Minutes - 01-14-02MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMIDiOLE ROAD AT
7:15 P.M. ON MONDAY, JANUARY 14, 2002
PRESENT: John Meserve, Mayor
Mike Borno
Paul Pazsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
ABSENT: Richard Beaver, Mayor Pro Tem
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 the minutes of the Regular Commission meeting of
December 10, 2001.
Motion: Approve the minutes of the Regular Commission
Meeting of December 10, 2001 as presented.
The motion carried unanimously..
2. Courtesy of the Floor to Visitors:
Alan Potter of 374 Second Street felt that the redesign and construction
engineering services for the aerated sludge holding tank at Wastewater
Treatment Plant No. 2 (Item 8E) should have been included in the original
redesign fee chazged by Eder and Associates.
Mr. Potter also believed that an excessive amount of time was being taken.
to complete the Sherry Drive reconstruction project and felt the new
completion date of Mazch 31st should be investigated.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson briefly reviewed each item of his written report;
which is attached and made part of this official record as Attachment A .
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January 14, 2002
During the review of the report, discussion ensued concerning increasing
the frequency of yard trash collection from once a week to twice a week.
Commissioner Parsons felt the added cost of $1.86 per month per
residence was very reasonable and indicated that many citizens had
contacted him concerning providing twice a week service.
Following brief discussion it was the consensus of the Commission to
conduct the. survey and bring the results back to the City Commission at a
future meeting.
In addition to the City Manager's written report, Utility Director
Kaluzniak gave a status report on the connection schedule for the new
water main on Sherry Drive. It was reported that the connections would
be made during nighttime hours and boil water notices delivered to each
residence.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from
Occupational License, Public Works, Recreation and
Utility Sales Departments (City Manager)
Mayor Meserve requested that Consent Agenda Item B be removed
from the Consent Agenda for further discussion.
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
B. Award a contract to Milestone-Carlo in the amount of
$317,472.60 for paving, drainage, water and sewer
improvements of the Selva Marina Streets pursuant to the
specifications of Bid No. 0102-1 (City Manager)
Motion: Award a contract to Milestone-Carlo in the
amount of $317,472.60 for paving, drainage, water and
sewer improvements of the Selva Marina Streets pursuant
to the specifications of Bid No.-0102-1.
Commissioner Borno requested that the previously discussed cost
ratio of 60-40% be maintained so that the homeowners could share in
the savings. It was the consensus of the Commission that the ratio be
maintained.
Commissioner Waters suggested that the city contact Milestone-Carlo
concerning paving of Dewees Avenue (Item 8C) at the same cost.
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January 14, 2002
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There. was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 45-O1-16 Public Hearing and Final 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; AND
PROVIDINGAN EFFECTIVE DATE
Motion: Adopt Ordinance 45-01-16 on final reading.
Mayor Meserve opened the public hearing and called for comments
from those present. No one spoke for or against the proposed
ordinance, and the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 80-O1-64 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 22,
UTILITIES, ARTICLE I, IN GENERAL, SECTION 22-3
VOLUNTARY COLLECTION PROGRAM/TRUST
FUND TO ASSIST NEEDY WITH UTILITY BILLS,
CHANGING REQUIREMENTS ON THE CONTRACT
FOR SERVICES; AMENDING SECTION 22-4,
AUTHORITY TO ADNST CHARGES IN
APPROPRIATE CASES, ADDING PROVISIONS. TO
EXTEND DUE DATES AND WAIVE PENALTY
CHARGES IN APPROPRIATE CASES UNDER
CERTAIN CIRCUMSTANCES, AND PROVIDING AN
EFFECTIVE DATE
Motion: Adopt Ordinance No. 80-Oi-64 on final reading.
Commissioner Waters requested clarification of Section 22-4 (c). City
Manager Hanson explained the due date extension covered by the
section. Commissioner Waters felt staff should have the flexibility to
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January 14, 2002
extend the cut-off date. He also felt the ordinance should be
retroactive six months to further assist those customers who
demonstrated a hardship.
Mayor Meserve requested that Finance Director VanLiere provide a
six months follow-up report to the Commission on the outcome of
implemehting the ordinance.
There was no further discussion and the motion carried unanimously.
C. Ordinance No. 90-02-171 Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
REZONING LANDS AS DESCRIBED HEREINAFTER
FROM THE PRESENT ZONING CLASSIFICATION OF
OPEN RURAL (OR) TO SPECIAL PURPOSE (SP);
MAHING FINDINGS OF FACT; PROVIDING FOR
SPECIAL CONDITIONS; REQUIRING
RECORDATION; AND PROVIDING AN EFFECTIVE
DATE
Motion: Defer action on Ordinance No. 90-02-171 to
consider issues raised by the attorney representing radio
station WQOP.
Mayor Meserve indicated that he would like to discuss the issues
raised by Steve Diebenow, Attorney for radio station WQOP, before
adopting the rezoning ordinance. Mr. Diebenow's letter dated
January 7, 2002, is attached and made part of this official record as
Attachment B.
Commissioner Waters indicated that he was concerned with signage
and allowable building heights for the site. He felt a 35' building and
large sign would obstruct the view of the marsh.
Mayor Meserve opened the public hearing. Mr. Diebenow provided
the Commissioners with his telephone number and indicated that he
would be happy to discuss any of the proposed changes to the
ordinance with them. No one else spoke, and the Mayor closed the
public hearing.
There was no more discussion and the motion carried unanimously.
D. Ordinance No. 10-02-21 Introduciion and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA AMENDING THE CODE OF
ORDINANCES CHAPTER 3, ALCOHOLIC
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January 14, 2002
BEVERAGES, SEC. 3-2 HOURS OF SALE, AND
PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. 10-02-21 on first
reading.
Mayor Meserve briefly explained the ordinance and indicated that the
final reading and public hearing would be held January 28; 2002.
Commissioner Borno indicated he did feel the change was needed.
Commissioner Parsons indicated that Ragtime and Sea Turtle
restaurants had requested the change to conform with the City of
Neptune Beach's Sunday hours of sale. He reported that the
restaurants felt they were losing business because of the city's more
restrictive ordinance.
There was no further discussion and the motion carried by a three to
one vote with Mayor Meserve and Commissioners Waters and
Parsons voting aye and Commissioner Borno voting nay.
8. Miscellaneous Business:
A. Approval of Final Plat for Hidden Paradise Subdivision
Community Development Director Doerr explained that the applicant
had agreed to make the final revision to the plat and extend the fifty
(50) footright-of--way on Laurel Way to West 14~' Street. The
change will be made prior to recording the plat.
Motion: Approve and accept the final plat for Hidden
Paradise Subdivision subject to the above listed change
and authorize the Mayor to sign the document for
recording.
Community Development Director Doerr noted for the record that the
plat was a replat of a portion of the Section H subdivision.
Commissioner Waters felt the subdivision would be a great asset to
the city.
There was no further discussion and the motion carried unanimously.
B. Appeal filed by Michael Dunlap, of the denial of a variance
by the Community Development Board for property
located at 41 Sixth Street (City Manager)
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Mayor Meserve requested an opinion from City Attorney Jensen
concerning the legality of the Community Development Board action in
denying the variance request. Mayor Meserve indicated that the only
reason the Commission could hear the appeal would be if the Community
Development Board took illegal action in denying the request.
City Attorney Jensen indicated that the ordinance required that a duly
verified petition be presented to the Commission setting forth that the
decision of the Community Development Board was illegal in whole or in
part, and must state the grounds of the illegality.
Discussion ensued concerning the basis for the appeal, which was based
on confusion over whether or not the subject property should be
considered a "corner lot".
City Attorney Jensen advised that the Commission could hear the appeal,
but if the Commission determined that it was not properly presented
because it was not a verified petition, the Commission could. deny the
appeal on those grounds. However, City Attorney Jensen further advised
that if the Commission wished to address the merits of the appeal; the
Commission could proceed with the hearing.
In presenting his appeal, Mr. Dunlap questioned the procedure followed at
the Community Development Board meeting and indicated that the
Chairman of the Board had caused confirsion when he indicated that the
property was considered to be a comer lot. Mr: Dunlap felt this created a
legal error since there was no basis for the lot to be considered a corner
lot, and the Board may have denied the variance based on this
misinformation and confusion over whether the five foot setback or the
fifteen foot setback for a comer lot should prevail.
Discussion ensued. Commissioner Waters pointed out that at one time the
beach was considered a street and was called "The Strand". He believed
that the property should be considered a corner lot.
Motion: Send the request back to the Community
Development Board for clarification of the circumstances
surrounding the denial of the variance request.
Mr. Dunlap indicated that he did not wish to reappear before the
Community Development Board, and requested that the Commission
decide based on the merits of his appeal.
Further discussion ensued and the motion and second were withdrawn.
Motion: Uphold the decision of the Community Development
Board and deny the appeal based on the fact that it did not
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meet the legal criteria for an appeal of a Community
Development Board decision.
Commissioner Waters concurred with the decision of the Community
Development Board to deny the variance request, and indicated there was
no merit for the appeal based on the legality of the denial.
Mayor Meserve also felt there was no evidence that the Community
Development Boazd acted illegally in making their decision.
Commissioner Waters requested that a decision be made as to whether or
not the beach should be considered a road. He felt the beach was still
being treated as a road and a discussion should be held to determine the
ramifications of this consideration.
Community Development Director Doerr indicated that there was no
current interpretation in the zoning ordinance that would consider the
oceanfront lots adjacent to the beach access rights-of--way to be corner
lots. She further indicated that if it was the intention of the Commission
to consider them as such, the current regulations would have to be -
amended.
Commissioner Borno felt that in the past it had been presumed the lots
were corner lots, but the actual written ordinance did not support this. He
felt that if it was an issue worth changing, then staff should address this
issue.
Community Development Director Doerr pointed out that the side yazd
setback requirements would have to be changed from five to fifteen feet if
they were considered to be corner lots.
Discussion ensued concerning the interpretation of "through lots" and
"double frontage lots." After fisher discussion, Community
Development Director Doerr requested Commission direcfion in this
matter and specifically inquired if the language in the code should be
amended to eliminate interpretation of how the lots aze to be treated.
Mayor Meserve requested that Community Development Director Doerr
bring back a "reminder" of what was just passed in the new zoning code,
and if the Commission felt that the code should be amended, direction
would be given at that time.
There was no further discussion and the motion carried. unanimously.
C. Action on a request filed by Kelly Elmore for
improvements to the Dewees Avenue area (City Manager)
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Motion: Defer action on the request, allow Mr. Elmore to
speak and schedule a public meeting to receive input from the
residents of the area affected by the request.
Mr. Elmore reviewed his proposal with the Commission using a
Powerpoint presentation to emphasize the areas of improvement.
Commissioner Waters felt that part of the charm of the area was its tree
canopy and expressed concern that if the city gave the abandoned right-of-
way to adjacent property owners, the trees might be cut down.
A brief discussion ensued concerning the condition of the streets.
Gerald Vermey of 65 Shell Street stated that he enjoyed the quaint and
charming azea and wished to maintain the trees and unpaved roads. He
felt the road should be crowned and the potholes eliminated. He also felt
that the name "Marvin's Gazden" should be maintained for the proposed
park.
Barbara Mears of 1604 Coquina Place stated that she also enjoyed the
tree canopy and unpaved roads. She indicated that she would like to see
the road improved, but not paved with asphalt. Ms. Mears also
commented that all of her neighbors on Shell Street and the residents of
the condominium brought their garbage to Coquina Place for pick up.
Bill Permenter of 78 Dewees Avenue supported road improvements and
indicated that he would like to participate in a public meeting .
Sandra Martin of 44 Dewees Avenue stated that she supported the
improvements, but did not want the street to be thirty feet wide.
Mayor Meserve expressed concern for giving away right-of-way, and
stated he did not want to set a precedent by doing so. Other issues
mentioned were possible access problems if part of the right-of--way was
made into a pazk, and property liability.
Discussion ensued concerning scheduling a meeting for public input on
the proposal, similaz to the Selva Marina Streets Committee.
There was no more discussion and the motion carried unanimously.
D. Approval of the restructuring of the Public Ufilities
Department, including funding of position reclassifications
and/or upgrades (City Manager)
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7anuary 14, 2002
Motion: Approve the restructuring of the Public Utilities
Department, including funding of position reclassifications
and/or upgrades as recommended.
Commissioner Borno supported the restructuring and felt it was important
for the plant operators to be cross-trained.
There was no discussion and the motion carried unanimously.
E. Award contract to Gannett Fleming, Inc. in the amount of
$30,066 for the redesign and construction engineering services
for the aerated sludge holding tank at Wastewater Treatment
Plant No. 2 and authorize the City Manager to sign the
contract (City Manager)
Motion: Award contract to Gannett Fleming, Inc. in the
amount of $30,066 for the redesign and construction
engineering services for the aerated sludge holding tank at
Wastewater Treatment Plant No. 2 and authorize the City
Manager to sign the contract..
Commissioner Waters inquired as to the necessity of redesigning the
aerated sludge holding tank. Utility Director Kaluzniak provided
background information as listed in her Staff Report, which is attached
and made part of this official record as Attachment C.
Tank maintenance was discussed. John Dockery of Gannett Fleming
explained that the two tanks to be replaced had expended their useful life.
He indicated that the replacement tanks would be constructed in bolted
sections, which would allow for replacement/repair of asection, as
opposed to the whole tank, and would have a useful life of twenty years.
There was no more discussion and the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson summarized his written report (Attachment D)
and updated the Commissioners on the following item(s):
Reported that a Change Order in the amount of $8,362 had
been issued for the Sherry Drive Reconstruction Project to
move the new force main due to a conflict with a storm drain.
Payment will come from the contingency for the project.
• Reported that due to the termination of the Jaycee bus stop
bench agreement, sixteen (16) benches at a cost of $400 per
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January 14, 2002
bench would be ordered to replace the current bus stop
benches.
• Reported that the city would not be receiving any recycling
grant money from the City of Jacksonville this year and
indicted that the $6,500 for replacement recycle bins would be
included in the mid-yeaz budget adjustment.
Reported that a Hazardous Waste Collection Day would be
held in the parking lot at City Hall on Saturday, Mazch 16,
2002.
10.
Reports and/or requests from City Commissioners and
City Attorney
Commissioner Parsons
• Reported that he would like to project progress signs to be
erected at major projects.
Commissioner Waters
• Referenced the second and third paragraphs on page one of
Ordinance No. 90-02-171 (Rezoning of the WQOP Queen of
Peace Radio Station property) and indicated that he disagreed
with the language of those paragraphs.
Referenced a letter he had received concerning paint
specifications in the bid to repair and paint elevated water tank
No. 1, and inquired regarding the bid specifications mentioned
in the letter: City Manager Hanson explained the city hired a
consultant who put together the specifications for the paint to
be used on the tank. It was further explained that this was
done in order to avoid problems experienced in the past
regazding which paints met the required specifications.
Utility Director Kaluzniak indicated that all paint must meet
specifications set forth by the EPA, NACE and ASTM. She
indicated that it was a complicated process to make sure each.
type of paint met the three requirements.
• Referenced a letter received from Richard Valerian, 1164
Linkside Drive, concerning light shining from the water
treatment plant on their home and asked if something could be
done to alleviate the problem.
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Utility Director Kaluzniak explained that the lights had been
fumed off, but after September 11, 2001, they were turned
back on for security purposes, as recommended by the
Federal Government. She indicated that the lights were
shielded and mounted lower than standard security lighting.
The Valerians were the only area residents who complained.
Inquired as to the Sherry Drive completion schedule and the
cause for the delays: City Manager Hanson responded that the
logs buried under the road and the fact that the city did not
want the water fumed off during the holidays had caused
delays with the project: He felt the contractor was doing a
reasonable job of staying on the job given the circumstances..
Public Works Director Kosoy stated that BellSouth had
caused a major delay in the project, and the completion date
was now extended to the beginning of May. It was reported
that laying the stormwater line could be completed in a
reasonable amount of time, but if BellSouth did not continue
to relocate their phone line, it would cause further delays.
Mr. Kosoy reported that BellSouth had not been very
cooperative from the beginning of the project. He indicated
that he would be meeting with their representatives on
Wednesday, and they had been informed that if the lines were
not moved horizontally, the city would back-charge them for
the delays charged to the city by the contractor.
• Reiterated his concerns regazding the rezoning of the radio
station property and cautioned staff to protect the city's
interests:
Mayor Meserve
Inquired if one of the Commissioners wished to head the
committee to study and coordinate Mr. Elmore's request.
It was agreed that the committee would be patterned after the
Selva Marina Streets Committee that was chaired by
Commissioner Borno.
Commissioner Waters volunteered to chair the committee.
Reminded the Commissioners of the following: (1) That
strategic planning would begin in two months and priorities
needed to be set, (2) The 5% surcharge on the Buccaneer
Plant would be due in April and a decision had to be made as
to how it would be handled, and (3) a decision was needed
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regazding a contribution to the Beaches Historical Society for
its survey of historical buildings..
• Commented that someone needed to attend the upcoming
beach renourishment meeting.
• Reported that Debra Igou, Director of the City of Jacksonville
Parks and Recreation Department, would visit city parks on
Friday morning.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:45 p.m.
Attest:
John Meserve
Mayor/Presiding Officer
Maureen K1ng
Certified Municipal Clerk
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