MinutesMINUTES
REGULAR CITY COMMISSION MEETING
FEBRUARY 14, 2005
CITY HALL, 800 SEMINOLE ROAD
.. Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
' ~ Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge 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.
Approval of Minutes 1. Approval of the 1Vlinutes of the Regular Meeting of January 24,
2005 and the Emergency Commission meeting of February 4,
2005
Motion: Approve the Minutes of the Regular 1tileeting of
January 24, 2005 and the Emergency Commission meeting of Februarv
4, 2005 as presented.
1Vloved by Waters, seconded by Parsons
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Dover Albertson of 651 D'Orleans Court, Jacksonville stated that he
owns rental property in Atlantic Beach and commented on the expense of
turning utilities on and off every time one of his units needs to be cleaned
after it is vacated. Mr. Albertson gave examples of the rates he vas charged
on his utility bills and expressed concern that the rates were excessive. He
stated he would appreciate the City giving consideration to the situation.
Mayor Meserve asked the City Utilities Department to review Mr.
Albertson's information and determine if procedures followed were correct
and fair.
.. Valerie Britt of 378 Tilefish Court gave feedback to the Commission on
growth management review meetings that she attended in Gainesville last
' ' week. She handed the Commission copies of a poster of Dutton Island.
, , Nls. Britt discussed issues regarding the effect of hurricanes on coastal areas
and stressed the importance of considering all areas in the community when
' making decisions for hurricane preparedness.
Februarv 14, 2Q05 RF,GIJLAR C0~1~I1~1ISSION MEETING Page 2
Unfinished Business
from Previous Meeting
Sally Clemens of 1638 Park Terrace `Vest presented her opinions as a
petitioner in the Johnston Island Administrative Hearings at City Hall
February 1-3, 2005. Ms. Clemens expressed concerns regarding the cost to
the taxpayers for the hearing. She felt that time and money could have been
saved if better negotiations had been established before decisions were
made. Ms. Clemens stressed the importance for public input and for better
research and communication among City staff and elected officials.
Ms. Clemens commented that she attended the Parliamentary Procedures
workshop last month. She discussed Robert's Rules for Order regarding
minutes of the meetings. Ms. Clemens stated that minutes which follow
Robert's Rules by only containing the motion, the person tivho made the
motion and the person who seconded it would be limiting information for
the public.
Alan Potter of 374 Second Street addressed the Commission regarding the
issue of skateboard ramps on private property. Mr. Potter suggested that
skateboard ramps are a community asset since they provide areas for kids to
play within their own yards. He stated that ramps should not be allowed to
extend out to the streets, but requested that the Commission not prohibit
skateboard ramps from being in people's yards.
3. Unfinished Business from Previous Meeting
A. City 1Vlanager's Follow-up Report
City Manager Jim Hanson noted that a letter to the editor concerning water
purification was recently published in the local newspaper. In order to
provide further clarification of the law, City Manager Hanson called on
Public Utility Director, Donna Kaluzniak, to address the issue. Ms.
Kaluzniak read a copy of the DEP rule and explained that the law required
there be a means to measure the disinfectant residual in the system. She
stated that the basic method for doing that was with chlorine or some form
of chlorine. Ms. Kaluzniak informed the Commission that other systems
could be used for primary disinfection, but the final disinfection method
requires a measurement and a prevention of bacterial growth. She
confirmed that the City stays abreast of the latest technology and regulatory
requirements in order to continue serving the public in the most cost
effective means allowed.
Consent Agenda 4. Consent Agenda
Commissioner Parsons requested that Item B be removed from the Consent
Agenda for discussion.
A. Acknowledge receipt of Public tiVorks and Utility Department
February 14, 2005 RF,GULAR COMNIiSSION MEETING Pa~c 3
IVlonthly Report, Utility Sales Report, Building Department
Report and Report of Netiv Occupational Licenses issued in
January (City Manager)
C. Ativard annual contract for Asphalt Repairs for Public Works/
Public Utilities Department to Tom's Asphalt Repairs, Inc. (Bid
No. 0405-5) (City Manager)
IVlotion: To approve Consent Agenda Items A and C as presented.
There was no discussion.
• ~ IVloved by tiVaters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
• ~ Nay: 0
• MOTION CARRIED
B. Approve C1Lange Order No. 4 for Relocation, Installation and
Coating of Elevated Storage Tank at Water Plant 2 in the
amount of $11,600 (City Manager)
• Commissioner Parsons questioned if there had been an opportunity for a
competitive bid on the change order and asked Donna Kaluzniak, Public
Utilities Director, to provide further explanation on this item. Ms.
• Kaluzniak explained that change orders are not typically bidded out when a
company is already contracted for the project. She further described the
devices being added to the new water tank and the need to meet OSHA
• safety standards.
Commissioner Waters inquired if the new water tank was in operation. Ms.
Kaluzniak replied that it is not yet operating, but that tests are being
performed to ensure it will be ready to operate once painting and electrical
work is completed. Commissioner Waters asked Mayor Meserve if a
• plaque could be created and placed on the tank in memory of the
subcontractor who invested his career to the project. Mayor Meserve
confirmed that the City staff would give consideration to the dedication of
the water tank.
1Yiotion: To approve Change Order No. 4 for Relocation, Installation
and Coating of Elevated Storage Tank at Water Plant 2 in the amount
of $11,600
1Vloved by Parsons, seconded by Waters
• Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, IVleserve
Nay: 0
1VIOTION CARRIED
Fehruary 14, 2005 REGULAR CONINi155ION NIEETiNG P~~e 4
Committee Reports S. Committee Reports
A. Recommendation for appointment to the Tree Conservation
Board (Commissioner Simmons)
Commissioner Simmons reported that the Board Member Review
Committee had interviewed three well-qualified candidates at their last
- meeting on January 13, 2005 and chose Jamie Fletcher to fill a vacancy.
Commissioner Simmons stated that since that meeting another Tree
Conservation Board member had decided not to take a second term, thus
creating another vacancy. She noted that at the January 13`" meeting, the
Board Member Review Committee had anticipated the possible up-coming
vacancy and chose a person to recommend if the need arose. Commissioner
' Simmons reported that the Board Member Review Committee
recommended Stephanie Catania to fill the vacancy.
Commissioner Waters commended City Clerk, Donna Bussey, for creating
anew application form to enhance the selection process for committee
applicants.
Motion: To appoint Stephanie Catania to serve on the Tree
Conservation Board.
1Vloved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Action on Resolutions 6. Action on Resolutions
A. Resolution No. OS-O1
' A RESOLUTION OF THE CITY OF ATLANTIC BEACH, URGING
MENIBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING GRO~YTH MANAGEMENT ISSUES DURING THE
' ' 2005 LEGISLATIVE SESSION
Mayor Meserve read the Resolution by title only and explained that it
supports the Florida League of Cities issues and addresses a number of
ways to keep government and authority local. There was no discussion.
Motion: To approve Resolution No. 05-01.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
. iyIOTION CARRIED
Februarv ld, ?OOS REGULAR CONINiiSSION 1~IEETING Page 5
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 80-OS-70, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE
I, IN GENERAL; ADDING SECTION 22-4(e), ADJUSTMENTS FOR
LEAKS ON CONSUMER'S SIDE OF METER; ADDING SECTION
22-4(f), ADJUSTMENTS FOR FILLING A SWIIVIMING POOL;
DELETING ARTICLE II, tiVATERtiVORKS SYSTEM, SECTION 22-
31, LEAKS ON CONSUNIER'S SIDE OF 1VIETER; TO PROVIDE
FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE.
Mayor Meserve read the ordinance by title and explained that the ordinance
addresses the issue of amending the rules and fees to reduce the cost to an
individual when a leak occurs or for certain things, such as filling pools.
Motion: To approve Ordinance No. 80-OS-70 on final reading.
The IVlayor opened the floor to public discussion on the ordinance. There
were no public comments. The Mayor closed the public hearing and asked
the Commission for discussion. Commissioner Waters requested
clarification on the adjustments for filling a swimming pool, listed under
Article I, (~. City Manager Hanson provided more details regarding the
block rates used. Commissioner Waters asked for confirmation that the
customer would not be charged for sewage when. filling a swimming pool.
Finance Director, Nelson VanLiere, confirmed that there would be no
additional charges once the sewage is capped. Commissioner Waters asked
how it is determined that the customer is filling a swimming pool. Mr.
VanLiere explained that it is either clear by reviewing the customer's
consumption history or the customer provides the city with proof.
Commissioner Simmons questioned if the Commission should consider
allowing customers adjustments for refilling a pool mole than once since
many pools require maintenance work more than once during their lifetime.
Discussion ensued and it was decided that only the one-time adjustment
would be allowed per owner.
1Vloved by Simmons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, tiVaters,lVleserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Authorize the Nlayor and City Manager to execute Interlocal
Agreement ~vitli the City of Jacksonville relative to the collection
and distribution of 9-1-1 user fees (City Manager)
February ld, 2005 REGULAR COMMISSION NiEF,TING Pa e l
Motion: To authorize the Mayor and City IVlanager to execute
Intenc~al Agreement with the City of Jacksonville relative to the
collection and distribution of 9-1-1 user fees
Commissioner Waters asked how this item would generate revenue for the
City. Public Safety Director, Chief David Thompson explained that every
county citizen pays a 9-1-1 surcharge on their phone bill. Commissioner
Simmons inquired if cell phone users also pay the surcharge. Chief
Thompson confirmed that cell phone users pay charges which are allocated
to 9-1-1 services.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters,lVleserve
Nay: 0
MOTION CARRIED
B. Proposed Changes to City Code, Chapter 22, Utilities -I+'ire Line
iVletering and Charges (City Manager)
City Manager Hanson provided background information on the item and
explained that putting a check on the fire lines would enable the City to
detect and prevent leaks in these lines. Mr. Hanson noted that the proposal
would be consistent with other cities' methods for metering fire lines. City
Manager Hanson indicated that the proposed changes would also enable the
City to keep better track of water usage on the fire lines.
Commissioner Waters questioned if the changes would generate more
money. City Manager responded and indicated that it would be a minimal
increase in revenue. There was no further discussion and Mayor Meserve
requested that the proposed changes be drafted and brought back for
discussion.
C. Approve funding in the amount of $9,600 for IT consulting
services (City Manager)
Itilotion: To approve funding in the amount of $9,600 for IT consulting
services
City Manager Hanson called on Public Safety Chief David Thompson to
discuss the issue. Chief Thompson gave the background on the HTE
software and the IBM AS400 system currently being used by the City. He
explained that the current systems have reached their technological
maximum capacities and, due to this fact, cannot be added to or supported
by the companies. Chief Thompson indicated that, due to the scope of the
project and the security issues involved, the project could not be completed
in-house, as originally planned. He stated that the City has identified
February 14, 2005 REGIJLAR CONII~IISSION MEETING PaLC 7
consultants, specifically the Florida League of Cities, which perform the
necessary evaluations and make recommendations for this type of project.
Chief Thompson suggested that an organization with the appropriate
amount of experience and specific expertise would most benefit the City on
a project of this significance.
Commissioner Parsons questioned spending money on an outside consultant
when the City currently has its own Information Technology department.
Chief Thompson responded that this specific project goes beyond the IT
department's current responsibilities and expertise and, thus, would be best
handled by an outside company. Commissioner Waters asked if the City
was past the point of being able to upgrade its current technology. Chief
Thompson confirmed that was correct and noted that the current systems
had been in place for over six years.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Approve the Scope of Services and Fee Proposal for Design of ~
Point Intersection Improvements (City Manager)
Motion: To approve tl~e Scone of Services and Fee Proposal for Design
of 5 Point Intersection Improvements
City Manager Hanson noted that the City had negotiated a contract and a
reasonable price with a Frm and was ready to move forward with the
project.
Commissioner Simmons questioned the use of decorative lighting and asked
that the City look at more efficient alternatives for the lighting in the
project.
iVloved by Parsons, seconded by Beaver
Votes:
Aye: 4 -Beaver, Parsons, Simmons,lVleserve
Nay: 1 -Waters
MOTION CARRIED
E. Discussion related to regulating size, location and use of private
skateboard ramps on residential lots (City Manager)
City Manager Jim Hanson reported that the City had received some
complaints recently from citizens and subdivision associations, regarding
specific large skateboard ramps located in residents' yards. The
Fehruarv 14, 2005 REGULAR COi~INiISSION ~IEETiNG Page 4
Commissioners were referred to copies of the photos of the skateboard
' ~ ramps included in their agenda packets. Ms. Sonya Doerr, Director of
Planning and Zoning, pointed out that the skateboard ramps were quite large
structures and some had been in place for a long time. Ms. Doerr noted that
' ° the Commission could consider regulating the size, height, and location of
_ the ramps, without prohibiting them all together.
' ~ Commissioner Parsons reported that he had received numerous complaints
.. recently and felt that the structures were of a greater scale than should be
allowed. Ms. Doerr informed the Commission that the current building
codes do not regulate the ramps. She stated that, due to the fact that the
ramps are over 30 inches high, zoning regulations consider them as an
accessory structure and therefore they are not allowed in the front yard and
must be at least five feet from property lines. Ms. Doerr noted that currently
there are no other restrictions limiting the size, height, or time of use of the
skateboard ramps.
Commissioner Waters commented there are two sides to the issue. He noted
that skateboarding is a good activity for kids but the ramps in question are
.very big and can be very noisy. Commissioner Waters believed that the
` ' ramps qualified as accessory structures and therefore no further rules needed
to be created to have the ramps moved out of the front yards. City Manager
Hanson noted that not all of the large ramps are located in the front yards
" and Ms. Doerr further clarified and reiterated the regulations currently
regarding accessory structures. City Manager Hanson commented on other
ways that other communities have dealt with the issue, noting that St. Johns
County was looking at options for requiring certain fencing to enclose the
. structure, prevent it from being seen outside the yard, and limit liability
issues. Commissioner Waters spoke in favor of allowing kids to play in their
o~vn backyards and disagreed with ways that discourage them from doing so.
• Ms. Doerr presented the options for regulating the skateboard ramps and
noted that if no action was taken, then no limitations, other than the current
ones regarding accessory structures, could be enforced by the City.
• Commissioner Waters inquired if using the ramps after 9:00 p.m. is a
violation of the noise ordinance. Chief Thompson replied that the Public
Safety department addresses those situations when complaints are received.
„ Commissioner Beaver agreed with Commissioner Waters' statements. He
also added that the issue of fencing the structures to prevent homeowners'
` ' liability cases should be considered. Commissioner Beaver suggested
drafting a regulation which would allow the City to dismantle declining or
non-functional structures. Commissioner Beaver did not feel the skateboard
" ' ramps should be eliminated, but spoke in favor of restricting or regulating
.. them.
Commissioner Simmons agreed that the structures in question are not
attractive and should be regulated. She suggested establishing some
guidelines after reviewing other laws and examples.
February 14, 2005 REGULAR COi~TIYiiSSiON b'IF.ETiNG Page 9
IVIs. Doerr stated she would research the issue further and provide
' recommendations to the Commission on ways to regulate skateboard ramps
.. without being prohibitive.
' " F. Staff' Report on proposed uses for FY OS/06 Community
.. Development Block Grant (CDBG) funds (City IYlanager)
City Manager Hanson gave some background information on the CDBG
funds and indicated that City staff is anticipating a reduction in the amount
to be allocated for Fiscal Year 2005/2006. He explained that proposed uses
for the grant funds included $30,000 for continued housing rehabilitation
and the remaining funds to assist homeowners with the City's septic to sewer
conversion policy.
IVlotion: To approve proposed uses for FY 05/06 Community
Development Block Grant (CDBGI funds.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons,'4Vaters, Ivleserve
Nay: 0
MOTION CARRIED
• G. Notification of expiring term of Jim 1VIcCue from the Tree
Conservation Board (City Clerk)
• ~ Mayor Meserve explained this item was part of the process which allows the
Board an opportunity to be notified of any committee vacancies so that they
• ~ can provide input and receive information on the review of applications
• being received.
City Manager 9. City Manager
A. City Manager's Report
City Manager Hanson commented on each item of his written report which
is attached and made part of this official record as Attachment A. In
' addition to the items on his written report, the City Manager also reported
• , on the following:
Update on Beach Renourishment
City Manager Hanson reported that the most recent meeting regarding
' beach renourishment was held in Jacksonville Beach. He commented that
the City is anticipating a successful project this year. City Manager Hanson
reported that the Corps of Engineers plans to advertise the contract in
March and the award to be in April. He stated that funds for the project
February 14.2005 REGULAR CO1ViNiiSSION MEETING Pa~c 10
have been allocated from federal, state, and local sources. He reported that
the issue of dune restoration will be resolved by discussion among the
Public Works directors of the three beach cities and then a subsequent
meeting in April with Jacksonville and other cities.
.. Commissioner Simmons asked for clarification on the differences between
dune restoration and beach renourishment. City Manager Hanson
' ' responded that beach renourishment receives federal, state, and local funds
but dune restoration is not covered by federal funds and involves issues
such as re-vegetation of sea oats and grasses. Commissioner Simmons
further questioned the location of the placement of the new sand being
pumped onto the beaches. City Manager Hanson provided more details on
the profile of the anticipated beach renourishment and the movement of the
dunes. Commissioner Waters provided further information on the creation
and deterioration of the dunes.
B. Public Safety Annual Report
Public Safety Director, Chief David Thompson, presented the Public Safety
Annual Report which is attached and made part of this official record as
' ' Attachment B.
Commissioner Waters inquired if there were any specific locations with
high volumes of crashes. Chief Thompson responded that most of those
areas were on Mayport Road or Atlantic Boulevard and that those locations
already had traffic controls in place. Commissioner Waters asked for an
update on a specific crime recently committed in Atlantic, Beach. Chief
Thompson responded that it was currently under investigation and he could
provide the Commissioner with more details at a later time.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
' ~ City Commissioners Attorney
City Attorney
Commissioner Simmons
.. • Reminded everyone that the next day was an Election Day.
Commissioner Parsons
• Expressed concern with large oak trees being cut down on residents'
private property and asked if the City could do anything to prevent
it. City Attorne}~ Alan Jensen responded the City could not do
anything legally. Commissioner Beaver suggested recording the
date the tree is cut to ensure the owner does not violate code by
building on the property within twelve months of cutting the tree.
He discussed the issue of personal property rights as they relate to
the City's Tree Conservation Board.
February 14, 2005 REGTJLAR CONIN1iSSiON MEETING Pale 11
• Asked for the status of the plans for the Atlantic Beach Post Office.
City Manager Hanson responded that the City and the Post Office
• ~ agreed to create their own designs for completion of the project. He
_ reported that the Post Office had not yet had their contractor sign-off
on their designs.
Commissioner Waters
•:• Expressed agreement with Commissioner Parsons' concerns
regarding trees that are needlessly cut down in the City.
• Reiterated his desire for the City to consider creating a plaque for
the man who died during the construction of the water tower.
Adjournment There being no further discussion, the Mayor declared the meeting
.. adjourned at 8:45 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk