MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON TUESDAY, NNE 9, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: Jamc;s Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor, was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission meeting
of May 27, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of May 27, 2003 as presented.
The motion. carved unanimously.
2. Courtesy of the Floor to Visitors
A. Bill Wilson, representing Builders Care, anon-profit
organization of the Northeast Florida Builders Association,
providing construction services to low-income, elderly aad
special needs citizens
Bill Wilson, President of the Northeast Florida Builders Association,
explained that Builders Caze was the association's community service
initiative that allowed members to use their construction skills to provide
services to low-income, elderly citizens. He reported that the group had
made over 300 renovations during the past three yeazs.
Mr. Wilson requested the city's support to perform the Community
Development Biock Grant :Program funded housing rehabilitation
services for the city (Item SE).
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Bob Totter of 275 11`h Street
Mr. Totter commented on the following items: (1) Suggested that the
matter of voting districts be: placed on the October 2003 ballot, and (2)
Opposed the city pursuing the utility privatizing of Naval Station
Mayport and inquired as to the city's authority to buy something outside
of its city limits. He thought this matter was too speculative and would
not benefit the citizens of Atlantic Beach.
Alan Potter of 374 Second Street commented on the following items:
(1) Indicated the switchgears mentioned under Item 4B were 35 years
old, not 60 years old as indicated in the report and did not need to be
replaced, (2) Believed Item 8D - Phase A of the Hopkins Creek Basin
Retention Pond Project, if etpproved, would be a waste of money since
the problem could be resolved by unblocking the existing culvert, and (3)
Opposed Item 8B -Utility Privatization of Naval Station Mayport and
stated he believed the city lead no authority to purchase the Navy utility
system.
Steve McGuire of 32810`"' Street felt the Police Department report
relative to speeding on 10th Street was based on inaccurate information
and requested that the equipment be recalibrated, the speeding study
repeated and consideration given to installing speed bumps on 10th Street
based on the new information.
Chief Thompson stated that the Police Department had placed equipment
on the street to re-evaluate the speeding and the equipment had been
vandalized. He indicated I:hey were still working on a revised study.
Pat Pillmore of 995 Camelia Street stated the City of Jacksonville
would be considering the proposed land use change requested by
Wa1Mart for the property on Mayport Road the following day and
suggested residents attend the meeting to voice their opinion.
Don Remley of 1309 Violet Street noted that the silt removed during a
recent drainage ditch cleaning in Aquatic Gardens had been piled up
along the edge of the ditch and inquired if it should be hauled away.
Public Works Director Kosoy responded that the silt would be placed on
the edge of the ditch, and sodded to stabilize the ditch walls and prevent
collapsing.
Alan Dickinson, Developer of the North Beach Center on Atlantic
Boulevard, thanked the Commission for reconsidering his request for a
waiver from the sign regulations during the Workshop meeting
preceding the Commission Meeting.
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Curt Sanders of 2320 Barefoot Trace requested the Commissioners
consider passage of an ordinance, similar to the one recently passed by
the City of Jacksonvil]e, requiring helmets and protective padding for all
children under the age of seventeen who skateboard or in-line skate.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) Expressed displeasure v/ith the water being pumped on Sherry Drive
during construction, (2) Opposed construction of the Wa1Mart store on
Mayport Road, (3) Reminded the Commissioners of Rule #4 in the City
Charter for conduct of a meeting, (4) Reiterated his position that stop
signs placed along Sherry Drive would calm traffic and divert it to other
streets with signals on Atlantic Boulevard, (5) Reminded the
Commissioners of his suggestion to pass an ordinance requiring "both
hands on the steering wheel", (6) and opposed Item 8B -Utility
Privatization of Naval Station Mayport.
Sally Clemens of 1638 Park Terrace West stated she would like to
know each Commissioner's position on the land use change requested by
WalMart.
Kirk Farber of 331 10`~ Street, who was instrumental in getting the
petition signed requesting speed bumps on 10`" Street, stated he would
like the Commissioners to reconsider the request due to the on-going
safety issue for the fourteen children living on the street.
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report on issues from previous
meetings
City Manager Hanson reported on each item of his written report. The
City Manager's follow-up report is attached and made part of this
official record as Attachment A.
Beach Access Signs Oceanside
Commissioner Pazsons stated he would like to retract his previous
request to install street signs on the ocean-side at each beach access. He
also requested that the signs installed concerning dune protection be
removed from the top of the dunes. He suggested that the gazbage cans
located at the street ends be repainted to include the street names.
Hosting a Northeast Florida League of Cities Meeting
City Manager Hanson reported that meetings for the next several months
were booked, and the next meeting needing sponsorship was Mazch
2004.
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June 9, 2003
A brief discussion ensued and Commissioner Waters suggested the three
beach cities co-sponsor a future meeting. If that did not work out, he
requested that the City of Atlantic Beach sponsor the meeting. There
were no Commission objections.
B. Action on a request from Alan E. Dickinson for a waiver
from the sign regulations in conjunction with redevelopment
of a commercial property at 725 Atlantic Boulevard (North
Beach Center)
Mayor Meserve recapped the discussion at the Workshop and indicated
the Commission was recommending some minor modifications to the
sign ordinance that would provide options for Mr. Dickinson. Mayor
Meserve advised Mr. Dickinson to meet with Community Development
Director Doerr concerning the sinage for his project.
4. Consent Agenda
Commissioner Beaver requested that Item 4B be removed from the
Consent Agenda and Commissioner Borno requested that Items 4A
and 4C be removed from the Consent Agenda for discussion.
D. Authorize the Mayor to execute Interlocal Agreement
with amendments to Exhibit A, as previously adopted by
Resolution No. 03-04 (City Manager)
Motion: Approve Item 4D as presented.
There was no discussion acid the motion carried unanimously.
A. Acknowledge monthly reports: Occupational Licenses,
Public Works and Utility Departments (City Manager)
Commissioner Bomo noted under Item 3 comments listed in the
Public Works and Utility Departments report concerning standing
water that cannot be redirected without major work on Mayport
Road and inquired if something would be done about this problem.
Public Works Director Kosoy indicated that during the fmal
inspection, it was determined nothing could be done about the
problem without major work on Mayport Road. He indicated that
he had been monitoring the standing water after recent storms, and it
was not causing any significant problem at this time. Public Works
Director Kosoy further reported the road had been improperly
striped at the intersection, directing traffic into the wrong lane, and
he was working with the J'CA to get it conected.
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B. Authorize staff to purchase the Electrical Switchgear and
Supplies for Wastewater Treatment Plant No. 1 (Bid No.
0203-16) from Rexel Consolidated Electric Supply in the
amount of $33,390 (City Manager)
Utilities Director Kaluzniak explained that staffwas requesting
authorization to purchase the electrical switchgear and supplies for
Wastewater Treatment Plant No. 1 as part of a preventative
maintenance program. She indicated that much of the electrical
equipment was very old, in poor condition and some components
did not meet code. It was further reported that in an emergency
situation, parts would be difficult to obtain and she wanted to avoid
emergency outages of critic;a] equipment.
C. Acknowledge receipt of report on Animal Control
Enforcement/Complaints (City Manager)
Commissioner Bomo thanked Chief Thompson for the report and
inquired concerning the collection of unpaid citations. Chief
Thompson explained the past procedure and indicated they could be
pursued through appeazance before the city's Code Enforcement
Board.
Fines and penalties were discussed. Commissioner Waters believed
there should be stiffer penalties for unleased dogs. Chief Thompson
indicated he would look intro that section of the code and bring
options back to the Commission. Commissioner Parsons inquired
if the fines were adequate. Chief Thompson thought they were
adequate for first offenses.
Consent Agenda Items A-C were received and acknowledged as
presented.
5. Committee Reports:
Tree Board
Bazbaza Meazs, Chair of the Tree Boazd, updated the Commission
on the activities of the Tree Board as follows: (1) During the past
year the board reviewed thirty-three applications, (2) Conducted two
Special Called Meetings, (3) Created a simplified tree removal
application form, (4) Defined a tree barricade, (5) the Board was
currently working on a "Champion Tree" definition and list, (6) the
Boazd would like to recommend a list of three certified azborists for
use by residents, and (7) Commented that the Board would like to
arrange for tree barricade inspections to be done prior to footing
inspections.
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June 9, 2003
Commissioner Waters stated there was a flaw in the city's Tree
Ordinance, which allowed a property owner, after living in his home
for one year, to be able to cut down any tree on his property. He
stated the City of Jacksonville Beach's Tree Ordinance was written
to prevent this and suggested the Board look at their ordinance.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 57-03-21 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, REPEALING CERTAIN
SECTIONS OF CHAPTER 15, POLICE, ARTICLE II,
DISPOSITION OF CONFISCATED OR LOST
PROPERTY, OF'THE ATLANTIC BEACH CODE OF
ORDINANCES AND PROVIDING AN EFFECTIVE
DATE
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing. No one spoke and the Mayor closed the
public hearing.
It was pointed out that language was included in the ordinance to
provide that Florida State ,Statutes would govern the disposition of
confiscated or lost property.
Motion: Approve Ordinance No. 57-03-21 on final
reading.
There was no discussion and the motion carved unanimously.
B. Ordinance No. 70-03-15 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 19,
STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES OF THF. ATLANTIC BEACH CODE OF
ORDINANCES, TO REGULATE THE
INSTALLATION OF TRAFFIC CALMING DEVICES
AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing. Bob Totter of 275 11`n Street felt
"traffic safety hazazd area" should be defined in the ordinance. No
one else spoke and the Mayor closed the public hearing.
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June 9, 2003
Motion: Approve Ordinance No. 70-03-15 on final
reading.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 20-03-17 Introduction & First Reading
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC
BEACH, AMENDING CHAPTER 20, TAXATION,
AMENDING SECTION 20-59, SCHEDULE OF FEES,
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only and stated the
public hearing and final reading would take place on June 23, 2003.
Motion: Approve Ordinance No. 20-03-17 on first
reading.
Commissioner Waters inquired concerning calculation of the fees
listed in the ordinance. City Clerk King explained they were
rounded to the even lower figure for ease in computing any late
chazges.
There was no further discussion and the motion carved
unanimously.
D. Ordinance No. 20-•03-60 Introduction & First Reading
AN ORDINANCE', AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR'CHE FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003
Motion: Approve Ordinance No. 20-03-60 on first
reading.
Mayor Meserve read the ordinance by title only and stated the
public hearing and final reading would take place on June 23, 2003.
8. Miscellaneous Business:
A. Provide staff with direction regarding automatic removal
for absences and rotation of Chairmen of City Boards
and Committees
The Commissioners reviewed a resolution and draft ordinance,
establishing terms and terrn limits for the three boards and one
committee serving the city. City Manager Hanson noted that no
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June 9, 2003
limits were set on the length of time a person may serve as the Chair
of a board or committee.
Discussion of the revisions ensued and it was the consensus of the
Commissioners that language covering the following be
incorporated into the resolution and ordinance: (1) Consistent
language throughout the city code relative to terms and term limits,
(2) That staggered terms be defined by reference to years, (3) Three
unexcused absences at regularly scheduled meetings will result in
automatic removal from thE; boazd/committee, (4) The
boazd/committee will elect its own Chair, (5) The Chair maybe
reappointed to the position within the length of his term, and (6)
Clarification that a person may serve on a boazd/committee again,
after serving a full eight-year term (sit out one year and then request
reappointment).
The Mayor directed the City Manager to bring back an amended
resolution and ordinance to the June 23`d Commission Meeting for
further review.
B. Authorize the Mayor to sign the transmittal documents
and authorize staff to submit the Economic/Price
Proposal (Volume I) and Technical Proposal (Volume II)
for Utility Privatization of Naval Station Mayport (City
Manager)
Motion: Authorize the Mayor to sign the transmittal
documents and authorize staff to submit the
Economic/Price Proposal (Volume I) and Technical
Proposal (Volume II) for Utility Privatization of Naval
Station Mayport.
Commissioner Beaver stated that each Commissioner had met with
the City Manager and Utility Director Kaluzniak to go through the
proposal prepared by Gannett Flemming. He indicated that it was
thought that if the city won the contract, it would provide an
opportunity to bring additional revenue to the city by providing
water and sewer services to Naval Station Mayport.
Jeff Stamm of Gannett Fleming, presented an overview of the
Economic/Price and Technical Proposals being submitted to the
U.S. Navy.
The total purchase price for the base facilities, the annual operating
and maintenance costs, and the operating mazgin were reviewed in
detail. (A copy of the Economic/Price Proposal (Volume I) and the
Technical Proposal (Volume II) for the Utility Privatization of
Naval Station Mayport are on file in the Office of the City Clerk).
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Commissioner Waters inquired if taxpayer dollazs would be
expended to purchase the utility system. City Manager Hanson
indicated no tax dollazs would be spent.
Commissioner Bomo inquired concerning a timeline for the
privatization process. Mr. Stamm indicated the following: (1) 7
months for review by the Navy to amve at a short list of firms, (Z)
12 months for due diligence, (3) 6 months to make the final
selection of a contractor, acid (4) 6 months for the transition.
Mayor Meserve believed all necessary steps had been taken to
protect the city from risk by submitting a conservative proposal that
was fair and included the potential to bring revenues to the city. He
noted the city already provided water/sewer service to the Navy's
off-base housing.
Mayor Meserve also stated. that he could see a downside to the
transaction since the city would be bidding against other major
companies, including the Jacksonville Electric Authority (JEA). He
stated the city would be buying an old system built in the 1940's
when no records were kept., and no one really knew the condition of
the system. He believed the city might end up spending a great deal
of money and staff time to operate a system that provided only a
small amount of profit for the city. Mayor Meserve felt the city was
not competitive with its $8.10/1000 gallons proposed fee for water
and sewer service, and he would have to oppose going to the next
phase if the city was on thl; short list. He felt the city could not
compete with the (JEA) when it came to the bottom line figure.
Commissioner Borno agreed, but believed the city could walk away
if it would cost too much.
Commissioner Beaver suggested that workshops be held to discuss
the matter further if the city goes to the next phase.
There was no more discussion and the motion carved unanimously.
C. Authorize staff to negotiate a contract with Camp,
Dresser & McKee for an effluent copper mixing zone
study (RFP#0203-07); if a satisfactory price cannot be
agreed upon, authorize staff to negotiate with the second
most qualified firm, Key Solutions, Inc./Stone, Joca &
Mahoney (City Manager)
Motion: Authorize staff to negotiate a contract with
Camp, Dresser & McKee for an effluent copper mixing
zone study; if a satisfactory price cannot be agreed upon,
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authorize staff to negotiate with the second most
qualified firm, Key Solutions, Inc./Stone, Joca &
Mahoney.
Commissioner Borno referenced paragraph four of the staff report
and inquired concerning the cost of the study and budget for the
project. City Manager Hanson explained the budget and mixing
zone study requirements. 'Che Utility Director's staff report is
attached and made part of this official record as Attachment B.
Commissioner Waters inquired if the river could be used as the
mixing zone. Utility Director Kaluzniak responded that she was
confident the city could use the river as its mixing zone since others
up and downstream do so.
There was no more discussion and the motion carried unanimously.
D. Award a contract for Phase A of the Hopkins Creek
Basin Retention Pond Project to Camp, Dresser and
McKee in the amount of $42,022 (RFP#0203-04) (City
Manager)
Motion: Award a contract for Phase A of the Hopkins
Creek Basin Retention Pond Project to Camp, Dresser
and McKee in the amount of $42,022.
Mike Schmidt of Camp, Dresser and McKee was present to answer
questions.
Commissioner Parsons inquired if construction of the retention pond
would provide relief from flooding in the Aquatic Gazdens azea.
Mr. Schmidt indicated that the Phase A storage option would meet
environmental requirements, would provide protection from
flooding of the first floor of residences and would keep roads
passable.
Discussion of the site of the retention pond and the Hopkins Creek
drainage basin ensued.
There was no more discussion and the motion carried unanimously.
E. Authorize the City Manager to execute an agreement
with Builders Care in an amount not to exceed $20,000
for CDBG housing rehabilitation at 805 Bonita Road, 320
Dudley Street and 355 Skate Road; waive the bidding
requirements for this work in accordance with Section 2-
236(1) of the City Code (City Manager)
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Motion: Authorize the City Manager to execute an
agreement with Builders Care in an amount not to
exceed $25,000 for CDBG housing rehabilitation at 805
Bonita Road, 320 Dudley Street and 355 Skate Road;
waive the bidding requirements for this work in
accordance with Section 2-236(1) of the City Code.
Community Development Director Doerr indicated that the funding
had been increased to an amount not to exceed $25,000 due the
addition of the third home located at 355 Skate Road.
There was no discussion and the motion carried unanimously.
F. .Authorize the City Manager to sign the annual
Accounting and Retention Agreement with Blue Cross
Blue Shield of Florida (City Manager)
Motion: Authorize City Manager to sign the annual
Accounting and Retention Agreement with Blue Crass
:Blue Shield of Florida.
There was no discussion ar.d the motion carried unanimously.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
Taxable Value Increase
•:• The City Manager reported that the city's taxable value
increased approximately 11% from $830M to $918M, with
70% of the increase due to reappraisals and 30% from new
construction.
Pocket Park by the Flyover
• Recreation Director Johnson reported that the small
playground for the pazk would be installed with late August
as the completion date. Mr. Johnson indicated that $20,000
had been budgeted for the project. He reminded the
Commissioners that the park needed to be named.
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10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
• Stated he was very pleased with the effectiveness of the new
storm drainage installed so far in the Core City Project
• Inquired concerning a letter received from Dominick
Bisbano listing several code enforcement issues. City
Manager Hanson indicated Mr. Bisbano was not able to
attend this meeting and he had not included this matter as an
agenda item. No staff action regarding the issues listed in
Mr. Bisbano's letter was requested by the City Commission.
Commissioner Borno
• Reported there were seventeen turtle nests on the area
beaches.
~.• Inquired if the city could put the radaz sign on I0`h Street and
Chief Thompson responded that the radar unit did not belong
to the city, but he would look into it.
Commissioner Parsons
• Reported that BEAM (Beaches Emergency Assistance
Ministries) was in need of funding and requested
consideration of a }~eazly donation of $1,500 - $2,000.
Commissioner Waters
4. Opposed constmction of the Wa1Mart Super Center on
Mayport Road and stated he was opposed to rezoning
residential property for a commercial purpose. He suggested
the city adopt a resolution similar to the one recently adopted
by the City of Neptune Beach opposing the store.
Commissioner Parsons concurred. Commissioner Bomo
noted that the wetlands on the property needed to be
protected.
Commissioner Waters stated that he would meet with the
City Manager to draft the resolution and bring it back at the
next meeting.
:• Suggested the city adopt an ordinance requiring
skateboazders to weaz helmets.
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•: Reported that he haci requested staff to look into how repeat
code violators could. be handled through the Code
Enforcement Deparl:ment.
Mayor Meserve
• Reported he had bee;n appointed to the BRAC Committee to
study military base closures.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
10:20 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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