MinutesMINUTES
REGULAR CITY COMMISSION MEETING
MARCH 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 Commissioner Parsons was followed by the Pledge of Allegiance
to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular 1Vleeting of February 28,
2005
Motion: Approve the Minutes of the Regular Meeting of
Februarv 28, 2005 as presented.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters,lVleserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Mayor Meserve invited Bob Kirk of 342 6"' Street, owner of Atlantic
Beach Pottery at 400 Levy Road, and his guest to the podium. The Mayor
introduced Mr. Kirk's guest, Mr. Uton Oya, an artist from Echizen, Japan,
an area renowned for its 800-year history of pottery work. Mayor Meserve
noted that this is Mr. Oya's first trip to the United States and that Atlantic
Beach is the first city on his pottery exhibition tour. Mayor Meserve
presented Mr. Oya with a key to the City, welcomed him to the United
States, and wished him well on his journey. Mr. Oya provided the
Commissioners with copies of catalogs highlighting the artwork in the
museum exhibition.
J.P. Marchioli of 414 Sherry Drive suggested that the City determine a
way to keep the agenda packet located in City Hall from being removed
from the lobby. Mr. Marchioli also recommended that an agenda packet be
placed in the City Chambers the night of the Commission meeting so that
the citizens have an opportunity to review the items prior to the meeting.
March 14, 2005 REGULAR COiV1NiISSION MEF,TING Pace 2
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson addressed Mr. Marchioli's comments regarding
the agenda packets and reminded everyone that the agenda information is
always available on the City's website the Thursday before every
Commission meeting. He also stated that, if requested, the City could
provide anyone with a hard copy of the packet at the established rate per
page.
The City Manager commented on each item in his written report. A copy of
the report is attached and made part of this official record as Attachment A.
. Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Public Works and Utility Department
.. Monthly Report, Utility Sales Report, Building Department
Report and Report of New Occupational Licenses issued in
' ' February (City Manager)
.. B. Award the Installation of Pond Liner at Wastewater Treatment
Plant No. l to Gruhn May, Inc. (City Manager}
C. Reject the bid on Bid No. 0405-13 for Sulfur Dioxide for
Wastewater Treatment Plants, waive the formal bid process and
authorize staff to use Brenntag Mid-South to supply Sulfur
Dioxide for the Wastewater Treatment Plants (City Manager)
Mayor Meserve requested that Item C be removed from the Consent
Agenda for discussion.
Motion: To approve Consent Agenda Items A and B as presented.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
` MOTION CARRIED
In regards to Item C, Mayor Meserve expressed concern regarding the low
number of bidders for the original project. The Mayor recommended that
- the Commission reject the bids and follow the process for receiving new
bids for the project.
March 14, 2005 RF,GULAR COMMISSION MEETING Pale 3
. Commissioner Simmons agreed with Mayor Meserve. She expressed
concerns with accepting quotes over the phone without going through the
official bidding process and receiving the proper submission of bid
paperwork. Commissioner Waters concurred that re-bidding the project is
the correct procedure to follow in this instance.
• ~ Motion: To reject the bid on Bid No. 0405-13 for Sulfur Dioxide for
Wastewater Treatment Plants and re-bid the project.
' Commissioner Parsons asked if the current price offered by the contractor
would be jeopardized by re-bidding the project. Donna Kaluzniak, Director
of Public Utilities, replied that the price was given in writing as being valid
' ~ for a year, but there is a possibility that different quotes could be given
during the re-bid process.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
• ~ Nay: 0
• MOTION CARRIED
• Committee Reports 5. Committee Reports
• , A. Recommendation for appointment to the Tree Conservation
Board (Commissioner Simmons)
, Mayor Meserve discussed the origin and composition of the Board Member
Review Committee. The Mayor explained the current process for
nominating and approving committee members and expressed concern with
the fact that the Commission currently does not have much involvement in
the system until the recommendation comes before it at the City
Commission meeting. Mayor Meserve proposed that the meeting time be
.. changed from morning to late afternoon in order to give everyone the
opportunity to attend. He asked the Commissioners for any thoughts or
' suggestions on making the nomination and approval system work better.
Commissioner Simmons discussed the idea of holding the Board Member
Review Committee meetings at a set day and time each month. She also
suggested that two days before the meeting, all Commissioners be given the
applications of any interested nominees. Commissioner Simmons believed
this gives the Commissioners the opportunity to review the applications and
to decide whether to attend the meeting or to give any input regarding the
nominations.
' ' Commissioner Waters noted that the Board Member Review Committee is a
permanent standing committee and thus should be more formally enacted
by either resolution or by ordinance. He also suggested that the Committee
would be less intimidating to nominees if it consisted of more citizens,
rather than being mainly composed of Commissioners and City Staff.
March 14 2005 REGULAR COMMISSION MEETING Pa~c 4
Motion: To create a set time and date for the Board Review Committee
Meetings, to provide all Commissioners with nominee applications at
least two days prior to the meeting, and to reappoint Jim McCue to
serve on the Tree Conservation Board.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-OS-69, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR
THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2004 AND ENDING
SEPTEMBER 30, 2005
Mayor Meserve read the ordinance by title only. He proposed adding to the
ordinance a budget adjustment in the appropriate General Operating budget
• - funds fora $106,000 expense for attorney fees and a $25,000 credit from
insurance for the Johnston Island defense. There was no further discussion
on the first reading.
Motion: To approve Ordinance No. 20-OS-69 on first reading as
amended.
Commissioner Beaver asked the City Manager for clarification on the
budget item for 10`" Street Beach Access parking in the amount of $10,000.
City Manager Hanson explained that the amount is designated to cover the
cost of three new public parking locations created to offset the 10`" Street
parking agreement.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 80-OS-71, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,
ARTICLE II, DELETING ARTICLE II, SECTION 22-28 (2),
March 14, 2005 REGULAR COMMISSION MEETING Page 5
WATER SERVICE FOR FIRE PROTECTION PURPOSED;
ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE
PROTECTION SERVICE; TO PROVIDE FOR SEVERABILITY;
TO PROVIDE FOR AN EFFECTIVE DATE
Motion: To approve Ordinance No. 80-OS-71 on final reading.
Mayor Meserve read the ordinance by title only and opened the floor for a
public hearing on the item.
J.P. Marchioli of 414 Sherry Drive asked for the ordinance to be
presented in layman terms. City Manager Hanson responded and explained
that the ordinance requires the metering of water on fire line services, such
as sprinkler systems and fire hydrants, in order to accurately monitor their
water flow. There were no further public comments. The Mayor closed the
public hearing and asked the Commission for discussion.
Commissioner Beaver asked how the City will notify people who will be
affected by the new requirement to include installation of the meters on
their existing or proposed fire line systems. City Manager Hanson replied
that the City could notify the owners of the 30 systems currently affected
and any future projects affected would be informed of the new regulations
appropriately without creating any significant delay in the projects.
Commissioner Beaver expressed his support for notifying the appropriate
citizens of the change in the City's policy.
. Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request by John G. Murr for aUse-by-Exception to allow an
auto body shop (Heavy Automotive Repair) in an existing
building on a developed site within the Commercial General
(CG) Zoning District and located at 589 West 14th Street (City
Manager)
Motion: To approve request by John G. Murr for aUse-bv-Exception
(UBE-2005-01) to albw an auto body shop (Heavy Automotive Repair)
in an existing building on a developed site within the Commercial
General (CG) Zoning District and located at 589 West 14th Street
Mayor Meserve noted that the request was recommended for approval by the
Community Development Board. The Mayor opened the floor for a public
hearing on the item. There were no public comments. Mayor Meserve
iyl~rch 14 2005 RF,GULAR COM>ViiSSiON iyiEF.TING Paee C
closed the public hearing and brought the item before the Commission for
discussion.
Commissioner Beaver emphasized the need for the applicant to understand
and adhere to the terms as granted by the Use-by-Exception, specifically
regarding the condition to maintain all equipment, materials and business
activities within the enclosed building. Sonya Doerr, Director of Planning
and Zoning, pointed out that there are four conditions attached to the Use-
by-Exception, as recommended by the Community Development Board.
Commissioner Beaver addressed the owner, John G. Murr, and stressed the
difficult, yet important issue of containing his business inside the building.
Mr. Murr responded that his business has been located on 2"d Street for
eighteen years and he has always kept his business neat and clean and has
never received any complaints from the neighbors.
Commissioner Waters asked for clarification of the four conditions listed
with the Use-by-Exception. Ms. Doerr referred him to the staff report in the
agenda packet and also reiterated that aUse-by-Exception runs with the
applicant, not with the property.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Confirm the appointment of Harry McNally as the Board-
selected Police Pension Board of Trustees member for a t•vo-
year term beginning 3127/05 and ending 3/27/07 (City Manager)
Motion: To approve the appointment of Harry McNally as the Board-
selected Police Pension Board of Trustees member for atwo-year term
be~innina 3/27/05 and ending 3/27/07
No discussion.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Approve proposal and authorize the Mayor to sign a contract
tivith Fleet & Associates for design services for the Remodeling
& Expansion of the Public Safety Building (City Manager)
City Manager Jim Hanson pointed out to the Commission that the item is a
request for approval of a conceptual design for the project and is not a
March 14.2005 REGULAR COMMISSION MEETING Page 7
budget item yet. He noted that after the conceptual design is approved, then
the City can bid a final design and budget for the construction cost next
year.
Motion: To approve proposal and authorize the Mayor to sign a
contract with Fleet & Associates for design services for the Remodeling
& Expansion of the Public Safety Building.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
• D. Proposed ordinance to amend Chapter 5 Section 5-32 Fees and
Charges (City Manager)
Commissioner Waters questioned if homeowner's associations are
• . considered anon-profit group when renting a facility. He also asked why
the deposit amount for a beach bonfire permit is more than the deposit for a
campfire on Dutton Island. Timmy Johnson, Director of Parks and
• . Recreation, explained that the City Commission approved the homeowner
association fees for building usage in March 2003 so those fees were
included in this listing of fees and charges. He also explained that since a
. , bonfire on the beach is much larger than a campfire on Dutton Island, the
deposit for the beach bonfire is greater. Commissioner Simmons pointed
out that, due to similarity in size, the deposit for a beach campfire is the
.. same as for a Dutton Island campfire deposit. Discussion ensued regarding
the wording of the ordinance. Mayor Meserve stated the ordinance would
• be brought back before the Commission at the next meeting.
• ~ City Manager 9. City Manager
A. City Manager's Report
• City Manager Hanson commented on each item of his written report, which
included budget calendar changes for FY 2005-2006 and upcoming events
scheduled by the Cultural Arts and Recreation Advisory Committee. A
• ~ copy of the City Manager's report is attached and made part of this official
record as Attachment B.
In addition to his report, City Manager Hanson also noted that there is a
Special Magistrate Hearing on March 31, 2005 at 10:00am in the City
Chambers regarding the police union impasse. He stated that the public is
welcome to attend the hearing but participation is allowed only for city and
police union representatives. The City Manager pointed out that if either
Nt~rch 14, 2005 REGUi.AR COMMISSION MEETING Paec 8
side disagrees with the Magistrate's recommendation, it then goes to the
Mayor and Commission for the impasse hearings.
Reports/Requests 10. Reports andlor requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Beaver
• Expressed his concerns over the City's expense for legal fees to
uphold the decision made by the Commission regarding Johnston
Island. He believed that the $106,000 could have been used to
fulfill many other needs for the City and its citizens, rather than to
defend a challenge generated by a group of citizens who dropped
their lawsuit before a decision was made by the judge. He pointed
out that the $106,000 is not a budgeted item and questioned what
will be its source for funding and how that will affect other needs for
the City.
Commissioner Simmons
• Distributed a handout that was given during the Community
Character workshop and discussed the importance of reading the
handout before proceeding to the next step in the process. She
emphasized the need to define what community character is and
stated that the handout addresses this issue and gives a process for
working at all aspects of character and including the public in the
process. She requested that the Commission take the time to review
the handout.
Commissioner Parsons
• Agreed with Commissioner Beaver's comments regarding the
expense of the Johnston Island case and stated he found it very
. , upsetting. He pointed out that the expense not only included the
attorney's fees, but also included time and money spent for the City
staff working on the case.
• Asked about decorating the entrance to the City around the welcome
sign at Seminole Road. City Manager Hanson responded that the
City currently plants flowers there twice a year.
• Inquired about the formation of the 10`h Street condominiums
association. City Manager Hanson responded that all the paperwork
and payments were processed for creating their association and the
agreement with the City had been signed. Commissioner Parsons
commented that the area looked good.
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March 14 2005 REGULAR COMMISSION MEETING Page 9
Commissioner Waters
• - • Asked for clarification regarding a letter addressed to the
. Commissioners informing them of a variance request fora 5-foot
setback at the next Community Development Board meeting. Sonya
- Doerr, Director of Planning and Zoning, provided the pertinent
information regarding the request.
• Discussed a charter ordinance that pertains to informing the
Commission of any lawsuits brought against the City. He stated he
would like to see this ordinance better enforced so that the
Commission can be properly informed on all lawsuits involving the
- City.
• Commented on the Johnston Island case and the outcome of the
Commissioner's votes on the issue. He expressed his agreement
with many issues that were agreed upon between the citizen
• ~ petitioners and the developers of the island. He also discussed his
thoughts regarding PUDs and suggested the Commission review the
process for accepting or limiting PUDs.
• • Commended City Manager Hanson and Finance Director Nelson
VanLiere on creating the budget calendar.
Mayor Meserve
• Discussed the Johnston Island case and stated that the City had
never reached a negotiation phase with the developers. He pointed
. out that the private agreement created between a few citizens and the
developers did not include any decisions or negotiations made by
the City. He noted that any plans for development would still have
. _- to follow the City's proper review procedures with the Community
Development Board and the Commission.
• Stressed that regardless of the Commissioner's specific votes, any
City decision made in accordance with the law should be upheld and
defended if its legality is challenged.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 8:10 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk