06-11-01 v V v
0 0
T T
0 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH E E
CITY COMMISSION HELD IN CITY HALL,800 SEMINOLE ROAD AT S S
7:15 P.M.ON MONDAY,JUNE 11,2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Bomo
Theo Mitchelson
Dezmond Waters, Commissioners
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AND: James Hanson, City Manager 0 E
Alan C. Jensen, City Attorney T c
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Maureen King, City Clerk ONEN
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COMMISSIONERS
The meeting was called to order by Mayor Meserve at 7:15 p.m. The
Invocation, given by Mayor Meserve was followed by the Pledge of
Allegiance to the Flag.
ID 1. Approval of the minutes of the May 29, 2001 Commission
Meeting
City Manager Hanson indicated that he had misspoken, and requested that
the minutes be amended to change "ductile iron water pipe" to "cast iron
water pipe" in the paragraph under Waterline Replacement on Page 3.
BEAVER X X
Motion: Approve the minutes of the May 29, 2001 BORNO x x
MITCHELSON X
Commission Meeting as amended. WATERS X
MESERVE X
The motion carried unanimously.
Mayor Meserve recognized former Mayor Billy Howell and former City
Commissioner Bob Cook who were present at the meeting.
2. Courtesy of Floor to Visitors:
•
A. Representative from AT & T Broadband —Explanation of
Channel Blocking .
Phil Watson,Director of Field Operations of AT&T Broadband,
explained that there were three applications used to for channel blocking.
0 Mr. Watson explained trapping techniques, sync suppression and digital
encryption in detail. He indicted that by the end of the month, all Pay for
View channels would be encrypted,which was the best form of security.
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June 11, 2001 T C
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• Commissioner Mitchelson inquired if there was a way to block certain COMMISSIONERS N D SE 0
channels, even if they were part of a program package. Mr. Watson
indicated that the Motorola digital box used by the company could be
programmed for parental control.
Commissioner Mitchelson thanked Mr. Watson for the informative
presentation.
Item 6A was taken out of sequence and the Resolution was presented at
this time.
6. Action on Resolutions:
A. Resolution No. 01-11
A RESOLUTION RECOGNIZING THE SERVICE OF
NANCY DECANDIS ON THE CITY'S CULTURAL
ARTS BOARD (Commissioner Borno)
Mayor Meserve read the Resolution recognizing the years of service of
Nancy DeCandis on the Cultural Arts Board in its entirety. Mayor
Meserve presented the framed document to Mrs. DeCandis.
• Mrs. DeCandis stated she was honored by the recognition and thanked the
Mayor and Commissioners for their support throughout the years.
Pat Pillmore of 995 Camelia Street inquired concerning an emergency
exit from Marsh Oaks which was supposed to be located by Tideview
Preserve, and stated that it was not shown on the flyover plans. Ms.
Pillmore expressed concern for the safety of the flyover and felt the
Jacksonville Transportation Authority did not want public input on its
projects. She inquired if anything could be litigated due to safety issues.
Don Remley of 1309 Violet Street stated that Rose Park had been
completed and thanked the Commissioners and Parks and Recreation
Department staff for the beautiful park
J.P. Marchioli of 414 Sherry Drive expressed concern that the plans for
the Core City Project had been changed from the original plan. He
inquired concerning the lower cost for the project and felt that a
cost/benefit analysis should be applied to all projects.
Stephen Kuti of 1132 Linkside Drive read from a prepared statement
concerning the Sherry Drive Reconstruction Project. He expressed
concern that the city would waste $1.3 million if the St. Johns River
Management District (SJRWMD) did not permit Core City Project. The
• statement is attached and made part of this official record as Attachment
A.
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• Alan Potter of 374 Second Street addressed the Sherry Drive COMMISSIONERS N D S o
Reconstruction Project in relation to the Core City Project. Background
information on the project was presented.
Mr. Potter expressed concern for costs associated with the Core City
Project. He referenced the 1996 bond issue for utility improvements and
stated that the fees and costs associated with the issue were $1,113,000.
He indicated that several engineers had been retained since 1996 to design
the project with over$2,000,000 being spent on engineering fees and
related costs.
Mr. Potter felt that work was not proceeding according to the RFP for the
Core City Project which was issued three years ago and felt the city did
not have the proper permits for the work. He felt there would be
additional costs for the final one-inch of paving on Sherry Drive which
would push the costs higher than the $1,396,461.18 bid for the project
(Item 8D). He also felt that the additional fees requested by Aikenhead
and Odom and CSI for the Sherry Drive 12"watermain and BellSouth
conflict boxes (Item 8E)were excessive.
3. Unfinished Business from Previous Meeting
• A. Follow-up report from the Regular Meeting of May 29,
2001 (City Manger)
City Manager Hanson summarized his written report as follows:
Sale of Alcohol to Minors
• Thanked the Police Department for their work to curb the sale
of alcohol to minors and reported that only two of the ten
businesses targeted in Atlantic Beach sold alcohol to minors;
Deadline for Placing Items on the October Ballot
• Reported that the deadline for submitting items to the
Supervisor of Elections for inclusion on the October 2, 2001
ballot was September 11, 2001; and
Renaming of Church Road
• Reported that after a review of notes from the last meeting, it
was not clear whether or not the Commission wished to
proceed with the renaming of Church Road. However,before
addressing that matter, City Manager Hanson reported that
Chief Thompson, Public Works Director Kosoy and he had
met with the residents of the affected area, and they expressed
• concern that the improvement would bring more crime and
traffic to their area. Jacksonville Council Members Holland,
Alvarez and Brown also attended the meeting.
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June 11, 2001 T C
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COMMISSIONERS N D S 0
Mayor Meserve indicated that he had spoken with Council
Member Holland and was told that the funds for the project
would be held in the Finance Committee until the citizens'
concerns were resolved. It was the consensus of the
Commission to address the concerns before giving any
consideration to renaming the road.
The report is attached and made part of this official record as
Attachment B.
Response to Alan Potter's Comments on the Sherry Drive
Reconstruction Project
• The City Manager reported that the City had received written
authorization from the SJRWMD to move forward with the
Sherry Drive Reconstruction project and had held a permit
from the Florida Department of Health—Environmental
Health/Engineering Division for the waterline replacement in
the Core City Project since 1998. Copies of the letter and
permit are attached and made part of this official record as
• Attachment C.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports for Occupational
Licenses, Parks and Recreation, Public Works and Utility
Sales Departments BEAVER X X
BORNO X X
Motion: Approve Consent Agenda Item A as MITCHELSON X
presented. WATERS X
MESERVE X
Commissioner Waters referenced Item #11 of the Public Works and
Utility Departments Project Status and expressed concern for the
quality of sand to be spread on the beach.
Commissioner Mitchelson indicated that the City of Jacksonville was
sensitive to placing beach quality sand on the site and indicated that
he would monitor the project.
Commissioner Waters requested that a letter be sent to the City of
Jacksonville requesting a written response guaranteeing the quality of
the sand.
0 There was no more discussion and the motion carried unanimously.
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June 11, 2001 T c
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• 5. Committee Reports: O N E N
COMMISSIONERS N D S 0
There were no Committee Reports.
7. Action on Ordinances:
A. Ordinance No. 33-01-8 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUBMITTING TO THE
ELECTORS OF ATLANTIC BEACH, A PROPOSED
AMENDMENT TO THE CITY CHARTER CHANGING
THE WAY THE CITY COMMISSIONERS ARE
ELECTED,AND PROVIDING AN EFFECTIVE DATE
(City Commission)
BORNO X
Motion: Adopt Ordinance No. 33-01-8 on final reading. WATERS X
Mayor Meserve opened the floor for a public hearing and requested
comments from those present.
Don Remley of 1309 Violet Street supported the proposed ordinance
and felt citizens received better representation when a Commissioner
• lived in their district.
Former Mayor William Howell of 950 Seminole provided a brief
history of the election process in the City of Atlantic Beach as set
forth in the Charter which he had helped to write. Former Mayor
Howell felt the city was too small for voting districts, but if the
Commission favored them, he felt it would be best to have four
districts with the Mayor serving at large.
Former Mayor Howell explained why the Mayor's term of office was
set at two years and pointed out that the proposed change would only
allow voters to change the majority of the Commission every four
years.
J.P. Marchioli of 414 Sherry Drive favored four voting districts, not
the two districts proposed in the ordinance.
No one else spoke and the Mayor declared the Public Hearing closed.
BEAVER X X
Motion: Defer the vote on Ordinance No. 33-01-08 until a BORNO X
later date not to exceed the September 10, 2001 Regular MITCHELSON X X
Commission Meeting date. WATERS x
MESERVE X
0 Commissioner Mitchelson reiterated his opposition to the proposed
ordinance and indicated that he believed the limited choice afforded
by voting districts would contribute to lower voter turnout. He stated
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June 11, 2001 T C
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• that he would like time to analyze and research historical data as to COMMISSIONERS N D S 0
the potential impact of the proposed ordinance, including voter
turnout statistics.
Commissioners Borno and Waters supported the deferral.
Following brief discussion the motion to defer carried unanimously.
B. Ordinance No. 33-01-9 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUBMITTING TO THE
ELECTORS OF ATLANTIC BEACH A PROPOSED
AMENDMENT TO THE CITY CHARTER CHANGING
THE MAYOR'S TERM OF OFFICE AND PROVIDING
AN EFFECTIVE DATE (Commissioner Waters) BEAVER X
BORNO X X
Motion: Adopt Ordinance No. 33-01-9 on final reading. MITCHELSON X
WATERS X X
Mayor Meserve opened the floor for a public hearing and invited MESERVE X
comments from the audience.
• Stephen Kuti of 1132 Linkside Drive indicated that Ordinance 33-
01-08 was a compromise to the citizens'original proposal for four
districts. He felt deferral of the ordinance would not give citizens
enough time to circulate petitions to put the referendum on the
October ballot. Mr. Kuti favored the four-year term for Mayor.
J.P. Marchioli of 414 Sherry Drive favored retaining a two-year
term for Mayor.
Don Remley of 1309 Violet Street suggested sending a survey form
to the registered voters to see if they wanted the change.
Former Council Member Bob Cook of 1475 East Coast Drive felt
it was best to retain the two-year term of office for Mayor. He felt it
was important to consider that every two years the majority of
Council Members could be voted out of office.
Since no one else wished to speak, the Mayor closed the Public
Hearing.
Mayor Meserve stated that he could see good and bad in both, but felt
that the electors should make the decision.
0 Commissioner Waters expressed his support for the change and
indicated a four-year term for the Mayor would provide for more
efficient government and continuity on the Commission.
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illCommissioner Beaver pointed out that most incumbent Mayors had COMMISSIONERS N D S N0
won re-election. He felt that it was important to remember that the
present system allowed electors to vote for the majority every two
years.
Commissioner Mitchelson indicated that he saw merit in both, but
leaned toward opposing the ordinance.
There was no more discussion and the motion failed by a one to four
vote with Commissioner Waters voting aye, and Mayor Meserve and
Commissioners Beaver, Borno and Mitchelson voting nay.
Mayor Meserve requested that Ordinance No. 33-01-08 be brought
back for final reading before the September 11, 2001 deadline for
placing an item on the ballot, to allow time for citizens to collect
signatures for the matter to be placed on the ballot if they so desired.
C. Ordinance No. 20-01-51 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 2000/2001 BEGINNING
410
OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001
(City Manager) BEAVER X X
BORNO X X
MITCHELSON X
Motion: Adopt Ordinance No. 20-01-51 on final reading. WATERS X
MESERVE X
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience.
Alan Potter of 374 Second Street felt money not spent should be
returned to the General Fund or Water and Sewer Funds.
No one else spoke for or against the ordinance and the Mayor
declared the public hearing closed.
Commissioner Waters inquired concerning the emergency repair
listed in Item 11 and felt the Commission should approve emergency
repairs. Utility Director Kaluzniak indicated that the Commission
had already approved the item based on quotes for the work.
There was no more discussion and the motion carried unanimously.
D. Ordinance No. 5-01-34 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
• BEACH, FLORIDA, AMENDING CHAPTER 2,
SECTION 2-361, SUBSTANCE, TO DELETE THE
DOLLAR AMOUNTS FOR DAILY PER DIEM, AND
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0 REPLACE THEM WITH THE INTERNAL REVENUE COMMISSIONERS N D S 0
SERVICE DAILY ALLOWANCE BEAVER X X
BORNO X X
Motion: Adopt Ordinance No. 5-01-34 on final reading. MITCHELSON X
WATERS X
Mayor Meserve opened the floor for a public hearing and invited MESERVE X
comments from the audience. No one spoke for or against the
ordinance and the Mayor declared the public hearing closed.
There was no discussion and the motion carried unanimously.
E. Ordinance No. 5-01-35 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE IV, DEPARTMENTS,
DIVISION 5, DEPARTMENT OF PUBLIC WORKS,
AMENDING SEC. 2-80 DIRECTOR OF PUBLIC
SERVICES-APPOINTMENT, COMPENSATION;
AMENDING SEC. 2-81, SAME-DUTIES; DELETING
SEC. 2-82, DIVISIONS; APPOINTMENT,
COMPENSATION OF CHIEFS; CREATING NEW
• DIVISION 6, DEPARTMENT OF PUBLIC UTILITIES,
ADDING SEC. 2-84, CREATED; SEC.2-85, UTILITY
DIRECTOR-APPOINTMENT, COMPENSATION;
SEC.2-86, SAME-DUTIES; AND SEC.2-87, OTHER
DUTIES; AND PROVIDING AN EFFECTIVE DATE
(City Manager) BEAVER X X
BORNO X X
Motion: Adopt Ordinance No. 5-01-35 on final reading. MITCHELSON X
WATERS X
MESERVE X
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Authorize staff to proceed with the construction of dune
crossovers with handrails at Sixth, Eleventh and
Thirteenth Streets subject to the requirements for
handicapped accessibility (City Manager)
BEAVER X X
Motion: Authorize staff to proceed with the construction BORNO X X
of dune crossovers with handrails at Sixth, Eleventh and MITCHELSON X
Thirteenth Streets subject to the requirements for WATERS X
handicapped accessibility. MESERVE X
• Commissioner Waters believed the city would get complaints of the
handrails blocking the view. He felt that three such accesses were not
needed.
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• COMMISSIONERS N D S 0
Commissioner Borno inquired concerning handicapped parking.
Parks and Recreation Director Johnson responded that handicapped
parking was available at 6th and 1 1th Streets, but not 13th Street.
There being no further discussion, the motion carried by a four to one
vote with Mayor Meserve and Commissioners Beaver, Borno and
Mitchelson voting aye, and Commissioner Waters voting nay.
B. Approve Community Development Block Grant
Program Housing Rehabilitation contract changes in the
amount of$46,154 and authorize the Mayor to sign the
amended contract (City Manager)
Motion: Approve Community Development Block Grant BEAVER X X
Program Housing Rehabilitation contract changes in the BORNO x x
MITCHELSON X
amount of$46,154 and authorize the Mayor to sign the WATERS X
amended contract. MESERVE X
There being no further discussion, the motion carried unanimously.
• C. Action on an appeal of the decision of the Community
Development Board to deny a variance requested by Craig
Sutton to allow a boat to be stored in the front yard of his
home at 1746 Beach Avenue (City Manager)
Mayor Meserve indicated that an appeal from a decision made by the
Community Development Board must be based on an illegal action of
the Board. The Mayor indicated that Mr. Sutton's appeal did not cite
any illegal action by the CDB as his basis of appeal.
Motion: Uphold the action of the Community BEAVER X
Development Board to deny a variance requested by Craig ITCH
MX
MITCHELSON X X
Sutton to allow boat storage in the front yard of his home WATERS X X
located at 1746 Beach Avenue based on no illegal action MESERVE X
taken by the Community Development Board to arrive at
the decision.
There was no more discussion and the motion carried unanimously.
D. Award contract for Sherry Drive Reconstruction
Improvements pursuant to the specifications of bid No.
0001-19 to Callaway Contracting in the amount of
$1,396,461.18 and authorize the City Manager to sign the
0
contract (City Manager)
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III Motion: Award contract for Sherry Drive Reconstruction COMMISSIONERS N D S 0
Improvements pursuant to the specifications of Bid No. BEAVER X X
0001-19 to Callaway Contracting in the amount of BORNO x x
$1,396,461.18 and authorize the City Manager to sign the MITCHELSON X
contract. WATERS X
MESERVE X
Commissioner Beaver inquired concerning the funding from the City
of Jacksonville for the project. City Manager Hanson indicated that
the $225,000 was included in the budget for the total project and
would be used toward the cost of the Sherry Drive improvements.
Commissioner Beaver pointed out that BellSouth would reimburse
the city for the additional design fees associated with the conflict
boxes.
City Manager Hanson commented that Callaway Contracting, the low
bidder for the project, was a good contractor who had done work for
the city before. The project is estimated to take 180 days and the City
Manager said he would like to get as much as possible done before
school starts. It was reported that the last inch of pavement would be
installed at the same time as the rest of the Core City Project to
protect it from damage by heavy equipment during construction.
Commissioner Mitchelson expressed concern regarding permitting of
the project since the design for the entire Core City Project was not
complete.
There being no further discussion, the motion carried by a four to one
vote with Mayor Meserve and Commissioners Beaver, Borno and
Waters voting aye, and Commissioner Waters voting nay.
Mitchelson
E. Approve additional design fees for Aikenhead and Odom
for changes to the Sherry Drive Reconstruction Project
design resulting from waterline replacement and the
installation of BellSouth conflict boxes (City Manager)
Motion: Approve additional design fees for Aikenhead and BEAVER X X
Odom for changes to the Sherry Drive Reconstruction BORNO X X
Project design resulting from waterline replacement and MITCHELSON X
the installation of BellSouth conflict boxes as WATERS X
recommended by staff MESERVE X
Commissioner Mitchelson inquired if the city had obtained a written
contract with BellSouth related to the maintenance costs and
installation of the conflict boxes.
SCity Manager Hanson indicated that the city was working with
BellSouth to determine the cleaning frequency required for the
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conflict boxes. It was pointed out that if the city could not reach an0 COMMISSIONERS N : D S 0
agreement with BellSouth, they would be required to move their
lines. City Manager Hanson felt it would be in BellSouth's best
interest to come to an agreement with the city before the pre-
construction conference because any larger conflict box installed by
BellSouth would result in a change order and would possibly give the
contractor leverage for larger change orders. The pre-conference
date for the project was set as the deadline for BellSouth to reach an
agreement with the city.
There being no further discussion, the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following items:
1997 Sign Ordinance
• It was reported that since the time of the adoption of the
ordinance in 1997, the property owners had up to four years to
bring the signs which extended onto the city's right-of-way
• into compliance. City Manager Hanson indicated that within
the next few weeks the city would be requesting property
owners to remove their signs from the city's right-of-way.
Consumer Confidence Reports for Water Quality
• A draft copy of the report was distributed, and it was reported
that the Department of Environmental Protection required that
the report be sent to every water customer. It was noted that
there were no violations of any state water standard in either
of the city's water systems in 2000.
10. Reports and/or requests from City Commissioners and
City Attorney
A. City Attorney report on the skateboard liability law
In response to Commissioner Beaver's inquiry concerning the city's
liability if written rules were posted requiring written parental consent
for children under 17 years of age to use the skateboard park,
City Attorney Jensen advised that in order for the city to comply with
the requirements of the statute, the city would have to post such rules
and would not be held liable if an underage skateboarder used the
• park without written parental consent. He emphasized the need to
follow all of the rules found in the statute.
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A brief discussion ensued and it was the consensus of the COMMISSIONERS N , D S 0
Commission to gather as much information as possible before making
a decision on construction of a skateboard park. It was reported that
Parks and Recreation Director Johnson was visiting parks throughout
the state and would report his findings to the Commission. His report
will be available for the upcoming budget workshops.
Commissioner Beaver
• Reported that a contractor had damaged the 8th Street access
during construction of a swimming pool and should be
responsible for the repairs. Commissioner Beaver requested
that the city monitor the situation.
• Requested that the city contact BFI Refuse Service and see if
they could adjust their Saturday morning schedule to allow for
a later pick up at the Cloisters.
• Distributed copies of a brochure used during a recent fund
raising event for renovations to the Adele Grage Community
Center. Commissioner Beaver reported that $15,000.00 had
ID been donated. He indicated that the following money had
been committed to the project: Jerry Holland $50,000 the
JEA $25,000 and Ander Crenshaw $10,000 .
It was reported that the next fund-raiser tentatively scheduled
for the end of July would be held outdoors and would include
families and children.
Commissioner Borno
• Indicated that a couple people who had resigned from the
city's various Boards and Committees were still listed in the
latest edition of Tideviews and requested that corrections be
made for the fall issue.
• Inquired concerning several large, weedy piles of dirt
dumped in a yard on Seminole Road near Mandalay Park,
and expressed concern they would impact nearby swales.
Commissioner Mitchelson
• Requested that Commission consideration be given to holding
a quarterly Commission Meeting at an alternate site accessible
410 to other areas of the city.
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• Updated the Commission on the recent actions of the City of COMMISSIONERS N D SE 0
Jacksonville Redistricting Committee chaired by Council '
Member Matt Carlucci, and suggested the Commission might
wish to consider litigation to keep the three Beach Cities
together. He indicated that the Committee used voting age as
the criteria to set the districts, and did not appear to be
interested in keeping the three cities together.
Discussion ensued and City Attorney Jensen advised that there
were guidelines and criteria the City Council must follow for
the redistricting, and there would be little to challenge if they
followed those guidelines.
It was the consensus of the Commission that the City Attorney
check into other litigation cases following the 1990 census, as
well as any other options the city might have. It was
suggested that the three cities might wish to join together in
this matter and City Attorney Jensen will also look into this.
Mayor Meserve
• • Urged the Commissioners to attend the Jacksonville Beach 4th
of July Celebration honoring those who fought in WWII.
Mayor Meserve made the following nomination for appointment to
the Cultural Arts Board:
BEAVER X
• Motion: Appoint Margie van de Guchte to fill the BORNO x x
unexpired term of NancyDeCandis on the Cultural Arts WATERSLSON x
P WATERS X
Board. MESERVE X X
There was no discussion and the motion carried unanimously.
There being no further discussion or business to come before the
Commission,the Mayor declared the meetin: . •j. ed at 10:00 p.m.
1
4 i ,,„
1 All
\' . v1 ' e--rve
May 1 'residi : Officer
Attest:
ottuAtiA..) ,I,
• Maureen King
Certified Municipal C
1
ATTACHMENT A
- JUNE 11, 2001 COMMISSION MEETING
• Stephen A. Kati
1132 Linkside Drive
Atlantic Beach, FL 32233
Tel: 904/246-3700
e-mail: oregcigan}(a?msn.com
Monday, June 11, 2001
Mr. Mayor and Commissioners:
Today at 4:20 PM, Mr. Miracle, Director of St. Johns River Water
Management District called me and told me, that as we were talking, they
were sending out a letter to Atlantic Beach, advising the City that going
ahead with the Sherry Drive Reconstruction Project will not require a
Permit from the Water Management District.
Mr. Miracle also told me, that the letter also includes a "DISCLAIMER",
• stating that allowing the Sherry Drive portion of the stormwater project to
go ahead without having the whole Plan, does not mean that the Plan will be
approved when completed.
At the time, when the rest of the project is finished, the Plan will be
evaluated as a Stormwater System and all calculations , components will be
judged and based on the findings the Project may or may not be approved.
When asked about what happens if at the time of Permitting the Water
Management District discover something un-acceptable with the Sherry
Drive system, Mr. Miracle replied, that is the responsibility of your City
Officials to take that into consideration. He said, the Sherry Drive Project
as presented has no functions and by itself it makes no difference from the
current system. By itself it may not improve , nor hamper flooding in the
Core City.
Thank you for listening!
•
■ a
ATTACHMENT B
JUNE 11, 2001 COMMISSION MEETING
• +
June 5, 2001
MEMORANDUM
TO: The Honorable Mayor
and Members of the Cit Commission
FROM: Jim Han-.4!i
iy •an._-
SUBJECT: Follow- . items
• The following are responses to questions and requests for additional information that were
made in recent City Commission meetings.
Sell of Alcohol to Minors; On May 29th the Atlantic Beach Police Department worked with
other agencies to conduct a sting operation for sale of alcohol to minors, Twelve locations were
checked at the beaches with three of those selling alcohol to underage informants. Ten of the 12
locations were in Atlantic Beach. The Lil Champ at 501 Mayport Road and Poppa's Food Mart
at 469-3 Atlantic Boulevard sold alcohol to the minor. The other two businesses checked were
in Neptune Beach and one of those sold alcohol to the minor.
Additions to Fall General Election Ballot; A question was asked about the deadline date for
submission of items to the Supervisor of Elections for additions to the Fall election ballot.
September 1 will be the last possible date for inclusion of items. The Supervisor of Elections
would need time to print the ballots and make other election arrangements.
Church Road Renaming; After review of the notes from the last Commission meeting, staff
determined that the Commission was not clear on it's intent to proceed with the renaming of
Church Road. If it is the Commission's desire to proceed with the renaming, an ordinance would
have to be prepared for approval and the City of Jacksonville would have to go through their
renaming process because half of the street is in their jurisdiction. The Commission would also
have to determine what they want the new road to be named.
•
■ ■
_ ATTACHMENT C
JUNE 11 , 2001 COMMISSION MEETING
t. Johns River
Water Management District
Henry Dean.Executive Daecror• John R.Wavle.Assistant Executive Director
David M6rade.Jacksonville Service Center Director
7776 Baymeadows Way • Suite 102 • Jacksonville, FL 32256 • (904)730-6270
June 11,2001
Aikenhead&Odom, Inc.
5730 Bowden Road
Jacksonville,Florida 32216
ATTN: Mr.Robert T. Franques,P.E.
RE: Sherry Drive Stornisewer Retrofit
Dear Mr.Franques:
The District is in receipt of your construction plans submitted to the District on June 7, 2001, (and
corrected on June 8, 2001) for retrofitting of the existing municipal stormsewer along Sherry Drive in
the City of Atlantic Beach. The plans indicate that the project extends along Sherry Drive from
Ahem Street to Eighth Street Review of the plans indicates that the proposed work involves
installation of new subsurface storm pipe to replace the existing stormsewer currently in place along
Sherry Drive. Conveyance for the stormsewer network will not be substantially affected as all
downstream discharge points will be limited to the existing (smaller) pipe discharges. Therefore, the
work proposed does not require a permit pursuant to the criteria of 40C-4, 40C-40, or 40C-42 F.A.C.
However, please note that it is critical that all new piping be capped as proposed in the provided
plans, thereby limiting the stormsewer conveyance to the existing conditions.
Please note that approval of the aforementioned work does not constitute approval, conceptual or
otherwise, from this agency of any future drainage modifications which may be intended to be
performed subsequent to and in connection with the work approved by this letter. Any and all
additional drainage modifications intended by the City of Atlantic Beach, including (but not limited
to) removal of one or more end plugs, extension of the piping network, or other work which could be
considered to alter the drainage or conveyance capacity or character of the existing stormsewer
network, will require review by District staff for permitting requirements.
Please note that this letter only applies to the requirements of the St. Johns River Water Management
District and does not relieve you from meeting the requirements of other agencies or local governments.
•
GOVERNING BOARD
Miarn Kerr,ai,mrnvr Omet es D.Long,via a-Im Jett K.Jerming,sr-c rratty Duane OCersroer,
NEUM ra':xncn AAoa+U uun,UID yAp „
Arm T.Moore Aficnael Branch Catherete k Warkew Cay Albright David G.Graham
sunnEL; FERNANDIMit 13EACH ti1> or'zz saw EAST Lwarn .>aacoHvls
7fl' ,' JOO' oN S'C: SZ In. IT un(' 7.F,7.gncJbnR: 1gl vNr • ii.inw cr.iunr• is
If you have any questions regarding this letter,please feel free to call me at (904)448-7939.
Sin. -ly,
Je ig. R d1, P.E.
D•.. "ent of Water Resources
Xc: Dave Miracle r+.•
Bill Wilson
Bob Kosoy, City of Atlantic Beach
Stephen Kuti
S
•
FLORIDA DEPARTMENT OF Pi,,,,,-
fa
Lawton Chiles HEALT James T. Howell, M.D. M.P.H
Governor
Secretary
REVISED PERMIT
February 18, 1998
NOTICE OF PERMIT ISSUANCE
CERTIFIED - RETURN RECEIPT# P 394 241 079
Mr. Robert S. Kosoy, P. E.
RECEIVED
Director of Public Works
City of Atlantic Beach FEB 2 71998
1200 Sandpiper Lane
Atlantic Beach, Florida 32233 PUBLIC WORKS
Dear Mr. Kosoy:
Duval County - Potable Water
Drinking Water Distribution System
. Core City Improvement Project
City of Atlantic Beach WTP # 1 & 2
Enclosed is Permit No. 1697-WD-4024 dated February 9, 1998, to construct the subject project,
issued pursuant to Section(s) 403.087, Florida Statutes.
A person whose substantial interests are affected by this permit may petition for an
administrative proceeding (hearing) in accordance with Section 120.57, Florida Statutes. The
petition must contain the information set forth below and must be filed (received) in the Office of
General Counsel of the Department of Environmental Protection at 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400, within 14 days of receipt of this Permit. Petitioner shall mail a
copy of the petition to the applicant at the address indicated above at the time of filing. Failure
to file a petition within this time period shall constitute a waiver of any right such person may
have to request an administrative determination (hearing) under Section 120.57, Florida Statutes.
The Petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner, the applicant's name
and address, the Department of Health/Duval County Health Department
(DOH/DCHD) Permit File Number and the county in which the project is
proposed;
(b) A statement of how and when each petitioner received notice of the
DOH/DCHD's action or proposed action;
• Duval County Health Department
Environmental Health/Engineering DivESion• 900 University Blvd.N., Suite 300 •Jacksonville, Florida • 32211 • (904)630-3272 .
FAX(904)745-3026
I
onville
•
Permit No. 1697-WD-4024
Page Two
(c) A statement of how and when each petitioner's substantial interests are affected by
the DOH/DCHD's action or proposed action;
(d) A statement of the material facts disputed by Petitioner, if any;
(e) A statement of facts which petitioner contends warrant reversal or modification of
the DOH/DCHD's action or proposed action;
(f) A statement of which rules or statutes petitioner contends require reversal or
modification of the DOH/DCHD's action or proposed action;
(g) A statement of the relief sought by petitioner, stating precisely the action
petitioner wants the Department of Environmental Protection to take with respect
to the DOH/DCHD's action or proposed action.
il If a petition is filed, the administrative hearing process is designed to formulate agency action.
Accordingly, the Department of Environmental Protection's final action may be different from
the position taken by it in this permit. Persons whose substantial interests will be affected by any
decision of the DOH/DCHD with regard to the application have the right to petition to become a
party to the proceeding. The petition must conform to the requirements specified above and be
filed (received) within 14 days of receipt of this notice in the Office of General Counsel at the
above address of the Department of Environmental Protection. Failure to petition within the
allowed time frame constitutes a waiver of any right such person has to request a hearing under
Section 120.57, F.S., and to participate as a party to this proceeding. Any subsequent
intervention will only be at the approval of the presiding officer upon motion filed pursuant to
Rule 28-5.207, Florida Administrative Code (F.A.C.).
This permit is final and effective on the date filed with the Clerk of the DOH/DCHD unless a
petition is filed in accordance with the above paragraphs or unless a request for extension of time
in which to file a petition is filed within the time specified for filing a petition and conforms to
Rule 62-103.070, F.A.C. Upon timely filing of a petition or a request for and extension of time
this permit will not be effective until further Order of the DOH/DCHD.
When the Order (Permit) is final, any party to the Order has the right to seek judicial review of
the Order pursuant to Section 120.68, Florida Statutes, by filing of a Notice of Appeal pursuant
to Rule 9.110, Florida Rules of Appellate procedure with the Clerk of the Department of
Environmental Protection in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee,
Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable
filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed
with the Clerk of the Department of Environmental Protection.
0
•
•
Permit No. 1697-WD-4024
Page Three
Executed in Jacksonville, Florida.
STATE OF FLORIDA DOH/DUVAL
COUNTY HEALTH DEPARTMENT
1().,3
Jeffrey L. Goldhagen, M.D., M.P.H.
Director
JLG/TRH/TJT/tkf
Copies furnished to:
• N. Hugh Mathews, P. E.
England, Thims & Miller, Inc.
3131 St. Johns Bluff Road South
Jacksonville, Florida 32216
- CERTIFICATE OF SERVICE
This is to certify that this NOTICE OF PERMIT and all copies were mailed before the close of
business on ,-Y 1998 to the listed persons.
FILING AND ACKNOWLEDGEMENT
FILED,en this;ca{ r:ure_:ent to'',12052 i;,ridA
Stafu' th t!-h: r;e;ignate.d Dei rtn-!ent Clark,
sect A or which s hereby acknowledged.
S , Clerk Data
FLORIDA DEPARTMENT OF
10Lawton Chiles HEAl_iT
James T. Howell, M.D.,M.P.H
Governor Secretary
REVISED PERMIT
February 18, 1998
PERMITTEE: Perinit/Cert Plumber: 63'1 WL7-4024
Mr. Robert S. Kosoy, P. E. DAte of Issue _February_ 9,,1998-.;/
Director of Public Works Expiration Date; February 9, 2003 '
City of Atlantic Beach County: Duval
1200 Sandpiper Lane Lat/Long: N/A
Atlantic Beach, Florida 32233 Section/Township/Range 16/2S/29E
Project Drinkin Water Distribution System for.
hire C�t ;imprayemerit rrojec '
City of Atlantic Beach WTP # 1 & 2
This permit is issued under the provisions of Chapter 403, Florida Statutes, and Florida
Administrative Code Rule(s) 62-555 (formerly 17-22). The above named permittee is hereby
authorized to perform the work or operate the facility shown on the application and approved
drawing(s), plans, and other documents attached hereto or on file with the DOH/DCHD and
• made a part hereof and specifically described as follows:
To install the following approximate lengths of water mains and associated valves, fittings and
fire hydrants along, East Coast Drive,`- terry Drive Seminole Road, Ahern Street& 1st�through
12th Streets in Atlantic Beach: 3,51441,F 7NF of 12 inch Class 50 DIP; :&f t1t : nch DR 18/
?VC 520 LF of 8 inch Class 50 DIP; 3,323 LF of 8 inch DR 18 PVC; 620 LF of 6 inch Class 50
DIP; 4,469 LF of 6 inch DR 18 PVC.
III Page 1 of 6
Duval County Health Department
Environmental Health/Engineering Division • 900 University Blvd.N., Suite 300 • Jacksonville, Florida• 32211 • (904)630-3272 ,
FAX(904)745-3026
I In partnership with the City of Jacksonville
111/
PERMITTEE: Robert S. Kosoy, P. E. - Director of Permit/Cert Number: 1697-WD-4024
Public Works - City of Atlantic Beach- Date of Issue: February 9, 1998
1200 Sandpiper Lane, Atlantic Beach, Florida 32233 Expiration Date: February 9, 2003
GENERAL CONDITIONS:
1. The terms, conditions, requirements, limitations, and restrictions set forth herein are
"Permit Conditions" and as such are binding upon the permittee and enforceable pursuant to the
authority of Sections 403.161, 403.727, or 403.859 through 403.861, Florida Statutes. The
permittee is hereby placed on notice that the DOH/DCHD will review this permit periodically
and may initiate enforcement action for any violation of the "Permit Conditions" by the
permittee, its agents, employees, servants, or representatives.
2. This permit is valid only for the specific processes and operations applied for and
indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved
drawings, exhibits, specifications, or conditions of this permit may constitute grounds for
revocation and enforcement action by the Department of Environmental Protection.
3. As provided in Subsections 403.087(6) and 403.722(5), Florida Statutes, the issuance of
this permit does not convey any vested rights or any exclusive privileges. Nor does it authorized
• any injury to public or private property or any invasion of personal rights, nor any infringement
of Federal, state or local laws or regulations. This permit does not constitute a waiver of or
approval of any other Department of Environmental Protection permit that may be required for
other aspects of the total project which are not addressed in the permit.
4. This permit conveys no title to land or water, does not constitute state recognition or
acknowledgment of title, and does not constitute authority for the use of submerged lands unless
herein provided and the necessary title or leasehold interests have been obtained from the state.
Only the Trustees of the Internal Improvement Trust Fund may express state opinion as to title.
5. This permit does not relieve the permittee from liability for harm or injury to human
health or welfare, animal, plant or aquatic life or property and penalties therefore caused by the
construction or operation of this permitted source, nor does it allow the permittee to cause
pollution in contravention of Florida Statutes and the Department of Environmental Protection
rules, unless specifically authorized by an order from the Department of Environmental
Protection.
6. The permittee shall at all times properly operate and maintain the facility and systems of
treatment and control (and related appurtenances) that are installed or used by the permittee to
achieve compliance with the conditions of this permit, as required by the Department of ,
Environmental Protection rules. This provision includes the operation of backup or auxiliary
facilities or similar systems when necessary to achieve compliance with the conditions of the
permit and when required by the Department of Environmental Protection rules.
III
Page 2 of 6
• PERMITTEE: Robert S. Kosoy, P. E. - Director of Permit/Cert Number: 1697-WD-4024
Public Works - City of Atlantic Beach - Date of Issue: February 9, 1998
1200 Sandpiper Lane, Atlantic Beach, Florida 32233 Expiration Date: February 9, 2003
7. The permittee, by accepting this permit, specifically agrees to allow authorized
DOH/DCHD personnel, upon presentation of credentials or other documents as may be required
by law, access to the premises, at reasonable times, where the permitted activity is located or
conducted for the purpose of:
a. Having access to and copying any records that must be kept under the conditions
of the permit;
b. Inspecting the facility, equipment, practices, or operations regulated or required
under this permit; and
c. Sampling or monitoring any substances or parameters at any location reasonably
necessary to assure compliance with this permit or the Department of
Environmental Protection rules.
Reasonable time may depend on the nature of the concern being investigated.
III 8. If, for any reason, the permittee does not comply with, or will be unable to comply with,
any condition or limitation specified in this permit, the permittee shall immediately notify and
provide the DOH/DCHD with the following information:
a. A description of and cause of non-compliance; and
b. The period of non-compliance, including exact dates and times; or, if not
corrected, the anticipated time the non-compliance is expected to continue, and
steps being taken to reduce, eliminate, and prevent recurrence of the non-
compliance. •
The permittee shall be responsible for any and all damages which may result and may be subject
to enforcement action by the Department of Environmental Protection for penalties or revocation
of this permit.
9. In accepting this permit, the permittee understands and agrees that all records, notes,
monitoring data and other information relating to the construction or operation of this permitted
source, which are submitted to the DOH/DCHD, may be used by the Department of
Environmental Protection as evidence in any enforcement case arising under the Florida Statutes
or the Department of Environmental Protection rules, except where such use is proscribed by
Sections 403.73 and 403.111, Florida Statutes.
10. The permittee agrees to comply with changes in the Department of Environmental
Protection rules and Florida Statutes after a reasonable time for compliance, provided however,
the permittee does not waive any other rights granted by Florida Statutes or the Department of
0 Environmental Protection rules.
Page 3 of 6
• PERMITTEE: Robert S. Kosoy, P. E. - Director of Permit/Cert Number: 1697-WD-4024
Public Works - City of Atlantic Beach - Date of Issue: February 9, 1998
1200 Sandpiper Lane, Atlantic Beach, Florida 32233 Expiration Date: February 9, 2003
11. This permit is transferable only upon DOH/DCHD approval in accordance with Florida
Administrative Code Rules 62-4.12 and 27-30.30, as applicable the permittee shall be liable for
any noncompliance of the permitted activity until the transfer is approved by the DOH/DCHD.
12. This permit is required to be kept at the work site of the permitted activity during the
entire period of construction or operation.
13. This permit also constitutes:
( ) Determination of Best Available Control Technology (BAC)
(.) Determination of Prevention of Significant Deterioration (PSD)
( ) Certification of Compliance with State Water Quality
Standards (Section 401, PL 92-500)
( ) Compliance with New Source Performance Standards
14. The permittee shall comply with the following monitoring and record keeping
requirement:
a. Upon request, the permittee shall furnish all records and plans required under the
Department of Environmental Protection rules. The retention period for all
records will be extended automatically, unless otherwise stipulated by the
Department of Environmental Protection during the course of any unresolved
enforcement action.
b. The permittee shall retain at the facility or other location designated by this permit
records of all monitoring information (including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring
instrumentation), copies of all reports required by this permit, and records of all
data used to complete the application for this permit. The time period of retention
shall be at least three years from the date of the sample, measurement, report or
application unless otherwise specified by the Department of Environmental
Protection rule.
c. Records of monitoring information shall include:
- the date, exact place, and time of sampling or
measurements;
- the person responsible for performing the sampling or
measurements;
- the date(s) analyses were performed;
- the person responsible for performing the analyses;
• Page 4 of 6
•
PERMITTEE: Robert S. Kosoy, P. E. - Director of Permit/Cert Number: 1697-WD-4024
Public Works - City of Atlantic Beach - Date of Issue: February 9, 1998
1200 Sandpiper Lane, Atlantic Beach, Florida 32233 Expiration Date: February 9, 2003
- the analytical techniques or methods used; and
- the results of such analyses.
15. When requested by the DOH/DCHD, the permittee shall, within a reasonable period of
time furnish any information required by law which is needed to determine compliance with the
permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect
in the permit application or in any report to the DOH/DCHD, such facts or information shall be
submitted or corrected promptly.
SPECIFIC CONDITIONS:
1. This approval is given with the understanding that upon the installation of such work its
operations shall be placed under the care of a competent person, whose qualifications are
approved by the Department of Environmental Protection and the operation shall be carried out
• according to best accepted practice and in accordance with the requirements of the rules and
regulations of the Department of Environmental Protection. This includes not only the provision
of continuing essential funds for operation and maintenance of chemical supplies for plant
operation; but also the funds of maintenance of equipment and supplying the needs of a suitable
water plant laboratory which is required for proper operation of this water treatment facility.
2. Water supply facilities including mains shall be installed, cleaned, disinfected and
bacteriologically cleared for service; in accordance with the latest applicable AWWA Standards
and the Department of Environmental Protection.
3. Minimum 10 foot horizontal separation must be maintained between any type of sewer
and water main in parallel installation. Exceptions can be considered in accordance with DER
Technical Guidance Memorandum dated July 17, 1991 or Ten State Standards 8.6.2, 8.6.4 and
8.6.5.
4. Minimum 18 inch vertical clearance with a length of pipe centered at the crossing must
be maintained between any type of sewer and water main crossing. Exceptions can be
considered in accordance with DER Technical Guidance Memorandum dated July 17, 1991 or
Ten State Standards 8.6.3, 8.6.4 and 8.6.5.
5. All PVC pipe (other than PVC smaller than 4 inch) must conform to AWWA Standard
C900-89. All PVC pipe smaller than 4 inch must be NSF-pw and be equivalent to or better than
AWWA DR 25 pipe - Schedule 40, Schedule 80 or ASTM SDR 21 (or lower) is acceptable. The
AWWA Standard for the other proposed pipe must be specified D.I.P. that is Class 50 or higher.
(DER-DWS-91-001) and Ten State Standards 8.0.1.
•
Page 5 of 6
• PERMITTEE: Robert S. Kosoy, P. E. - Director of Permit/Cert Number: 1697-WD-4024
Public Works - City of Atlantic Beach - Date of Issue: February 9, 1998
1200 Sandpiper Lane, Atlantic Beach, Florida 32233 Expiration Date: February 9, 2003
6. Certification as to construction of this project in accordance with the approved plans by a
Florida Registered Professional Engineer together with satisfactory bacteriological analyses,
record drawings, and supporting documentation shall be provided and a letter of clearance
obtained from this Agency before placing these facilities in service.
Issued this 9th day of February, 1998
STATE OF FLORIDA DOH/DUVAL
COUNTY HEALTH DEPARTMENT
[\ ( 1__.5
I ,
Jeffrey L. Goldhagen, M.D., M.P.H.
Director
•
JLG/TRH/TJT/tkf
cc: N. Hugh Mathews, P. E.
England, Thims & Miller, Inc.
3131 St. Johns Bluff Road South
Jacksonville, Florida 32216
Tr-L,G u _ ___ _ _c.;.1...„77.____., „.....17,:.:4 ./
•
Page 6 of 6