MinutesMINUTES
. REGULAR CITY COMMISSION MEETING
October 24, 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 Cily 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. Approval of the minutes of the Regular Commission Meeting on
October 10, 2005.
Commissioner Waters asked that the names of the new officers of the
Friends of Atlantic Beach Elementary, introduced at the previous meeting,
be provided to the Commission.
Motion: Approve the minutes of the Regular Commission Meeting on
October 10, 2005 as written.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIRD
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Mayor Meserve noted that there would be a public hearing for Item 7A and
that anyone wishing to speak on that issue could wait until then to make
their comments.
Pat Pillmore, 995 Camelia Street, stated that she would address the
Tideviews rezoning issue (Item 7A) during its public hearing. She
discussed the issue of reducing the speed limit on Mayport Road and
indicated that she received a positive response from Councilman Art
Graham's office regarding this issue. She discussed the size of the
proposed median cuts on Mayport Road and expressed concern that they
October 24, 2005 REGULAR COMMISSION MEETING Paae 2
would be too small for a large car or for more than one car waiting to turn in
them.
Pouran Ashourian, introduced herself as the owner of American Storage
Inc. at 1770 Mayport Road. She stated that she has been located in
Atlantic Beach for 26 years and has over 600 customers. She spoke against
the proposed Mayport Road median project and indicated it would have a
negative impact on her business. She expressed concern with the
difficulties it would create for her customers making left-hand turns into or
out from her business. She suggested that the Commission give due
consideration to the substantial impact of this project on her business and
asked that they consider some minor revisions to the project that could
greatly reduce this negative impact. Ms. Ashourian noted that engineer,
Wayne Oehlman, was present at the meeting to discuss a recommended
alternative design for the improvements.
Wayne Oehlman, introduced himself as a professional engineer with
Transportation Planners-)engineers Inc., GG20 Southpoint Drive South,
Jacksonville. He stated that he was asked by Ms. Ashourian to speak on
her behalf. He referred the Commission to the handouts he gave them
regarding the proposed Mayport Road median project. He discussed an
aerial photo showing the location of American Storage within the project
area and a photo of Lem Turner Road. He expressed concern that the
proposal for the medians along Mayport Road would prohibit traffic from
turning left anywhere except at intersections. He discussed the negative and
unsafe impacts of the proposed plan and suggested a design similar to the
one illustrated at Lem Turner Road. Mr. Oehlman asked the Commission to
consider the businesses and their customers when providing guidance for
the project's design.
Stephen Kuti,1132 Linkside Drive, discussed the lack of information
provided to the public regarding Item 8D on the agenda and asked that its
discussion be deferred until the next Commission meeting.
Dorothy Kerber, 3G5 rirst Street, Atlantic Beach, discussed the clock
being proposed for the Five Points intersection. She believed that it was a
waste of money and would rather have the money put towards better and
safer lighting to assist pedestrians in the evening. She also discussed the
location of the mailbox. Ms. Kerber indicated that neither the proposed
location by the tennis courts, nor the current location on Plaza Road, are
good placements for the mailbox. She suggested placing the mailbox on the
grassy area in the parking lot behind City Hall. She asked the Commission
to consider the safety issues involved with both of the items she addressed.
Mayor Meserve acknowledged that the clock was his original suggestion
and discussed the functional and aesthetic reasons for installing the clock.
Kevin McLaughlin, 272 Camelia Street, thanked the City for responding
to his suggestion at the previous Commission meeting to increase police
October 24, 2005 REGULAR COMMISSION MELTING Paee 3
patrols in the Tideviews area. He indicated that he and his wife have
noticed more of a police presence in their neighborhood since the last
meeting.
Sally Clemens, 1638 Park Terrace West, discussed the resolution for the
City Attorney's contract approved at the last Commission meeting. She
believed that there were some good points made regarding the position and
she acknowledged that Alan Jensen is performing well as City Attorney.
She assumed the City Commission received Mr. Jensen's evaluation
performance record from Human Resources prior to making their decision.
She questioned the reasons behind the City hiring outside counsel for the
administration hearing for Johnston Island. She advised that the citizens
should be kept informed so that they can address concerns to their elected
officials.
Before proceeding to the next agenda item, Mayor Meserve addressed the
issue of the Mayport Road median project. He indicated that its proposal
originated from the need to resolve public safety issues involving
pedestrians, bicyclists, and automobiles in that area. He clarified the
discussion regarding FDOT recommendations on the speed limit of
Mayport Road and explained that the issue could be readdressed once the
current traffic issues have been examined and improved.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson reviewed his written report, which is attached
and made part of this official record as Attachment A. His report
addressed the following topics: a memorial plaque for the sculpture at Five
Points Intersection; the retention basin at the Buccaneer Wastewater
Treatment Plant; pedestrian crossing at the Mayport/Plaza Intersection; the
Jasmine Street retention pond; the kayak launch at Tideviews Preserve;
mosquitoes on Jordan Street; and cellular phone calls to 911.
Commissioner Parsons commented that mosquitoes have been bad all over
the City and that he often responds to citizens' complaints by suggesting
they call the City of Jacksonville in order to request more spraying in the
area.
Mayor Meserve commented that the Tideviews Preserve is surrounded by
beautiful filtering marshlands that contribute to maintaining a healthy
ecosystem in the area. He also believed that, rather than spending more
money on another plaque, one plaque per artwork is probably sufficient.
Commissioner Waters spoke in favor of placing a memorial plaque at the
sculpture and noted that it is not often that an artist dies so young. He
discussed his concerns with sandspurs in the Jasmine retention pond area
October 24, 2005 REGULAR COMMISSION MEETING Page 4
Consent Agenda
Committee Reports
and suggested using a weed and feed method to resolve the problem before
applying Round-up chemicals.
Commissioner Simmons addressed the sandspur situation and suggested
trying a different method rather than what has been discussed. She also
advised that children should not be playing around or in retention ponds and
believed the City should not be encouraging people to recreate in those
areas. Commissioner Simmons spoke against placing a memorial plaque on
a piece of artwork.
4. Consent Agenda
A. Acknowledge receipt of Monthly Building Department Report
for September 2005 (City Manager)
B. Accept Ring P~we:'s proposal to provide and install the two
generators at Water Plant #3 and the generator at Lift Station B
in the total amount of $87,361 using the pricing per JEA's
contract and authorize Brooks Limbaugh lalectric Co., Inc., the
City's existing annual contractor for I';lectrical Troubleshooting,
Repair and Installation, to perform the electrical installation at
their bid hourly rates in an amount not to exceed $10,000 (City
Manager)
C. Approve an increase of $G,418.00 for an annual CPI cost
adjustment to the First Vehicle Services contract for the period
12/1/05 through 11/30/06 (City Manager)
Motion: Approve Consent Agenda Items A through C as presented.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
5. Committee Reports
A. Appointment of an alternate member to the Code Inforcement
Board (Commissioner Simmons)
Commissioner Simmons stated that the Board Member Review Committee
recommended to first appoint Richard Ouellette to the alternate position on
the Code Enforcement Board.
Motion: To appoint Richard Ouellette to the position of alternate
member on the Code Rnforcement Board.
October 24, 2005 REGULAR COMMISSION MEETING Paec 5
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Action on Resolutions G. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-05-187, Public Hearing and Final Reading
tiN ORDINANCE OF THL CITI' OF ATLANTIC BEACH,
REZONING LANDS AS DESCRIBED HEREIN FROM
COMMERCIAL GENERAL (CG) TO RESIDENTIAL, SINGLE-
FAMILY (RS-1); PROVIDING FINDINGS OF FACT; PROVIDING
A SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only and opened the floor to a
public hearing. There were no comments made. The Mayor closed the
public hearing and brought the item before the Commission for discussion.
There was no discussion.
Motion: To annrove Ordinance No. 90-OS-187 on final reading.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Five Points Intersection -Clock, Irrigation & Lighting (City
Manager)
Rick Carper, Director of Public Works, displayed and discussed the options
being considered for the lighting and for a clock at the Five Points
Intersection. He reported that JEA has now stated that they can support the
use of alternate fixtures with Night Sky lighting on their poles. Mr. Carper
noted that JEA's option would be the cheapest and they would be able to
maintain the specific type of light fixtures as requested by the Commission.
October 24, 2005 REGULAR COMMISSION MEETING Pa c 6
1VIr. Carper reported that he and Commissioner Parsons have looked into
different clock options for the intersection. He discussed the details, costs
and prices involved with each clock and company presented. He added
that, after the staff report was submitted, the Fancy Street Light Company
offered the City an additional 10% discount if the clock is ordered by mid-
November.
Mr. Carper explained that the irrigation was not awarded with the original
bid due to insufficient funds in the budget al that lime. He stated that
sufficient funds have since been added and that staff recommends having
the irrigation system installed by the same contractor who was awarded the
bid and is currently working on the Five Points project.
Commissioner Waters supported the recommendation for JEA to install and
maintain'the lights. However, he expressed concerns about the clock and
discussed its visual appearance'to drivers and the possible effects it might
have on the flow of traffic at the intersection. Rick Carper responded by .
explaining the scale and functionality of the clock's size.
Motion: To accept the recommendations for authorizing the City
Manager to sign a change order to the contract with Callaway
Contracting, Inc. for installation of the irrigation svstem, to select TEA
to install and maintain the lighting svstem with the alternate Dark Skv
fixtures, and to select the Classic clock style from the Fancy Street
Light Company.
Moved by Parsons, seconded by Waters
Commissioner Parsons presented the details of the amount of research given
to selecting the clock style and spoke strongly in favor of adding a clock to
the intersection.
Commissioner Beaver spoke against the proposal for a clock•in the area and
did not believe it would be appropriate for the intersection. He asked that
the clock issue be separated from the motion on the floor and put to a
separate vote.
Commissioner Parsons withdrew his motion.
Motion: To accent the recommendations for authorizing the City
Manager to sign a change order to the contract with Callaway
Contracting, Inc. for installation of the irrigation svstem, and to select
JEA to install and maintain the lighting svstem with the alternate Dark
Skv fixtures.
Moved by Parsons, seconded by Beaver
Octohcr 24, 2005 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Commissioner Simmons thanked the City staff for their hard work and
efforts to find an energy efficient lighting system that would not create
more light pollution in the sky.
Motion: To install a Classic style clock at the Five Points Intersection.
Commissioner Waters asked for the location of another similar clock so that
he could look at it as an example of the style being proposed.
Commissioner Parsons referred him to the clock on the Selva Marina Golf
Course and noted that it has weathered very well.
Rick Carper and Commissioner Simmons provided information regarding
the proposed efficient lighting fixtures. They discussed the direction and
amount of light or glare that will be produced by these fixtures.
Due to safety concerns, Commissioner Simmons spoke against the idea of
having a clock at the Five Points intersection. She commented that the
nature of the intersection already requires drivers to be alert and
communicate with each other effectively and believed that the clock would
be an added distraction.
Commissioner Waters requested the item be deferred until the next meeting
in order to enable him time to look at the clock at Selva Marina's golf
course. Rick Carper noted that if the decision was not made before the next
meeting, the discount offered by the First Street Light company would not
be valid. Mayor Meserve recommended that the Commission proceed with
voting on the issue unless there was a motion to defer it.
Moved by Parsons, seconded by Meserve
Votes:
Aye: 3 -Parsons, Waters, Meserve
Nay: 2 -Beaver, Simmons
MOTION CARRIED
Pat Pillmore, 995 Camelia Street, asserted that she had indicated that she
wished to address the Tideviews Preserve zoning issue and that she missed
the opportunity to speak on the ordinance in Item 7A. Mayor Meserve
explained that the public hearing had been opened and closed already.
However, he granted her five minutes to address the issue.
Ms. Pillmore stated that she was still opposed to building a house on the
rezoned property due to concerns for public safety. She believed that the
buyer of the property would be placed in an unsafe situation. She asked if
Octohcr 24, 2005 REGULAR COMMISSION MEETING Paee 8
the City could put a small cabin or house, rather than a trailer, on the park
grounds without breaking the city rules. She asked if the City was looking
for an Atlantic Beach police officer to reside on the property.
B. Resurfacing Program for FY 2006 (City Manager)
In response to a complaint at the last meeting regarding the need to
resurface one of the City streets, City Manager IIanson believed it would be
good to review the system for choosing streets for resurfacing. Rick
Carper, Director of Public Safety, gave a quick overview of the process for
selecting which roads need maintenance. He distributed to the Commission
and discussed a map that showed which streets were evaluated. The map is
attached and made part of this official document as Attachment B.
He reported that the company, Eisman & Russo Consulting Engineers, was
asked to provide an analysis of the streets and to give a recommendation
and cost estimate for treatment of resurfacing. He discussed the cost and
budget for the proposed project. Mr. Carper suggested bidding all the
streets individually in order to determine which can be done within the
budgeted amount.
Commissioner Waters supported the system and suggested looking at some
other streets for the list next year. He asked for clarification of the Royal
Palms area. Mr. Carper responded and discussion ensued regarding the
various streets involved.
C. Court action for approval by Ferrellgas of abandoned
underground natural gas tanks in City rights-of--way in the
Royal Palms subdivision (City Attorney)
Rick Carper, Director of Public Works, presented the background and
history of the issue and displayed a map depicting where the buried tanks
are located. He noted that there were thirty-seven 1000-gallon tanks buried
in the Royal Palms subdivision. He indicated that City communications
with Ferrellgas requesting them to remove the tanks have thus far yielded
no results. The City found an acceptable alternate solution for two of the
tanks on Plaza Road in order to proceed with constructing the bike path.
Mr. Carper advised that the City's preference for the remaining 35 tanks is
to have them removed, however there has been no progress made from the
City's contact with Ferrellgas or its attorney. The City Manager noted that
if Ferrellgas does not get rid of the tanks, it would cost the City a lot of
money to either engineer around them or remove them.
City Attorney Alan Jensen stated that the franchise agreement under which
Ferrellgas is operating obligates and binds them to comply with the City's
request to remove the tanks for the safety and well-being of the public. He
indicated that there has been no response received from the company. The
Octohcr 24, 2005 REGULAR COMMISSION MEETING Pa e 9
City Attorney advised that, in order to avoid any delay with the land
improvements scheduled for that area, the City should file a lawsuit to order
them to remove the tanks at their expense.
Commissioner Parsons suggested that the City ensure that Ferrellgas is
responsible for the removal of any more tanks that might be found in the
future.
Motion: To authorize filing a lawsuit against h'errellgas seeking a court
girder requiring the removal of their abandoned underground tanks at
their expense.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -'Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Discussion and related action on the City Manager's
Compensation (Mayor)
Mayor Meserve noted that there was no informational material to be handed
out or given to the public regarding this item. He stated that public notice
was given at previous meetings that the Commission would be meeting with
the City Manager on an individual basis in order to discuss and evaluate his
performance with the City. Mayor Meserve indicated that he has found Mr.
Hanson to be responsive and knowledgeable about his job.
Motion: To authorize giving the City Manager a 4010 nay increase this
year.
Mayor Meserve congratulated the City Manager on a job well done and
noted that the raise is consistent with what is given to the rest of the City.
Commissioner Parsons commended the City Manager for doing an excellent
and admirable job for the City and for speaking well on behalf of the City.
Moved by Meserve, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
October 24, 2005 REGULAR COMMISSION MEETING Page 10
City Manager Jim Hanson summarized his written report, which is attached
and made part of this official record as Attachment C. The issues
addressed in his report were Hazardous Waste Collection Day and boats
anchored in the Intracoastal waterway.
He reported that a Hazardous Waste Collection Day has been scheduled for
Saturday, March 18, 2006. City Manager Hanson noted that the beaches
area holds the record for the largest number of people attending the event.
The City Manager was pleased to report that, after working with the
representatives of the Buckman estate, the boats anchored in the marsh area
within City limits were finally moved. He believed it would be advisable to
strengthen the City Code regarding this issue and indicated that the City
Attorney is working on some related language to bring back to the
Commission at a future meeting.
City Manager Hanson discussed the fuel surcharge that was approved for
the City's waste hauler by the Commission a couple months ago. He noted
that the approval required that the City Manager report when the fuel charge
exceeds 5% of the contract price. He reported that the fuel charge has
exceeded this limit in both August and September, and possibly will also
exceed the limit in October. He noted that the City hopes that the price of
fuel begins to decrease in the next month. The City Manager stated he will
provide information at the next Commission meeting regarding either a
renewal or a rebidding of the contract.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
City Attorney
• Reported that the City has received a request to add a Menorah
lighting to the Tree Lighting ceremony in Town Center. He made
reference to a United States Supreme Court decision from 1989 that
decided that the courts recognize the menorah as a secular symbol,
similar to the Christmas tree. He and the City Attorney for Neptune
Beach have discussed the matter and they both advised that the cities
should agree to this request.
• Expressed that he has enjoyed working with all three of the outgoing
commissioners and commended them on the good service they have
provided for the City.
Commissioner Waters
• Discussed the issue of derelict boats in the waterway and how they
are handled by the Florida Wildlife Commission. He asked that the
Octoher 24, 2005 REGULAR COMMISSION MEETING Page 11
' City determine the public and private boundaries of the Buckman
Trust area.
• Indicated that the sexual predator law in Jacksonville is under attack
and the City may need to review the law, depending on the outcome
of the situation.
• Noted that there was a free environmental workshop at the Adele
Grage Community Center that evening.
• Mentioned that the recreation center at Lake Butler is very
impressive and discussed its recent renovations. IIe suggested that
the City consider building a large recreation facility in the future for
the two areas in Atlantic Beach that currently lack this amenity.
•:• Addressed the issue of Publix moving to Neptune Beach and
advised the City to become involved in ensuring that its current
location not be allowed to sit vacant for a year after Publix moves.
• Believed that it was not very feasible to notify and receive
permission from the Parks and Recreation department when wanting
to launch a canoe or kayak at the Tideviews Preserve. He suggested
that the City find a better way to allow people access to this facility.
• Inquired if the free flu shots for city employees applied to the
Commissioners as well.
Mayor Meserve
• Stated that it has been a pleasure serving with everyone.
• Discussed the payday loan business and encouraged the new
Commission to consider passing legislation similar to the bill passed
by the City of Jacksonville which limits the effective rates allowed
for these loans to not exceed 36%.
Commissioner Simmons
• Thanked the outgoing Commission for being good team players.
• Announced that the Community Character workshop is Thursday
November 3, 6:OOpm-8:OOpm in the Commission Chambers.
• Commented on a front page Times Union newspaper article
regarding the fifty dirtiest waterways in northeast Florida.
Explained how this relates to concerns with stormwater runoff and
how it contributes to pollution in the streams and the St. Johns
River.
• Suggested that the City Clerk provide Elected Official handbooks to
the new mayor and commissioners.
Commissioner Beaver
• Stated it has been a privilege to serve the City and thanked his
family for allowing him the time to do so. He believed that the last
October 24, 2005 REGULAR COMMISSION MEETING Page 12
• six years have been the most productive for the City and was proud
to be able to work with City Manager Hanson and Mayor Meserve.
He spoke highly of the accomplishments made together by the
Commission.
Commissioner Parsons
• Recognized and commended each individual department head by
name and commended cach of them on the specific work they do for
the City. He thanked Jim Hanson for all his guidance and hard
work. He also thanked his family, the citizens of Atlantic Beach,
and his fellow commissioners.
Adjournment There being no further discussion, the Mayor declared the meeting was
• ~ •• - - adjourned at 8:46 p.m. ~ -
John Meserve; Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk