MinutesMINUTES
REGULAR CITY COMlYIISSION l~1EETING
APRII. 25, 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 acknowledged that there were a number of citizens present
to address Item 8G (17th Street Septic to Sewer Conversion) and thus
proposed to move that item to immediately after Unfinished Business. He
suggested that anyone wishing to address the item could discuss it at that
• time.
• Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of April 11,
2005 '
• Motion: Approve the Minutes of the Regular Meeting of
April 11, 2005 as presented.
Moved by Beaver, seconded by Simmons
_ ~ Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
• Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Russ Durham- JEA Maintenance Report
• Mayor Meserve invited Russ Durham, of JEA, to discuss the status of
. electricity service since the previous hurricane season and the
improvements planned by JEA. His presentation included an overview of
the methods used by JEA to track the frequency and duration of power
interruptions. In reviewing data from the last couple years, Mr. Durham
reported that the results indicate that JEA is doing a good job of restoring
• power and limiting the frequency of outages. He also discussed projects
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implemented by JEA since the last hurricane season. These projects
included better communication with the City, tree trimming, overhead and
underground electrical upgrades, and long-term improvements.
• Mr. Durham acknowledged there was need for better communication
• between JEA and the City's administration and community. He expressed
his personal and professional commitment to improvements in that area. He
discussed the difficulties involved with keeping utilities reliable while also
• preserving the city's tree canopy. Mike Robinson, JEA's arborist, was
introduced as the contact person regarding tree issues affecting power lines.
Mr. Durham discussed the overhead projects, explaining coastal standards
• and how beach weather affects electric fuse cutouts. He presented samples
of electric fuse cutouts and reported on the fuse cutout upgrade project
performed by JEA in the last couple weeks. He discussed the conflict
• ~ between palm tree growth and maintaining power lines. Mr. Durham stated
that JEA just began a new project of replacing twelve utility.poles on East
Coast Drive in order to get the power lines higher than trees. He reported
that JEA's underground improvements included replacing and retrofitting
. , direct bury cables with new technology that will double their lifespan.
According to Mr. Durham, asingle-span cable replacement project is also in
" . progress and he reviewed the areas affected.
JEA's lonb term improvement plans included large-scale direct-bury
replacement projects in certain neighborhoods and the implementation of
Network Meter Reading. Mr. Durham explained that the Network Meter
Reading system would allow JEA to read meters wirelessly and more
accurately by removing the human element for error. With the new system,
the, meters would also be able to communicate power interruptions with
JEA's database, thereby eliminating the need for customers to call JEA in
order to report power outages.
Commissioner Parsons asked where JEA will begin implementing the
wireless meter reading system. Mr. Durham answered that some Atlantic
Beach customers have already been notified that their meters were changed
in the last two years. He also noted that most residential customers in
Duval County have already had their meters replaced.
Commissioner Parsons remarked on the tremendous breakdown in
communications between JEA and the City during the recent hurricanes and
inquired about JEA's plans for improvements. Russ Durham responded and
explained the different ways that JEA planned to improve communication
with the City.
Commissioner Parsons asked about the different areas where JEA planned
to be working underground. Mr. Durham explained that the priority for the
underground work is placed on areas with the greater number of
underground faults or trouble tickets from outages. Commissioner Parsons
inquired if JEA had any kind of maintenance program to check lines that
have been underground for twenty or more years. Mr. Durham discussed
Apri125, 2005 REGULAR COIVIMiSSION iVirETING Pay=e 3
the encasement of the underground system versus the overhead system in
order to explain the important factors regarding failures.
Commissioner Parsons expressed concern with the status of Beach Avenue
since it is located closest to the ocean. Mr. Durham explained that every
street's electric service was inspected as part of the coastal standards and
thus was either verified as meeting standards or replaced. Commissioner
Parsons asked if JEA had any methods to test for outages occumng for less
than a minute. Mr. Durham responded and addressed the issues involved in
their tracking methods.
Commissioner Parsons reiterated the frustration experienced during the
hurricanes due to lack of communication with JEA. Mr. Durham noted that
JEA made improvements in communication and service after the first
hurricane of the season and that they continued to learn and adapt
throughout the storm season.
Commissioner Waters asked if the coastal standards pertained to the
electrical boxes on side of house. Mr. Durham answered no and explained
that the boxes are the responsibility of the resident to provide.
Commissioner Waters inquired about the use of transformers and PCBs and
Mr. Durham explained that PCBs are rarely used anymore.
Commissioner Simmons discussed better placement for meters at
residences. Mr. Durham informed her that the meter locations are the
decision and responsibility of the customer if'they want their meter moved.
Commissioner Simmons questioned noises heard from transformers and Mr.
Durham explained the possible causes. Commissioner Simmons
commented on the inconvenience of outages that last for even less than a
minute and also discussed the issue of grounding new meters. She noted
that she liked the new poles being placed in the public right of way on
Ocean Street and asked about the timeline for the phone lines being moved
to the new poles.
Commissioner Beaver further discussed the areas of JEA responsibility
versus the customer's area of responsibility at residences. He questioned if
coastal territories have different codes for the electric boxes than inland
residences. Commissioner Beaver commented that the underground lines
were the most problematic and challenging to repair during hurricanes.
Discussion ensued regarding the difference in damage caused to
underground cables versus overhead systems.
Commissioner Beaver expressed concern regarding tree-trimming crews not
examining the health and future growth patterns of trees before cutting
them. He stressed the importance of educating the crewmen and of having
a certified arborist oversee their work. Mike Robinson, of JEA, explained
the certification and education program available to their crews regarding
tree cutting.
Anri12~, 2005 RF.GUi.AR COi~INIiSSION 1~1EETING Pale 4
Mayor Meserve commented on the major problems encountered during the
last hurricane season. He itemized these problems as stemming from bad
communication, trucks working in the City without maps with street
numbers, workers not knowing the systems or connectivity of different
areas, and lack of awareness of the outages. He asked for more details
regarding how the wireless meter readers will help notify JEA of the power
outages. Mr. Durham explained the wireless notification system. The
' Mayor thanked Mr. Durham for his presentation to the Commission.
Pat Thompson, of 422 20th Street in Selva Norte, addressed the issue
regarding power outages during the hurricanes last year. He noted that
there were over 100 houses in the area without power, primarily due to the
underground power lines. He asked that the City keep pressure on JEA to
enact their plan to fix cables this year rather than a year from now. He
expressed his appreciation for the City's assistance when residents were not
able to get in touch with JEA.
Unfinished Business 3. Unfinished Business from Previous 1Vleetin;
from Previous Meeting
A. City Manager's rollow-up Report
City Manager Hanson addressed the issue of UV disinfection at wastewater
treatment plants. He stated his intent to clarify any misunderstandings
., regarding the subject of chlorine use in the City's water system. He
referenced a letter to the editor that suggested replacing the City's chlorine
system with an ultraviolet method for disinfection and noted that City staff
responded that State and Federal regulations do not allow the elimination of
chlorine. City Manager Hanson discussed a citizen's implication that City
" staff could not be trusted because the EPA had stated that the UV method
could be used as the primary disinfection method. The City Manager
clarified that Atlantic Beach does not require primary disinfection and thus
does not perform that level of disinfection. He explained that the secondary
. , system used by the City requires chlorine in order to keep a residual in the
water lines to residences. He noted that adding UV treatment would not
improve the drinking water and would be extremely expensive. He
distributed a memo from Donna Kaluzniak, Director of Public Utilities,
which explained the issue and is attached and made part of this official
" document as Attachment A.
B. Mayor's response to recent letters to the editor
For the public record, Mayor Meserve responded to letters to the editor that
implied illegal or unethical actions taken by the Mayor, in regards to a letter
dated August 18, ?004 concerning Johnston Island. The Mayor gave the
background of the letter from a developer and stated that it was not a letter
demanding action, but, rather, it was simply a proposal. The Mayor noted
that this letter, like all letters addressed to the Mayor, was also distributed to
the Commissioners and the appropriate City staff upon its receipt. He
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disputed any indication that the petitioners' suit against the City saved the
City from spending 8 million dollars to purchase the island. The Mayor
noted that the letter from the developer had been misquoted in the letter to
the editor.
Item 8G was taken out of sequence and acted on at this time.
G. 17th Street Septic to Sewer (Commissioner Waters)
The Mayor opened the floor to public comments on the issue.
Bob Byrod of 6217th Street addressed three main concerns he had
regarding the sewer system on 17th street. He expressed dissatisfaction
with responses from City staff when they were asked about the issue. He
questioned why certain people had to pay impact fees and why others did
not. Mr. Byrod stated that his main complaint was that the residents were
told that taps would be installed when the road was torn up years ago and
now they discovered only half the street had taps. He believed that the City
should have inspected the work before it was stopped and he was upset that
now he has pay 300% more to have a tap put in than he would have paid
back then.
David Boyer, 2061 Beach Avenue, stated he has lived at that address since
1965 and has been using a septic tank without any problems. He indicated
that he is in the same position as the property owners of 17th and Coral
Streets. He made reference to the letter sent to the commissioners by the
property owners. The letter from the citizens is attached and made part of
this official document as Attachment B. Mr. Boyer gave the history of
sewer lines that were installed at 20th Street in 1986 and later at Beach
Avenue in the 1990's. He questioned why all of the residences around his
home received water and sewer taps but his house did not get either. He
stated he would like to have a sewer and water tap installed for his
residence and asked for the same consideration and fair treatment that
everyone else has received.
Chris Griffith, 75 Coral Street, accepted the fact that they were required
to hook up to City sewer and stated he did not have a problem paying the
cost of sewer installation from the house to the street. However, he voiced
concern with having to pay for the tap and with the fact that only one
company, Gruhn May, would do the job for the price of $5000. He asked if
the City could assist the residents in acquiring competitive bids from other
companies. Mr. Griffith also pointed out and questioned the inconsistencies
regarding who pays for taps and how much they pay. He appreciated any
consideration the Commission could give to their issue.
Karen Parish, 6317th Street, statcd she has lived at her home since 1979,
with no City water or sewer. She indicated that residents were under the
impression that taps would be available when the sewer lines were installed,
April 25, 2005 REGULAR COIVINiiSSiON MEETING Pa~~e
in case they connected to City sewer in the future. She noted that now the
residents have discovered that there are no taps available. IVIs. Parish stated
willingness to connect to City sewer but requested, at the very least, to only
have to pay what the assessment would have been when the original work
was done. She also commented that she and her husband have never been
officially notified by the City to connect to City sewer. She kindly asked
that the City consider the questions, issues and solutions presented in the
letter from the residents.
Leslie Bell, 7517th Street, reviewed the letter sent by the residents to the
Commission. She indicated that the main issues of discussion are the tap
fees and the impact fees. She quoted the fees involved as being $4800 for
tap, $1250 for impact, and $2500 for plumbing, totaling over $8000 per
home to hook up to the City's sewer. She questioned why the City requires
one tap per property when one tap can technically serve five to six homes.
She asserted this was excessive and cost prohibitive, and strongly suggested
that City allow sharing taps in order to help reduce the costs involved. She
reiterated the City's inconsistency regarding who pays for the tap fees, the
prices paid for the tap fees, and the timelines given for payment. Ms. Bell
remarked that homeowners are responsible for the area at their houses and
the City is responsible for the area on public property. She discussed
impact fees and that the intended purpose is to improve the impacted
facilities. Ms. Bell did not believe their homes would be impacting any
facilities and therefore stated that they should not have to pay impact fees.
Ms. Bell recounted the four suggestions listed in the letter: 1) The City
could provide taps at the ratio of one tap per 5-6 homes. 2) If property
owners pay for the taps, they should receive the option to be assessed for
the costs involved. 3) Impact fees should be waived; if not, the City should
provide proof of how the fees are being spent to improve the facilities
affected. 4) If impact fees are not waived, the City could apply the fees
towards cost of the taps.
Kim Rogers, 5617th Street, stated that she has lived in Atlantic Beach for
seven years and is willing to comply with the septic to sewer conversion.
However, she stressed that a total cost of almost $17,000 ($5000 for impact
fee, $5000 for tap, and $5000 for work) is a large amount to pay in order to
connect to the City sewer line when her septic tank is working fine. She
questioned the concept of fair and equal treatment of all Atlantic Beach
citizens when different areas of the City have different timelines for
compliance. Ms. Rogers asked why the taps were not put in when the sewer
lines were laid and thought it was an oversight of the City. She noted it
would have reduced their costs and now they have to pay much more. She
asked the City Manager for subsidization of the projects and stated she is
doing research on other areas that were given special consideration by the
City for this issue. She asserted that $5000 is too much to pay for a tap and
that it is not fair to only have one company willing to do the work, without
any competitive bids. Shc expressed that fair and equal treatment would
allow them the option of an assessment and the timeline to comply like
other areas were given.
t\pril ~~, ~00~ RFGULt\R COlVil1-'11SSION iVIErTING Pa~c 7
Richie Bell, 7617th Street, stated he has resided at his address since 1985.
He proceeded to explain his understanding of the sewer line installation
performed in 1986. He remarked that, at that time, the City allowed the
sewer line to be available only to the new .condominium project and
wondered why the City did not plan for the future by installing other taps as
well. He questioned the City's lack of foresight and felt the City should be
held responsible for the current problem because access to the line was
initially omitted. He noted that the costs to the private property owners
have become so exorbitant that the City has increased its financing offer.
He expressed concern that the City is currently offering financing at an
interest rate which is 2% higher than the typical current rate of interest. He
also had concerns with the fact that the City charges two impact fees for a
duplex but that the property can only be rebuilt as single-family structure.
He indicated that these City rules greatly affect the hook up cost and value
of investments for duplex owners.
Mayor Meserve brought the issue before the Commission.
City Manager Hanson gave a historic perspective on the City's policy
regarding the payment for taps. He noted that the tap cost has always been
paid entirely by the resident or business. He addressed the question of why
taps were not put in when the lines were installed. The City Manager
explained that the sewer lines in question were put in by private developers
prior to the state law requiring hook-up to the City's sewer system.
Therefore, he noted, at that time there was no' logic or reason for the City to
require that taps be installed. The City Manager discussed the petitions
received from groups of citizens requesting extension of the water/sewer
lines and installation of taps after the state law was enacted. He explained
that the assessments and timelines were created by the City five years ago in
order to help relieve the burden of citizens paying for the cost of the sewer
lines and the cost of connection at the same time.
Commission Waters asked for clarification on how many people can be
connected to one tap. Donna Kaluzniak, Director of Utilities, responded
that the City's building code allows two units per tap. She informed the
Commission that sewer problems are created when more than two units are
connected per tap. She noted that each unit would require an individual
clean out at the tap in order to troubleshoot any sewer problems.
Commissioner Waters asked if the City could bid out for the services
needed. Ms. Kaluzniak responded that Gruhn May's price was the lowest
price received for the City's bid for an annual service contract. She stated
that the City could try to get more bids for the project but advised that they
might not receive any other bidders due to the nature of the project.
Commissioner Waters expressed sympathy for the citizens and discussed
issues with his own neighborhood's situation. He asked City Attorney
Alan Jensen if the City had made an agreement with the assessed citizens
Anrii 2s, 20Q5 REGULt1R CONINiISSiON ItiiCITING Pa~~e 3
that they would not have to connect until their septic tanks failed. City
' ° Attorney Jensen responded that the final agreement stated that once the
. , assessments were over, the citizens had to hook up to City sewage within a
year. Discussion ensued.
Commissioner Waters stated that the information handed out said that
tapping in to the sewer line should cost about $1200 to $2400. He noted
• that the actual cost differs from those amounts by about $2400 and
• - suggested that the City should take care of that difference in order to be fair
to the citizens. Ms. Kaluzniak clarified that the information given had
presented the costs in general terms and had stated thaC the actual costs
• • could be greater, depending on depth and other circumstances.
Mayor Meserve discussed the issue of the number of homes allowed per tap
• ~ and stressed that this fact would need to be confirmed before any real
decisions could be made. He reiterated the fact that state laws have changed
over the years and that when the sewer lines were established, there were no
requirements at that time to connect to City sewer. He noted that the City
could not force anyone to do anything that was not required at that time, but
now the City is enforcing a law that requires people to connect to City
' ' sewer within a year of having access to it.
Mayor Meserve reviewed options regarding the number of homes per tap
' ~ and the creation of an assessment system for citizens with high costs.
• He mentioned the idea of considering counting the tap fee against the
impact fee in the specific circumstances involving high costs. Mayor
Meserve suggested getting more information and bringing the issue back
• before the Commission again.
Commissioner Beaver asked that the City gut some pressure on Gruhn May
• to help the City through the situation and possibly reduce some of the
pricing. He suggested extending the deadline for the conversion until the
City comes to a conclusion based on the necessary information.
Mayor Meserve acknowledged that the current end date of May 22, 2005
would be extended until the Commission could make an informed decision.
• City Manager Hanson noted that as long as a citizen is making efforts
towards their conversion, they would not be brought before the Commission
for a code violation. Mayor Meserve reiterated that the City will work out
' ' the situation in a fair manner. He discussed the issue of impact fees and
how they are used to support City utility systems.
Commissioner Waters questioned the fairness of duplex owners paying two
impact fees but only allowed to rebuild asingle-family home on their
property. Commissioner Simmons indicated that the law allows duplexes
and townhouses to be rebuilt. Mayor Meserve stated that the issue will be
researched and put in writing for the citizens. City Manager Hanson also
noted that the notification letter addressed to the Parishes is already in the
mail to them.
Apri12~, 2414)5 REGULAR COl~iN1ISSION yIl?rTiNC Page 9
Mr. Boyer stated that the water and sewer lines put in on Beach Avenue
were a city project, not a private project and there was no tap put on it for
his property. Donna Kaluzniak mentioned that the line ended at the
' ' manhole and the City did not work past that point.
Bob Riley stated he lived on 17th Street when the line was put in and he
asserted that the work was done by the City. Mr. Riley inquired if there are
any maps indicating where taps are located. Mayor Meserve replied that
, , the City would gather more facts on that matter and all the other issues
discussed and the item would be brought back before the Commission at the
next meeting.
' ' Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Public Safety Quarterly Report,
' ' Building Department, Utility Sales and Financial Monthly
.. Report for March 2005 (City Manager)
B. Award the Kestner Road Water 1Vlain Project, CDBG, Bid No.
0405-12, to Gruhn May, Inc. in the amount of $49,580.00 and
authorize the City Manager to sign the contract (City ivlanager)
C. Approve the selection of Sprinbsted Incorporated to conduct a
' ~ City Classification & Pay Study update and authorize the City
• Manager to sign appropriate documents (City Manager)
D. Approve an Extension of the Nleter Testing and Repair contract
for one additional year to Reed & Shows 1vleter Repair &
Supply at the contract prices (City Manager)
E. Approve an Extension of the Sewer Cleaning and Televisinb
contract for one additional year to Equitas Sewer Services., Inc.
• at the contract prices (City 1Vlanager)
F. Approval and acceptance of Final Subdivision Plat for Scheidel
Court (City Manager)
Commissioner Parsons requested that Items D and E be pulled from the
Consent Agenda for discussion. Commissioner Beaver asked that Item C
' be pulled and Commissioner Waters asked that Item F be pulled for
discussion.
Motion: To approve Consent Agenda Items A Si B as presented.
1~Ioved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
In regards to Item C, Commissioner Beaver asked if the City has contacted
' April 25.2005 REGULAR COI~iIYIISSION ViEI;TING Pale 10
• Jacksonville Beach about the status of their relationship tivith the current
vendor. George Foster, Director of Human Resources responded that he has
discussed the issue with the Human Resources Director at Jacksonville
Beach and it was revealed that they have used the company previously and
are very satisfied with the company.
Motion: To approve Consent Agenda Item C as presented.
Moved by Beaver, seconded by Simmons
Votes:
" ' Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
• . Nay: 0
MOTION CARRIED
Commissioner Parsons asked if the contractors for Items D and E perform
their work only as needed, or if they are also contracted to do maintenance
• - work. Donna Kaluzniak, Director of Public Utilities responded that
sometimes the contractors will be scheduled for a specific project, but often
if there are problems in a certain area, the contractor will be sent to test and
monitor that area. She informed the Commission that the meters are tested
and only repaired if needed at that time.
Commissioner Parsons stressed the importance of performing routine
maintenance work in order to find potential problems before they become
problems. Ms. Kaluzniak responded that the City attempts to give priority
' to completing the larger projects while the City has funds for them.
Motion: To approve Consent Agenda Items D and E as presented.
1Vloved by Parsons, seconded by Simmons
Votes:
• Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
.. Nay: o
MOTION CARRIED
On Item F, Commissioner Waters inquired why the plat map only showed
three tracts and did not define the number of units in the area. City
Manager Hanson explained that the tracts indicate the condominium
complexes in the plat. Commissioner Waters asked for the number of units
being built. Rick Carper, Director of Public Works, responded that eleven
units are planned. Discussion ensued regarding the lack of details on the
plat map.
Motion: To approve Consent Agenda Item F as presented.
IVloved by Waters, seconded by Simmons
Votes:
April Z5, X005 RLrULAIt COi~~INIiSSInN iVIEIs"I'INC Pa~c 11
Aye: 5 -Beaver, Parsons, Simmons, ~Vaters,lVleserve
Nay: 0
11~TOTION CARRIED
Committee Reports 5. Committee Reports
No Committee Reports
Action on Resolutions 6. Action on Resolutions
No Resolutions
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-OS-70, 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 explained that this
` ~ ordinance primarily addresses the issues of budget changes so that the City
• can pay for particular items they have decided to fund.
Commissioner Parsons asked if the City had heard anything from FEMA.
• The City Manager responded that they had no more information since the
last report received. Nelson VanLiere, Director of Finance, stated that it
had been two weeks since the City sent in their appeal and that FEMA is
allowed 60 days for their response.
iViotion: To approve Ordinance No. 20-05-70 on first reading.
. Moved by Waters, seconded by Simmons
Votes:
• Aye: 5 -Beaver, Parsons, Simmons, Waters,lVleserve
Nay: 0
MOTION CARRIED
' Miscellaneous Business S. Miscellaneous Business
A. Recommended Code Changes for Working in the Public Right
of tiVay and Impervious Material Limitations (City Manager)
Rick Carper, Director of Public Works, stated that staff proposed changing
the City code to require permits for any work by a citizen within the City's
right of way. 1~Ir. Carper summarized the recommendations in his staff
report for the Commission and gave a presentation that included examples of
the issue. He discussed citizen responsibility of work performed,
t\nril 2~, 3005 REGULAR CONI~IISS[nN MEET[N('. Partc 12
prohibiting parking aprons, impervious limitations, Land Development
• Regulation changes, setbacks, driveway widths, materials approved for the
- work and onsite retention systems.
Commissioner Simmons commented that the City is beginning to look like a
• patchwork quilt from lot to lot and that she finds it aesthetically unappealing.
• She questioned the amount of administrative effort that would be needed to
go over every landscaping issue in the right of way, as suggested in the
report. Mr. Carper presented reasons that support the need to review
• landscaping permits in the right of way. Commissioner Simmons requested
that a list of the arterial streets be added to Item #3 of the report. She also
expressed concern on how to handle the issue of parking spaces for duplexes
. on 50-foot lots. She noted that these circumstances often result in entirely
paved front yard areas. She suggested that the City consider duplexes a bit
differently than single-family units on 50-foot lots. Commissioner
Simmons asked for language to be included which clarifies specific areas
where turfbloc is allowed and not allowed. She strongly supported the idea
of changing the impervious calculation for pavers from 50% to 75%.
Commissioner Waters reinforced the need to define arterial streets so that
the streets on the other side of Mayport Road are not neglected. He noted
that concrete pads are more prominent in those areas and suggested using
turfbloc instead of concrete for some of those situations.
• Commissioner Parsons inquired if the specific problem existed mainly on
weekends. Mr. Carper responded that currently work is performed at
anytime since no permit is required. Commissioner Parsons asked the
difference between pavers and smooth concrete. Mr. Carper replied that the
main difference between using those materials in a sidewalk area is an issue
of safety. Chief David Thompson, Director of Public Safety, added that
• police have trouble ticketing a car that is parked on a sidewalk that appears
to be part of a driveway. Commissioner Parsons stated that he does not have
any problems with pavers and thinks they are attractive.
Commissioner Beaver supported the recommendation regarding sidewalks.
He noted that any work done to the sidewalk by anyone other than the City
' could potentially be hazardous to pedestrians.
Mayor Meserve advised the staff to bring back the item with the appropriate
language for an ordinance.
B. Proposal for City Acquisition of Seminole Road Ditch "Spite
Strips" {City Manager)
City Manager Hanson explained the issue being discussed and the area
involved. He reported that if the Commission decides to acquire ownership
of the property, they would also need to decide if the parcel should be
cleaned up and, if so, by whom.
Apri12~, 2005 RF,GUi,At2 COMI~IISSInN iVIIsI;'I'ING Pa~~e 13
Mayor Meserve proposed acquiring the property if it is being offered at no
charge to the City. He also suggested that the City write letters to the
property owners along the ditch, asking how they would like the area to be
maintained.
. , Commissioner Simmons questioned why the City would desire
responsibility of the parcel. She advised leaving it in the hands of the
• owners and letting it grow without requiring any maintenance for it.
Discussion ensued on whether or not to accept the property and what to do
with it. It was the consensus of the Commission to move forward with
• acquiring the property. Discussion ensued regarding the current ownership
• . of the area and if the property could be sold to other parties.
Motion: To authorize the City Manager to acquire the Seminole Road
Ditch "Spite Strips" property, if offered at no cost to the City.
Conversation ensued regarding the current status of the property and
possible options for maintaining it.
Moved by Waters, seconded by Beaver
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 1-Parsons
MOTION CARRIED
C. Installation of Freedom Shrine (City Manager)
City Manager Hanson noted that the information presented in his staff report
is similar to the information given at the last Commission meeting. He
reported that the Exchange Club has no objections to the documents being
rotated throughout other City buildings, as long as the documents are •
accessible to the public.
Commissioner Waters did not support placing the documents in the City
Hall or aC Adele Grage. He suggested that Jordan Hall would be a good
location for the shrine due to the fact that a lot of children visit it. He agreed
that the City should accept the Freedom Shrine but believed that the proper
location needs to be found for it. Commissioner Parsons concurred that City
Hall would not be the appropriate place for the documents. He supported the
idea of including Jordan Hall in the rotation of the documents.
Commissioner Simmons noted that the Exchange Club prints a Freedom
Shrine textbook that explains the meaning of the documents and suggested
that the documents also be rotated through the Community Centers as a
learning tool during the summer sessions. Commissioner Beaver also
reiterated that the City should accept the Shrine, but that City Hall is not the
right place for it. He suggested contacting Atlantic Beach Elementary as
Anri12~, 21)05 REGULAR CONINIISSION IyII:I:TING Pale 1~
another possible location.
MayorMeserve recommended accepting the 19-foot version of the Shrine
and suggested that the City has enough locations for placing it on a rotation
• basis.
D. Letter from Florida League of Cities, Inc. on the Proposed
Constitutional Amendments to RevieFV FL Sales Tax Exemptions
(City Manager)
• City Manager Hanson explained that the proposed amendment would require
that sales tax exemptions be reviewed periodically to see if they are still
needed. He noted that the Florida League of Cities is asking that member
cities support them in passing the resolution. He commented that there are a
• number of sales tax exemptions and that some are less logical or practical
than others..
• MayorMeserve commented that he was not in favor of endorsing a
proposition that forces legislature to attack an issue that he does not consider
` ' a constitutional issue. Commissioner Beaver agreed with the Mayor and
remarked that the legislature needs to make the decision on the issue without
it becoming a constitutional amendment.
Commissioner Simmons remarked that she was in favor of some of the
proposal, but not all of it. She questioned if it was appropriate for the
Commission to make this type of decision regarding a State issue that was
.. not generated from the local community.
• ~ Commissioner Waters discussed the different ways to define a community
• and noted that the item was generated by the community of cities in Florida
that are affected by it. He recommended sending the content of the proposed
resolution to the City's representatives and asking them to look at it. He
indicated that reviewing sales tax exemptions at periodic intervals makes
sense and suggested that the City draft a letter asking the representatives for
their support rather than creating a constitutional amendment forcing them to
• act on it.
MayorMeserve advised that the Commission's letter be kept to the general
issue of supporting periodical review of the sales tax exemptions.
E. Staff Report on Request from Senator Dockery to Support
Legislation to Develop Alternative Water Sources (City
Manager)
City Manager noted that the City has received no specific legislation from
Senator Dockery on this issue and thus expressed concern that the item is
still open to interpretation. He recommended that the City not take a
April 25.2005 R[;GULAR COIVI~IISSION yIF,T:TING Pa~~c 15
position until Senator Dockery articulates what is being requested.
The Mayor advised the Commission to review the language before
supporting any legislation that might address water rights in Florida. He
noted it is doubtful that any new legislation will be passed this year.
F. Extension of Lift Station SCADA (Bid No. 0304-21) contract with
Control Design, Inc. to include ten additional lift stations at a
cost of $55,550 (City 1vlanager)
Motion: To extend Control Design. Inc.'s contract for [ift stations'
SCADA to include ten additional lift stations at a cost of $55.550.
' ~ The City Manager reviewed the staff report on this item.
Moved by Parsons, seconded by Beaver
' Votes:
Aye: 4 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
• MOTION CARRIED
G. 17"'Street Septic to Sewer (Commissioner Waters)
This item was acted on earlier in the Agenda.
H. City of St. Augustine Beach's Resolution Supporting the Florida
' ' Open Beaches Act (Commissioner'4Vaters)
Commissioner Waters explained the contents of the document and noted that
' ' the document protects the limited amount of public access that currently
exists. He expressed his support for the resolution and gave examples of
local situations where he has seen public access given away for the purpose
' of private enhancement.
Commissioner Simmons commented that, although she supports preserving
' ' our beach accesses, she was not in favor of passing a resolution supporting
an act she has not yet read. She noted that she would need to read the bill in
order to answer questions regarding the act. Commissioner Beaver agreed
' and commented that it would have been helpful if the information on the act
itself had been presented.
Mayor Meserve noted that the bill was currently conceptual in nature and
most Iikely will not be passed this year. He agreed with the need to protect
public access but, as a home rule supporter, he expressed concerns with
giving up local rights to the State government. The Mayor also indicated
rlpril 2~, 2005 RE(`,ULr1R COltiI~1ISSTnN l~[F.i;TINC'. Pa~c 1C
that he would need to read any bill before deciding whether or not to support
' ~ it.
' ' City Manager 9. City Manager
A. City lYlanager's Report
City Manager Hanson briefly commented on each item of his written report,
which is attached and made part of this official record as Attachment C.
Opening of New Skate Park
.City Manager Hanson reiterated that the grand opening for the Oceanside
Rotary Skate Park will be held on Saturday, May 14`", 2005 at 9:00 a.m. He
noted that invitations are in the process of being mailed out soon.
' ' Community Character Workshops
He reported that the beginning of the week of June 13`~ was the earliest that
the City could schedule the first meetings with Winter and Company.
In addition to his written report, the City Manager also reported on the
following:
Employee Health Fair
City Manager Hanson informed the Commission that the City has scheduled
its second Employee Health Fair to take place in the Commission Chambers
on Monday, June 6`h from 7:30 a.m. until noon. He noted the types of
health screening and information that would be available and invited the
Commission and City staff to attend.
Beach Renourishment
He announced that the City of Jacksonville and the State DEP have agreed
on terms for a contract and they are scheduled to open bids for beach
renourishment on May 3`d.
' Hopkins Creek Project
The City Manager discussed the issue of acquiring two acres of property
needed in order to construct a retention pond for the area. He noted that the
original appraisals were dated November 2003 and that, after discussions
with the City Attorney and reviewing State laws, the City has determined
' that they need to get two updated appraisals before proceeding. The
Commission will be notified of the results when they are received.
April Z5. ZOQ5 RTsGUi,AR C01~11~IISSInN l~iis'~TING Pa%c 17
Jacksonville Day
City Manager Hanson reported that he and the Mayor attended Jacksonville
Day at the State legislature and were able to receive the status of many bills
that may affect the City. He noted that some of the important issues
discussed with legislators included growth management reform, fireworks
industry restrictions, communication service tax funds, benefits for police
and fire, and State funding for the Better Jacksonville Project.
1Vlayor Meserve reported that Commissioner Waters also attended the event
and stressed the importance of representatives from the beaches attending in
order to make impact and address the legislators as a united beach
community.
ReportslRequests 10. Reports andtor requests from City Commissioners, and City
City Commissioners Attorney
City Attorney
City Attorney Jensen
• Reported on the issue of regulating newspaper tmagazine racks. He
informed the Commission that the City could not remove the racks
due to the public's entitlement to free speech. He suggested options
for controlling their location and appearance and discussed different
examples used by other areas. He indicated that he had a model
ordinance for reference and asked the Commission what direction
they would like to take with the issue.
• Commissioner Waters expressed his dislike for the current manner
of display and irregular look of the racks in the City. He referred to
the town of Winter Park as an example of how to regulate the
number and appearance of the racks. He suggested that the
Commission discuss how much money the City would be willing to
put towards standardizing the racks.
• City Attorney Jensen responded that he would look into Winter
Park's situation and see if they have an ordinance for comparison.
Commissioner Beaver
• Informed the Commission that he is part of a group fighting
broadband telecommunication services forcing themselves into
commercial office buildings. He distributed information regarding a
proposed bill that would allow broadband services to remain free of
state and local regulations. He asked the Commission to read the
information and have City staff review it in order to dctcrmine if it
might have a negative impact on telecommunications in
municipalities.
t\nri12~. 20q~ RI;GUI,AR COI\I1~'IISSION NIEI~TING Paac lg
•:• Discussed an incident that occurred at Tideviews Park recently and
noted that it was not a reflection of random acts of violence in the
City. Nonetheless, he recommended pursuing the idea of setting up
a mobile home and police officer on the park property for security
purposes. Stated he would discuss the issue with the City Manager
and the Public Safety Director and bring back suggestions for the
Commission to consider.
Commissioner Simmons
• Suggested putting raised pavers or a decorative crosswalk in front of
the entrances to Howell Park on Sherry Drive and Seminole Road.
Remarked that this could help slow traffic a little and guide people
to the park from both sides.
• Discussed the issue of the magazine/news racks and asked if the
City could limit them to only one location in Town Center. City
Attorney Jensen responded that the City could limit the number per
location, but would need to allow multiple locations.
Commissioner Simmons stated a preference to have only one
location with many items at it rather than several locations with a
limited amount of items at each.
Commissioner Parsons
• Reported that the Commissioners signed a letter to Sandy Stranahan,
thanking her for her donation of the sea cow statue placed in Russell
' ~ Park. He noted that she modestly declined their invitation to have
her recognized at the meeting that evening.
` ' • Discussed the parking situation at the Adele Grage Cultural Center
and asked who is allowed to park in the area marked for `official
vehicles only'. Chief David Thompson responded that the area is
' " reserved as authorized parking only in order to ensure space for the
lifeguards.
' ' • Expressed concern that the beach renourishment was stopped due to
dredging rights being discontinued. City Manager Hanson clarified
that the project was stopped due to sand source issues and time
constraints because the contractor had committed to move on to
another job. Commissioner Parsons asked how the City could
prevent the situation from recurring. The City Manager noted that
he has been communicating with the parties involved in order to
work out the agreement to the best of their abilities.
April 2~. 2QOS REGULAR CONIiV1IS514N iV[EETING Pale 1)
Commissioner Waters
•:• Discussed incidents of rescue vehicles having difficulty finding
addresses due to the irregularity of the numbering on certain City
streets. He suggested that house numbers be regularized in those
areas. Discussion ensued regarding the scope of the problem and
the streets involved. Chief David Thompson noted the reasons that
residents are resistant to changing the house numbers. He
commented that police and fire personnel who have been working in
the City for a while are familiar with the addresses. He indicated
that he could bring back information on what would be involved in
` ` making the changes.
•:• Recommended planting willow trees in low marshy areas in order to
` ' absorb water and dry out the areas.
• Remarked that the old carpenter gothic church being given away by
' Beaches Chapel could make a good residence for park security in
one of the City parks.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:23 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk