MinutesMINUTES
REGULAR CITY COyIMISSION MEETING
APRIL 11, 2005
CITY HALL, 800 SELVIINOLE 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 Nleserve 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.
The Mayor welcomed back Commissioner Beaver with a clean bill of health
and also offered thoughts and prayers for the health of Commissioner
Beaver's wife.
Approval of Minutes 1. Approval of the Minutes of the Regular 1Vleeting of March 28,
200
IVlotion: Annrove tl~e Minutes of the Regular 1vleetin~ of
March 28.200 as presented.
Moved by tiVaters, seconded by Simmons
Votes:
Aye: ~-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
1VIOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
The Mayor welcomed a scout from Troop 37 who was pursuing his merit
badge in Citizenship in the Community and was on his way to becoming an
eagle scout. The Mayor noted that the scout was attending the meeting in
order to observe the American system of government in action.
Stephen Kuti,1132 Linkside Drive, addressed the Mayor and
Commissioners regarding information he had researched on water
purification. Mr. Kuti noted that in January 2005 he had initially provided
the Commission with information on the use of ultraviolet light to purify
water. He stated that he was later informed by the City's staff that this
method was not allowed by the EPA. Since then, he has learned that an
April l 1.2005 REGULAR CONi1VIiSSION MEF,TING Paec 2
area in Georgia, also in the same EPA Region as Atlantic Beach, uses the
' ' W technology. Mr. Kuti informed the Commission that he contacted the
. _ EPA regional and national administrators and asked if the ultraviolet
method is acceptable for disinfecting drinking water. He stated that their
' ' responses indicated that the DEP recognized and allowed this method.
Mr. Kuti said that the draft recommendations for the design and operation
of the W method are available on-line and that the EPA will finalize their
criteria and guidelines later this year.. Mr. Kuti noted that each state can
currently regulate use of the UV method as they deem appropriate. He
submitted his report to the City Commission.
J.P. Marchioli, 414 Sherry Drive, expressed his concerns regarding
„ reckless driving and speeding traffic on Sherry Drive. He believed that the
crosswalk sign at the intersection is not effective and that cars do not stop to
allow people to cross the street. Mr. Marchioli discussed his previous
suggestion to place the agenda packet in the chambers the night of
Commission Meetings. He noted that not everyone has access to a
' ' computer for reviewing the agenda on-line. Mr. Marchioli asked for a seat
and table to be placed in the lobby of City Hall specifically for citizens to sit
and read the agenda without distraction. He noted that he made this
' ' suggestion a year ago and believed it would be a benefit for the community.
He briefly discussed the width of the sidewalk on Seminole Road.
. Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City lYlanager's Follow-up Report
The City Manager had no follow up reports.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Public 'SVorks and Utility Department
1Ylonthly Report, and Report of New Occupational Licenses
issued in March (City Manager)
' B. Approve extending the contract for Electrical Motor and Pump
Repairs (Bid No. 0304-13) for one additional year to Industrial
Equipment Services, Inc. at the current contract prices and
' ' authorize the City Manager to sign the contract (City Manager)
Motion: To approve Consent Agenda as presented.
IYloved by tiVaters, seconded by Simmons
Votes:
Ayc: 5 - Bcavcr, Parsons, Simmons, tiVaters, Meserve
Nay: 0
MOTION CARRIED
April 11, ?005 REGULAR COi~1iy11SSION NiEF,TING Page 3
Committee Reports 5. Committee Reports
Action on Resolutions G. Action on Resolutions
A. Resolution 05-04
RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
CREATING A BOARD 1tiIE1VIBEI2 REVIEtiV COMMITTEE,
PROVIDING FOR PURPOSE,IVIENIBERSHIP AND
RESPONSIBILITIES OF SAID CO1VIlV1ITTEE, AND PROVIDING
FOR AN EFFECTIVE DATE
Mayor Meserve read the resolution by its title. He explained that the
resolution formalized the Commission's decision to have a Board Member
Review Committee, which would consist of a Commissioner, the City
IVlanager, the City Clerk and the Committee Chair of the committee being
reviewed.
Motion: To approve Resolution OS-04.
Commissioner Simmons expressed support for the Resolution and asked
• that the Commission's next agenda include an item to decide r~vhich of the
Commissioners would be appointed to the Committee. The Mayor
explained that the Commission had already voted in Commissioner
• ~ Simmons and she had agreed to serve. The Mayor noted that he intended to
attend the meetings as well. He stated that the meetings would be held on
the third Thursdays of the month at 5:00 p.m. and that an agenda with the
applications would be distributed in advance of each meeting.
Commissioner Simmons noted that if anyone was unable to attend the
• meetings, they could still provide comments to the committee members by
other means. She stressed that it is not a closed committee and the meetings
are open to the public.
„ • 1Vloved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
. Nay: 0
MOTION CARRIED
B. Resolution 05-OS
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING A REVISED SEPTIC TANK
CONVERSION ASSISTANCE POLICY, AND PROVIDING AN
` EFFECTIVE DATE
Aril 11.2005 REGULAR COMMISSION lYtEETING Pagc 4
Mayor Meserve read the resolution by title. He explained that the revisions
had already been discussed at previous meetings and that the resolution
makes the changes legal and official.
After examining some of the wording in the resolution, Commissioner
Waters stated he had no problem with the resolution. The City Manager
noted that there have been no additional changes made to any of the items
as previously discussed by the Commission.
Mayor Meserve questioned the maximum loan amount as set at $7,000.
He expressed concerns that the cost of some of the conversions that involve
high tap-in fees could exceed the maximum loan amount. The Mayor asked
what the highest figure has been so far. Donna Kaluzniak, Director of
Public Utilities, responded that the highest total cost she has seen is
$10,000, but that the maximum amount could possibly be even higher.
Mayor Meserve asked if the Commission would find it reasonable to
' ' increase the maximum loan amount in order to assist people with unusual
cases. He asked the City Attorney if the change could be made by a motion , ,
to slightly amend the resolution. City Attorney Alan Jensen confirmed that •
" increasing the maximum loan amount from $7,000 to $10,000 was not a
substantial change. Discussion ensued as to the appropriate language for
amending the resolution.
• Motion: To amend tite language in Resolution 05-OS to include that if
there are extenuating circumstances beyond control of the homeowner,
• the City iVlanager is authorized to increase the total amount of the loan,
not to exceed 515,000.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, IYleserve
Nay: 0
1VIOTION CARRIED
• Motion: To anArove Resolution OS-OS as amended.
IVloved by Beaver, seconded by Simmons
' ' Votes:
.. Aye: 5 -Beaver, Parsons, Simmons, Waters, iVleserve
Nay: 0
MOTION CARRIED
Action on Ordinances 7. Action oa Ordinances
A. Ordiuauce No. 90-OS-1SG, Public Hearing and Fiual Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
April 11.2Q05 RF,GiJLAR COMiVIiSSION 14IEETING Pa~c 5
CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPivIENT REGULATIONS, AS FIRST ADOPTED BY
ORDINANCE NUMBER 90-01-172, INCLUDING AlYIENDMENTS
THERETO; TIIIS ORDINANCE SPECIFICALLY ADOPTED TO
AitiIEND 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 on
' ~ residential lots.
1ylotion: To approve Ordinance No. 90-05-186 on final reading.
The Mayor opened the floor for a public hearing on the item. There were no
public comments. Mayor Meserve closed the public hearing and brought the
' ' item before the Commission for discussion. There was no discussion.
lYloved by tiVaters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
11~IOTION CARRIED
B. Ordinance No. 95-05-89, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACI-I,
FLORIDA, AMENDING ORDINANCE NO. 9~-03-82, CHAPTER
5, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS,
AMENDING SECTION 5-32, ADJUSTMENT FOR BUILDING
USE FEES AND SivIALL FIRES ON THE BEACH AND
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Ntotion: To approve Ordinance No. 95-OS-89 on final reading.
The Mayor opened the floor for a public hearing on the item. He explained
that the ordinance discusses fees and primarily reduces them in order to
make it easier to use public facilities in Atlantic Beach. There were no
public comments. Mayor Meserve closed the public hearing and brought
the item before the Commission for discussion. There was no discussion.
April I1, 2005 REGIJLAR CONINIiSSION i~IF.F,TiNG Pa~,*c 6
lYloved by Waters, seconded by Simmons
Votes:
Aye: ~ -Beaver, Parsons, Simmons, Waters, IVleserve
Nay: 0
IyIOTION CARRIED
C. Ordinance No. 58-OS-30, Public Hearing and Final Reading
" AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION HI GENERAL
E1ti1PLOYEE RETIREMENT SYSTEM, SECTION 2-281
' " AMOUNT OF LEVEL STRAIGHT LIFE PENSION; TO
REDUCE TI-IE BENEFIT 1VIULTIPLIER FOR NE'4V I-IIRES;
AMENDING SECTION 2-298 BENEFIT GROUP GENERAL,
" RAISING TIIE EMPLOYEE CONTRIBUTION PERCENTAGE;
TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: To approve Ordinance No. 5$-OS-30 on final reading.
The Mayor explained how the ordinance slightly changes the City's
retirement system. The Mayor opened the floor for a public hearing on the
item. There ~,vere no public comments. Mayor Meserve closed the public
hearing and brought the item before the Commission for discussion.
Commissioner Waters asked for clarification on the note referenced in the
ordinance. Nelson Van Liere, Director of Finance, responded that the note
" , was listed on the second page under Section 3. There was no further
discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, ~Vaters,lVleserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Approve list of items to be declared surplus (City Manager)
City Manager Hanson commented that the City requires Commission
approval prior to getting rid of City materials. He reviewed the list of
surplus items to be auctioned.
Ntotion: To approve list o_f items declared as surplus.
Anrit 11.2005 RF,CULAR CONilYlISSiON MEETING Pa~~c 7
Moved by Beaver, seconded by Waters
• - Votes:
Aye: 5 -Beaver, Parsons, Simmons, tiVaters, Nleserve
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
In addition to the items in his written report, which is attached and made
part of this official record as Attachment A, City Manager Hanson also
reported on the following items.
Freedom Shrine
City Manager Hanson explained that the Freedom Shrine is an exhibit
developed by the National Exchange Club and focuses on Americanism.
• He described the Freedom Shrine as a project placed in public buildings and
• consisting of historical documents that shaped the character of our country.
City Manager Hanson informed the Commission that the Jacksonville
Beach Exchange Club is looking for a location to place this year's Freedom
• Shrine and asked if Atlantic Beach City Hall would be a good place. He
noted that the display could be spread among the four walls in City Hall and
referred the Commissioners to pictures and descriptions he had distributed
to them. City Manager Hanson asked the Commissioners if they had any
objections to having the Freedom Shrine placed in City Hall. He listed a
number of other beach locations where the Freedom Shrine has been on
exhibit.
Commissioner Simmons asked how long the documents stay up. The City
Manager replied that they remain as long as the City leaves them in place.
. , Commissioner Simmons expressed concern with the number of documents
being on permanent display without being able to trade out with other items
' relative to events with the City. She requested time to consider the issue.
Commissioner Beaver suggested that the Adele Grage Community Center
• was designed for these types of displays and would be a good location far
the exhibit. He also expressed concern with the length of time for the
exhibit and asked if there is a minimum and maximum time frame for
• displaying the items. City Manager Hanson responded that the items are a
gift for the City to keep permanently. Commissioner Beaver inquired the
time frame for making a decision. The City Manager replied that the
Exchange Club usually tries to display the exhibit in May. Commissioner
Beaver expressed ho would like to take the time for consideration and
discussion of the issue.
April 11, 20Q5 Ri;GLJLAR CONINiiSSION 1~IF,i;TING Page 3
Commissioner Waters suggested everyone look at the exhibit hanging in
' Sandalwood High School. He mentioned that the documents are written in
.. old script and, therefore are not very accessible for people to read in modern
language. He also believed that the exhibit may be a bit large and that the
' City would not have the space for it.
Commissioner Parsons strongly supported the idea of the exhibit and
recommended placing the items all over the City, rather than in one
location. He spoke favorably of the issue and suggested rotating the
displays around in different City locations.
• • Mayor Meserve commented that he would like to give more consideration
to the size of the exhibit and inquired if the documents could be given to a ~.
local school after being on display. He asked the City Manager to research
• • the issue further and determine what options would be appropriate.
Further discussion ensued regarding the current exhibit at Sandal~,vood High
' ' School. The Mayor requested that the item be brought back on the agenda
far the next Commission meeting in two weeks. ,
` ' Dancing in the Streets
The City Manager noted that the event is scheduled for Saturday, May 14`h,
• • 11:00 a.m. - 9:30 p.m. in Tawn Center. He stated that the arrangements are
• the same as last year and that both Atlantic Beach and Neptune Beach
cooperate to put on the event. He commented that there have been no
problems in past.
• Reports/Requests 10. Reports and(or requests from City Commissioners and City
City Commissioners Attorney
' City Attorney
Commissioner Beaver
.. • Apologized for missing the Strategic Planning meetings., Stated that
he will meet with the City Manager the next day in order to review
• ~ the information from the meetings.
• • Thanked the Commission for thinking of his wife.
Commissioner Simmons
• Inquired if it was necessary to include the attachments from
previous meeting minutes in the agenda packets. Commented that
removing them would prevent having a cumbersome and thick
packet and would save costs on copying.
April 11, 2005 REGULAR CONIIYIISSION MEETING Pace 9
• Commented on the windy weather at the beach this past tiveekend
and the occurrence of two near-dro~vnings at the Third Street beach
access. She asked for discussion of ideas to warn and protect people
who are naive about beach conditions.
•:• Discussed the cost of debris clean-up after hurricanes and asked if
tree damage weighs more than other debris. She inquired if there is
a method to identify the type of debris in the City. City Manager
responded that the debris has.been identified and it is mainly
composed of vegetation, such as leaves and titivigs.
•:• Commented on the beauty of Howell Park in the springtime.
Commissioner Parsons
• Asked for any information on the status of JEA studies. City
Manager Hanson and Donna Kaluzniak, Director of Public Utilites,
both responded and provided information on recent repairs and
replacement tivork done by JEA. Commissioner Parsons inquired if
JEA was required to provide a list of the work they do in the City. , ,
Ms. Kaluzniak did not believe that JEA was required to provide a -
list, but noted that anytime the company does work in the City's
right-of--way they have to get a permit and let the City review the
plans for the work. The City Manager noted that he had a list of
approximately 30-40 places where 3EA performed some overhead
repairs and replaced insulators a couple months ago.
• Inquired on the status of the revisions to the Tree Board Ordinance.
• Suggested that the Commission send a letter to Sandy Stranahan,
thanking her for her donation of the manatee. He spoke highly of
Ms. Stranahan's generosity and noted that she refused to accept any
money that was raised as compensation for her gift. Commissioner
Parsons stated that Ms, Stranahan would like to see the money
raised be used for lighting the sea cow.
• Discussed Jacksonville Beach's new plan for fining owners who do
not properly dispose of their pet's waste. Supported the City's
current ordinance dealing with the same issue.
Commissioner Waters
• Asked for clarification on the JEA problems underground. City
Manager Hanson and Mayor Meserve provided information on the
various projects. Commissioner Waters was pleased to hear that
deteriorated insulators were being replaced.
•:• Inquired about the new building construction at Public Works.
Donna Kaluzniak, Director of Public Works, responded that an
equipment storage shed is being built there.
• Stated that he heard of a murder on Ahearn Street. City Manager
Hanson reported that City Police found a body that morning on
' Aprit 11.20Q~ REGiJLAR COIVIIViiSSION bIF.F,'TING Pane 10
Ahern Street, but it was currently believed that the death was the
' result of natural causes.
• Discussed a letter received from State Senator Dockery, asking the
Commission to write a letter supporting legislation regarding the
' ' protection of North Florida's water supply. Donna Kaluzniak stated
. _ that she is in the process of contacting the Environmental IVlanager
at the League of Cities regarding the issue. She noted that she
+ intends to conduct a thorough review of the bill before making any
staff recommendations.
• Reported that the Northeast Florida League of Cities meeting is on
~~ Apri121s` at the Orange Park Kennel Club.
ivlayor Meserve
- • Advised the Commission to carefully follow any current and future
issues regarding water source and usage in Florida.
• Commented on a ceremony he attended Sunday afternoon in
Jacksonville Beach that dedicated a plaque in honor of a ship sunk
by torpedo in 1942. He noted that it was a nice event recognizing ,
the Merchant Marines and he spoke on the history of the Merchant
' ' Marines.
• J.P.1Vlarchioli, 414 Sherry Drive, suggested that the Mayor invite
any one-time visitors at the meetings to introduce themselves, if they
" so desired. The Mayor responded he would be happy to do so.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 8:12 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk