MinutesMINUTES
REGULAR CITY COMMISSION MEETING
MARCH 28, 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.
. , Mayor Meserve welcomed the members of Boy Scout Troop 37. He stated
that the scouts were attending the meeting to observe American government
` ' in order to receive their merit badges in Citizenship in the Community.
• Agenda Item 6A vas taken out of sequence and acted on at this time.
6. Action on Resolutions
A. Resolution OS-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, HONORING ROBERT LAWRENCE, OWNER
OF R.L. LAWRENCE CONSTRUCTION, FOR HIS
PUBLIC SERVICE TO THE CITY OF ATLANTIC
BEACH
Motion: To aonrove Resolution OS-02.
Mayor Meserve called Mr. Robert Lawrence to the podium. The Mayor
' ' read the Resolution in its entirety and presented the framed document to Mr.
Lawrence. Mr. Lawrence graciously accepted the document and poetically
acknowledged that every person has the opportunity to achieve great deeds
in his/her lifetime.
Moved by Beaver, seconded by Waters
Votes:
• Aye: S--Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
March 28, 2005 REGULAR COMMISSION MEETING Page 2
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of March 14,
2005
Motion: Approve the Minutes of the Regular Meeting of
March 14, 2005 as presented.
Moved by Waters, seconded by Parsons
Votes:
Aye: S-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
.. Mayor Meserve welcomed Michelle Barth, Regional Director for U.S.
Senator Bill Nelson, and invited her to the podium. Ms. Barth thanked the
Commission for recognizing her that evening and informed everyone that
Senator Nelson has an office in Jacksonville where his staff is happy to
discuss or help with any federal issues. She announced that she gave her
contact information to each of the Commissioners and would also continue
to be stationed in the City Hall lobby for the next 15 minutes if anyone
wished to talk with her.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
' ' A. City Manager's Follow-up Report
The City Manager commented on the bill for legal services defending the
' ' Comprehensive Plan Amendment for Johnston Island. A copy of his report
is attached and made part of this official record as Attachment A. The City
Manager noted that the law firm Pappas, Metcalf, Jenks and Miller offered
' ' to reduce the amount charged to the city for the Johnston Island case from
$106,000 to $100,000. However, due to the legal services account being
over budget by $8800, he recommended passing the budget adjustment as
' originally written for $106,000. He noted that his original report incorrectly
stated that the overage resulted from services charged by Alan Jensen and
that, upon further research, it was discovered that the budget for the City
Attorney's services is actually on target. The City Manager stated that the
$8800 additional expenses came from other legal services, most of them
pertaining to a police grievance item.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Financial Report for February
2005 (City Manager)
Ntarch 28.2005 REGULAR COMMISSION 1VIEETING Pagc 3
B. Extend contract with Bluewater Environmental of Florida, Inc.
• for Ditch Spraying and Maintenance at current prices for one
year beginning May 1, 2005 (City Manager)
C. Ativard the bid for Headworks Improvements at Wastetivater
• Piant #2, Bid No. 0405-4 (Re-Bid of No. 0304-9) to Sa~vcross, Inc.
in the amount of $336,865, and authorize the City Manager to
sign the contract (City Manager}
• D. Ativard Bid Number 0405-9 -Lawn & Pest Control For The City
Facilities to TruGreen in the amount of $13,492 (City Manager)
' • Commissioner Simmons requested that Items C and D 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: S -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Regarding Consent Agenda Item C, Commissioner Simmons expressed
concern with the fact that the project was initially re-bid because there was
only one bidder and that bid was over budget. However, she noted that now
both bids received are even higher than the original bid. She asked for the
• initial budget figures for the project and questioned why the figures have
continued to increase rather than decrease in order to become closer to the
original budgeted amount.
City Manager Hanson stated that the initial budget was $330,000 and that
he had recommended that the City accept the initial bid. He noted that
• Donna Kaluzniak, Director of Public Utilities, has been trying to reduce the
cost of the project, but that goal has not been attainable. Commissioner
Simmons asked why the initial bid of $299, 875 was considered over budget
if the budgeted amount was $330,000.
Donna Kaluzniak, Director of Public Utilities, responded by stating that her
• initial estimate for budgeted costs was $250,000 without contingency. She
noted that there is difficulty in estimating project costs without first having
• a design to assist with the budgeting. However, she added, the design
cannot be contracted prior to the predicted budget being established for it.
Ms. Kaluzniak acknowledged that she underestimated the initial budget and
that the project cost has also increased since then because the price of
• construction materials has gone up dramatically.
Commissioner Waters questioned why the original bidder, Gruhn May, Inc.,
• did not submit a second bid for the project since they work on many City
March 28, 2005 REGULAR CONINIISSION MF,F,TING Pa~c 4
projects. Donna Kaluzniak expressed that she thought the company forgot
to submit a bid the second time around.
Motion: To approve Consent Agenda Item C as presented.
Moved by Waters, seconded by Simmons
" Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
" 1VIOTION CARRIED
In regards to Agenda Item D, Commissianer Simmons inquired how often
the City sprays chemicals on public lands and on how many different
" locations besides the retention ponds. Timmy Johnson, Director of Parks
" , and Recreation, informed the Commission that the ponds are a separate
contract and that Item D refers to indoor pest control and outdoor lawn
' spraying. Mr. Johnson offered to provide the list of areas involved.
. , Commissioner Simmons declined the list but asked for the frequency of
spraying those areas. Mr. Johnson explained that the areas are sprayed four,
` ' six, or eight times throughout the year and also as needed. Commissioner
. , Simmons inquired if the grass was also sprayed that often. Mr. Johnson
confirmed that grass is sprayed for fertilizing and weed control.
" Motion: To approve Consent Agenda Item D as presented.
Moved by Waters, seconded by Parsons
Votes:
Aye: S -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
" MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution OS-02
" A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
" . FLORIDA, HONORING ROBERT LAWRENCE, OWNER OF
R.L. LAWRENCE CONSTRUCTION, FOR HIS PUBLIC
SERVICE TO THE CITY OF ATLANTIC BEACH
Item 6A was taken out of sequence and acted on earlier in the meeting.
B. Resolution OS-03
A RESOLUTION OF THE CITY COivIl~1ISSION OF THE CITY
OF ATLANTIC BEACH, ACCEPTING AND ADOFTING THE
March 28, 2005 REGULAR COMMISSION MEETING Patc 5
UPDATED DUVAL COUNTY LOCAL I-IAZARD MITIGATION
STRATEGY DOCUMENT
Mayor Meserve read the resolution by title only. He noted that this
resolution would put the City on board with the County as being eligible to
receive hazard mitigation grant funds. Sonya Doerr, Director of Planning
and Zoning, noted that Amanda Loach from the Northeast Florida Regional
Planning Council and Heather Johnson from the Duval County Emergency
Preparedness Division were present to answer any questions regarding the
document. There was no discussion.
Motion: To approve Resolution OS-03.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
' ' Nay: 0
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-OS-186, Introduction and First Reading
` AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
.. COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, AS FIRST ADOPTED BY
ORDINANCE NUMBER 90-01-172, INCLUDING AMENDMENTS
THERETO; THIS ORDINANCE SPECIFICALLY ADOPTED TO
AMEND DIVISION 7, SUPPLEMENTARY REGULATIONS,
SECTION 24-151, ACCESSORY USES AND STRUCTURES ,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only. He explained that this
ordinance primarily addresses the issues of skate ramp construction and
' ~ noise during use on residential lots. There was no discussion.
Motion: To approve Ordinance No. 90-OS-186 on first reading.
Moved by Waters, seconded by Parsons
Votes:
` ~ Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 9~-OS-89, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
• FLORIDA, AMENDING ORDINANCE NO. 95-03-82, CHAPTER
March 28, 2005 REGULAR COMMISSION MEETING Page 6
5, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS,
AMENDING SECTION 5-32, ADJUSTMENT FOR BUILDING
USE FEES AND SMALL FIRES ON THE BEACH AND
PROVIDING AN EFFECTIVE DATE .
IVlotion: To approve Ordinance. No. 95-05-89 on first reading.
Mayor Meserve read the ordinance by title only and explained that the
ordinance is primarily reducing some of the fees for Parks and Recreation
uses. There was no discussion.
1Vloved by 'Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Ordinance No. 58-OS-30, Introduction and First Reading '
AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, '
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION III GENERAL
EMPLOYEE RETIREMENT SYSTEM, SECTION 2-281
AMOUNT OF LEVEL STRAIGHT LIFE PENSION; TO
REDUCE THE BENEFIT MULTIPLIER FOR NEW HIRES;
AMENDING SECTION 2-298 BENEFIT GROUP GENERAL,
RAISING THE EIVIPLOYEE CONTRIBUTION PERCENTAGE;
TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN
EFFECTIVE DATE
Motion: To approve Ordinance No. 58-OS-30 on first reading.
Mayor Meserve read the ordinance by title only.
Commissioner Waters asked if the City truly saves the amounts listed in the
staff report or if those amounts actually go back into the employees'
salaries. Nelson VanLiere, Director of Finance, responded that the savings
to the City are a result of the reduction in the City's contributions to the
pension plan. City Manager Hanson added that the savings listed had been
passed on to the employees through salary increases approved in October
2004.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Ordinance No. 20-OS-69, Public Hearing and Final Reading
March 28.2005 REGULAR COMMISSION MEETING Pace 7
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
The Mayor read the ordinance by title only and opened the floor for a public
hearing. He explained that this ordinance is a series of changes in the
budget and would move money from one area to another in order to keep it
balanced. There was no discussion and the Mayor closed the public
hearing.
Motion: To approve Ordinance No. 20-OS-69 on final reading.
Moved by Beaver, seconded by Waters
Votes:
Aye: S -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Discussion on Comparison of Local Requirements for 'Working
in the Public Right of Way and Local Driveway Limitations
(City Manager}
Rick Carper, Director of Public Works, addressed the Commission and
referenced the City Code regarding work done in the right of way. He noted
that the Code implies that no work can be done in the right of way except for
repairs to the street. Mr. Carper informed the Commission that the City has
a right of way permit form that can be found on the City webpage. He noted
that the city receives a number of these applications for people to work in the
right of way but currently the City has no Code restrictions for them. Mr.
Carper reviewed his staff report which included a comparison of the code
restrictions of other beach cities. He then showed and discussed photos of
examples of work performed in the right of way within Atlantic Beach.
Mayor Meserve inquired if the pavers used in the examples are considered a
pervious surface. Mr. Carper responded that the City Code defines pavers
installed over a sand base as 50% impervious. He recommended that the
City mandate the type of materials allowed for work in the right of ways,
specifically pavers, so that the surface is more pervious than concrete. He
also suggested establishing regulations similar to Jacksonville Beach that
state any individuals performing work on the right of way also assume the
risk of any damage done there due to public works' projects.
Commissioner Waters noted that pavers are actually impervious during
heavy rainfall and they create a large amount of run-off. He expressed the
need for the City to preserve the right of way and its permeability.
March 28, 2005 REGULAR COMMISSION MEETING Page 8
Commissioner Waters believed that the City should explain to people that
using the right of way in a town like Atlantic Beach jeopardizes the
functions of the City's drainage system, which is currently working well.
Commissioner Simmons believed that since the City currently has a law
regarding impervious surfaces, anything done in the right of way should
require a permit. She also stated concerns that tree planting might be limited
by Section 19-2 which states no digging and no tearing-up on the right of
way. Commissioner Simmons expressed the need for more discussion
regarding planting in the right of way and supported current ordinances that
take into consideration the ratio of a driveway width versus the total length
of the lot along the public right of way. She also stated that sidewalk
surfaces need to be addressed in terms of their safety and aesthetics.
Commissioner Simmons suggested it would be beneficial to review a variety
of other cities' ordinances concerning all of the issues discussed.
Commissioner Beaver agreed with the items discussed and indicated his
main concern was with sidewalks and their quality and safety, if not
constructed by the City. He also addressed the impermeability aspect of
pavers and supported further discussions of the subject.
Rick Carper noted that the current ordinance regarding impervious limits
applies only to the citizen's property and does not include the public right of
way. Mayor Meserve recapped the Commission's comments and asked City
staff to research the issue in the local communities so that the City can
begin to address it promptly. Commissioner Beaver noted that some of the
examples shown by Mr. Carper have pavers covering the entire yard, He
expressed concerns on how the City can uphold the ordinance that states that
a portion of a resident's property needs to stay impervious. The Mayor
recommended that staff bring suggestions and changes for these issues to the
Commission for consideration. City Manager Hanson clarified the term
`impervious' and how it relates to the City's concerns regarding storm water
run-off.
B. Report on Hopkins Creek and Potential Future Impacts of
Stormwater TMDL limits (City Manager)
Mayor Meserve commented that the Commission has had some questions at
previous meetings regarding the cost and necessity of the Hopkins Creek
project. City Manager Hanson introduced Mike Schmidt, Senior Engineer
for Camp, Dresser and McKee, Inc., to give a presentation on the
background and recommendations for the Stormwater issues in the project's
area. Rick Carper, Director of Public Works, commented that the main
concern with the Hopkins Creek project is that it is the only area in the City
that involves the flooding of homes. Mike Schmidt addressed the
Commission and proceeded with his presentation, which is attached and
made part of this official record as Attachment B.
March 28.2005 RF,GULAR COMMISSION MEETING Pa~c 9
As part of his presentation, Mr. Schmidt gave the background on the prof ect
and identified flood control as the main goal of the Stormwater Master Plan.
He presented the current condition of the Hopkin Creek area and described
the work done by the City to upgrade the pipes and culverts involved in the
area. Mr. Schmidt noted that, due to the upgrades, the risk of potential
flooding has decreased and the type of a storm needed to cause such
flooding is now of a greater magnitude and thus occurs less frequently.
Mr. Schmidt stated that, because of these new factors, it would appear that
the project is no longer necessary, but he strongly disagreed with this
assumption and noted that it is only a matter of time until the area
experiences a storm of the magnitude that will ultimately bring about the
flooding again. He pointed out different neighboring areas and discussed
their potential and cost as stormwater storage facilities. Mr. Schmidt
presented three options and the consequences of each. Per Mr. Schmidt's
recommendations, the options available were as follows: 1) No
implementation of the project , 2) implement current recommendation, or 3)
purchase existing flooded buildings and homes to provide land for storage.
Mayor Meserve noted that there has been no flooding in the area, even
during the past hurricane season of 2004. He questioned what has occurred
in the past few years that has prevented any significant flooding problems
from then until present. Mr. Schmidt noted that the addition of the culverts,
bridge crossings, and updates, along with the maintenance, have improved
and increased the performance standard of the system.
Commissioner Waters asked how the City could store more water in the
Aquatic Gardens Pond. Mike Schmidt explained that because the pond is
already part of the flooded area, not much storage volume is gained by
possession of it. However, he noted that, by having ownership of the pond,
the City now has control of how it is used and can ensure that it functions as
efficiently as possible. Commissioner Waters further inquired into the
storage capabilities of the Publix Shopping Center and discussed flooding
and safety issues in the areas of Cavalla Road, Forrestal Circle and Saratoga
Circle.
Commissioner Simmons mentioned the idea of enlarging the Aquatic Drive
Pond and suggested protecting the corner lot which currently is an
undeveloped wetlands area. She noted that there was no standing water on
Aquatic Drive when she drove through there recently after a heavy rain
storm. Commissioner Simmons expressed concerns with the future status
of the old tennis courts located at the church property. She recommended
protecting any storage capacities currently available and then review what
can be done around the Aquatic Pond.
Mayor Meserve noted that there will be more information forthcoming
regarding cost and evaluation of the property involved and thanked 1Vlike
Schmidt for his presentation.
March 28, 2005 REGULAR COMMISSION MEETING PaQC 10
C. Request by Justin Domyan for aUse-by-Exception (File UBE-
2045-OS) to allow for the repair and custom manufacture of
surfboards within the Light Industrial and Warehousing (ILW)
Zoning District for property tivithin an existing warehouse
building located at 103 Levy Road. (City Manager)
1Vlotion: To approve Use-by-Exception 2005-05 to allow for the repair
and custom manufacture of surfboards tivithin the Light Industrial and
Warehousing Zoning District at 103 Levy Road.
Mayor Meserve noted that the Use-By-Exception was recommended for
approval and then opened the floor for a public hearing. There was no
discussion and the Mayor closed the public hearing. Sonya Doerr, Director
of Planning and Zoning, informed the Commission that the Community
Development Board unanimously recommended approval with no
restrictions.
Commissioner Waters asked about the filtration system used for the
business and expressed concern over the production of obnoxious smells.
Justin Domyan, 103 Levy Road, explained the charcoal filter system and
the dust collection units used in his business. Commissioner Waters also
inquired how many boards the applicant believes he would be working on
concurrently. Mr. Domyan responded that the number could range between
10-15 at a time, depending on business.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Request by Chris Hionides, President of O.U.R. Properties, Inc,
for aUse-by-Exception (File UBE-2005-03) to allow Live
Entertainment for a comedy club and entertainment theatre in
an existing building (formerly the Atlantic Theatre) and also on-
premiseconsumption of Alcoholic Beverages, beer and wine on
a developed site within the Commercial General (CG) Zoning
District. (City Manager)
Motion: To approve Use-bv-Exception 2045-03 with conditions as
presented to allow Live Entertainment for a comedy club and
entertainment theater and also on-premise consumption of Alcoholic
Beverages in existing building within the Commercial General Zoning
District at 751 Atlantic Boulevard.
Mayor Meserve opened the floor to a public hearing. Sonya Doerr, Director
of Planning and Zoning, reported that the Community Development Board
March 28, 2005 REGULAR COMMISSION MEETING Page 11
recommended approval of UBE 2005-03 with the three conditions listed.
For the record, Ms. Doerr read the Community Development Board's
recommendation and conditions as listed in her staff report. This report is
attached and made part of this official record as Attachment C. There was
no discussion from the public and thus the Mayor closed the public hearing.
Mayor Meserve commented that he had received an email and some phone
calls with concerns of adult content being~involved with the project. Thus,
he had asked Police Chief Thompson to review other comedy clubs in the
area to determine if there have been any consequent problems in
neighborhoods surrounding the clubs. It was reported that there was no
abnormal amount of problems, specific to the comedy clubs, when
compared to other locations involving entertainment, restaurants, etc.
Commissioner Waters stated that he has no problems with comedy clubs,
but expressed concern with the comedy club sharing the same building
space with the Foundation Academy. He questioned whether it is
appropriate to have children activities in the same location as adult
entertainment and alcoholic beverages. The Mayor noted that this same
concern has been raised by others and asked for clarification on the
situation.
Glen Trotter, representative for the UBE applicant, O.U.R. Properties,
of 2275 Atlantic Blvd, Neptune Beach, responded by stating that the
company is sensitive to the issue. He explained that the Foundation
Academy is a theater company that puts on performances approximately 4
times annually, and thus they would be using the theater very intermittently.
Mr. Trotter also explained that the Foundation Academy is housed in the
larger portion of the facility, whereas the comedy club takes place on a
smaller stage of the theater. He also stated that the theater is leased to the
Florida Ballet and other schools during the daytime and will not be used by
the comedy club at those times. He noted that the comedy club area will be
locked and secured when not in operation so that there would not be any
access allowed during that time.
Commissioner Beaver remarked that he had received concerns from citizens
regarding the fact that a school and comedy club will be sharing the same
facility. He confirmed that this is a misconception and reiterated that the
schools only use it to have performances and rehearsals. He requested that
the alcohol not be visible or accessible during the time of the children's
activities.
Commissioner Simmons questioned that the comedy club could realistically
agree not to have performances during the same weekends that the
Foundation Academy uses the theater. She noted that this agreement cauld
lead to a large loss of revenue for the comedy club. Mr. Trotter admitted
that there could be occasions during the year when the two organizations
would co-exist in the building. However, he noted that those arrangements
would be consistent with other venues in the Jacksonville area, and they
March 28, 2005 REGULAR COMMISSION MEETING Pace 1?
were prepared to take the same precautions as those of other facilities with
liquor licenses. Commissioner Simmons thanked Mr. Trotter for his
honesty regarding the issue and noted that the Foundation Academy would
be using the facility more frequently than he stated since each of their
performances would also entail use of the facility for many rehearsals.
Commissioner Beaver noted this is an opportunity for the City to have a
theater in the area and expressed theneed for the applicant to act in
accordance with the laws pertaining to alcohol sales. Mr. Trotter affirmed
the company's commitment to abide by community standards.
Commissioner Simmons expressed concern regarding the nature of comedy
club humor and stressed the need for the stage area to be securely enclosed
during simultaneous use of the facility so that children are not exposed to
inappropriate material.
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
E. Approve the requested CPI rate increase for Waste Services,
Inc. for Solid Waste and Recycling Collection (City Manager)
City Manager Hanson explained the staffs position on this item regarding
the contractor's request for two rate increases. He informed the
Commission that the annual rate increase for Waste Services was included
in the City's budget, however the requested fuel surcharge was not a
budgeted item and thus did not receive staff approval.
Rick Carper, Director of Public Works, addressed the issue of increasing
fuel costs. He noted that he may bring this issue back before the
Commission again, but currently he did not have enough justification from
the contractors to give recommendation for approval on it. He clarified that
the staff recommendation is to approve the CPI increase in the contract for
this year and to disapprove the fuel surcharge increase.
Motion: To approve the requested CPI rate increase for Waste
Services, Inc. and to disapprove the requested fuel surcharge increase.
Commissioner Beaver commended the staff on their recommendation
decision regarding the fuel surcharge entity. Commissioner Waters
discussed the issue of surcharge and questioned whether it is a set amount
of increase or whether it is a floating amount that would increase as the fuel
costs increase.
i~'Iarch 28, 2005 REGULAR COMMISSION MEETING Page 13
Commissioner Simmons discussed the relationship between the CPI
increase and the fuel cost increase. She questioned whether the CPI
increase is actually based on the increase in fuel prices and thus, if both rate
increases were approved, would the City be paying twice for the increase in
fuel costs. Commissioner Simmons noted that she would need more
information regarding the issue before making a decision on the fuel
surcharge.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
1VIOTION CARRIED
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 D.
Interest on Loans and Assessments
City Manager Hanson noted that most of the remaining loans and
assessments are at low rates with not much time left on their term. He
stated that the City staff believes that the amount of time and effort involved
in refinancing or renegotiating the agreements would be a lot of burden for
little return. He noted that if the Commission wanted to pursue this idea,
the Finance Director suggested amending the loans on a by-request basis
from the individuals involved. Commissioner Beaver noted that he had
expressed interest in this issue at the last Commission meeting, but at the
time had not realized the small amount of loan money involved. After
reviewing the report, he concurred that refinancing the remaining loans
would cost the City more money than would actually be saved. He
supported any recommendation that could accommodate Section H areas,
but felt the staff report was accurate in its report on the other areas
discussed. Commissioner Waters believed that the Section H properties
received a good deal on the issue originally and stated he would not move
to address those properties any differently than they had already been
handled.
Reports on Suits Against the City
After reviewing this item in his report, City Manager Hanson asked the
Commission for feedback on their preferred method for reporting suits
against the City. He inquired if the City Attorney's monthly report is
sufficient notification of cases involving the City or if the Commission
would like to have additional reports on any claims received.
March 28, 2005 REGULAR COMMISSION MEETING Page ]4
Mayor Meserve suggested that the Commission does not need to be
involved in the decision-making process on whether to litigate or how to
litigate. He believed the City Attorney's report should suffice for keeping
the Commission informed on legal suits. For unusual cases, the Mayor
believed that a phone call from the City Manager would be appropriate and
if a Commissioner wished to address any specific case, a meeting could be
called for discussion. Commissioner Beaver also suggested contacting the
City Attorney if any Commissioner needed more information regarding a
case. He indicated that City Attorney Alan Jensen has always responded
promptly to his requests for information. Commissioner Waters
commented that if the City Attorney's report could be organized a bit
tighter, by title of the cases, it would be sufficient information for them to
review. He expressed concern that the Commission is not always aware of
insurance litigation and would like to see those reports in case Commission
involvement is deemed appropriate.
Strategic Planning Meetings
City Manager Hanson reported that he had distributed additional
information just received that afternoon on the Strategic Planning Meetings
and asked that the Commissioners review the items prior to the meetings.
He noted that the information included a schedule prepared by the
meeting's facilitator, the last quarterly report for the current strategic
planning year, a list of issues recommended for discussion, and the revised
proposal from Winter & Company concerning the Community Character
project. All of this written information is attached and made part of this
official record as Attachment E.
New City Water Tank
The City Manager informed everyone that the new City crest has been
painted on~the elevated tank at Water Plant #2 and the project is almost
completed. Donna Kaluzniak, Director of Public Utilities, showed slides of
the work being done on the water tank and commended the subcontractor
on the work done on the logo. She noted that it should be completed and
approved within a couple weeks. Ms. Kaluzniak also stated that a proposed
contract with Nextel to use the tower for a cell phone antenna has been
given to City Attorney Alan Jensen for his review.
ReportslRequests 10. Reports andlor requests from City Commissioners and City
City Commissioners Attorney
City Attorney
City Attorney Jensen
• Addressed the Commission regarding some recent issues which he
found to be very upsetting. He presented the background on the
City's original decision to hire him as City Attorney in 1989. He
March 28.2005 REGULAR CONIMIS5ION MEETING Pa~c 15
noted that this decision was made with the specific intent to reduce
the rising legal costs in the City and that he has always made
concerted efforts to do that. City Attorney Jensen re-emphasized the
statements made by City Manager Hanson at the beginning of the
meeting which corrected information given in the City Manager's
follow-up report stating that the legal services accounts were over
budget due partially to Alan Jensen's time being charged for the
Johnston Island case. City Attorney Jensen reported that he received
a large amount of calls due to inaccurate information being released
in the newspaper. He expressed his concerns and his need to clarify
the issues to the Commission and the citizens of Atlantic Beach. For
the record, Alan Jensen reported that his year-to-date budget is
under the amount allocated for his services and that no part of the
City's legal services account being over budget is due to charges for
his services. He also clarified that, contrary to reports made in the
local newspapers, he was not paid an extra $8800 for his services on
the Johnston Island case.
City Attorney Jensen remarked that there is a communication
problem, exemplified by the fact that there has been outside counsel
hired for various city matters without the City consulting him or
receiving any input from him. He pointed out that the Charter states
clearly that the City Attorney is supposed to represent the City in all
civil matters that involve the City. City Attorney Jensen indicated
that, when outside counsel is needed for any reason, the City
Attorney should be consulted for assistance with the matter because
he is the one ultimately responsible to the Commission for these
issues.
Commissioner Waters agreed with the City Attorney regarding his
desire to keep costs down, but noted that the Commission has the
privilege to pursue a lawsuit if they feel strongly about it. He
remarked that the Commission can always rely on City Attorney
Jensen to inform them of the least expensive way to charge the
citizens, however the Commission then makes a decision of whether
to follow or override his advice.
Commissioner Simmons
• Commented on misconceptions she has heard in the community
regarding the Johnston Island settlement. For the record, she stated
that on November 8, 2004, the City Commission designated the land
use on Johnston Island as a half-acre commercial and 3.6 acres of
residential low-density at a maximum of 21 units. She noted that a
month after that was established, citizens filed a petition in
complaint against it. Commissioner Simmons stated that the current
settlement between the developers and the citizens included
March 2S, 2005 REGULAR COMMISSION MEETING Pa a 16
discussions regarding aloes-density designation but that decision
had already been made by the Commission in November 2004.
• Mayor Meserve added that the City never got to the negotiation
phase with the developers. He stated that the Commission took two
votes, one to change the land use and the other to turn down the
PUD because they did not have enough information to negotiate.
Commissioner Simmons re-emphasized that the density limit had
been established bylaw at the Commission meeting in November
2004.
Commissioner Waters
• Asked Sonya Doerr, Director of Planning and Zoning, if the zoning
district for the UBE 2005-OS at 103 Levy Road is ILW (Light
Industrial and Warehousing) or CG (Commercial General). Ms.
Doerr confirmed that the correct zoning designation for that location
is ILW.
• Commented on apre-training meeting he attended recently in Lake
City. He discussed the issue of cell towers and expressed concern
that local communities are losing the right to provide input on their
regulation. He stated the need for the community to remain
involved with this and other issues.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:10 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk