MinutesMINtTTES
REGULAR CITY COMMISSION lYIEETING
' May 23, 2005
CITY HALL, 800 SEMINOLE ROAD
Attendance ]N ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order(Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
Approval of Minutes 1. Approve minutes of the Regular Commission meeting of April
25, 2005 and minutes of the Regular Commission meeting of
• IVIay 9, 2005
Mayor Meserve explained that there were two sets of minutes to approve
due to the City's computer failure delaying the completion of the minutes
from Apri125, 2005.
Motion: To approve minutes of the Regular Commission meeting of
Apri125, 2005
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, IVleserve
Nay: 0
MOTION CARRIED
Motion: To approve minutes of the Regular Commission meeting of
May 9, 2005
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Niav 23.2005 R1;GULAR COlYii~IISSION NI1r1;TING Pa~c 2
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Presentation of Independent Auditor's Report by Purvis, Gray
& Company
Ron Whitesides, C.P.A., introduced himself and Steve Pratto, Staff Auditor,
as members of the Atlantic Beach audit team. He apologized for the late
delivery of the report and explained that the hurricanes of last year
presented internal challenges for his company that prevented them from
completing the reports by February or March, as normal. Mr. Whitesides
proceeded to review the highlighted items in the reports and indicated that
the report complied with all federal, state and local accounting
requirements.
Mr. Whitesides noted that his company audits the financial statements as
maintained and presented by the City. He stated that the auditors look for
accuracy in the figures, examine the internal controls used, and test for
compliancy with governmental standards. Mr. Whitesides stated that, in the
opinion of his company, the financial statements audited presented fairly
and he proceeded to briefly review the information in the report. He
pointed out that the Managements' Discussion and Analysis is a new
addition to the audit report and provides a good overview of the City's
activities during the audit period.
One of the items addressed by Mr. Whitesides was the utility fund, as seen
on the income statement in the report. He noted the utility fund is operating
at a slight loss and commented that his firm prefers to see municipalities
cover their depreciations. He reported that Atlantic Beach is very close to
that goal, and encouraged the City to strive for having its utility fund break
even in the future. He also discussed the City's Debt Service Coverage
ratio and advised that the Commission keep an eye on that figure since it
was only slightly higher than the required percentage. He also briefly
discussed the history and current status of the assets and projected liabilities
of the City's pension plans.
In closing, Mr. Whitesides noted that the report is very good and
commended the City staff at its job of maintaining the books and complying
with the regulatory provisions.
There were no questions or comments from the Commission. Mayor
Meserve thanked Mr. Whitesides and praised Nelson Van Liere, Finance
Director, for keeping the financial records in good order.
B. Presentation of Transportation Improvement Program by First
Coast Metropolitan Planning Organization
Mayor Meserve introduced Wanda Forrest, of the First Coast Metropolitan
Planning Organization, to present the Transportation Improvement
Program. Ms. Forrest reviewed the plan and noted that it is a five-year
N[av 23.205 REGULAR COMMISSION MEETING Pa c 3
program. She read through the projects listed in the supplement given to
the Commission and noted the years for construction of each. The
supplement plan is attached and made part of this official record as
Attachment A. '
Mayor Meserve expressed concern that every arterial road entering the
beaches will be under construction simultaneously. Ms. Forrest responded
that she will research the issue further and bring back information for the
Commission.
Commissioner Beaver asked if the new Intracoastal Waterway bridge being
constructed at Beach Boulevard will take three years for construction or if
the construction costs are being spread out over three years. Ms. Forrest
answered that the project is scheduled to be constructed between 2005 and
2008.
Commissioner Waters inquired if the improvements planned for the
intersection of Atlantic Boulevard and Kernan Boulevard included an
overpass. Ms. Forrest responded that currently the project entails studying
the location in order to determine what types of improvement would take
place.
Commissioner Waters asked why the Hodges Boulevard project is labeled
as an urban section. Ms. Forrest replied that it is categorized as compared
to a rural area. Commissioner Waters asked why the San Pablo intersection
was going to be only three lanes and, thus, mainly turn lanes. Ms. Forrest
referred to the fact that it is part of the DOT Work Plan and the Better
Jacksonville Plan's projects.
C. Courtesy of Floor to Visitors
Stephen Kuti,1132 Linkside Drive, discussed an article in the May lSa'
local newspaper which quoted a member of the Tree Conservation Board as
stating that a tree in a resident's yard belongs to everybody. Mr. Kuti stated
' that a tree on private property belongs to the owner alone. He suggested
preserving trees on private property by educating the public of the
importance of trees. He advised the Commission to consult the City
Attorney before changing the Tree Ordinance.
Patricia Hairston, 1360 Picarsa Drive, Jacksonville FL, identified
herself as President of the Pablo Point Civic Association. She stated her
opposition to the Comprehensive Plan Application 2005A-018, Resolution
OS-616. She advised the Commission that the application, submitted for an
81-acre multi-parcel change of the 2010 FLUM at the Intracoastal
waterway, would adversely affect Pablo Point, the coastal area, and
complicate the evacuation of the City. She asked the Commission to review
the maps she provided and asked that they not support the project. Ms.
Hairston discussed the project's threats to the environment affected, as well
Nlay 23, 2005 REGUi,AR CONINIISSION MEETING Pale 4
as to the marsh front property that would have condominiums built in front
of their homes, if the plan were approved.
Nlary Biliotti, Pablo, 469 Pablo Point Drive, Jacksonville FL, discussed
her opposition to the proposed Comprehensive Plan Amendment. Ms.
Billotti stated that she has lived on the Intracoastal waterway for 23 years
and does not want a condominium in her backyard. She indicated that
Atlantic Beach's evacuation plan would suffer if the project were approved.
' She discussed current problems with hurricane evacuation in her area and
commented that the proposal would add more complications. She advised
the Commission to look into all the information regarding the proposed
' development. She identified herself as a National Wildlife Federation
Backyard Wildlife Habitat owner who does not want condominiums
interfering with her view of wildlife. She distributed a copy of the
information presented and her certification.
J•P.1Vlarchioli, 414 Sherry Drive, discussed the plans for the Five Point
Intersection and noted that its rendering is not drawn to scale. He believed
that Seminole Road traffic would back up without aright-turn lane being
included. He expressed concern that no traffic count was done for the
access roads leading to the intersection. Mr. Marchioli indicated that if the
City wants to claim rights over trees on private property, it must then
assume responsibility for any damages caused by those trees. He also
commented on the following issues: 1) lack of funds for the Tree Board; 2)
chemicals affecting roots in sewers and resulting in loss of foliage; 3)
arborists should be provided by the City to consult with property owners
regarding tree situations; 4) lack of eyeglasses service in Atlantic Beach; 5)
suggestion for street numbering situation; 6) never received invitation for
skate park opening; 7) yield signs should be place at crosswalks.
Valerie Britt, 378 Tilefish Court, Jacksonville FL, provided anine-page
letter giving an overview of her concerns regarding the proposed
Jacksonville Comp Plan amendment and also a map showing the area of
most concern to her and other residents. She also distributed the latest
transportation plan review and noted that if the amendment were adopted,
the level of service on the Atlantic Boulevard evacuation route would not be
maintained. Ms. Britt presented her reasons for addressing this issue even
though it is out of the Atlantic Beach jurisdiction. She stated that the
neighboring municipalities have the opportunity to comment on the
amendment if they so chose. She discussed the plan's effect on the
hurricane evacuation routes and on the sensitive conservation areas
involved. She addressed the concerns of preserving the existing
established rights versus creating new development rights and higher
density in the coastal high hazard area. She asked the Commission to
review her comments.
Unfinished Business 3. Unfinished Business from Previous Meetinb
from Previous Meeting
May 23.2005 RE('TULAR CO~INIISSION MEETING Page 5
A. City Manager's Follow-up Report
City Manager Hanson discussed a request at the last meeting to put in a
right-turn lane on Seminole Road at the Five Paints Intersection. He
referenced a letter from Laura Phillips, Project Engineer for HDR
Engineering, addressing the suggested turn lane. The letter is attached and
made part of this official record as, Attachment B. City Manager Hanson
quoted portions of the letter that stated the company did not recommend the
addition of the proposed turn lane at this time. Specifically, HDR
Engineering indicated that the addition of the turn lane could result in
greater confusion and adversely impact the safety at the intersection and
would negatively impact the groperty owner at that location.
City Manager Hanson gave afollow-up report on the new skate park. He
reported that, since its opening, the City has processed 269 waiver forms
from parents allowing their children to use the park and he gave the
breakdown of the numbers by area cities. Commissioner Waters
commended the City on Russell Park, in general, and the amount of
community activity that takes place there.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Building Department Monthly Report
for Apri12005 (City Manager)
B. Authorize the Mayor to sign the Application for Revenue
Sharing 2005-2006 (City Manager)
Motion: To anUrove Consent Agenda Items as presented.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons,•Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None
Action on Resolutions 6. Action on Resolutions
None
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 58-OS-31, Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, AMENDING DIVISION
IV, POLICE OFFICER'S RETIREMENT SYSTEM, SECTION 2-
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310.27 MEMBER CONTRIBUTIONS TO PROVIDE FOR
SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only. He explained that this '
ordinance primarily addresses a 1% raise in the police employee pension
contribution rate and has already been discussed during union negotiations.
11~Iotion: To approve Ordinance No. 58-OS-31 on first reading.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Property Exchange at Wastewater Plant No. 2 (City Manager)
Motion: To authorize staff to proceed with investigating and preparing
' the necessary documents for the property exchange.
City Manager Hanson presented the background of the property and showed
' pictures of the area being discussed. He stated that the property owner and
the City would both find it advantageous to exchange properties and
discussed the reasons for the proposal. He noted that the City would need
to acquire an appraisal of each parcel and, according to the City Attorney,
would need to pass an ordinance in order to accomplish the property swap.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Approval of Police union contract for the period October 1, 2004
through September 30, 2007 (City Manager)
No discussion
Motion: To approve the FOP Union contract for the period October 1.
2004 through September 30, 2007.
Mav 23, 2oQ5 REGULAR CONINiiSSION MEETING Pane 7
Moved by Beaver, seconded by Waters
Votes:
" ' Aye: 5 -Beaver, Parsons, Simmons, Waters, iVleserve
Nay: 0
1yIOTION CARRIED
C. Request by Prosser Hallock Planners and Engineers, on behalf
of Bridge Tenders, LLC, to waive the 365-day time period to
permit the City Commission to take action prior to November 8,
2005, following denial of the previously requested change in
Zoning District Classification for Johnston Island (City
IVlanager)
Sonya Doerr, Director of Planning and Zoning, reported that staff did not
find substantial changes in the new proposal as compared to the original
application. Ms. Doerr's staff report is attached and made part of this
official record as Attachment C. She indicated that the 365-day time limit
could not be waived without changing the ordinance and staff did not
recommend changing the ordinance for this specific application alone.
City Attorney Alan Jensen referred to Section 24-62 of the Atlantic Beach
Code of Ordinances that states if someone applies for basically the same
proposal on the same property, the City cannot take any action unti1365
days from the previous denial. He advised that the City can make the
determination of whether or not the new application is substantially
different from the previous one.
Motion: To deny the request by Prosser Hallock Planners and
Engineers for the Commission to take action on the new proposal from
Bridge Tenders Developers, L.L.C. prior to the 365-day time limit
Commissioner Waters indicated that when the plan is brought back before
the Commission, he would like to see more details on the proposed size of
units and proportion of land being used before voting on the plan.
Mayor Meserve noted that, based on advice from the City Attorney, it was
the consensus of the Commission not to change the City ordinance for an
individual situation. Thus, the Mayor directed the discussion back to the
question of whether the Commission finds substantial changes in the new
application that validate taking action on the proposal.
Paul Harden, the attorney representing Bridge Tenders, L.L.C.,
clarified his client's request asking the Commission to consider the new
plan as substantially different from the original application. He described
the settlement attained with the three citizen petitioners and briefly itemized
' ~ the substantial changes being proposed as a result of that settlement. He
discussed the Future Land Use Management amendment change and its
inconsistency with the current zoning of the area being discussed.
N[av 23, 2005 REGULAR CONIN'IiSSION NIEETING Pa~c R
Commissioner Beaver indicated that the proposed development's 21-unit
and 35-foot height limits are the same terms as presented in the original
plan, and thus do not reflect any substantial changes. He also pointed out
that the petitioners who settled with the developer were not litigating on
' behalf of the City of Atlantic Beach.
The Mayor called for a roll call vote.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
The Mayor noted that the request was denied and that the developer can
bring the proposal back before the Commission again in November.
D. Justice Assistance Grant II (City 1Vlanager)
This item was acted on in conjunction with Item E.
E. Federal Equity Sharing Agreement (City Manager)
This item was acted on in conjunction with Item D.
Motion: To authorize the Mavor to sign the related paperwork for the
application and the paperwork related to the TAG II and to authorize
the Mavor to sign the Federal Equity Sharing Agreement on behalf of
the City of Atlantic Beach.
Mayor Meserve commended Chief David Thompson, Public Safety
Director, on his work at successfully finding grants for the City for a
' ~ number of years. He noted that this has resulted in improving the
equipment and training in the Police Department, thus increasing the safety
of the City.
.. City Manager asked Chief Thompson to explain the two Justice Assistance
Grants awarded to the City of Atlantic Beach. Chief Thompson informed
' the Commission that the first grant awarded $72,000 towards the Crime
Suppression Unit and the second grant provided $65,000 towards
purchasing and implementing a Computer Aided Dispatch (CAD) system.
He noted that his department is pursuing and anticipating a number of
.. additional grants resulting in the Public Safety Department acquiring a total
of over $300,000 in funds to be added to the budget. He thanked his staff
for their assistance with these projects.
Niav 23, 2005 REGULAR CONINIISSION MEETING Page 9
Mayor Meserve clarified that Items D and E were combined in the one
motion, authorizing him to sign paperwork for the Justice Assistance Grant
and for the Federal Equity Sharing Agreement.
Chief Thompson explained the Federal Equity Sharing agreement. He
noted that it allows the City to share the assets of federal forfeiture funds
from seized property as a result of federal investigations.
Moved by Simmons, seconded by Beaver
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 reported that the Beach Renourishment project is
about to begin and asked Rick Carper, Director of Public Works, to present
information regarding this topic.
Mr. Carper indicated that Kevin Bodge, of Olsen and Associates, will give
an overview and status of the project at the next Commission meeting. Rick
Carper gave a.brief history of the' issue and pointed out that it has been ten
years since Atlantic Beach had its beaches renourished. He showed a map
indicating the areas involved with the project and noted that the borrowed
sand will be acquired nine miles offshore. He also presented a graph
showing the distribution of the sand in areas being renourished. Mr. Carper
reported that over 400,000 cubic yards of sand will be used in Atlantic
Beach and that the project will be funded by federal, state, and local
resources.
He reviewed the project's schedule, noting that the contract should be
awarded in late May. Mr. Carper indicated that the beach renourishment
should begin in late June or early July and they expect it to be completed in
40-60 days. He emphasized that the operations for the project will be on a
continuous basis, 24 hours, 7 days a week, at a rate of 300 feet of beach per
day. He advised the Commission that the project will be noisy and will
involve closing the beach accesses.
Commissioner Beaver recommended placing an article in the Tideviews
newsletter, in order to inform the public on the process involved. Mr.
Carper indicated that information would also be distributed with the City
utility bills.
Commissioner Simmons inquired where the sand will be placed on the
beach and whether there will be a valley between the old dune and the new
Niav 23.2Q05 REGULAR CONINIISSION NIEF,TING Pale 10
sand. Mr. Carper responded that Mr. Bodge will show across-section of
the project during his presentation at the next meeting. Commissioner
Simmons discussed the issue of planting sea oats. Mr. Carper noted that
they plan on including some type of stabilization planting in the project
area.
Commissioner Parsons asked if the Army Corps of Engineers agreed upon
the volume of sand and asked if anyone discussed the idea of acquiring sand
from the Nassau County area. Mr. Carper responded that there are
numerous environmental issues associated with using sand from that area.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Beaver
• Asked if a decision was made to eliminate the turn-lane from the
Five Point Intersection improvements. The City Manager clarified
that the northbound turn lane from Seminole to Sherry would still be
included in the plans.
• Expressed appreciation for a letter received from a resident,
complimenting the performance of the City's Police Department
while handling an incident in their neighborhood.
• Reported that his wife's recovery is progressing very well and
thanked everyone for their thoughts and prayers.
Commissioner Simmons
• Announced that the time and date for the public meeting regarding
Community Character of the City has been set for Tuesday, June 14,
7:00-9:OOpm at Atlantic Beach Elementary school. She indicated
that it would be a citizen start-up workshop and stressed its
importance to the City's process of educating and sharing
information with its citizens.
• Questioned the placement of the oak trees in the Five Points
Intersection plans. She expressed concern with the new turn lane
being placed north of the oaks. Rick Carper, Director of Public
Works, explained that the turn lane is located just barely south of the
existing trees.
• Commissioner Beaver expressed concern with the project cutting
' through the oak tree roots and asked that the City ensure the
procedure is done properly.
Nlay 23, 2005 REGULAR COMMISSION 1LIEETING Pale lI
Commissioner Parsons
•:• Asked if the City of Atlantic Beach has ever given any money to
Dial-A-Ride and suggested researching what other cities have
contributed.
• Commented on the location of the Celestial Moon-A-Tee location
and noted that the kids using the park enjoy having the statue there.
Commissioner Waters
• Commented on the auditor's report that the utility fund was losing
revenue and inquired if the septic tank conversions will increase
revenues in utilities. City Manager Hanson confirmed that
information and reported that the City expects 163 residents to
eventually convert to City sewer.
• Expressed the need for the Commission to discuss the concerns of
the Pablo Point residents and the effects of the proposed
development across the waterway from the City. Asked for the City
to acquire more information on the situation and its affect on the
City. Mayor Meserve recommended following the situation as it
progresses and then reviewing the results and impacts it might bring
to the City.
• Discussed a complaint he received regarding skateboarders in Bull
Park.
• Inquired about a news report regarding a murder in Atlantic Beach.
Chief Dave Thompson presented. the basic information on the
homicide that occurred on Francis Avenue early that morning.
Adjournment There being no further discussion, the Mayor declared the meeting was
adjourned at 8:50 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk