02-11-02 vCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
February 11, 2002
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Commission Meeting of January 28, 2002
2. Courtesy of Floor to Visitors
A. Purvis & Gray to present audit report
3. Unfinished Business from Previous Meeting
A. City Manager's follow up report on issues from previous meetings
B. Discussion and related action in connection with increasing collection of yard
trash to twice per week (Comm. Parsons)
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE
DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED
SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS
A. Acknowledge receipt of monthly reports from Building, Occupational
License, and Recreation Departments (City Manager)
B. Award annual contract to Florida Pipe Tech for storm water jetting and
cleaning at the unit prices quoted in their bid (Bid No. 0102-8) (City
Manager)
C. Award annual contract to R.L. Lawrence for concrete repairs at the unit
prices quoted in his bid (Bid No. 0102-10) (City Manager)
D. Award annual contract to Tom's Asphalt for asphalt repairs at the unit prices
quoted in their bid (Bid No. 0102-9) (City Manager)
E. Authorize the Mayor to sign a letter authorizing the City of Jacksonville to
fly aircraft within the boundaries of Atlantic Beach to spray mosquito
breeding locations (City Manager)
5. Committee Reports
Page Two AGENDA February 11, 2002
6. Action on Resolutions
A. Resolution No. 02-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING THE ICMA-RC MODEL 401 QUALIFIED MONEY
PURCHASE RETIREMENT PLAN DOCUMENT AND ESTABLISHING
AN AMENDMENT (City Manager)
B. Resolution No. 02-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING THE CITY'S ICMA 401 MONEY PURCHASE PLAN TO
PERMIT LOANS (City Manager)
7. Action on Ordinances
A. Ordinance No. 90-02-174 — Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO. 90-01-
172, CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SECTION 24-163, PARAGRAPH
(13)(2), STORAGE AND PARKING OF COMMERCIAL VEHICLES AND
RECREATIONAL VEHICLES AND EQUIPMENT IN RESIDENTIAL
ZONING DISTRICTS, PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE (City Commission)
8. Miscellaneous Business
A. Appointments to Tree Board (2) (Mayor)
B. Discussion and related action regarding the franchise fee levied by the City
of Jacksonville on outside city water and sewer sales (Mayor)
C. Authorize staff to negotiate a contract with CE & I Services for construction
engineering and inspection for the Core City Project (City Manager)
D. Approve Community Development Block Grant projects for FY 2002-2003;
authorize the Mayor to sign documents as required to submit application, and
execute contract (City Manager)
E. Stephen Rausch, 301 Magnolia Street appealing the decision of Tree
Conservation Board (Tree Board decision June 1996) (City Manager)
F. Discussion and related action regarding the City's Newsletter (City Manager)
G. Approve Financial Policies for Rate Increases (City Manager)
H. Appoint a Commissioner to serve on an audit selection committee (City
Manager)
9. City Manager Reports
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
Page Three AGENDA February 11, 2002
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need
to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and
evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance
to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00
PM, Friday, February 8, 2002.
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, FEBRUARY 11, 2002
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners M s
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AND: James Hanson, City Manager T C
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Alan C. Jensen, City Attorney 0 N
Maureen King, City Clerk N D
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Mayor Meserve called the meeting to order at 7:15 p.m. The invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission meeting of
January 28, 2002
Commissioner Borno referenced Page 8 of the minutes and requested that
"a lawsuit had now been filed" be changed to "an effort has commenced."
Commissioner Beaver referenced the same page and requested that the
four percent sales tax mentioned under his report be changed to four and
one-half percent. BEAVER
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Motion: Approve the minutes of the Regular Commission PARSONS
Meeting of January 28, 2002 as amended. WATERS
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The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
Alan Potter of 374 Second Street stated there were several hazardous
areas in the Sherry Drive project where the fill dirt had washed out from
around the sidewalks and should be repaired. Mr. Potter also felt that an
insufficient number of barricades were being used along Sherry Drive and
some of those were broken. He noted that City of Atlantic Beach (CAB)
barricades were being used and felt the contractor should provide his own
barricades.
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February 11, 2002
Stephen Kuti of 1132 Linkside Drive stated that he had spoken with
Chief Ray Alfred of the Jacksonville Fire Department and read a prepared
statement concerning calculation of fire department response times,
dispatching of 911 calls, and the checking and maintenance of fire
hydrants, and said he disagreed with some of the information in Director
Thompson's report regarding the fire service.
Mr. Kuti stated that he had read the city's Audit Procurement Policy and
felt the city should change auditors in light of the recent failure of the
Enron Corporation.
Sally Clemens of 1638 Park Terrace West inquired concerning the
information she requested during the January 28th Commission meeting.
She agreed with Mr. Kuti and felt the city should change auditing firms.
J.P. Marchioli of 414 Sherry Drive commended the Public Works crew
for the quick response to his request to trim overgrown shrubbery which
obstructed the stop sign at the corner of East Coast Drive and Sixth Street;
inquired concerning construction of a new sidewalk on the east side of
Sherry Drive and reiterated his concerns expressed at the previous
Commission meeting concerning fire department response times and the
checking of fire hydrants.
Dorothy Kerber of 365 First Street commented on the following: (1)
Felt the city should change auditing firms every few years, (2) opposed a
second weekly yard trash pick up as being too costly for citizens on fixed
incomes, and (3) felt if the City did not choose to absorb the 5% franchise
fee levied by the City of Jacksonville, it should not be passed on to all
Atlantic Beach utility customers, but only those utility customers outside
the city boundaries.
A. Purvis and Gray to present audit report
Ron Whitesides, Manager of the Atlantic Beach audit team, introduced
himself and presented the audit report to the Commission and indicated
that the report complied with all federal, state and local accounting
requirements.
Mr. Whitesides indicated that the firm had looked at the city records, its
financial condition, and areas of compliance. He provided a brief
overview of the report and indicated that the city was in good financial
condition with adequate reserves. Mr. Whitesides reported that the sewer
and stormwater funds were operating at a slight loss and at a minimum,
should operate at a break even level.
In the area of compliance with Community Development Block Grant
(CDBG) fund requirements, it was noted that income verification data for
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February 11, 2002
some of the fund recipients was not available at the time of the audit. It
was noted that since that time, the city had provided the required
information on all but one of the recipients. Mr. Whitesides also indicated
that monthly status reports had not been completed as required.
Community Development Director Doerr reported that the income of all
but one of the recipients had been verified as meeting the requirements.
However, the fifth recipient posed an unusual case in that she had passed
away before the work on her home was completed and the property now
belonged to her sister. She indicated that she would be working with the
City Attorney to resolve this matter.
Commissioner Waters inquired concerning maintenance of the Aquatic
Gardens retention pond and the City Manager indicted that the pond was
not maintained by the city since it was privately owned. He reported that
the city was receiving proposals to update its Master Drainage Plan, and
would focus on drainage problems in that area after completion of the core
city project.
A. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson deferred to Chief Thompson for an overview of his
Fire and Rescue Report, which is attached and made part of this official
record as Attachment A.
Chief Thompson explained how response times are calculated. He
verified that fire hydrants were checked by fire station personnel on a
regular basis and any hydrants found to be in disrepair were repaired by
the Utility Department.
A brief discussion ensued. Mayor Meserve referenced a recent Editorial
in the Beaches Leader on fire service, which contained erroneous
information, and stated he intended to respond to the editorial. There
were no objections.
B. Discussion and related action in connection with increasing
collection of yard trash to twice per week (Commissioner
Parsons)
Commissioner Parsons indicated that he was still working on this issue
and would like to postpone discussion until a future date.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building
Occupational License, and Recreation Departments (City
Manager)
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February 11, 2002
B. Award annual contract to Florida Pipe Tech for storm
water jetting and cleaning at the unit prices quoted in
their bid (Bid No. 0102-8) (City Manager)
D. Award annual contract to Tom's Asphalt for asphalt
repairs at the unit prices quoted in their bid (Bid No. 0102-
9) (City Manager)
E. Authorize the Mayor to sign a letter authorizing the City
of Jacksonville to fly aircraft within the boundaries of
Atlantic Beach to spray mosquito -breeding locations (City
Manager)
Commissioner Waters requested that Item 4C be removed from the
Consent Agenda for further discussion.
Motion: Approve Consent Agenda Items A, B, D and E
as presented.
There was no discussion and the motion carried unanimously.
C. Award annual contract to R.L. Lawrence for concrete
repairs at the unit prices quoted in his bid (Bid No. 0102-
10) (City Manager)
Motion: Award annual contract to R.L. Lawrence for
concrete repairs at the unit prices quoted in his bid (Bid
No. 0102-10).
Commissioner Waters inquired as to how sidewalk repairs were made
and stated that he did not like to see patched sidewalks. Public Works
Director Kosoy explained the repair policy and indicated that under
normal conditions, the entire section would be replaced.
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
There were no committee reports.
6. Action on Resolutions:
A. Resolution No. 02-01
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING THE ICMA-RC
MODEL 401 QUALIFIED MONEY PURCHASE
RETIREMENT PLAN DOCUMENT AND
ESTABLISHING AN AMENDMENT (City Manager)
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February 11, 2002
Motion: Approve Resolution No. 02-01.
City Manager Hanson explained that this action was required to bring
the city into compliance with the Federal Economic Growth and Tax
Relief Reconciliation Act of 2001. It was pointed out that the old and
new agreements were the same except for changes in the normal
retirement age from 54 to 65 and a reduction in the employer
contribution rate from 15% to 9.25%.
Following a brief discussion of the differences between the
computation of benefits in the City Manager's retirement plan and the
general employees pension plan, the motion carried by a four to one
vote with Commissioners Beaver, Borno and Parsons and Mayor
Meserve voting aye and Commissioner Waters voting nay.
B. Resolution No. 02-02
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING THE CITY'S ICMA
401 MONEY PURCHASE PLAN TO PERMIT LOANS
(City Manager)
Motion: Approve Resolution No. 02-02.
There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-02-174 Final Reading & Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING ORDINANCE NO. 90-01-172, CHAPTER
24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SECTION 24-163,
PARAGRAPH (11)(2), STORAGE AND PARKING OF
COMMERCIAL VEHICLES AND RECREATIONAL
VEHICLES AND EQUIPMENT IN RESIDENTIAL
ZONING DISTRICTS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
DATE (City Commission)
Motion: Adopt Ordinance 90-02-174 on final reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from those present.
J.P. Marchioli of 414 Sherry Drive felt the that zoning regulations
should reflect the wishes of residents living in a particular area
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February 11, 2002
Pat Pillmore of Camilia Street requested clarification of the
requirements of the ordinance. Mayor Meserve explained the change.
No one else spoke for or against the ordinance and the Mayor
declared the public hearing closed.
Commissioner Waters opposed lowering the setback requirement.
He felt the twenty foot 20' requirement kept front yards free from
obstructions which could pose a safety risk to children, particularly in
the core city area.
There being no further discussion, the motion carried by a four to one
vote with Commissioners Beaver, Borno, and Parsons and Mayor
Meserve voting aye and Commissioner Waters voting nay.
S. Miscellaneous Business:
A. Appointments to the Tree Board (2) Mayor
Mayor Meserve indicated he would like to defer the appointments to the
next meeting.
B. Discussion and related action regarding the franchise fee levied
by the City of Jacksonville on outside city water and sewer
sales (Mayor)
Mayor Meserve provided background information and stated that he
would like to address this matter in the broader perspective of a ten-year
plan for funding of the water and sewer systems. Secondly, he indicated
that there were some issues coming up with the St. Johns River Water
Management District (SJRWMD) relative establishing a rate structure
which encourages conservation. The Mayor indicated that on April 1St the
City would have to begin paying the franchise fee, and there was no
choice in the matter, other than going to court.
He suggested that a decision on this matter be incorporated into the budget
process in order to try to be aware of the whole issue when reviewing and
restructuring the utility rates. He also indicated that the city could not
levy the 5% franchise fee on the non-residents without holding a public
hearing and passing an ordinance to do so.
The Commission by consensus agreed to discuss this further during the
budget process.
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February 11, 2002
C. Authorize staff to negotiate a contract with (CE & I Services)*
for construction engineering and inspection for the Core City
Project (City Manager)
Motion: Authorize staff to negotiate a contract with GAI
Consultants for construction engineering and inspection
services for the Core City Project.
There was no discussion and the motion carried unanimously. *(As a
point of clarification, City Clerk King under her report in Item 10,
indicated that the name of the company had been incorrectly listed on
the agenda as CE & I Services and should have been GAI
Consultants).
D. Approve Community Development Block Grant Projects
for FY 2002-2003; authorize the Mayor to sign documents
as required to submit application, and execute the contract
(City Manager)
Motion: Approve Community Development Block Grant
Projects for FY 2002-2003; authorize the Mayor to sign
documents as required to submit application, and execute
the contract.
In response to an inquiry from Commissioner Waters the City
Manager Hanson stated that the grant funds would be spent on
infrastructure improvements to the Donner Community Center area
and included paving of Jordan Street, and installation of sidewalks
and street lighting in the area. He indicated that a portion of the funds
would be spent on inspections and correction of existing code
violations throughout the area.
Community Development Director Doerr's staff report is attached
and made part of this official record as Attachment B.
There was no discussion and the motion carried unanimously.
E. Stephen Rausch of 301 Magnolia Street appealing the
decision of the Tree Conservation Board (Tree Board
decision of June 1996) (City Manager)
Mr. Rausch introduced himself and distributed copies of Page 2 of the
June 16, 1996 Tree Board Minutes, a copy of a letter from his
contractor, Richard Thompson, dated January 15, 1997, and a copy of
a letter dated November 8, 2001 written by Mr. Rausch to City
Attorney Jensen. These documents are attached and made part of this
official record as Attachment C.
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Mr. Rausch explained that it was his understanding that the matter
was settled. He indicated that he was not appealing the decision of
the Tree Board, but was trying to shed some light on what he believed
to be a misunderstanding.
Mr. Rausch referenced paragraphs four through seven of the Tree
Board Minutes and the letter his builder, Mr. Thompson. He pointed
out that he had agreed to mitigate 57.5" of hardwood trees (Paragraph
7 of the minutes), and stated that the inches were put back into the
ground, but his builder could not do it in December. Therefore, the
City Manager at that time, Mr. Jarboe, had him sign an agreement
with a payment plan for tree mitigation in the amount of $4,743.75 to
be paid in eighteen monthly payments of $263.54 so he could receive
a Certificate of Occupancy for the house. He indicated that three
payments were made.
Mr. Rausch further stated that the installation of the palm trees was
approved by Community Development Director Worley (as indicated
in the letter from Mr. Thompson) and the trees were installed in
February of 1997. Mr. Rausch felt planting the palm trees satisfied
the mitigation requirements and he had requested a refund of $790.62
from the city in his November letter to City Attorney Jensen.
Commissioner Bomo pointed out that palm trees were not considered
to be hardwoods and mitigation required that the trees that were
removed be mitigated with 57.5" DBH of hardwoods, 4" DBH of
which must be oak.
Building Official Don Ford reviewed the chronology of events listed
in his staff report which is attached and made part of this official
record as Attachment D.
Discussion ensued and by consensus the Commissioners determined
that the mitigation requirements had not been met.
City Manager Hanson pointed out that in Florida there was a statute
of limitations of five years for collecting on an agreement, and since
that was approaching, he had directed the City Attorney to file with
the court to collect the money due the city.
Commissioner Beaver stated that he served on the Tree Board when
this occurred and trees had been removed from the property without
the proper permit. He felt the Board granted Mr. Rausch much
"® latitude when determining the mitigation requirements. When the
City would not issue the Certificate of Occupancy Mr. Rausch entered
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into the mitigation agreement with the city to put the money in the
tree fund.
Motion: Direct the City Attorney to proceed with the case
to collect the tree mitigation funds.
It was pointed out that since the matter was listed on the agenda as an
appeal, the City Commission must either deny or approve the appeal.
The second to the motion and the motion were withdrawn by
Commissioners Waters and Borno respectively.
Motion: Deny the appeal and direct the City Attorney to
proceed with the case to collect the tree mitigation funds.
There was no more discussion and the motion carried unanimously.
F. Discussion and related action regarding the City's
Newsletter (City Manager)
City Manager reviewed the following options for publishing the city
newsletter: (1) A quarterly four-page newsletter, (2) a monthly two-
page newsletter, and (3) a monthly two-page newsletter to be mailed
with the utility bill.
Discussion of the options and costs for each option ensued.
Commissioners Waters and Beaver favored including the newsletter
with the utility bill.
Commissioner Borno said he liked the idea of sending the newsletter
out with utility bills but did not feel a return envelope was necessary.
Mayor Meserve felt that this matter should be discussed during
strategic planning. He indicated that other options could also be
considered at that time, such as placing the newsletter in the Beaches
Leader or on the internet. Mayor Meserve stated that he also favored
the monthly format.
G. Approve Financial Policies for Rate Increases (City
Manager)
City Manager Hanson reviewed the Financial Policies document and
indicated that if the Commissioners adopted the policy, staff would
perform the analyses and come up with the rates.
Commissioner Waters inquired as to which rates would to be
included. City Manager Hanson indicated that all of the charges and
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February 11, 2002
fees for city services would be included such as stormwater, permits,
license, sanitation fees, etc.
Commissioner Waters supported the need to review the city's rate
structure periodically.
Motion: Adopt Financial Policies for rate increases as
presented by Nelson VanLiere.
Commissioner Beaver commended Finance Director VanLiere for
creating a good policy document.
There was no further discussion and the motion carried unanimously.
H. Appoint a Commissioner to serve on an Audit Selection
Committee
Mayor Meserve nominated Commissioner Parsons to serve on the
Audit Selection Committee. Commissioner Parsons said he would be
willing to serve.
Motion: Appoint Commissioner Parsons to serve on the
Audit Selection Committee.
There was no discussion and the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following items:
Reported that the Corps of Engineers had advised that the due
date for proposals from contractors for the beach
renourishment/river dredging project had been rescheduled to
February 8th and they hoped to award a bid by the end of
February. City Manager Hanson indicated that photographs
of the severe beach erosion which occurred last fall had been
sent to the Corps and City of Jacksonville staff.
• Reported that the bid for renovations to the Adele Grage
Community Center had been advertised with a bid opening
date of March 27th. He indicated that they hoped to award the
bid on April 8th and anticipated the work would be completed
by year's end.
• Reported that the Core City Project bid would be advertised
on February 17th with a pre -qualifying meeting scheduled for
March 1St and a pre-bid meeting scheduled for March 27th
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The bids are scheduled to be opened on April 3rd. The city
expects to receive a grant from the EPA in the amount of
$428,000 for the project.
10. Reports and/or requests from City Commissioners and
City Attorney
City Clerk King
• As a point of clarification regarding Agenda Item 8C, City
Clerk King pointed out that the staff recommendation was to
begin negotiations with GAI Consultants, not CE & I Services
as listed on the agenda.
Commissioner Borno
• Suggested that if it was warranted, the sidewalks on Sherry
Drive be posted as unsafe until completion of the project.
Commissioner Waters
• Reported that the Dewees/Coquina Meeting held on Saturday
and indicated that apparently there was a flooding problem in
the area. The residents who attended the meeting indicated
they would like the street maintained with a permeable
material, not asphalt, and would like the park (Marvin's
Garden) kept clean. He indicated that this was the beginning
of the process to improve the area and other meetings would
be scheduled.
Indicated there was no longer a Commission liaison to the
Teen Council and the Mayor appointed Commissioner Waters
to serve in that capacity.
Commissioner Parsons
• In response to Commissioner Parsons' inquiry regarding a
recent threat to the Building Inspector, Chief Thompson
provided background information and indicated that the
inspector called the Police Department and they handled the
situation.
• Inquired if anything could be done concerning the potholes
and deplorable exterior condition of the old Pic `N Save
building. City Manager Hanson indicated that in the past they
had filled the potholes, but he did not believe much could be
done concerning the building.
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February 11, 2002
Mayor Meserve
• Indicated that he did not agree with the recent editorial
concerning fire service within the city, and he intended to
write a letter to the editor concerning the misinformation
contained in the article.
Commented on the City of Jacksonville Town Center Project
and stated that $2M dollars had been given to each planning
district. He stated that Atlantic Beach was in Planning
District 2, and he had suggested to Councilman Holland that
center medians be considered for Mayport Road for the
District 2 project. He further indicated the project appeared
to meet the requirements for funding and he would proceed
through the Mayport Waterfront Partnership.
• Announced that the Mayport Waterfront Partnership would
meet at 5:00 p.m. the following day at Fleet Landing.
There being no further discussion or business to come before the City
Commission, the Mayor declared the
Attest:
Maureen King
Certified Municipal Cl1erlk
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ATTACHMENT A
FEBRUARY 11, 2002 COMMISSION MEETING
Fire and Rescue Report
February 4,, 2002
Purpose: The purpose of this report is to provide information and answer questions that
have been raised relative to Fire and Rescue operations in Atlantic Beach.
Recent History:
In June of 1999, the City of Atlantic Beach entered into an agreement with the City of
Jacksonville for providing fire and rescue services in Atlantic Beach. This was negotiated
to address a variety of concerns on the part of each organization.
Atlantic Beach had a history of difficulties relative to Fire and Rescue services. There
were times when the staffing levels were so low that the Fire Chief and Assistant Chief
had to work on the response units due to the limited, inexperienced personnel. There
were fire supervisors with less than a year experience because of the turnover in
manpower. There were times when Atlantic Beach borrowed trucks and equipment from
the Jacksonville Fire and Rescue Department for months at a time because Atlantic
Beach units were tied up on long term repairs. The Atlantic Beach Fire Department was
unable to reach an Advance Life Support level of emergency medical service because
every time an Atlantic Beach Fire Fighter was certified as a paramedic, he was hired by
another agency. The turnover in manpower relegated the Atlantic Beach Fire Department
to a training ground for other, agencies.
Jacksonville Fire and Rescue also stood to benefit from the contractual relationship with
Atlantic Beach. Coordination at fire scenes would be enhanced by having a unified
command with communication with all responding units. The location of the fire station
was advantageous, and Jacksonville would not need to purchase land and build a fire
station. Atlantic Beach hired and trained excellent fire fighters, and Jacksonville would
be able to hire the Atlantic Beach Fire Fighters into the Jacksonville organization.
The contractual relationship would provide Atlantic Beach with an Advanced Life
Support level of BMS service, assure the staffing of the station, and save the City of
Atlantic Beach approximately. $100,000 per year in operating expenses.
Fire Fighting Philosophy:
In many parts of the private and public sector, -.businesses are operated with a strong
sense of economy in terms of staffing and equipment. A business typically sends the
lease number of people, with the least amount of equipment to do a job. If the
responding people need additional assistance, expertise, or equipment, then they request
it and it is sent to the location of the work. If the workers are required to wait for the
assistance, it does not create a problem. In fire and rescue operations, this is clearly not
the philosophy.
AGENDA ITEM 3A
FEBRUARY 11, 2002
For fire and rescue operations, sending the least amount of manpower and equipment can
result in the endangerment of people and property. A delay in obtaining manpower and
equipment can have disastrous results. For this reason, the Jacksonville Fire and Rescue
Department sends plenty of manpower and equipment to the scenes of emergencies.
When a Chief on the scene determines that responding firefighters or equipment are not
needed, then he/she advises responding units to disregard the alarm.
On a typical building fire, the Jacksonville Fire and Rescue Department sends four (4)
engines, two (2) ladder trucks, a rescue unit, a safety car, and two (2) Chiefs. There are
typically three (3) firefighters on an engine, which when added to the others, totals more
than 20 firefighters on a scene. This manpower and equipment may appear to be
overkill for a minor residential fire. However, through experience, the department is
anticipating the things that can happen at a fire scene. Fires can spread to adjacent
buildings, homes, and businesses. Firefighters can get trapped inside of buildings and
need to be rescued by their other teams of firefighters. The possibilities of problems are
endless. At the recent fire on lfh Street, there were twenty-one (2 1) Jacksonville
Firefighters and Rescue personnel on the scene.
Additionally, Fire professionals recognize that most fires are extinguished from the inside
of the building, not the outside. Although we may have seen images of firefighters
standing outside and spraying water on burning buildings, the real work is typically done
inside of the building. When Jacksonville Fire and Rescue goes to a building fire, they
immediately try to determine whether or not anyone is inside. If the building is not "fully
involved", then the firefighters enter the burning building where it may be full of smoke
resulting in limited visibility and virtually no oxygen. They seek out the fire from inside
the building to extinguish it. It has been my observation, that the Jacksonville Fire and
Rescue staff is comprised of aggressive firefighters who do not hesitate to attack the fire
in this manner.
At fire scenes, it is common to see firefighters outside of the building where they are
recovering from the physical demands from being inside while fighting the fire. It is
often necessary to have additional firefighters on a scene so that they can take over for
exhausted department members.
Hydrant Testing
Hydrant testing is performed bi-annually by the Jacksonville Fire and Rescue staff at
Station 55, the Atlantic Beach station. They go to every hydrant in the city, and they
open the hydrants to assure that they are functional and to check the flow of the hydrants.
They log all of the inspections, and they notify the Director of Utilities, Donna
Kaluzniak, when service or repairs are needed for hydrants. I have participated in
meetings with Utilities and Fire Department staff, and they appear to communicate well
with one another. This service is included in the contract between the City of Atlantic
Beach and the City of Jacksonville.
all
AGENDA ITEM 3A
FEBRUARY 11, 2002
Response Times
The Jacksonville Fire and Rescue Department logs all response times for all calls for
service in Atlantic Beach. These times are tracked and reviewed on a monthly basis. The
response times are based on the time from the moment that a call is received by the
Emergency Communications Operator, to the time that a unit arrives on the scene of the
incident. In contrast, the Atlantic Beach Fire Department calculated their response times
from the time the units left the station to the time of arrival on the scene.
The response times in Atlantic Beach are typically less then five (5) minutes. Fire
responses have averaged approximately 4.9 minutes, and EMS responses have averaged
approximately 4.4 minutes. These averages include locations outside of Atlantic Beach
where Station 55 responds. The averages from 2000 to 2001 do not show any significant
increase in response times. In comparisons with other response times around the country
and around the City of Jacksonville, our typical response times are excellent.
Simultaneous Alarms:
The law of averages would suggest that with more than 900 calls per year, there are going
to be incidents when the demands overlap. When local fire units have already been
dispatched and committed to a fire, there will be some delay when other units are
required to respond from Jacksonville Beach or Jacksonville locations. The same
problem occasionally arises relative to EMS responses.
When a fire squad is committed to a fire, that fire unit stays at the scene until the matter is
under control and the assistance is no longer needed. It is not acceptable fora committed
fire unit to pack up and leave to take another alarm until the current situation is under
control. If there are two (2) overlapping incidents, then additional units are brought in
from other locations.
Tierra Verde Fire:
A question has emerged relative to a house that burned last month on Tierra Verde. A
fire alarm was received at 58 Dudley Street in Atlantic Beach for a building fire.
Someone had left an oven on a cleaning cycle, and the oven had caught on fire. The fire
fighters from Station 55, the Atlantic Beach station, responded to that location to
extinguish the fire and remove the burning stove from the house. Less than ten minutes
after the first alarm was received and while the fire fighters were on Dudley Street, an
alarm came in for a house fire on Tierra Verde.
Jacksonville assigned units to come in from Jacksonville Beach and Jacksonville
locations. From these distances, the response time took longer than the usual Atlantic
Beach response times.
z
AGENDA ITEM 3A
FEBRUARY 11, 2002
The question has been raised: "Atlantic Beach once had two (2) fire trucks.... And if
there had been two fire trucks on Dudley Street, wouldn't it have been feasible to send
one of them to Tierra Verde?" The answer is, "No."
I . Until the first fire was under control, it would not be appropriate to pull people away
from it to go to another alarm.
2. It is not feasible to send a few firefighters on a truck to fight a building fire. At a
scene, it is inherently unsafe to enter a burning building without at least one person on
the truck to handle the pumps, a two (2) person team to attack the fire, and another
two (2) person team to assist.
In my opinion, if Atlantic Beach had been running the Fire Department at the time, I
don't believe that the responses would have been any quicker. They might have actually
been slower, because Atlantic Beach would have had to request mutual aid from the other
agencies. Jacksonville was able to send units without the red tape.
Summary:
Since the implementation of the Fire and Rescue Contract, the citizens of Atlantic Beach
have received a higher level of service from firefighters with more experience and higher
proficiency levels than their predecessors. When there have been complaints or
problems, the incidents have been resolved to assure that they are not repeated.
Respectfully submitted:
Date: 02/04/2002
David E. Thompson
Chief of Police/ Director of Public Safety
AGENDA ITEM 3A
FEBRUARY 11, 2002
2000 Fire/Rescue
Fire YTD Res Time EMS YTD Res Times
Jan -00
Feb -00
Mar -00
Apr -00
May -00
Jun -00
Jul -00
Aug -00
Sep -00.
Oct -00
Nov -00
Dec -00
Average Monthly -Resp
19
4.754
118
5.306
12
31
4.66
78
196
4.079
11
42
4.462
58
254
4.435
15
57
4.581
53
307
4.209
17
74
4.388
67
374
5.092
14
88
5.998
53
427
4.07
16
104
3.511
74
501
4.29
13
11.7
5.662
53
554
4.25
14
131...
4.318
69
623
4.286
13
144
5.317 -
72
695.
4.283.
12
1-56 -
5:314
51
746
4.294
21
1-77
5.454
59
805
4.37
onse Time
4-.868251
-
4.413667
2001 Eire/Rescue
Fire YTD Res Time EMS YTD Res Times
1 -Jan
1 -Feb
1 -Mar
1 -Apr
1 -May
Jun -01
Jul -01
Aug -01
Sep -01
1 -Oct
Nov -01
Dec -01 -
Average -Monthly Res
21 5.454 59 4.37
9 3 4.239 50 109 4.239
16 46 4.99 65 174 4.472
8 54 3.902 75 249 4.405
18 72 4.564 63 312 4.194
13 85 4.564 .67 379 4.194
21 106 4.312 63 442 4.2
19 125, 5..705 79 521 4.441
18 1-43-4.955... 65 586 4.773
17 1 5.292 55 641 4.985
10 1-70- 6:067 66 707 4.696
17 18-7 4.937 65 772 4.737
Resp
Time - -
4-.915083
4.4755
3
ATTACHMENT B
FEBRUARY 11, 2002 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request to approve projects for Fiscal Year 2002-2003 Community
Development Block Grant
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: January 29, 2002
BACKGROUND: The City of Atlantic Beach maintains an ongoing Interlocal Agreement with
the City of Jacksonville to undertake activities funded by Community Development Block Grants
pursuant to the Housing and Community Development Act of 1974. The portion of Duval County
federal funds allocated to the City of Atlantic Beach is approximately $150,000 per Fiscal Year.
Yearly applications identifying proposed projects are due in February of each year, and grant funds
become available on October the 1st of each year. Funds are required to serve low and moderate
income areas within a so -designated project area and may be used for several categories of activities
including public services, public facility and infrastructure improvements, housing rehabilitation,
node enforcement and certain special activities undertaken by Community -Based Development
Organizations.
During recent years the City has used these funds for a variety of projects including improvements to
the Donner Park and Jordan Park facilities, engineering and design for water and sewer
improvements, and septic tank to central sewer conversions. Housing rehabilitation has been a
primary use of funds in recent years. The activities administered by the City have had a perceptible
impact within the CDBG project area. The use of the park facilities has increased and significant
private re -investment in the area has occurred. New homes constructed by Habitat have also had a
dramatic impact on general housing conditions, and stepped-up law enforcement activity has
reduced crime and the perception of crime within the area.
On January 28th, City staff met to discuss possible projects for the 2002-2003 Fiscal Year. It was
the consensus of staff that funds should be used where the most significant "bang -for -buck" impact
could be achieved, and that funds should not be used for projects and activities that would normally
be budgeted in the near future as typical administrative, service or CII' functions.
Immediately identified were infrastructure needs, particularly drainage and stormwater
improvements within the Donner's and Royal Palms areas, as well as the upgrade and extension of
central sewer and water lines within areas not adequately served. Drainage problems are clearly a
high priority in this area; however, until the completion of the Stormwater Master Plan late this
Fiscal Year, specific projects cannot be identified or budgeted. Implementation of the Stormwater
Master Plan within the CDBG project area may well be the most appropriate use of CDBG funds for
the following 2003-2004 Fiscal Year.
Staff has recommended that the majority of CDBG funds for the 2002-2003 Fiscal Year be used for
projects that will substantially complete redevelopment of the Jordan Street, Francis Avenue and
AGENDA ITEM 8D
FEBRUARY 11, 2002
t
Jordan Park neighborhood within the Donner's subdivision. This area represents the community
center of this portion of the CDBG project area. Several churches are located in this area as well as
Jordan Park and the reconstructed community center, and Habitat has constructed 29 new homes in
this area. Continuing redevelopment of this area has also had a positive impact on commercial
reinvestment along Mayport Road immediately to the west of this neighborhood.
Within this area, most streets are in relatively sound condition with the exception of Jordan Street.
The section of Jordan Street extending from the park to Donner's Road consists of a platted 50 -foot
right-of-way, which is unpaved with no sidewalks or street lights. It is recommended that grant
funds be used to pave this road to City standards with a cul-de-sac and curb and gutter section;
install or replace sidewalks along one side of Jordan Street and other streets as needed and install
street lights as specified by JEA standards. These activities would fall within the Public Facilities
and Improvements category and also the Removal of Architectural Barriers category.
It is also recommended that a portion of funds be allocated for Code Enforcement activities
throughout the CDBG project area, which would include provision for inspection by Building
Inspectors and funds to correct Building Code violations as appropriate. It is anticipated that these
funds would be used to correct health and safety related code violations rather than for general
housing rehabilitation. Staff has found that there seems to be an ongoing need for such assistance
within the project area. The proposed fund would be maintained for use on an as -needed basis, with
eligibility and income verification to be determined on a case-by-case basis in accordance with
applicable HUD qualification requirements.
RECOMMENDATION: Approval of proposed projects for the Fiscal Year 2002-2003
Community Development Block Grant funds as generally set forth within the attached budget,
authorizing the Mayor to sign documents as required to submit application and execute contract.
ATTACHMENTS: CDBG Project Area map and proposed Fiscal Year 2002-2003 CDBG budget
(Budget is subject to final approval by the City of Jacksonville verifying
compliance with applicable Feder and HUD provisions.)
REVIEWED BY CITY MAN
2
ATTACHMENT B
AGENDA ITEM 8D
FEBRUARY 11, 2002
Community Development Block Grant - Fiscal Year 2002-2003
Budget Itemization
Project Goal 1 — Donner Neighborhood Community
Infrastructure Improvements
(Public Facility and Removal of Architectural Barriers Activity
Costs)
$5,000.00
1.A Sidewalk installation on Francis Avenue, Jackson Street,
$54,000.00
Simmons Road and Jordan Street
$30,000.00
1.B Street light installation along Jordan Street (ten lights at $700
7,000.00
each
1.0 Paving and improvements to Jordan Street to City of Atlantic
66,000.00
Beach street standards per Subdivision Regulations
Total Public FacilityActivit Costs
$127,000.00
Project Goal 2 — Building Code Inspection and Correction of
Violations
2.A. — Code Enforcement Activit Costs
2.A.1 Administration and Inspection
$5,000.00
2.A.2 Correction of Violations
$25,000.00
Total Code Enforcement Activit Costs
$30,000.00
Total FY 2002-2003 CDBG Project Funding$157,000.00
1
Ii L
1
-44
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1{MORITA
��t!1 �' ! �t1`'��'' ..�+rl{Il lil���1�, Ih►" . �r�i�i�_, 4%<
L1'i
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
AGENDA ITEM 8B
FEBRUARY 11, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Franchise Fee Levied by the City of Jacksonville on Outside City
Water and Sewer Sales
Jim Hanson, C4 Ma
January 30, 2002
Atlantic Beach was notified by the City of Jacksonville that it had adopted
a new franchise ordinance that affected Atlantic Beach's water and sewer
sales outside of our City limits. One of the provisions of the ordinance
would impose a 5% Franchise Fee which would go into effect on 10/1/01.
As a result of our concerns over late notification, Jacksonville has since
delayed the effective date until April 2002.
The total amount of the outside water and sewer sales in the current year's
budget is estimated at $2,595.000. Five percent of that amount would
equal $129,750. The Franchise Fee will be in addition to the amounts
collected by Atlantic Beach on Jacksonville's behalf for the Water Utility
Tax of 10% which is already in effect.
At the request of Mayor Meserve, a meeting was held with Jacksonville
Council members Jerry Holland, Warren Alvarez and Elaine Brown.
Many other Jacksonville and JEA staff members attended that meeting.
Mayor Meserve argued that the additional fee would place an unusual
burden on our water and sewer customers outside of the City limits
because Atlantic Beach had already increased the rates in each of the past
two years. The Jacksonville Council members said that they fully
expected Atlantic Beach to pass along the cost to the customers and
declined to eliminate the franchise fee requirement.
State Law requires that a public hearing be' conducted before any
jurisdiction can impose a utility rate on outside City customers that is
more than 125% of the inside City rate. Because this Franchise Fee would
be in addition to that current 125% rate, we have received an opinion from
our City Attorney that a public hearing must be conducted if the
Commission wishes to consider passing on any portion of that Franchise
Fee to the customers.
BUDGET: The estimated cost to the City of Atlantic Beach for the 5% Franchise Fee
would be approximately $125,000 per year. Because there would be
seven months remaining in our current fiscal year after the April Is' date,
the cost to Atlantic Beach during this year is estimated at approximately
$72,900.00.
AGENDA ITEM 8B
FEBRUARY 11, 2002
RECOMMENDATION: Decide if the Commission wants to call for a public hearing to consider
passing along some or all of the franchise fee.
If the Franchise Fee is absorbed by the City without a general rate
increase, the net effect will be a reduction in the amount of funds available
for capital investments in water and sewer infrastructure.
We expect that other rate changes may be needed by October 1, 2002.
The SJRWMD is reviewing City applications for renewal of water
withdrawal permits and may require some rate amendments to promote
conservation. Second, we discussed the need for some (revenue neutral)
restructuring to bring our rate structures more in line with those of
neighboring utilities, but postponed these changes until after the last two
year's rate increases. A rate increase to keep up with inflation over the last
12 months may also be advisable.
It may be prudent to consider all these factors at one time in connection
with the yearly budget process.
ATTACHMENT C
FEBRUARY 11, 2002 COMMISSION MEETING
There was no representative present to discuss the applica-
tion for removal at 135 13th Street. The Board reviewed the
plans and determined that 2 trees were protected, a 13" DBH
magnolia and a 12" DBH palm. There were sufficient palms to
remain on the lot to mitigate the removal of the 12" DBH palm
and one 5" DBH bay tree was designated as partial mitigation
for the removal of the protected magnolia.
Board members expressed regret that the two magnolias on the
property were to be removed and were in hopes that the appli-
cant could find an alternative. The absence of the applicant
did not allow the Board to pursue this recommendation and it
was pointed out that it was unknown whether the applicant de-
sired to replace, on site, the remaining 1 1/2" DBH of hard-
wood trees or to contribute to the City tree fund.
By consensus, the Board agreed to defer action on this tree
removal application until such time as the applicant or his
representative was present for discussion.
Richard Thompson, contractor for the structure to be built on
Lot # 307, Saltair Sub., Sec. # 3, introduced himself and
f apologized for the delay in the trees on site being marked.
�SLNk� There was some discussion as to jurisdiction of the pines
proposed for removal which were on City right of way adjacent
to the lot. It was determined that the applicant could only
' obtain permitting from the Board for those trees which were
lined with the proposed driveway. It was also agreed that
the trees within the house footprint were not protected trees
and could be removed without Board approval,
It was suggested that the driveway entry be changed from Mag-
nolia Street to Seaspray Avenue thereby saving many of the
pines proposed for removal. The contractor and property ow-
ner were not receptive to this change. A total of 115" DBH
is proposed for removal, 8" DBH of which is oak, the remain-
der pine trees. The trees to be removed were identified on
the original site plan.
Hope Van Nortwick made a motion to accept the plans with the
stipulation that removal of the 10 trees shown on the plans
7 totaling 115", including 8" DBH of oak, be mitigated with a 1P J�e
total of 57.5" DBH of hardwood trees, 4" DBH of which must be
oak. Mae Jones seconded; the motion carried unanimously, l
In other business, Mae Jones distributed copies of a listing
(copy attached) of contacts she received as nominations for
historic or otherwise unique trees within the City. Rich Bell
also passed on information on contacts made to him. Hope Van
Nortwick volunteered to take photos at the sites.
- 2 -
Alan Jensen, Esquire
City of Atlantic Beach
November 8, 2001
Dear Mr. Jensen
This letter is to seek your help in resolving my situation and
avoid any further unnecessary action. In 19971 removed several
dead and diseased pine trees with a combined diameter of 57
inches in order to build my house. This was done after repeated
phone calls to City Planner, George Worley, which were never
returned. Shortly thereafter, Atlantic Beach contacted me
regarding this removal and requested I pay $4743.75. 1 made
three payments of $263.54 each.
1 replaced the pine trees in February 1997 with palm trees
totaling 60 inches in diameter. Therefore, I feel I am entitled to a
refund of $790.62. 1 am requesting your assistance in the
refund of my money and the voiding of the contract with Atlantic
Beach.
Thank you in advance for any help you can provide in this
matter. I would appreciate hearing from you by the end of the
month.
Sincerely,
Steve W. Rausch
cc: Don Ford
cc: Mayor John Merserve
OCEAN AND EARTH
R. 7hoopompson Inc,
GENERAL CONTRACTORS
1171 BEACH BOULEVARD
JACKSONVILLE, FLORIDA 32250
PH. 904-246-0375
9042479242 P.01
FX, 904-247-9242
JANUARY 15, 1997
DEAR MR..RAUSCH,
L RECEIVED YOUR PRONE MESSAGE TODAY. I AM TRULY SORRY THAT YOU ARE UNHAPPY WITH
YOUR I TOME AND FEET. ANIMOSITY TOWARD, MY COMPANY. I FEEL THAT WE GAVE YOU THF BEST
POSSIBLYZ HOME FOR YOUR HARD EARNED DOLLAR. I USED ONLY THE BEST QUALITY MATERIALS IN
YOUR HOME AND GAVE YOU MANY EXTRAS AT * NO ADDITIONAL COST TO YOU. I ALSO REDUCED
YOUR FINAL PAYMENT BY $1,000.00 IN LTF..0 OF YOUR FINANCIAL PROBLEMS WITH THF TREE BOARD.
YOU HAVE ATTACHED BLAME TO ME FOR SOME, OF THE UNFORTUNATE SITUATIONS YOU'VE
ENCOUNT11RED. 131JT IF YOU'LL REMEMBER, I PRICED YOUR I40ME FOR LONG BEFORE THE TREE BOARD
M.rrTING. THE ADDITIONAL TREES THEY REQUIRED WERE NOT INCLUDED IN THAT ORIGINAL PRICE. I
AM ALSO SURPRISED THAT YOU DO NOT APPRECIATE THE FACT TWAT I GAVE YOU A $1.000 CREDIT
RICHAR D T HOMPSON
' ATTACHMENT D
FEBRUARY 11, 2002 COMMISSION MEETING
A
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Steven Rausch Tree Mitigation
301 Magnolia Street
SUBMITTED BY: Don C. Ford
DATE: February 5, 2002
BACKGROUND:
June 16, 1996 - Tree Board approves permit to remove 115 inches of hardwood trees
to include 8 inches of oaks. Mitigation will be to replace 57.5 inches of hardwoods to
include 4 inches of oaks or pay $4743.75 into the tree replacement fund.
December 3, 1996 - Building Official refuses to issue Certificate of Occupancy at 301
Magnolia, due to tree mitigation not completed. Payment agreement signed by Mr.
Rausch. City Clerk records agreement in property book.
December 6, 1996 - Letter from George Worley stating terms of agreement and
enclosing copy of signed agreement.
December 9, 1996 - Letter from Michael. Berry Esq. Of Gabel & Hair to Jim Jarboe
stating agreement signed in duress due to holding of CO until agreement made with Mr.
Rausch.
December 16, 1996 - Tree Board agrees to hear appeal of Rausch mitigation. Mr.
Rausch or his representative does not show up for meeting. The Board reviews
mitigation and denies request for reduction of mitigation.
January 28, 1997 - The Code Enforcement Board levies a fine of $250.00 against Mr.
Rausch for removing trees not permitted by the Tree Board.'
October 27, 2001 - Mr. Rausch meets with Don Ford and requested ,refund of three
payments and "voiding" of agreement for tree mitigation. Information from Mr. Rausch
turned over to the city attorney.
October 29, 2001- Alien Jensen notifies M. Rausch of failure to pay agreement and
possible legal action.
AGENDA ITEM 8E
FEBRUARY 11, 2002
November 8, 2001 - Mr. Rausch letter to Mayor, City Manager, and Don Ford
requesting help in "voiding" agreement.
November 13, 2001 - Allen Jensen letter to Mr. Rausch referring to City Commission for
possible relief. Suggests Mr. Rausch pay according to agreement.
RECOMMENDATION: Direct city attorney to proceed with case to collect tree
mitigation, interests and attorney's fees or send case to tree board to review possibility
of reducing mitigation.
APPROVAL BY CITY MANAGER
AGENDA ITEM 8E
FEBRUARY 11, 2002
CITY OF
1*4atzc Basel 57
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5800
December 3, 1996
Stephen Rausch.,
301Magnolia Street
Atlantic Beach, FL 32233
Re: Lot 307, Saltair Section 3N
Atlantic Beach, FL 32233
Dear Sir:
This letter shall serve as an agreement between you and the City of Atlantic Beach
for an extended payment plan for tree mitigation assessed against the above -referenced
property. Fees due are as follows:
TREE MITIGATION $4,743.75
We have determined that payment of the above fees may be extended for a period
of eighteen.months for an amount due .monthly $263.54 due and payable on the fifteenth
day of each month. The first payment shall be due on the date of execution of this
agreement with the next payment becoming due on January 15, 1997 and continueing on
the 15th day of each month thereafter until paid in full. Failure .to make scheduled
payments shall constitute a violation of this agreement and the remaining balance shall
become due immediately. Water and sewer service may be discontinued for nonpayment
of fees due. Alien for the full amount shall be executed and recorded against the above
referenced property. The lien shall be in the form of a note and mortgage on subject
property. The owner hereby agrees to pay all recording fees and costs involved with the
execution of the note and mortgage. Upon payment being made in full, the lien shall be
released of record.
Please indicate your acceptance of the provisions of this agreement by signing in
the place indicated. Your signature also signifies your agreement.to indemnify and hold
harmless the City of Atlantic Beach from any and all damages resulting from your failure
to timely make the above payments, including reasonable attorneys fees and court costs.
AGENDA ITEM 8E
FEBRUARY 11, 2002
SteAen Rausch
Page Two
December 3, 1996
The City of Atlantic Beach looks forward to ,cooperating with you under this
agreement.
Signed, Sealed and Delivered in the CITY OF ATLANTIC BEACH
presence of:
6 w C. FO r2. DBy:
J.IV JARBOE,'�GITY MANAGER
AS TO CITY MANA ER
S N RAUSCH, APPLICANT
AS`'TO AP L CANT
STATE OF FLORIDA
COUNTY OF DUVAL
Before me personally appeared JIM JARBOE, to me well known and known to be
the City Manager of the City of Atlantic Beach, and who acknowledged before me that he
.executed the foregoing instrument on behalf of the City of Atlantic Beach and for the
purposes therein expressed.
WITNESS my hand and official seal at Atlantic Beach, Duval County, Florida, this
_day of December, 1996.
NOTARY PUBLIC MAUREEN KING,
STATE OF FLORIDA ; Notary Public. State of Florida
My Comm. Exp. Mar. 31, 1998
COUNTY OF DUVAL"-•`"
° oc sem° Comm., No. CC 359683
U
Before me personally appeared STEPHEN RAUSCH, to me well known and known
to me to be the individual described in and who executed the foregoing instrument, and
acknowledged before me that he executed the same for the purposes therein expressed.
WITNESS, my hand and official seal this 3i-& day of December, 1996.
NOT RY PUBLIC
it ;n MAUREEN- KING
' Notary Public, State of F;orida
My Comm. Exp. Mar. 31; 1998
�rOF
f`oe
Comm. No. CC 359683
AGENDA ITEM 8E
FEBRUARY 11, 2002
TREE CONSERVATION BOARD
Minutes of December 16, 1996
The Board held its regular meeting on Monday, December 16, in
the Conference Room of City Hall. Present were:
Hope Van Nortwick, Chairperson Rick Bell
Rick Beaver Judy Jacobson
Mae Jones
Staff:' George Worley, Designee Alan Jensen, City Attorney
The meeting was called to order by Hope Van Nortwick, Chair-
person, at 7:40 PM.
—P No representative, including the applicant, Mr. Rausch, his
attorney, or the builder/contractor, was present for the re-
view of.the reconsideration request of mitigation require-
ments for Lot # 307, Saltair subdivision..
Considerable discussion by the Board took place on the issue,
and the following points were made the original tree survey
submitted when the application first came before the Board
was presumed to be accurate. The footprint of the house was
"flipped" on the lot which moved the placement of the drive --
way. This change affected the trees which were removed but
the revisions were not -brought back before the Board.
Very few trees remain on the lot, and it not possible at
this time to determine the exact location, quantity or size
of the trees removed. It was noted the some of the trees
removed may have been on city ight of way and not a part of
the original permitting. Members expressed that the con-
fusion of the removal created a situation which could in-
crease the mitigation requirements, not reduce them.
It was discussed that the ordinance did not require that a
professional survey be submitted with a tree removal appli-
cation. However, when the survey is not professionally done,
it is expected to be accurate so that the Board can rely on
it to properly evaluate the removal proposed and the miti-
gation, if required.
AGENDA ITEM 8E
FEBRUARY 11, 2002
k
After final Board review, Judy Jacobson moved to deny the
r. request for reduction of the mitigation requirements. Rick
Bell seconded and the motion unanimously passed.
George Worley advised that the tree removal permit violation
would be referred to Code Enforcement for their handling. He
will meet with the Code.Enforcement Officer for this purpose
-0 and keep the Board members advised.
On the subject of the January meeting schedule, it was agreed
that the first meeting in January will be held, as scheduled,
on Monday, January 6. The second meeting date falls on Mar-
tin Luther King .Day, January 20, a city holiday. There is a
conflict with meeting rooms and dates for Tuesday, January
21. George and Carl will schedule a date for this meeting
and so advise the Board.
Under reports and announcements, Hope Van Nortwick questioned
when the landscaping, approved by the Community Development
Board, will begin at the Atlantic Theater. George reported
that the irrigation plan has been submitted and is being re-
viewed by Public Works for approval.
Johansen Park plans were also discussed and George estimated
that it would probably be approximately 6 months before work
would begin. Hope reported that the City Manager had con-
tacted her and expressed that he wanted the Tree Board in-
volved in all phases of the project.
Mae Jones passed around aerial photographs and oldpostcards
showing the palm trees in the area of the old Continental
Hotel and surrounding property. She expressed that some type
of action should be taken for these trees and others which
have been nominated as either historic or significant. Con-
siderable discussion followed on the program and it was
agreed that it would be helpful if the Board metas a group
and studied the trees on site.George advised that this was
allowed under Sunshine Law requirements if notice of the
meeting is properly posted.
It was agreed that the work -shop type meeting would be held
$ on Saturday, January 25, at 10 AM and would take place at
the Adele Grage Community Center.
George reported that he and Karl Grunwald, Code Enforcement
Officer, have reviewed the paperwork on the violation by
Pulte Homes of removal of trees prior to permitting. A
special meeting may be called by the Code Enforcement Board
during the latter part of January. Possibly the violation
by Mr. Rausch could be reviewed at the same meeting. The
Board will be notified of the Code Enforcement meeting date.
2 -
AGENDA ITEM 8E
FEBRUARY 11, 2002
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach, Florida 32240-0457
Telephone (904) 246-2500 Facsimile (904) 246-9960
E -Mail: AJensenLaw(ZDaol.com
October 29, .2001
Mr. Steven Rausch
301 Magnolia Street
Atlantic Beach, FL 32233
RE: Tree Mitigation
Agreement with City of Atlantic Beach
Dear Mr. Rausch:
I am the City Attorney for Atlantic Beach. Enclosed is a copy of an agreement you signed with the
City on December 3, 1996. It is my understanding that you have only made three (3) payments
under the agreement, the last one by your check dated February 17, 1997. You therefore still owe
' the City the sum of $3,953.13, which is due with interest since February 17, 1997.
I would appreciate you contacting me immediately upon receipt of this letter to make arrangements
to pay your account in full, and no later than Wednesday, November 7, 200E If you fail to contact
me and make appropriate arrangements for payment of your account, obviously my client with
have to consider all legal recourse available to it. Such legal recourse could include filing suit
against you to collect the amount due, which would include interest at the statutory rate since
February, 1997, court costs, and attorney's fees, as provided for in the written agreement.
Hopefully, no further action will be necessary and you will promptly pay the amount owed to the
City, as you agreed to do.
I would suggest your immediate attention to this matter. Thank you.
Very truly yours,
ALAAJ
EN.
Enclosure
ACJ/sky
Cc: James R. Hanson, City Manager
Don C. Ford, Building Official
AGENDA ITEM 8E
FEBRUARY 11, 2002
Mayor John Merserve
City of Atlantic Beach
November 8, 2001
Dear Mr. Merserve
This letter is to seek your help in resolving my situation and
avoid any further unnecessary action. In 19971 removed several
dead and diseased pine trees with a combined diameter of 57
inches in order to build my house. This was done after repeated
phone calls to City Planner, George Worley, which were never
returned. Shortly thereafter, Atlantic Beach contacted me
regarding this removal and requested 1 pay $4743.75. I made .
three payments of $263.54 each.
1 replaced the pine trees in February 1997 with palm trees
totaling 60 inches in diameter. Therefore, I feel I am entitled to a
refund of $790.62. l am requesting your assistance in the
refund of my money and the voiding of the contract with Atlantic
Beach.
Thank you in advance for any help you can provide in this
matter. !.would appreciate hearing from you by the end of the
month.
Sinc ly, cc To:
Commission
�15,/6 ty M""
t'J' City Attorney
eve W. Rausch 0 Press
- O File
cc: Alan Jensen, Esquire ate:
cc: Don Ford
RECEIVED
I
NOV n 9 200
OFFICE OF THE CITY CLERK
C
AGENDA ITEM 8E
FEBRUARY 11, 2002
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach, Florida 32240-0457
Telephone (904) 246-2500 Facsimile (904) 2.46-9960
E -Mail: AJensenLawaaol.com
November 13, 2001
Mr. Steven Rausch
301 Magnolia Street
Atlantic Beach, FL 32233
RE: Tree Mitigation
Agreement with City of Atlantic Beach
Dear Mr. Rausch:
Thank you for your letter of November 8, 2001, which I received last Friday. I will be more than
happy to help resolve your situation, if I can, but you should refer to my prior letter to you dated
October 29, 2001, and the agreement you signed with the City in December, 1996.
I do not have_ the authority to assist you in a refund of any monies .paid or the voiding of the
agreement you signed. If you wish to pursue that course, I would suggest that you contact the City
Manager, Jim Hanson, and perhaps seek to be placed on the agenda at a City Commission meeting.
Time is of the es nce in that the last a ment ou made was in Feb 1997, and the City
would therefore ave to initiate legal action against you _prior to eb , 2002. It would be my
recommendation tote City that you signed a valid agreement In December, 1996, and that the
balance due is owed with interest, including court costs and attorney's fees if the City is required to
initiate legal action.
Please let me hear from you if I can do anything further.
ery truly yours,
ALAN NSEN
ACJ/sky
Cc: James R. Hanson, City Manager
' Don C. Ford, Building Official