Exh 3Ae.-
AGENDA ITEPI #3A
AUGUST 12, 2002
August 6, 2002
MEMORANDUM
• ,
r TO: The Honorable. Mayor
.and Members ofthe City Commission
.....FROM:. Jim Han ~' ,
Ci y Manager
SUBJECT: Follow-up eport
Maintenance Agreement with FDOT; The City of Atlantic Beach began maintenance on the
newly landscaped areas around the Flyover Project-early in July. These included not only the
'~" areas in Atlantic Beach that were referenced in a Memorandum of Agreement executed by
Atlantic Beach and the FDOT over a year ago but also the areas on the Neptune Beach side of
Atlantic Boulevard per request of Neptune Beach officials and maintenance of the new FDOT
"~" pond adjacent to the Tide views Preserve at the request of the. FDOT: However, the FDOT has
yet to provide the agreements needed to support this maintenance plan.- While they have
provided an agreement for Atlantic Beach to consider, no agreement has yet been sent to
.~ Neptune Beach for review. Consequently, Neptune Beach's separate agreement with Atlantic
Beach for reimbursement for maintenance costs hasnot yet been approved by Neptune Beach.
In the meantime, the FDOT has indicated that they will discontinue payments to Atlantic Beach
for the maintenance services not only on the Flyover areas but also on the areas contained in
previous contracts with Atlantic Beach until a new agreement is signed., A letter was sent to the
',;,,, FDOT dated July 31, 2002 (copy attached)- pointing out that. the delay in execution was caused
k, by FDOT actions and therefore the payments to Atlantic Beach should be reinstated from July 3,
,2002. The cost to Atlantic. Beach for maintaining the Flyover landscaping included none-time
,,,, cleanup cost of $7,235 and a monthly maintenance cost of $2,930. Both figures include those
areas in Neptune Beach.
~„ PODS; At the last Commission Meeting, a question was raised about the legality of the PODS
storage units in Atlantic Beach. A separate staff report with recommendations is included on the
agenda for the August 12`" meeting. _
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Jordan Park Re-plat; Severalmonths ago, the Commission asked that City-owned property on
the north side of Jordan Park be incorporated into the:Park. The area adjacent to the Park is
~., composed of many older parcels anal make up what is now three City operations; Jordan Park,
the Public Works yard and the Community Center. Staff decided that any re-plat of Jordan Park
would best be accomplished by a re-plat of other adjacent City-owned parcels, and a
~, considerable amount of survey work has now been completed, The new plat is ready to record
and will. be available for display at the August 12~' Commission meeting. This plat essentially
consolidates numerous parcels into. the three City operations listed.
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AGENDA ITE1~I #3 a
AUGUST 12, 2002
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904)..247-5805
SUNCOM:852-5800
hitp: //ci. atlantic-beach.fl.us
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July 31, 2002
.~
John Drayton.
. 2250 Irene Street
.Jacksonville,. FL 32204
RE: Maintenance Agreement with the- City of Atlantic Beach
'°"' Dear Mr. Drayton;
The Atlantic Beach Public Works Director, Bob Kosoy told me of your recent phone conversation with
""' him in which you said that the FDOT would cease making payments to Atlantic Beach for maintenance of
. FDOT areas beginning last July 1 ~` and extending until the month after Atlantic Beach executes a revised
agreement. As you are relatively new to the particulars of the new areas to be incorporated into- this
~* agreement, you may not be familiar with all of the issues. This letter is to share some of those with you
and-ask that you reconsider your decision. ' .~
~,,, First, Atlantic Beach has maintained FDOT property in accordance with maintenance agreements for
f several years.. We have continued to maintain the areas included in these agreements and, as far as I
"~" know, the agreements are still in affect. We have not received any notice of cancellation from the FDOT
or any indication that our maintenance has not been sufficient. `.
Second, we have a signed Memorandum of Agreement with the FDOT dated November I, 1999 to begin
maintenance on two additional areas that have been landscaped as part of the Mayport Road/Atlantic
A" Boulevard Flyover Project. We were notified by the JTA in May that the maintenance performed by their
contractor would cease on July 3`d and that Atlantic Beach should begin maintenance. We began
_ maintenance on that date and continued to maintain those areas since. Given the drought that we have
~""" had, it would have been irresponsible to-let the new plant material die through lack of maintenance.
You requested several weeks aga on behalf of the FDOT that our maintenance of the new Flyover created
r, areas be expanded to include one additional lake that was built by the JTA. Atlantic Beach had not
originally anticipated maintaining this .lake, but agreed to do so at your request. This request by the
`~ FDOT to add additional areas of maintenance to our contract, coupled with the fact that the request was
.,.,, only made a few weeks ago, were primary reasons why the new maintenance agreement has not already
:been executed.
R.-
We also had several discussions about how to incorporate the areas in the City of Neptune Beach;
:whether the FDOT should have a separate contract with Neptune Beach or include it in Atlantic Beach's
contract. Your decision was to have a separate contract with the City of Neptune Beach and, to my
understanding, they have not yet received a draft of their proposed contract. However, the City of
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AGENllA ITEM n3A
AUGUST 12, 2002
...~
Atlantic Beach has maintained not only the areas .from the Flyover Projecf that we agreed to in our
` ' November 1999 a~reement but also the new pond that you requested to be included in the Neptune Beach
~,,, areas since July 3
,: ,
You sent a revised maintenance agreement to me for execution Late in June. I do not have the authority to
sign that agreement without consent of the Mayor and Commission of Atlantic Beach and, as a
`"~ governmental body, we have certain guidelines and time limits for inclusion of items on to the public
F agenda-for approval. In short, even if I had placed this on the next Commission agenda, it could not have
been approved by the Atlantic Beach Commission until the middle of July. -
_ _ _.
While I have made the Commission aware of the. City's maintenance work on the Flyover. areas, I have
not placed the revised maintenance agreement with FDOT for their approval yet because it is appropriate
to place before them the entire package of agreements necessary. for maintenance at one time. As you are
w `aware, the City of Neptune Beach has along-standing agreement with Atlantic Beach for joint
ty maintenance of certain areas and they have asked that Atlantic Beach include the new Flyover areas on
,,~ the Neptune Beach side of the road. Consequently, Atlantic Beach and Neptune. Beach will have a
'. separate agreement as to the maintenance of these areas. I have sent a draft agreement to Neptune Beach
"` several months ago for their consideration. However, they cannot approve it until they know the details `
~,;, of their obligation and agreement with the FDOT, which they still do not have.
We understand that you have many areas. of responsibility and were not able to devote attention to this
new project until just a few weeks ago. However, the delay in getting our agreements executed has been
caused by the FDOT.: While Atlantic Beach has picked np the ball on the maintenance of these new
., areas, it seems unfair for the FDOT not to pay us for these services, must less to discontinue payment for
maintenance of areas that we previously had under contract. For these reasons; I respectfully request that
~"" you reconsider your decision and retroactively pay Atlantic Beach for.all of these services beginning in
July.
^~ If you need any additional information or have any questions, please:do not hesitate to call. I am,
Very truly yours
.•+
~,,,: J' Hanson
ity Manager
,,
`~ cc: Mayor Sohn Meserve, City of Atlantic Beach
Richard Linn, City Manager, City of Neptune Beach
Auge Schroder, FDOT , .
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