regional Planning Council report City Planner George Worley reported that the Northeast Regional Planning Council (RPC) had adopted a rule requiring payment of a fee by local governments to the RPC for reviewing amendments to their comprehensive plans. The fees were based on population and for Atlantic Beach the fee would be $5,000.00. A number of smaller cities had expressed concern about the rule, primarily because RPC reviews were state mandated. They felt the state, not the local governments, should be responsible for reimbursing the RPC for their costs. Also of concern was the issue of double costs to the local governments because of the tax monies already paid to the counties for services which were based on population. The counties had already entered into interlocal agreements with the RPC and were, therefore, exempt from the fees. Also of concern was the apparent arbitrary amounts of the fees. Mr. Worley requested that the city express its opposition to the implementation of this rule and seek support from other local governments in the region for the revocation or equitable revision of this rule. • PAGE NINE MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN Edwards x x Motion: Direct staff to present recommended course of action Fletcher x that reflects the city's opposition to Regional Tucker x Planning Council Rule 29D-5 Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Proposal for extended City Hall hours The City Manager reported, as requested by the Mayor, he had discussed with City Hall staff the possibility of extending City Hall hours for the convenience of the citizens. In lieu of implementing Saturday morning service he recommended keeping City Hall open one day a week until 7:00 PM. He recommended this be implemented on a trial basis and detailed records kept as to the types of services provided, and re-evaluate the program after three months to determine whether it should be continued. Edwards x x Fletcher x x Motion: Implement the extended City Hall hours as Tucker x recommended by the City Manager Waters x Gulliford x No discussion before the vote. The motion carried unanimously. The City Manager provided each Commissioner with a status report on the various construction projects undertaken in 1991. The City Manager also provided a report on the Wonderwood Connector workshop which had been held on January 9, 1992. 9. Mayor to call on City Commissioners, City Attorney, and City Clerk The City Clerk reported three proposals had been received to prepare a map to be mounted in the Commission Chambers. The proposals had been reviewed and it was determined the proposal of CAD Lines at $1 ,000.00 was the lowest and best proposal for the project and, absent any objections from the City Commission, she intended to notify Mr. Lucas of CAD Lines to proceed. The City Commission concurred. Commissioner Fletcher noted that some time ago a container was located in Russell Park for recycling cardboard, and inquired whether there were any plans to resume cardboard recycling. The City Manager said he had discussed this and other recycling with Waste Management. In the meantime, Commissioner Fletcher said he would like to see the cardboard container returned. Commissioner Waters said he felt the Mayor's term should be for four years instead of two years. PAGE TEN MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN Motion: Direct the City Attorney to take the appropriate Waters x action to revise the City Charter The motion died for lack of a second. Commissioner Waters referred to a letter which had been recently received regarding problems with dogs on the beach during the evening and night time hours. He suggested the animal control officer may need to work one night per week. Chief Thompson reported that the animal control officer did stagger her hours and many times worked both early morning and late evening hours. Commissioner Waters also requested that the ordinance which had been passed approving the referendum question regarding limiting terms of elected officials, be revisited. As it was written it would not prevent an official who had served eight years from running for office again at a future date, and he felt this should be reconsidered. It was agreed to include this matter on the next agenda for further consideration. Mayor Gulliford said a meeting needed to be scheduled to discuss the impasse which had been reached on the various contract negotiations. Following discussion, the meeting was scheduled for Thursday, January 30, at 6:30 PM. Mayor Gulliford requested that the City Commission make a decision on the employees' requests for increased pension benefits as quickly as possible. Harry Royal said he would not have the actuarial projections for approximately six weeks following the passage of the ordinance amending the percentage of fund assets allowed to be invested in qualified stocks. Following discussion the Finance Director was directed to have the necessary information to the City Commission for action no later than the meeting of April 27, 1992. Mayor Gulliford asked what plans had been made to handle yard trash now that it could no longer be taken to the Girvin Road landfill. The City Manager said the chipper was currently being used to chip, and thus reduce the volume of yard trash so fewer trips would be required to the new location. The Mayor also reported on the recent Habitat work day and hoped additional houses could be built under this program and noted other potential properties which may be acquired in the Donner area. PAGE ELEVEN MINUTES V V JANUARY 13, 1992 NAME OF COMMRS. MSYN There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 1 PM. ''.....) William I. Gulliford, J . Mayor/Presiding Office ATTEST: Mauree King, Cit ARCHITECTS/ENGINEERS/CONTRACTORS Haskell Building Jacksonville, Florida 32231-4100 904/791-4500 THE HASKELL COMPANY C. Edward Vandergriff Senior Vice President Post-It`"brand fax transmittal memo 7671 I#of pages ► January 10, 1992 T�la-OI'Y) � From P34(/2EG Co. Dept. Phone# Mr. Kim D. Leinbach Fax# City Manager //,3/c/z Fax# City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445 Dear Mr. Leinbach: The purpose of this letter is to respond to your correspondence of December 27 , 1991 regarding Sherman Creek. First , let me say that I am somewhat surprised by the letter as it is my information that you and members of the Atlantic Beach staff have been kept