07-25-05 vMINUTES
REGULAR CITY COMMISSION MEETING
July 25, 2005
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
ABSENT:
Commissioner J. Dezmond Waters III (Excused)
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:16 p.m. The Invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
Approval of Minutes 1. Approve minutes of the Regular Commission meeting of July 11,
2005.
Motion: Approve minutes of the Regular Commission meeting of uly
11, 2005
Moved by Simmons, seconded by Beaver
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Sandy Golding 120318' Avenue North, Jacksonville Beach, introduced
herself as a spokesperson for Beaches Watch. She explained that the
organization includes residents from all the local beach cities who support
the critical elements necessary to creating livable communities in the beach
communities. Ms. Golding strongly supported incorporating the building
height limit into the City Charter and urged the Commission to place the
issue on the next election ballot.
J.P. Marchioli, 414 Sherry Drive, commented on Agenda Item 7A. He
noted that the information given did not address the issue of reinforcement
materials used in the concrete, or a minimum thickness required for
driveways in the City. Mr. Marchioli discussed the issue of sexual
predators and noted that they can still affect the City even if they are not
allowed to live within the City limits.
Julv 25, 2005 REGULAR COMMISSION MEETING Paee 2
Janet Pellicciotti,1629 Linkside Drive North, addressed Agenda Item
8D. She corrected paragraph two of the staff report, noting that her
Homeowner's Association had granted (not "denied") her request to replace
the concrete driveway area with brick pavers. She noted that replacing her
drive with brick pavers will compensate for the requested increase in ISA
and will alleviate the 50% issue. She noted that her house backs up to the
golf course and that there is plenty of drainage for water to soak into the
water table. She concluded that the information presented, with the
appropriate correction noted, should meet the interests of the City.
Jane Wytzka, 352 2°d Street, asked that the Commission still consider
placing a 35-foot height charter referendum on the October ballot. She
believed that Atlantic Beach residents deserve to vote on the issue and to
have similar regulations as the other two beach communities. She stated
that she has been concerned about development in the City and worried that
buildings built over 35 feet tall could block breezes for the neighboring
residents. Ms. Wytzka pointed out that the current zoning of Atlantic Beach
still allows the potential for someone to build structures taller than 35 feet.
Dorothy Kerber, 3651St Street, discussed two items of concern to her.
She strongly believed that the Commission should delay adding the 35-foot
height ordinance to the charter until there is more time to review it. She
expressed concern with the effect it could have on limiting options for the
commercial districts in the City. Ms. Kerber also addressed the proposed
tree ordinance changes and strongly disapproved of their strict, draconian
nature. She disagreed with the City dictating what the tax-paying residents
can do on their own property.
Donald Wolfson, 1725 Beach Avenue, discussed his thoughts on the
height limits in Atlantic Beach. He spoke in favor of protecting the City's
height limits but stressed the importance of proceeding carefully and
diligently on the issue. He suggested that the Commission assign a study, to
be conducted by the Community Development Board, to address the issue
and receive input from the citizens. Mr. Wolfson doubted that the current
time frame would allow the item to be placed on this year's ballot, but
insisted that some sort of action should be taken to move the issue forward.
Mayor Meeerve noted that, due to his absence from the last Commission
meeting, he had not yet had the opportunity to provide his input on the
subject of the 35-foot height limit. He commented on the number of letters
received regarding the referendum issue. He was not opposed to allowing
the citizens the chance to vote on the issue, but stressed the need for the
referendum to be well crafted and thought-out. He informed the
Commission that in order to place a referendum on the ballot this fall, the
item would need to be placed on the agenda by August 8. Mayor Meserve
spoke in favor of moving forward with the issue in the correct manner, but
discouraged the Commission from making a rushed decision in order to
meet the deadlines needed for placing the issue on this year's election
ballot.
July 25, 2005 REGULAR COMMISSION MEETING Paae 3
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
There was no follow-up report.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Financial Report and Utility
Sales Report for June 2005 (City Manager)
B. Award the annual contract for Chlorine for Water and
Wastewater Treatment Plants Bid No. 0405-18 (City Manager)
C. Extension of Electrical Troubleshooting and Repair Annual
Contract Bid No. 0203-21 (City Manager)
D. Purchase of Effluent Pump for Wastewater Plant #2 (City
Manager)
Commissioner Parsons asked that Item D be pulled from the Consent
Agenda for discussion.
"' Motion: Approve Consent Agenda Items A through C as presented
Moved by Simmons, seconded by Parsons
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
Commissioner Parsons asked Donna Kaluzniak, Director of Public Utilities,
for an explanation of why the costs for a motor or installation of the pump
was not included in the item. Ms. Kaluzniak responded that the annual
contractor will probably install the pump for a fee less than what is required
to be brought before the Commission and that the standard motor used is
easy to obtain or to be switched from other equipment if needed. She noted
that the pump is more specialized and would be difficult to obtain if needed
in an emergency. Discussion ensued on rebuilding the old pump and
utilizing it as a spare.
Motion: Approve Consent Agenda Item D as presented.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
July 25, 2005 REGULAR COMMISSION MEETING Paee 4
Committee Reports 5. Committee Reports
A. Code Enforcement Board
Mayor Meserve informed the Commission that the term for Curtis Sanders,
Code Enforcement Board Chair, will end this fall. The Mayor commended
Mr. Sanders for his efforts, energy and dedication that he has given to the
City of Atlantic Beach.
Curtis Sanders, Chair of the Code Enforcement Board, presented a report on
the Board's activity. He discussed the Board's jurisdiction and
organizational chart. He noted that the Board currently has one vacancy
and they expect two more vacancies in the near future. Mr. Sanders
discussed the problem with obtaining case resolutions when the Board has a
quorum of only 4 members present and the votes are evenly split. He
stated they would like to have, as allowed by Florida Statute 162.05, two
alternates who could serve in the absence of regular Board members.
Mr. Sanders presented statistics of what the Board has accomplished in the
last 10 years. He noted that Alex 5herrer, Code Enforcement Officer, has a
normal caseload of 3000 cases/calls per year and that the Board heard 10
cases to-date for 2005. He displayed a chart of violation history from
1994-2004 and discussed specific issues such as signs, abandoned vehicles,
"^ and parking. He compared the code enforcement staff of Atlantic Beach
with other Florida cities of comparable or lower populations. All the cities
mentioned had more staff than just one officer, except for Atlantic Beach.
Mr. Sanders noted that Alex Sherrer is one of the 130 state-recognized Code
Enforcement Professionals out of over 5300 people working in the Code
Enforcement arena in Florida. He discussed the proactive methods used by
other cities' Code Enforcement departments and suggested ways that the
City of Atlantic Beach can become even more efficient and productive in
enforcing its codes. His suggestions included distributing informational
pamphlets to the citizens and hiring another Code Enforcement staff
member.
Action on Resolutions 6. Action on Resolutions
None
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 65-05-34, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, ADDING A NEW SECTION ESTABLISHING
REQUII2EMENTS FOR CONSTRUCTING DRIVEWAYS WITHIN THE
CITY'S RIGHTS-OF-WAY, AND PROVIDING AN EFFECTIVE DATE.
July 25.2005 REGULAR COMMISSION MEETING Paee 5
Mayor Meserve read the ordinance by title only. City Manager Hanson
asked Rick Carper, Director of Public Works, to give a short summary of
the regulations being recommended in the ordinance.
Mr. Carper noted that the proposed ordinance would require permits for all
new driveway work, parking apron work and the addition of impervious
surfaces in the right-of-way. He noted that the regulations would place the
same 50% impervious limit on right-of-way areas as is currently established
for residential property. He explained the revocable encroachment permit
that holds the homeowner responsible for any damage done to non-standard
materials used in the right-of-way and releases the City of any liability
when restoring that surface. The ordinance would prohibit any new parking
aprons on the listed arterial streets and would ensure that any new parking
aprons be constructed of turfbloc. He reviewed the maximum allowable
driveway widths for residences and noted that City sidewalks must be
replaced with concrete. Mr. Carper indicated that these are the discussed
code changes that apply to Chapter 19 and that the changes proposed for
other areas of the City Code would be brought before the Commission at a
later date.
Commissioner Parsons asked for clarification on the issues of replacing
non-standard materials used in the right-of-way and the areas where street
'~'° parking is prohibited. Rick Carper and City Manager Hanson provided the
appropriate information.
Commissioner Beaver discussed the issues regarding the use of turfbloc and
the materials used to replace any turfbloc that is destroyed or removed. He
also inquired about the code requirements for the depth and thickness of the
concrete used in driveways. Rick Carper responded that Atlantic Beach
follows the City of Jacksonville codes and requirements that specify the
required depths and prohibits reinforcements in concrete used in the right-
of-way. City Manager Hanson provided further explanation regarding
parking aprons and the materials used for construction and replacement
work in the right-of way.
Commissioner Parsons expressed concern with the issue of the City not
replacing residents' pavers destroyed during work in the right-of-way. Rick
Carper explained that these regulations would be enforced from the time of
approval forward and that citizens would be aware of the issue when they
obtained their permits.
Motion: To approve Ordinance No. 65-OS-34 on first reading.
Moved by Simmons, seconded by Beaver
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
,luly 25.2005 REGULAR COMMISSION MEETING Paee 6
Miscellaneous Business 8. Miscellaneous Business
A. Authorization for the City Manager to sign the Certification of
Taxable Value form DR-420 (City Manager)
Mayor Meserve explained that if the City wanted to raise the millage rate
after signing the Certification of Taxable Value Form, the notification
process for the new rate would have to be performed again. However, he
stated that if, during the course of the budget workshops, the City decided to
adopt a lower rate than submitted to the property appraiser on the DR-420
form, it is allowed to do so without restarting the notification process.
Motion: Authorize the City Manager to sign the Certification of
Taxable Value form DR-420.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
B. Mutual Aid Agreement for Water/Wastewater Utilities through
FLAWARN (City Manager)
City Manager Hanson explained that this is a statewide agreement that
provides the protocol for water and wastewater utilities to request help from
each other and to expedite those requests when needed, such as in times of
emergency situation. He also pointed out that any city unable to spare help
to other cities at the time of the request is not required to do so. He
indicated that a number of utilities in Florida are in the processing of
signing these types of agreements.
Motion: Authorize the City Manager to sign the Mutual Aid
Agreement for Water/Wastewater utilities.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
C. Proposed rejection of Bid for 2005 Plaza Road Turn Lane for
Post Office (Bid No. 0405-17) (City Manager)
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Mayor Meserve noted that, due to the fact that the City is still waiting for
the Post Office to proceed on their part of the project, there is no time
constraint concerning this bid.
Commissioner Parsons asked how the current balance of $98,000 for the
project was calculated. Rick Carper, Director of Public Works, replied that
the amount was the remainder of the estimated cost after the expenses for
surveying. It was clarified that the Post Office is responsible for the portion
of the project on their property and the City of Atlantic Beach performs the
work on the City right-of-way area. Commissioner Parsons asked when the
project would be put out for re-bid. Mr. Carper responded right away.
Motion: Reiect all bids for 2005 Plaza Road Turn Lane for Post Office
(Bid No. 0405-17) and re-bid proiect at later time.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
""'' D. Request for a Waiver from the Land Development Regulations
to exceed the 50% Impervious Surface Area limit to allow for an
addition to a residence within the Selva Linkside PUD for a lot
located at 1629 Linkside Drive, North (City Manager)
Rick Carper, Director of Public Works, showed an aerial view of the
property being discussed. He explained that everything in Selva Linkside
was developed prior to the City's adoption of the 50% Impervious Surface
Area (ISA) limit and therefore was built greater than the 50% impervious
standard regulation. He provided information on the homeowner's request
to construct an addition to the back of the residence and indicated that Selva
Linkside has its own stormwater/ retention treatment system. Mr. Carper
reported that there are no known problems in the area and that a large
number of homes in the area have already added onto their existing homes.
Commissioner Simmons asked if the brick pavers for the driveway would
be placed in sand or cement. The homeowner responded they would be on
sand.
Motion: Approve the request for a Waiver from the Land
Development Regulations to exceed the 50% Impervious Surface Area
limit to allow for an addition to a residence within the Selva Linkside
PUD for a lot located at 1629 Linkside Drive, North .
Moved by Simmons, seconded by Parsons
Julv 25.2005 REGULAR COMMISSION MEETING Paee S
~^ Votes:
~" Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 0
MOTION CARRIED
E. Sexual Predator/Offender Report (City Manager)
Mayor Meserve stated that there are no sexual predators, as defined by law,
in the City of Atlantic Beach and commented on the Times Union
newspaper article addressing the issue over the weekend.
City Manager Hanson asked Chief David Thompson, Director of Public
Safety, to review his report on the topic. Chief Thompson pointed out the
definitions of terms provided in his report and noted that most sex offender
instances typically involve juveniles. He reported that the only predator
listed in Atlantic Beach no longer lives within the City limits. Chief
Thompson reviewed what other jurisdictions have done regarding sexual
predators and offenders.
Commissioner Beaver explained that a predator listed within the zip code
for Atlantic Beach might actually be located in areas outside the City's
jurisdiction, but within the same postal code. He suggested that the City
establish, at the minimum, the same restrictions and ordinances found in the
surrounding communities. He noted that if the Commission passed an
ordinance at this time, it would eliminate any sexual predators from being
able to reside in Atlantic Beach. It was mentioned that the City of
Jacksonville just recently passed its ordinance on sexual predators in
May/June 2005. Commissioner Beaver asked the Commission to move
forward with the issue. Commissioner Simmons concurred.
Mayor Meserve expressed concern with the City being challenged by the
civil liberties union if an ordinance is adopted. He asked the City Attorney
if Atlantic Beach would be somewhat protected from this by the possibility
of the County fighting any challenges to their similar ordinance. City
Attorney Alan Jensen replied that, even if the County has the same
ordinance, the City of Atlantic Beach would still have to defend itself if it
was sued. Discussion ensued surrounding the probability of a lawsuit.
Chief Thompson introduced Police Officer Rene Jackson, and discussed the
work she performs with tracking sexual offenders and predators and
ensuring that they comply with City code and regulations. He also advised
the Commission to review the two ordinances provided in order to
determine how they would like to address the issues. He discussed the
enforcement and legal review of any code the Commission passes.
It was the consensus of the Commission that Chief Thompson and City
Manager Hanson bring back information to keep the City aligned with the
county on this issue. Mayor Meserve pointed out the differences between
July 25, 2005 REGULAR COMMISSION MEETING Paee 9
Miami and Atlantic Beach and the manner in which each can address the
issue.
City Manager 9. City Manager
A. City Manager's Report
City Manager Jim Hanson reported on the following items.
The Palms
He reported that the City Building Official has condemned The Palms
Apartments. He noted that the owners and residents have all been notified
that they are required to move out and that the utilities will be shut off due
to the unlivable conditions of the units. The City Manager indicated that a
developer might purchase the property, tear it down and replace it. He
reported that residents have been given until August 31, 2005 to find other
accommodations and that social service agencies have been contacted to
assist them with the process. He noted that this is the first time he has seen
an entire apartment complex condemned.
Lifeguards
He reported that the Atlantic Beach lifeguards won the 2-day regional
competition held last month. He stated the regional area included Virginia
Beach down to Daytona and it was the first time our guards received first
place.
Road Maintenance in Gated Subdivisions
He commented that City staff has received a request from a subdivision to
take over maintenance of the roads behind their gate. He asked the City
Attorney to advise the Commission if the City could legally accept
responsibility for maintenance of streets located behind a locked gate.
City Attorney Alan Jensen stated that streets in a gated community are
considered private, due to the fact that their public use is obstructed.
Therefore, according to Florida statutes, the City could not legally provide
maintenance for roads located behind a private, locked gate. He further
explained that public funds could not be spent to maintain streets where
public access is not granted. City Attorney Jensen provided examples from
the Attorney General's office to support his findings.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Parsons
• Clarified and commented on recent articles and letters to the editor
in the local newspaper. He stated that he never spoke of having a
Julv 25, 2005 REGULAR COMMISSION MEETING Paee 10
`gentleman's agreement' regarding the height limit issue, as alluded
in a letter. He also denied a statement indicating that he could be
swayed by special interest groups.
Commissioner Simmons
• Commented on the situation at the Palms Apartments and stated
that, although she does not want to see people living on the streets,
no one should be living in substandard housing conditions.
• Discussed a book dealing with "stormscaping", written after the last
hurricanes. She noted that the book gives information on which
types of vegetation and trees are best or worst for the community
during storms. She suggested that the book could be a valuable tool
used to offer suggestions when reviewing the City's tree laws.
• Commented on several letters to the editor that included many half-
truths and falsehoods. She indicated that she will not respond in the
newspaper but expressed concern that people rarely contact her
before they write their letters. She asked that everyone feel free to
contact her in order to discuss any issues before publishing a letter.
Commissioner Beaver
• Asked to get the sidewalk on Royal Palms Drive completed before
the end of the fiscal year. He believed there was money remaining
in the sidewalk repair/construction budget and asked the City
Manager and the Public Works Director to review that and bring
back some information for them at the next meeting.
• Spoke in favor of continuing the dialogue on the height limit issue
and supported letting the Community Development Board review
the issue and bring information back to the Commission.
Mayor Meserve
• Requested that the Commission provide the dates and times they are
available for the upcoming budget and community character
workshops.
Adjournment There being no further
adjourned at 8:30 p.m.
ATTEST:
~~
yor declared the meeting
Joh~Nl~ser~, Mayor/Presiding Officer
Donna L. Bussey
City Clerk