Exh 8C8C
NOVEMBER 13, 2000
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Private Streets in Selva Mazina Are
SUBMTI'TED BY: Jim Hanson,-Ei
DATE: November 8, 2000
BACKGROUND: Many years ago several streets were developed in the Selva Marina area
that did not meet the City's engineering or safety standazds. The City
has never accepted ownership of the streets. Instead, the developer
posted a ten yeaz bond for maintenance which has long since expired.
Since this subdivision was developed between 1978 and 1980, the
possibility of the City accepting ownership of the streets and/or
expending funds to improve them has been brought up on many
occasions. The City paid for a engineering study in 1983 that was done
by the firm of England and Thims, Inc. That report indicated that it
would cost approximately $255,000 to bring the streets and utilities up to
City's standards at the time and would require the removal of
approximately 81 trees. The City did not take any action as the result of
the 1983 report.
The possibility of the City taking responsibility for the private streets has
been formally discussed on at least two more occasions since the original
report was prepazed in 1983. A Selva Marina Road Committee was
created to study the issue in 1992, but resulted in no action by the City
Commission. Likewise in 1998 City staff was asked to prepaze a report of
the options, but again no action resulted. The staff in 1998 estimated that
the current cost to make the improvements recommended in the 1983
study had risen to $1,000,000.
The 1992 and 1998 reports outlined a variety of options available to bring
the streets up to an acceptable standazd and provide for the future
maintenance by the City. The major change since these previous efforts
is in the continued deterioration of the streets and drainage systems. It is
clear that some maintenance and reconstruction will be necessary soon
or portions of the pavement will completely collapse and flooding
conditions will worsen.
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NOVEMBER 13, 2000
There are a number of complex problems that must be considered
in any effective solution as follows;
1) Legal issues, including ownership of the streets and the
ability of the City to spend public funds on
private property.
2) Safety; of the street design and the related public liability
which would result from public ownership.
3) Street Construction; the need to reconstruct certain
portions so tilat any resurfacing will last.
4) Drainage System; to eliminate flooding, and protect the
streets from premature deterioration.
5) Utilities; originally installed with inadequate cover
Any possible solutions to these problems will have to be fair to the
residents of the Selva Marina azea as well as to the other citizens
of Atlantic Beach whom, through the City, may be expected to
invest substantial sums in reconstruction of roads and drainage
systems which were inadequately built to begin with. Likewise,
any solution will require the cooperation of the various
stakeholder groups (azea residents, technical staff and elected
officials). To solve the complex problems with fair solutions will
also require an educational process so that all of the
stakeholder groups can understand the issues.
BUDGET: No budgeted funds are being recommended at this time, although
significant amounts of City resources may be needed to solve
these problems.
RECOMMENDATION: To find equitable solutions to these complex problems, a long term
and multi-step process will be necessary.
1) The Mayor and Commission should consider appointment of
a special study committee which will include
representatives from the Selva Marina area, key staff
members City elected officials.
2) Once appointed, this committee should embazk upon a series
of meetings, some on site, to become knowledgeable about
various problems and issues.
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NOVEMBER 13, 2000
3) The next goal of the group will be to identify needed
actions, including possible legal issues involving ownership
of the right-of--way as well as what capital improvements
(resurfacing, restructuring, regrading) aze needed in both
the short and long term.
4) The group should identify a range of possible funding
options to be presented for public consideration. These
options could include investment from the City, assessments
of the affected property owners, delayed investments, or
any combination of fimding sources and time frames.
5) The recommended actions and range of funding options
should then be presented to the Mayor and Commission.
6) The City Commission should then call a public hearing to
obtain input on all of the possible options. Residents in the
Selva Marina area should be specifically invited,
although all citizens should be welcome:
7) After a public discussion of the advantages or disadvantages
of each option, it would then be appropriate for the City
Commission to decide which, if any, options should be
adopted.
It should be expected that this process would take several months
and would involve several meetings.. However, combining a good
understanding of the complex problems at hand with ample
opportunity for public input on the solutions should allow the City
to arrive at the best possible course of action.
ATTACHMENTS: 1) Drawing of Selva Marina private streets
2) Letter from City Manager Kim Leinbach to Mayar Gulliford
dated May 20, 1992
3) Memo from Bob Kosoy comparing services provided on public
vs. private streets
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NOVEMBER 13, 2000
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8C
NOVEMBETi 13, 2000
CITY OF
r~aat.~c f~eacli - ~eozida
800 SEMINOLE ROAD
A?LAN72C BEACH. FioRIDA 32233-5445
7ELE4HOt`fE (904) 7A7-5800
FA.C (904) 247-5805
May 20, 1992
William I. Gulliford
Mayor
City of Atlantic Beach, Florida
Dear Bi11:
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
scrutini2ed. 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 Gommission? 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 andfor development company with a provision
allowing the City to make repairs. Qne 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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NOVEMBER 13, 2000
enterprise with all the owners involved. A third could include
the establYshment 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
Se1va 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,
K'm D: Leinbach
City Manager
KDL.dst
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NOVEMBER 13, 2000
MEMORANDUM
November 6, 2000
TO: Jim Hanson, City Manager
FROM: Bob Kosoy, Director of Public Works
SUBJECT: Services on Private Streets
The services provided on private streets within the corporate limits of the City by our
Department are as follows:
LOCATION Sanitation Pothole Tree Cutting Water and Stormwate
Repair Sewer r
Repair
19th and cul-de-sacs Yes Yes `* No Yes Yes
Tiffany-by-the-Sea * Yes No No Yes No
Fleet Landing * Yes No No No No
Sevilla Gardens & Yes No No Yes - Swr No
Condominiums * No - Wtr
Seminole Dunes, Ocean Yes Yes ** No No No
Village, Cloisters & other
condominium
associations w/private
street entrances
-ua[ea community
**Emergency Vehicles Only
cc: Donna Kaluzniak, Utility Director
Phil Nodine, Streets & Maintenance Division Director
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