apprised of the considerable efforts that have taken place to date regarding this matter. However, I will use this as an opportunity to update all concerned as to the status of The Haskell Company's ( "THC" ) efforts to alle- viate this problem. You are correct that at the September 6 meeting, THC proposed modifications to the drainage structure in Sherman Creek at the entrance to Fleet Landing. These modifications were to reduce the water level in Sherman Creek and thereby reduce the adverse drainage impact affecting adjacent property. You will also recall that at this meeting the conditions precedent to THC implementing the proposed solution would be that: agreement be reached as to the level of water to be maintained in Sherman Creek appropriate engineering calculations support that the modifications would be effective in correcting the situ- ation all affected parties, particularly Atlantic Beach and St . Johns River Water Management District ( "SJRWMD" ) , concur with the solution. On September 23 , 1991, Robert S. Kosoy, P.E. , Director of Public Works , provided THC with survey data as to the desired level N Mr. Kim D. Leinbach ■ January 10, 1992 eil Page Two of water to be maintained in Sherman Creek. This is important since both the historical and desired level of water in Sherman Creek have been the subject of some disagreement. In fact , even if the box culvert had been installed in accordance with the plans that were reviewed by SJRWMD and Atlantic Beach, the water level in Sherman Creek would be at least one foot higher than the desired level indicated in Kosoy's letter. Upon receipt of this information, final engineering calculations and design were completed and construction drawings were issued to various subcontractors. During this process , it became apparent, largely due to issues of constructability, that the proposed solution would not be effective. With the input from various subcontractors, THC then began the process of developing an alternative solution. This was completed in November, but due to scheduling difficulties, a meeting of all concerned parties to review and comment on this solution could not be scheduled until December 13 , 1991 . At this meeting , consensus was reached and THC began final design, as well as various calculations to answer questions raised at the meeting . On January 6, 1992 , application was made with the SJRWMD for the appropriate permit required to construct the modification. It remains THC' s commitment to construct this modification as soon as the permit has been received. This process should take two weeks; however, SJRWMD has now determined that a dredge and fill permit is required. This type of permit must go the SJRWMD Board. The normal schedule would have the Board consider this at its March meeting. THC has requested emergency han- dling of this item, which would result in the permit being issued at the February 10 board meeting . After the permit is granted, it will take approximately three weeks to complete the work. It would be helpful if you, members of your staff, and the commissioners call Larry Gerry at SJRWMD, 730-6270, and request that the matter be handled at SJRWMD 's February board meeting. While it is certainly disappointing that an effective solution has not yet been implemented, I do not believe it has been the result of a lack of diligence on the part of THC. I am optimistic that, even with this delay, the work will be com- pleted well in advance of the onset of the rainy season. `, 4 Mr. Kim D. Leinbach :11 January 10, 1992 Page Three If I may answer any questions or provide additional information, please let me know.!AI 4S ' rely, . E a r• _t=____nk_ cc: Honorable Mayor ,----- and City Commission Members City Attorney Public Works Director Capt. Leo V. Rabuck, USN (Ret. ) Fleet Landing Board Members • • , r RECO DEC 5 0 1991 • • CITY OF I • >2€€vz c 'ead - 9Qcpzida. 800 SEMINOLE ROAD 4 ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE(904)247-5800 ' � " FAX(904)247-5805 December 27, 1991 CERTIFIED MAIL Mr. Ed Vandergriff Senior Vice President Haskell Company P. 0. Box 44100 Jacksonville, Florida 32231-4100 Dear Mr. Vandergriff: Please recall, on September 6, 1991 representatives from your firm met with officials from the City of Atlantic Beach, Selva Marina Country Club, and St. Johns River Water Management District. The purpose of this session was to discuss and agree upon a plan of action alleviating flooding/stormwater problems associated with the construction, conducted by the Haskell Company, of a new drainage structure/entry way to the Fleet Landing development off Mayport Road. We concluded and still believe the Haskell Company admitted responsibility for the problem by placing the box culverts at an improper elevation causing a back up of stormwater and related adverse drainage impact affecting a sizeable segment of our community. Furthermore, the Haskell Company agreed to effect corrective measures, namely, cut out a portion of one of the three box culverts to allow proper drainage (i. e. at the correct elevation) and place in front thereof, a weir-type arrangement to allow the City of Atlantic Beach control of flow as needed as was the case with the previous drainage structure at this site. The time schedule for this work was to include a beginning construction date within three weeks and completion two weeks thereafter. Obviously, this has not happened and we are greatly concerned about the failure of the Haskell Company to complete the work as promised. Page 2 Ed Vandergriff December 27, 1991 Accordingly, we wish to officially notify you of our position and ask you to proceed, as you agreed, with diligence and expediency. Otherwise, we feel we have no other choice than to bring the entire matter before our City Commission at their next regular meeting scheduled for Monday, January 13, 1992. At this time other courses of action will be considered by the City of Atlantic Beach. We would greatly prefer action from the Haskell Company, but see no other choice. Again, please correct this drainage problem due to the improper installation of culverts by the Haskell Company at the Fleet Landing site as you agreed. If you wish to meet or have further information, please do not hesitate to contact this office. Sincerely, / K-1-/- CO i I Kim Leinbach City Manager KL:tl cc: Honorable Mayor and City Commission Members City Attorney Public Works Director