Minutes - 01-28-02MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, JANUARY 28, 2002
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
Mayor Meserve called the meeting to order at 7:15 p.m. The invocation,
given by Commissioner Parsons, was followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission meeting of
January 14, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of January 14, 2002 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
J.P. Marchioli of 414 Sherry Drive commented on the following: (1)
Item 4B Repair and Painting of Elevated Water Tank No. 1 -Bid No.
0102-4. He noted that the low bid was for $41,580 and $50,000 had been
budgeted for the work, and inquired as to what happens to the surplus
funds, (2) Stated that he favored once a week trash and gazbage pick up
and did not want to pay for an additional yard trash pick up, (3) Inquired
as to a schedule for flushing fire hydrants, and (4) commented negatively
on the response time to a recent fire and felt it was a mistake for the city to
contract the City's fire service to the City of Jacksonville.
Sally Clemens of 1638 Park Terrace West commented on the following:
(1) No elected officials were present at the JTA meeting to discuss Phase I
of the East Duval County Transit Study, (2) Construction of a new fire
station had been proposed for Hodges Boulevard, (3) Inquired as to a
schedule for hydrant flushing and commented that the blue reflectors
which mark fire hydrant locations needed to be replaced on many streets,
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January 28, 2002
and (4) relative to Item 4B, requested written information concerning who
inspects the city's water tanks and their credentials.
Mary Jenkins and Robert Frary of Atlantic Beach First Night thanked
Paul Paloti, Dan Nowaczyk, Chief Thompson and the clean up crew for
their assistance in making the event a great success. Although First Night
had achieved its 501(c)3 status during the past year they hoped that the
city would continue its support, as in the past.
Penny Pazks, who will be in charge of First Night fund raising, was
introduced. Ms. Pazks stated that First Night would like to raise $50,000
for this year's event and the kickoff fundraiser would be held in the neaz
future.
Alan Potter of 374 Second Street, commented that he was glad to see
that the contractor for the Sherry Drive reconstruction project had begun
to install the storm drains. He also suggested that the city monitor the
contractor installing the water main on Beach Avenue since he was using
equipment that could damage the asphalt.
A. Mary Watson, Beaches Area Historical Society regarding
grant for historic properties survey
Joan Van Vleck of the Beaches Area Historical Society, stated that she
was standing in for Mary Watson and would be happy to answer any
questions concerning the request.
City Manager Hanson provided background information and stated that
the request was for matching funds from the City of Atlantic Beach in the
amount of $2,146 to prepare an inventory of historic properties in the
three beach communities.
City Manager Hanson indicated that the city's Comprehensive Plan
encouraged the preservation of significant historic sites and the
recognition of preservation efforts of individuals and organizations.. He
felt that contributing to the Historical Society's historic properties survey
would be an efficient way for the city to meet the requirements for
historical preservation under the current Comprehensive Plan.
Commissioner Beaver requested information on how the amount of the
funding allocated to each of the beach cities had been determined and Ms.
Van Vleck indicated that the amount requested from each city was based
on population.
Motion: Approve funding in the amount of $2,146 for the
Beaches Area Historical Society survey of historic properties.
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January 28, 2002
There was no further discussion and the motion carried unanimously.
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 .
In addition to the written report, the City Manager provided the following
information:
Indicated that the neighborhood meeting for Dewees, Coquina, and
Shell Streets chaired by Commissioner Waters would be held on
Saturday, Februazy 9, 2002, noYFebruary 2"d as reported in the
written report.
Reported that an opinion survey on twice a week yard trash
collection could be conducted by the same company that
conducted the Community Center survey, for between $1,000 and
$2,000: A clip and send-in survey printed in Tideviews was also
suggested.
• Reported on the status of obtaining a new company to handle the
printing and distribution of the Tideviews newsletter. He indicated
that he would bring options and costs for the newsletter to the
February 11 ~' meeting.
Commissioner Beaver responded to the earlier comment regazding Fire
Department response times. He commended the Fire Department's quick
response time and their handling of a fire at the Hatchell residence on
Ocean Boulevazd.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building
and Utility Sales Departments (City Manager)
B. Award contract in the amount of $41,580 to Clifton's
Tower Service for repair and painting of elevated water
tank No. 1, pursuant to the specifications of Bid No. 0102-4
(City Manager)
D. Acknowledge receipt of report changes in the Florida
Building Code (City Manager)
Commissioner Waters requested that Item 4C be removed from the
Consent Agenda for further discussion.
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January 28, 2002
Motion: Approve Consent Agenda Items A, B and D as
presented.
There was no discussion and the motion carried unanimously.
C. Approve extension of contract with Trim All Lawn
Service, Inc. for landscape maintenance of Atlantic
Boulevard medians and Town Center for a period of one
year at the current contract prices (City Manager)
Motion: Approve Consent Agenda Item C as presented.
Commissioner Waters inquired as to whose responsibility it was to
maintain the floral plantings (Lantana) in the medians. City Manager
Hanson indicted that the lawn service was responsible and the plants
had been replaced.. He indicated that there had been problems in the
past with the Lantana.
There being no further discussion, the motion carried unanimously.
5. Committee Reports:
Mayor Meserve indicated there were no Committee Reports at this
time. He requested that reports from the various committees be made
on a regular basis.
6. Action on Resolutions:
There were no Resolutions.
7. Action on Ordinances:
A. Ordinance No. 90-02-174 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING ORDINANCE NO. 90-O1-172, CHAPTER
24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SECTION 24-163,
PARAGRAPH (B)(2), STORAGE AND PARHING OF
COMMERCIAL VEHICLES AND RECREATIONAL
VEHICLES AND EQUIPMENT IN RESIDENTIAL
ZONING DISTRICTS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
DATE (City Commission)
Motion: Approve Ordinance 90-02-174 on first reading.
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January 28, 2002
Mayor Meserve indicated that the public hearing and final reading of
the ordinance would take place on February 11, 2002.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 10-02-21 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA AMENDING THE CODE OF
ORDINANCES CHAPTER 3, ALCOHOLIC
BEVERAGES, SEC. 3-2 HOURS OF SALE, AND
PROVIDING AN EFFECTIVE DATE
Motion: Adopt Ordinance No. 10-02-21 on final reading.
Mayor Meserve opened the floor for a public hearing. and invited
comments from the audience. No one spoke for or against the
ordinance and the Mayor closed the public hearing:
Commissioner Borno indicated that he had contacted the managers of
Ragtime and Sea Turtle and reported that neither of them felt they
were losing business because of the present hours of sale.
Commissioner Bomo opposed the change.
Commissioner Parsons reiterated his previous position and said a
manager at Ragtime had requested the change.
There was no further discussion and the motion carried by a four to
one vote with Mayor Meserve and Commissioners Beaver, Parsons
and Waters voting aye and Commissioner Borno voting nay.
8. Miscellaneous Business:
A. Appointments to the Tree Board
Mayor Meserve requested Commission input for potential members to
serve on the board.
Motion: Reappoint Barbara Mears to a three year term on the
Tree Board.
There was no discussion and the motion carved unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following items:
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January 28, 2002
Strategic Planning Report
City Manager Hanson distributed the third quarter Strategic Action
Plan Report to the Commissioners. He reminded the Commissioners
that a strategic planning session to refocus priorities would be held in
the near future and suggested using Marilyn Crotty as the facilitator.
The report is attached and made part of this official record as
Attachment B.
Employee of the Quarter and Year Program
City Manager Hanson indicated that the city's Employee of the
Month Program was being changed to Employee of the Quarter. He
stated that the program was well received, but due to the small
number of employees, it was becoming increasingly difficult to
choose someone each. month. Procedures for the selection of the
Employee of the Quarter and Year were distributed to the
Commissioners.
$B 681
City Manager Hanson reported that passage of HB 681 concerning
the Firefighters Pension Fund would correct an error in previous
legislation and allow the City of Jacksonville to be able to collect the
City of Atlantic Beach portion of State Section 175 funds for
Firefighter Pension Plans.
Florida Inland Navigation District (FIND) Grant Application
City Manager Hanson reported that the FIND Grant Applications
were due in March for the fiscal year beginning October 1, 2002. He
indicated that FIND grant funds had been used for Dutton Island
construction, but in order to stay within budget, several items had
been cut from the original plans for the park. He felt that some of
those eliminated items such as the boardwalk could be included under
the new grant.
City Manager Hanson inquired if the Commissioners wanted the city
to apply for the F]ND grant funds.
It was, the consensus of the Commission to apply for the grant funds.
Community Development Block Grant (CDBG) Funds
City Manager Hanson indicted that the application for CDBG fixnds
under an agreement with the City of Jacksonville was due in early
February. He indicated that in the past, the funds had been used for
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January 28, 2002
housing rehabilitation and infrastructure projects in the Royal Palms,
Jordan Park and the Marsh Oaks azea (north of Levy Road). City
Manager Hanson stated that he would have recommendations for
project options at the next meeting.
He then requested Commission input as to what type of projects
should be funded under the grant.
Commissioner Waters indicated that he would like to see the money
used for stormwater drainage improvements and requested a map of
the project azea.
City of Jacksonville 5% Franchise Fee
City Manager Hanson reported that the franchise fee totaling
$125,000 charged by the City of Jacksonville on the Buccaneer Plant
would go into effect April 151: He indicated that this matter would be
on the February 111h agenda, and the Commission needed to decide
whether or not to pass the franchise costs along to the water and
sewer customers.
Commissioner Borno inquired if the Commissioners could appeal
these charges directly to the Jacksonville City Council and Mayor
Meserve indicated that he had spoken to several Jacksonville Council
Members and he came away feeling the city would have to pay the
franchise fee.
Request for Donation to the Springing the Blues Festival
City Manager Hanson reported that a request was received for a
$2,500 donation to support the festival
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen -Bill Johns Waste Oil Site
City Attorney Jensen summarized for the Commissioners the city's.
involvement in the Bill Johns Waste Oil Site lawsuit to clean up a site
which had been used to dump waste oil. Nlr. Jensen reported that
many yeazs ago the city contracted with an approved company to
dispose of a small amount of waste oil at the site in Jacksonville. He
further reported that the initial agreement had a $40,000 cap on
attorneys' fees, which was subsequently amended to increase the cap
to $150,000, resulting in increased costs to the city and other
members of the group. Mr. Jensen indicated that the city had paid
$14,000 as its shaze of the costs.
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January 28, 2002
Mr. Jensen reported that a lawsuit had now been filed by the State of
Florida Department of Environmental Protection (DEP) for additional
clean up of the same site. Mr. Jensen advised that the city could join
the group again, as it did in the previous lawsuit, or decide not to join.
He suggested that the city not join the group since he felt the
likelihood of being sued by the DEP or other members of the group
would be minimal.
A brief discussion ensued and it was the consensus of the
Commissioners not to join the group. City Attorney Jensen will
monitor the lawsuit and keep the Commissioners informed of any
changes.
Commissioner Beaver
Stated that he had spent the day in Tallahassee and had
attended a meeting where proposed changes to revamp the
state's sates tax system were discussed. He indicated that the
proposal would reduce the sales tax rate to four percent but
under the new system, sales tax would apply to many services
which are currently exempt. He inquired as to the
Commissioners' feelings on the proposed change.
Reported that there would be a meeting of the Marsh Oaks
Neighborhood Association on Saturday, February Z, 2002 at
1:00 p.m. at the Oceanside Church of Christ.
Commissioner Parsons
Reported that he would have a conceptual drawing of the
"turtle sign" for the Commissioners to review in the near
future.
• Stated he was opposed to spending the money on the survey
mentioned by City Manager Hanson. He indicated that he
had spoken with several citizens regazding increased yard
trash collections and the majority of people with whom he
had spoken supported the additional pick up.
• Requested that a letter of appreciation be drafted to First
Night.
Mayor Meserve
• Suggested the Commissioners make a decision regarding the
5% surtax at the next meeting.
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January 28, 2002
• Requested that the Commission receive an expanded Fire
Department Performance Report and a Fire Hydrant
Maintenance Report at the next meeting.
Commissioner Waters questioned the amount of equipment
and personnel that responded to the Hatchell fire. He also
inquired if the City of Atlantic Beach station was
undermanned and if equipment was brought in to fight the
fire.
• Reported that efforts were being made through the JTA and
FDOT to make good decisions relative to safety issues on
Mayport Road.
• Reported that he now chaired the Metropolitan Planning
Organization (MPO).
• Appointed Commissioner Parsons as the citq's liaison to the
Mayport Waterfront Partnership.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 8:40 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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