Exh 3AAGENDA ITEM #3A
NOVEMBER 12, 2001
November 6, 2001
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM:
City Manage
SUBJECT: Follow-u Report
Dutton Island Fishin¢ Pier; Some questions were asked about the design and materials for the
proposed Dutton Island fishing pier. The pier is to be made out of wood with an L-shaped
configuration and a covered area at the end. A drawing dated June 21, 2001 from Edwards
Engineering Inc is attached for your information.
Liability for Sea Turtle Patrol; A question was raised at the last Commission Meeting about
whether or not the City of Atlantic Beach was in any way liable for the actions of the Sea Turtle
Patrol on the beach. The City has no written agreements with the Sea Turtle Patrol other than the
lease of office space at the Adele Grage building. However, on April 27, 1992, the City
Commission approved the use of an ATV on the beach for the Sea Turtle Patrol from May
through November. With this understanding, the City Attorney has recommended that the City
be protected by an insurance policy on the ATV, that the City be named as an additional insured
on the policy and that the Sea Turtle Patrol sign an indemnity. agreement in favor of the City.
There are two options to obtain the necessary insurance. The first would be to appoint the Sea
Turtle Patrol as an authorized agent working on behalf of the City, which would then bring the
operation under the City's insurance coverage. Not only would this coverage include the
liability for use of vehicles on the beach but would also provide workers comp coverage for all
Sea Turtle Patrol volunteers. Without additional information on the Sea Turtle Patrol's use of
volunteers on the beach, it would be difficult to estimate the additional cost of insurance to the
City. However, it could be extensive. The second option would be to require that the Sea Turtle
Patrol maintain liability insurance on their use of the ATV on the beach. It is possible that
Atlantic Beach could enter into an agreement with the Sea Turtle Patrol requiring that insurance
be purchased and maintained and that the City could in turn pay the Sea Turtle Patrol for services
an amount approximately equal to the insurance cost. City staff has not yet been able to obtain
an estimate on the cost of this insurance.
Fire Department Use of Donated Funds; The Commission has been made aware of the private
donation of $1,000 each to the Police and. Fire Departments resulting from the September 11 `h
terrorist attacks. It has already been reported that the Police Department will use the $1,000 to
purchase two mountain bicycles for specialty police services. The Fire Department has now
AGENDA ITEM #3A
NOVEMBER 12, 2001
come to a decision on the best use of the funds. For training purposes, they would like to
purchase a TV, VCR and DVD. Unless the Commission objects, they will be authorized to use
the funds for these purposes.
Property Along Seminole Road Ditch; A discussion was held at the last Commission Meeting
about past attempts by City staffto clean up the west side of the drainage ditch that runs along
Seminole Road. Some of the property on the backside of the ditch has been maintained by the
adjoining owners, although most of it has not. The ownership ofthis property is somewhat
unusual When this subdivision was developed many years ago, the developer (Five Bs Realty
Ltd) retained a ten foot wide strip n,nning pazallel to the drainage ditch and between the backside
ofthe lots fronting on Sea Oats Drive and the City right-of-way for Seminole Road. The
developer, which is still in existence as a corporate entity, has sold offthese ten-foot strips to six
of the adjoining property owners in this two-block azea, but retains ownership to the rest. The
developer has indicated that they aze willing to sell their remaining interest to the City.
The City's Code Enforcement Officer has looked over the situation and feels that the City could
cite the owners who have purchased. the adjacent strips for failure to cut the underbrush back.
However, it may be more problematic to cite the remaining parcels owned by the developer, as
they are essentially undeveloped tracts of land.. It would not seem reasonable to cite the
individual property owners for failure to maintain their reaz property unless the City was also
going to fmd a way to clean up the adjoining strips.
It was also reported in the last Commission Meeting that an attempt made by the City to get these
lots cleaned up several years ago met with some opposition from the adjoining property owners.
While it appears that it is possible for the City to get this strip of property cleazed/cleaned, it
would take a considerable amount oftime from City crews or contractors to do the work, it
would possibly require the purchase of some right-of--way and may generate some opposition
from adjoining property owners. Before such a project is started; the City Commission would
need to establish it as a priority..
Christmas Lights; A question was raised about the City putting up additional Christmas lights.
Presently, City staff spends a considerable amount of time and money in wrapping the palm trees
in the Town Center azea and otherwise putting on the Tree Laghting Ceremony. Additional
decorations could be purchased, although places to locate them may be somewhat limited. There
is no A/C power on the Atlantic Boulevazd medians. Some open areas in the Town Center area
could be further decorated and it is possible that pole mounted displays could be installed in the
Town Center area and possibly in other commercial azeas. The staff has reviewed a number of
vendors and found several displays (lit animal forms, stars, Christmas trees, etc) ranging in price
from about $100 to $300 each. Also, holiday banners could be purchased and installed in the
Town Center azea for about $100 each.
GoVEtzED
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