01-24-05 vr MINUTES
REGULAR CITY COMMISSION MEETING
JANUARY 24, 2005
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Commissioner Paul B. Parsons City Clerk Donna L. Bussey
Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen
Commissioner J. Dezmond Waters III
ABSENT:
Mayor Pro Tem Richard Beaver
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation,
given by Commissioner Waters, was followed by the Pledge of Allegiance
to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
January 10, 2005
Motion: Approve the Minutes of the Regular Meeting of
January 10, 2005 as presented.
Moved by Waters, seconded by Parsons
Votes:
Aye: 4-Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
There were no comments from the floor at this time.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report
City Manager Hanson stated that he had no follow-up report to discuss.
January 24.2005 REGULAR COMMISSION MEETING PaEe 2
4. Consent Agenda
A. Acknowledge receipt of Utility Sales Report, Financial Report
and Building Department Monthly Report for December 2004
(City Manager)
B. Approve Change Order No. 1 in the Bike Path Project -Plaza
Drive in the amount of $12,235.50 to Walding Company (City
Manager)
C. Extend the annual contract with Trim All Lawn Service for
Atlantic Boulevard medians, Mayport Road Flyover and Town
Center Landscape maintenance (Bid No. 0304-7) (City
Manager)
D. Award continuing contract for Professional Engineering
Services to three top-ranked firms (City Manager)
Commissioner Simmons requested that Item C be removed from the
Consent Agenda for discussion.
Motion: To approve Consent Agenda Items A, B, and D as presented
There was no discussion on the three Items.
Moved by Parsons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Commissioner Simmons stated that the current maintenance of the Town
Center landscape needed to be done differently. She requested that the staff
of the company be given guidance on pruning and trimming of the
landscape involved. If this condition could be met, then Commissioner
Simmons moved to accept the item as presented.
Commissioner Waters supported Commissioner Simmons' comments and
also discussed the need to have the palm trees cut more appropriately.
There was no further discussion.
Motion: To approve Consent Agenda Item C as presented
Moved by Simmons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
,I~'' Nay: 0
MOTION CARRIED
January 24, 2005 REGULAR COMMISSION MEETING PaEe 3
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Committee Reports 5. Committee Reports
A. Code Enforcement Board
Mr. Curtis Sanders, Jr., Chair of the Code Enforcement Board, presented a
report on the Board's jurisdiction, responsibilities, and activities. Mr.
Sanders displayed the Board's organizational chart and noted that Alex
Sherrer, Code Enforcement Officer, is the sole administrative official
responsible for the entire Board. Mr. Sanders noted that his own term as
Chairman will be over in September 2005 and a new Chairman will need to
be selected at that time. Mr. Sanders stated that the Board's last meeting
was a workshop, during which City Attorney Jensen reviewed Florida's
Sunshine Law with the board members. Mr. Sanders discussed the numbers
and types of Code Enforcement cases held during the current and past years.
He expressed the need for more than one Code Enforcement Officer in the
City and requested the Commission to consider allowing two additional
members to join the board as alternative members. Mr. Sanders
commended Alex Sherrer on an outstanding job as Code Enforcement
Officer for the City. Mayor Meserve thanked Mr. Sanders and the Code
Enforcement Board members for their service to the City.
B. Recommendation for appointment to the Tree Conservation
Board (Commissioner Simmons)
Mayor Meserve stated that there was one vacancy open for appointment to
the Tree Conservation Board this evening. Commissioner Simmons
reported on the minutes from the Board's committee meeting on January
13, 2005. She reported that the Tree Conservation Board recommended
appointing Jamie Fletcher to the vacancy.
Motion: To appoint Jamie Fletcher to serve on the Tree Conservation
Board.
Moved by Simmons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 80-OS-70, Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE
I, IN GENERAL; ADDING SECTION 22-4(e), ADJUSTMENTS FOR
January 24, 2005 REGULAR COMMISSION MEETING Paee 4
'~ LEAKS ON CONSUMER'S SIDE OF METER; ADDING SECTION
22-4(f), ADJUSTMENTS FOR FILLING A SWIMMING POOL;
DELETING ARTICLE II, WATERWORKS SYSTEM, SECTION 22-
31, LEAKS ON CONSUMER'S SIDE OF METER; TO PROVIDE
FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE.
The Mayor read the ordinance by title only and commented that the
ordinance was in reference to an attempt to lessen the substantial impacts of
leaks on the consumer's side of the meters.
Commissioner Waters opened discussion asking for information regarding
discharge from leaks entering the sanitary sewer system. City Manager
Hanson responded and explained the circumstances surrounding potential
situations.
Commissioner Waters also questioned the wording in Article I, section (f) of
the Ordinance which appeared to allow for more than cone-time adjustment
if pool repairs are necessary more than once. Finance Director, Nelson
VanLiere responded to the question by explaining that the wording was
created in order to prevent abuse of the allowable adjustments.
Commissioner Waters suggested that the wording of section (f) be changed
to include the distinction that the one time allowance or adjustment is per
owner.
Motion: To approve Ordinance No. 80-OS-70 with amendment of Article
I, section (f) to read, " A one time allowance or adjustment per owner of
volume billed..."
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Approve funding for $12,500 in mid-year budget adjustments for
web site development and hosting (City Manager)
Motion: To approve funding for $12,500 in mid-year budget
adjustments for web site development and hosting
Chief of Police, David Thompson, gave background on this item and
information on the original company contracted to develop the City's
,.~- website. Chief Thompson discussed the current situation and problems
encountered with the website due to the fact that the company originally
January 24, 2005 REGULAR COMMISSION MEETING Paee 5
~ contracted has since discontinued its service in website development. He
explained the options available to the Commission in regards to maintaining
and developing the City's website.
Commissioner Parsons asked what was involved with continued
development of the website. Chief Thompson provided specific examples
of ways the website could be enhanced and thus improve the functions of
the City.
Commissioner Parsons also asked what the functions of the City's IT
department currently are. Chief Thompson explained that the IT
department maintains the systems within the City's organization and that
the website is a very specific field that gets contracted out.
Commissioner Simmons inquired about the process involved in obtaining a
contract with a new company. Chief Thompson replied that the City would
follow the normal purchasing process if the Commission authorized the
funds to pursue the issue.
Commissioner Simmons asked for further explanation of the purpose for the
funds being requested. Chief Thompson responded that the budget funds
~, would serve the following two purposes: 1) to obtain a developer to create
the website, and 2) to include the means to host the website.
Commissioner Simmons commented on the need to find a system that fits
the specific needs and fiscal constraints of Atlantic Beach without
becoming outdated too quickly. City Manager Hanson further explained the
concept of hosting a website and the process of selecting the proper
company to fit the City's needs.
Moved by Parsons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Authorize transfer of budgeted funds from the Hopkins Creek to
other projects (City Manager)
Motion: To authorize transfer of budgeted funds from the Hopkins
Creek to other projects
Public Works Director, Rick Carper, provided a presentation on the
Stormwater Capital Improvement projects and the areas included in the
plans. Rick Carper identified the problem areas where he would like to use
the funds to conduct studies for improvements in drainage issues. He
outlined these areas as including intersections on Ocean Boulevard, Beach
January 24, 2005 REGULAR COMMISSION MEETING Paee 6
~ Avenue and East Coast Drive. Rick Carper also requested additional funds
to address safety and maintenance problems involving the Seminole Road
Ditch and its headwall.
Commissioner Parsons questioned how many accidents have occurred in the
Seminole Road Ditch. Chief Thompson responded that there have been a
handful of accidents, mainly occurring in inclement weather. Commissioner
Parsons asked for clarification on the ex-filtration trenches. Rick Carper
described their functions and explained what aspects of the project still need
to be studied to determine feasibility. Commissioner Parsons asked about
the status of Hopkins Creek and how often it floods. Rick Carper, Chief
Thompson and City Manager Hanson responded and reported on the
decreased amount of flooding in that area. Commissioner Parsons stated that
he has concerns with supporting the request for $15,000 in funds to study the
feasibility of filling Seminole Road Ditch.
Commissioner Waters expressed concerns with altering Seminole Road
Ditch if it would result in less water being contained in the ditch. Rick
Carper responded that the proposed project would decrease the amount of
water contained by the ditch. Commissioner Waters questioned the volume
of water that the ditch can currently contain. Rick Carper stated that issue
~,,, would be included in the study being proposed.
Commissioner Simmons inquired what the maintenance on the ditch
currently involves and costs. Rick Carper responded that the annual
maintenance requires the cost of two men, one machine and three days of
labor. Commissioner Simmons stated she would support removing the ditch
and inquired what prevented the Commission from proceeding with a
previous project involving culverts. Mayor Meserve responded that the cost
of the boxed culverts was the prohibitive factor. Mayor Meserve expressed
the same concerns as Commissioner Waters regarding changing the capacity
of water the ditch can contain. Commissioner Simmons addressed issues
regarding the depth of the ditch and questioned the necessity of replacing the
headwall. Rick Carper stated these issues would be included in the study.
Commissioner Waters asked about the status of Hopkins Creek and how the
plans of Neptune Beach and Jacksonville Beach would affect the City of
Atlantic Beach. Rick Carper responded and discussed the projects involving
Hopkins Creek.
Moved by Simmons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
~^ MOTION CARRIED
January 24, 2005 REGULAR COMMISSION MEETING Paee 7
C. Policy Options for Requiring Septic Tank Owners to Convert to
the Public Sewer System (City Manager)
City Manager Hanson gave the background on the issues discussed at the
last meeting and reviewed the policy options listed in his report. He
discussed the budget impacts of each option and also the issue of enforcing
the policy.
Commissioner Waters stated that enforcement of the policy should not be
designated to the Code Enforcement Board. He felt that once the deadline
was reached, the conversion should be assumed by the residents and they
would be automatically charged for sewer and water. Commissioner Waters
supported raising the cap on the loans and setting an indexed interest rate,
not to exceed 6%. He supported placing a lien on the house, but did not
support affecting the utilities.
Mayor Meserve recommended increasing the loan maximum to $5000 at the
prime rate plus one percent for ten years and keeping the issue separate from
the utilities. He also supported keeping the CDBG funds available for those
who are eligible. Mayor Meserve stated the need for the Commission to
agree on an enforcement plan for those who don't comply with the policy.
Commissioner Simmons discussed issues concerning placing liens on the
houses. She questioned the logistics of charging for sewer and water if the
conversion does not occur by the deadline. City Manager Hanson stated that
in the past the City has been able to place it's own meter on the person's
well.
Commissioner Parsons agreed with all suggestions stated.
City Manager Hanson proposed to change the enabling resolution according
to their discussions and bring it to the next meeting.
City Manager 9. City Manager
A. City Manager's Report
City Manager Hanson reported on each item of his written report. The
report is attached and made part of this official record as Attachment A.
Privately Owned Dune Crossovers
City Manager Hanson reviewed the three options listed in his report and
asked for guidance from the Commission on which direction to pursue.
Januarv 24, 2005 REGULAR COMMISSION MEETING Page 8
~ Commissioner Waters believed it would be unfair to ask the residents to
remove the crossovers they had rebuilt. He supported allowing the
crossovers to remain in place and see how the dunes rebuild themselves.
Commissioner Simmons felt the situation was a result of Mother Nature and
agreed not to ask the residents to spend more money rebuilding the
crossovers again.
Commissioner Parsons discussed the need to address the issue of crossovers
that are built too high and block the view of the neighbors. He agreed to
leave the situation alone for now and readdress it when the dunes are
renourished.
City Manager noted that the consensus of the Commission was to leave the
crossovers as they are for now.
Pavement Management Scores
City Manager Hanson reported on the scores in his report and stated the
ratings for 2004 were good.
City Manager Hanson reminded everyone that the Parliamentary Procedures
Workshop was rescheduled for the coming Wednesday, January 26 at
6:OOpm.
Super Bowl
City Manager Hanson discussed the Super Bowl preparations that the City
had been working on for the past year. He asked Chief Thompson to
address most of the issues which relate to Public Safety.
Chief Thompson distributed a handout on the City's preparation for the
Super Bowl and stated that the same information could also be found on the
City's website. Chief Thompson addressed each of the items relating to
Public Safety, including traffic, parking, alcohol, noise, lifeguards,
fire/rescue units, code enforcement, and maps available to guide the public.
Rick Carper, Director of Public Works, addressed the issues relating to
sanitation. A copy of the handout has been included in these official
minutes as Attachment B.
Commissioner Waters expressed appreciation of the flexibility and
adaptability of the City in regards to the Super Bowl issues.
Use of Chlorine in City water system
City Manager Hanson addressed a previously received suggestion to replace
the chlorine system with a different method for disinfecting the water
supply. Donna Kaluzniak, Public Utilities Director, responded by
explaining that the State requires that the disinfection system result in a
January 24, 2005 REGULAR COMMISSION MEETING Paee 9
~ residual substance that can be measured to determine standards are being
met. She reported that the chlorine method currently being used meets
these standards. The ultraviolet disinfection process suggested cannot be
used because it is more costly and does not meet the State's requirements
for a residual substance.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Simmons
• Discussed the issue of the number of news racks and magazine boxes
located around the city on corners and next to mailboxes. She wants to
find a more attractive solution for these.
• Noted that the Commission is no longer receiving minutes from other
city board meetings. She would like to return to the system of having
those minutes forwarded to the Commission.
Commissioner Parsons
• Commented on a movie put together by the Northeast Florida Regional
Planning Council and that he would like to receive a copy of it.
~. • Reported that a citizen contacted him regarding a 4-foot chain link fence
and skateboard ramps located in residents' yards. He inquired about the
policies regarding these items. City Manager responded that the
regulations prevent them from being in the front yard and called on
Chief Thompson for clarification. Chief Thompson commented that
there are few restrictions that can be enforced by the City regarding
these items, but the staff would work with the citizens to see if they can
find acceptable alternatives.
• Noted that he'd like to receive more of the maps distributed for the
Super Bowl.
Commissioner Waters
• Confirmed Commissioner Simmons' suggestion to find a way to
regulate or permit the proliferation of news and magazine materials
located in numerous public areas.
• Asked for clarification on the meaning of the Pavement Management
Scores. City Manager Hanson responded and noted that the average
quality of pavement surface is still in good condition.
Mayor Meserve
• Reported that Commissioner Waters pointed out to him that the
Jacksonville City Council passed a motion to support retention of the
Kennedy aircraft carrier. He stated that he would be willing to sponsor
~- legislation to the same effect and supported acquiring a replacement
carrier if the Kennedy is too cost-prohibitive to retain. He encouraged
Jauuary 24. 2005 REGULAR COMMISSION MEETING Page 10
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the City of Jacksonville to support the efforts of their Congressman. He
stated he would compose aone-page statement supporting the issue for
the Commission to consider at the next meeting.
Adjournment There being no further discussion,
adjourned at 8:55 p.m.
ATTEST:
Donna L. Bussey
City Clerk
Mayor declared the meeting
idinQ Officer
ATTACHMENT A
JANUARY 24, 2005 COMMISSION MEETING
January 18, 2005
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
City~ger
SUBJECT: City Manage s Report
Privately Owned Dune Crossovers; During the hurricanes last fall, several of the privately
owned dune crossovers were damaged or destroyed. Many of the homeowners have since rebuilt
these crossovers without permits. Most have been rebuilt exactly as they were prior to the
hurricanes. With much of the dunes eroded during the storms, this means that many of the
rebuilt crossovers extend well beyond the dune lines. The City Code requires that the crossovers
be 24 inches above the sand. Therefore, there aze several crossovers that currently do not meet
the city's regulations. Aside from being unsightly, they occasionally block city vehicles during
high tide.
There are three options; leave them as they aze, require them to be immediately rebuilt in
accordance with City Code requirements or allow them to remain in place until the
renourishment project is complete this summer so that they can then be rebuilt to match the
reconstructed dune profile. While the crossovers have posed some problems, it would appear
more reasonable to allow the crossovers to remain until the dunes aze rebuilt to their final profile.
However, homeowners should be notified that they will be required to relocate their crossovers
as soon as the work is completed. Because this would involve a stay in the enforcement of a City
Code provision, Commission input is requested.
Pavement Management System Scores; Several yeazs ago, Atlantic Beach implemented a
pavement management system that tracks the condition of each city street through numerical
scores. These scores can then be used as a basis for determining which streets to resurface or
rebuild and the overall condition of our streets. The average score in Atlantic Beach was
improved through the lazge amount of reconstruction and resurfacing that was included in the
Core City Project. Scores for each yeaz are as follows;
2000 63.2
2001 61.83
2002 65.00
2003 74.22
2004 73.30
Suaerbowl Plans; A brief report will be presented on planning for the upcoming Superbowl.
ATTACHMENT B
JANUARY 24, 2005 COMMISSION MEETING
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Super Bowl Plaus
City of Atlantic Beach
Police:
Traffic:
Officers from Atlantic Beach, Neptune Beach, and Jacksonville Beach will be
working together to monitor the traffic patterns and flows during the week
preceding the Super Bowl, especially February 3'~`~ through February 6, 200.
Based on the demands, traff c lights maybe adjusted and Police Off cers may
direct traffic at major intersections to facilitate better traffic flow. Currently,
there are no plans to alter traffic patterns or to block streets in Atlantic
Beach.
Large deliveries to businesses, that may block traffic lanes, should be scheduled
in the early moaning hours, from 3:00 AM to 7:00 AM whenever possible.
Buses will be allowed to load and unload passengers, but they will not be allowed
to park and stand such that they block traffic lanes.
Trolley:
A trolley will be available to transport people between the Town Center area in
Atlantic Beach/Neptune Beach, and the Jacksonville Beach event area.
Specifically, the trolley will run a loop from 3:00 PM to 3:00 AM Thursday,
Friday, Saturday, and Sunday (February 3- February 6, 2005).
There will be a pick-up/drop off location in the 100 Bloclc of 2"~ Street in Neptune
Beach, and there will be a pick-up/drop location at Pablo Avenue and Third Street
in Jacksonville Beach.
Parking:
Public Parking is being provided at the Fletcher High School and San Pablo
Elementary School in Jacksonville Beach. Directional signs will direct
motorists to these sites.
Buses and limousines will be allowed to park at the City of Atlantic Beach City
Hall Parking Lot at no charge.
~. By policy, illegally parked vehicles will not be towed unless they create an
immediate hazard to public safety, they prevent the passage of public safety
vehicles, or they create an immediate impediment to the traffic flow.
Alcohol:
City of Atlantic Beach Ordinances have not changed, and they will be
enforced as written. Businesses that serve alcohol must be closed at 2:00
AM. They may not remain open to serve food or conduct any business.
Driving Under the Influence and Consumption of Alcohol by Minors will be
strictly enforced.
Drii~icing on public property is prohibited, and officers will utilize discretion
relative to enforcement.
Businesses licensed to sell alcohol are not allowed to expand their operations
into the parking lots or adjacent areas unless they obtain a permit from the
State Division of Alcoholic Beverages and Tobacco. This also requires a
review and approval from the City of Atlantic Beach. Any businesses that would
like to expand their operations should complete an application. as soon as possible.
Applications will be reviewed to assure that all legal requirements are met, and to
establish that adequate security has been. implemented.
Noise:
City of Atlantic Beach noise ordinances will be enforced. Expectations for noise
var}~ according to the day of the week and the time of day.
Monday through. Tlnu•sday, music and noise should be minimal between 9:00 PM
and 7:00 AM.
Friday through Sunday, music and. noise should be minimal between 11:00 PM
and 7:00 AM.
Lifeguards:
Lifeguards will be staffing towers on the beach and running a truck patrol on the
beach during the week for the Super Bowl.. Towers will be placed according to
the crowds on the beach, and staffing will be adjusted according to the weather
and the demands.
Lifeguards will patrol the beach into the late evening/early mo~•~iing hours
02/04/05 through 02/06/05.
Code Enforcement:
City of Atlantic Beach Codes will be enforced throughout the time period of the
Super Bowl Event. Signs placed on the city right-of--way or attached to
trees/utility poles will be removed.
All businesses must have occupational business licenses from the City of Atlantic
Beach. No "pop-up" businesses will be allowed on public or private property
without proper licensing.
Sanitation:
Residential garbage and trash. removal will remain on its noi-~nal schedule.
Commercial garbage and trash removal will receive an additional. picl~ up during
the week. It will be up to the businesses to assure that waste haulers can access
the dumpsters for garbage removal.
If businesses have special needs, then they should contact 904 247-5834 for
assistance.
MAPS:
City of Atlantic Beach employees will have two (2) sets of maps for distribution
as needed for tourists and visitors.
FIRE/RESCUE:
Jacksonville Station 55 in Atlantic Beach will be fully staffed for fire and rescue
emergencies.
Atlantic Beach Lifeguards are certified to administer first aid in minor cases.
References:
For General Super Bowl information about events, tinges, etc., people may be
refen•ed to www.jacksonvillesuperbowLcom.
For Atlantic Beach infot-~nation, people maybe directed to www.coab.us.
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Banners
• Temporary banners are not permitted with the City of Neptune Beach.
• Within the City of Atlantic Beach, non-commercial banners promoting special
Community Events are permitted, and the City considers the Super Bowl as a
special Community Event. Any banners must be hung fully within private
property, must not be hung from trees, and must not be placed where they may
create any visual obstruction for vehicles or pedestrians.
Tents
Within both the City of Neptune Beach and the City of Atlantic Beach, permits are
required for the temporary placement of tents. Tent permits can be processed fairly
quickly, but please do not wait until the last minute to request these.
Alcohol sales and consumption
Alcohol consumption is allowed only on private property or within properly licensed
businesses within the City of Neptune Beach or the City of Atlantic Beach.
As of this date, the Cities will not approve temporary 2COP or 4COP licenses for any
businesses or locations, which do not presently hold a valid license from DABT.
Street Vendors
Outdoor street vendors are not permitted within the City of Neptune Beach or the City of
Atlantic Beach.
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