Minutes - 02-11-02MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
.CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, FEBRUARY 11, 2002
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Bomo
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 Mayor Meserve, was followed. by the Pledge of Allegiance to the
Flag.
i. Approval of the. minutes of the Regular Commission meeting of
January 28, 2002
Commissioner Borno referenced Page 8 of the minutes and requested that
"a lawsuit had now been filed" be changed to "an effort has commenced."
Commissioner Beaver referenced the same page and requested that the
four percent sales tax mentioned under his report be changed to four and
one-halfpercent.
Motion: Approve the minutes of the Regular Commission
Meeting of January 28, 2002 as amended.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
Alan Potter of 374 Second Street stated there were several hazardous
areas in the Sherry Drive project where the fill dirt had washed out from
around the sidewalks and should be repaired. Mr. Potter also felt that an
insufficient number of barricades were being used along Sherry Drive and
some. of those were broken. He noted that City of Atlantic Beach (CAB)
bamcades were being used and felt the contractor should provide his own
bamcades.
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Febmary 11, 2002
Stephen Kuti of 1132 Linkside Drive stated that he had spoken with
Chief Ray Alfred of the Jacksonville Fire Department and read a prepared
statement concerning calculation of fire department response times,
dispatching of 911 calls,. and the checking and maintenance of fire
hydrants, and said he disagreed with some of the information in Director
Thompson's report regarding the fire service.
Mr. Kuti stated that he had read the city's Audit Procurement Policy and
felt the city should change auditors in light of the recent failure of the
Enron Corporation.
Sally Clemens of 1638 Park Terrace West inquired concerning the
information she requested during the January 28`h Commission meeting.
She agreed with Mr. Kuti and felt the city should change auditing firms.
J.P. Marchioli of 414 Sherry Drive commended the Public Works crew
for the quick response to his request to trim overgrown shrubbery which
obstructed the stop sign at the comer of East Coast Drive and Sixth Street;
inquired concerning construction of a new sidewalk on the east side of
Sherry Drive and reiterated his concerns expressed at the previous
Commission meeting concerning fire department response times and the
checking of fire hydrants.
Dorothy Kerber of 365 First Street commented on the following: (1)
.Felt the city should change auditing firms every few years, (2) opposed a
second weekly yard trash pick up as being too costly for citizens on fixed
incomes, and (3) felt if the City did not choose to absorb the 5% franchise
fee levied by the City of Jacksonville, it should not be passed onto all
Atlantic Beach utility customers, but only those utility customers outside
the city boundaries.
A. Purvis and Gray to present audit report
Ron Whitesides, Manager of the Atlantic Beach audit team, introduced
himself and presented the audit report to the Commission and indicated
that the report complied with all federal, state and. local accounting
requirements.
Mr. Whitesides indicated that the firm had looked at the city records, its
financial condition, and azeas of compliance. He provided a brief
overview of the report and indicated thabthe city was in good financial
condition with adequate reserves. Mr. Whitesides reported that the sewer
and storrnwater funds were operating at a slight loss and at a minimum,
should operate at a break even level.
)n the azea of compliance with Community Development Block Grant
(CDBG) fund requirements, it was noted that income verification data for
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February 11, 2002
some of the fund recipients was not available at the time of the audit. It
was noted that since that time, the city had provided the required
information on all but one of the recipients. Mr. Whitesides also indicated
that monthly status reports had not been completed as required.
Community Development Director Doerr reported that the income of all
but one of the recipients had been verified as meeting the requirements.
However, the fifth recipient posed an unusual case in that she had passed
away before the work on her home was completed and the property now
belonged to her sister. She indicated that she would be working with the
City Attorney to resolve this matter.
Commissioner Waters inquired concerning maintenance of the Aquatic
Gazdens retention pond and the City Manager indicted that the pond was
not maintained by the city since it was privately owned. He reported that
the city was receiving proposals fo update its Master Drainage Plan, and
would focus on drainage problems in that area after completion of the core
city proj ect.
A. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson deferred to Chief Thompson for an overview of his
Fire and Rescue Report, which is attached and made part of this official
record. as Attachment A.
Chief Thompson explained how response times are calculated. He
verified that fire hydrants were checked by fire station personnel on a
regulaz basis and any hydrants found to be in disrepair were repairedby
the Utility Department.
A brief discussion ensued. Mayor Meserve referenced a recent Editorial
in the Beaches Leader on fire service, which contained erroneous
information, and stated he intended to respond to the editorial. There
were no objections.
B. Discussion and related action in connection with increasing
collection of yard trash to twice per week (Commissioner
Parsons)
Commissioner Passons indicated that he was still working on this issue
and would like to postpone discussion until a future date.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building
Occupational License, and Recreation Departments (City
Manager)
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February 11, 2002
B. Award annual contract to Florida Pipe Tech for storm
water jetting and cleaning at the unit prices quoted in
their bid (Bid No. 0102-8) (City Manager)
D. Award annual contract to Tom's Asphalt for asphalt
repairs at the unit prices quoted in their bid (Bid No. 0102-
9) (City Manager)
E. Authorize the Mayor to sign a letter authorizing the City
of Jacksonville to fly aircraft within the boundaries of
Atlantic Beach to spray mosquito-breeding locations (City.
Manager)
Commissioner Waters requested that Item 4C be removed from the
Consent Agenda for further discussion.
Motion: Approve Consent Agenda Items A, B, D and E
as presented.
There was no discussion and the motion carried unanimously.
C. Award annual contract to R.L. Lawrence for concrete
repairs at the unit prices quoted in his bid (Bid No. 0102-
10) (City Manager)
Motion:. Award annual contract to R.L. Lawrence for
concrete repairs at the unit prices quoted in his bid (Bid
No. 0102-10).
Commissioner Waters inquired as to how sidewalk repairs were made
and stated that he did not like to see patched sidewalks. Public Works
Director Kosoy explained the repair policy and indicated that under
normal conditions, the entire section would be replaced.
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
There were no committee reports.
6. Action on Resolutions: .
A. Resolution No. 02-O1
A RESOLUTION OF TFIE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING THE ICMA-RC
MODEL 401 QUALIFIED MONEY PURCHASE
RETIREMENT PLAN DOCUMENT AND
ESTABLISHING AN AMENDMENT (City Manager)
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Februazy 11, 2002
Pat Pillmore of Camilia Street requested clarification of the
requirements of the ordinance. Mayor Meserve explained the change.
No one else spoke for or against the ordinance and the Mayor
declared the public hearing closed.
Commissioner Waters opposed lowering the setback requirement.
He felt the twenty foot 20' requirement kept front yards free from
obstructions which could pose a safety risk to children, particularly in
the core city area.
There being no further discussion, the motion carved by a four to one
vote with Commissioners Beaver, Borno, and Parsons and. Mayor
Meserve voting aye and Commissioner Waters voting nay.
8. Miscellaneous Business:
A. Appointments to the Tree Board (2) Mayor
Mayor Meserve indicated he would like to defer the appointments to the
next meeting.
B. Discussion and related action regarding the franchise fee levied
by the City of Jacksonville on outside city water and sewer
sales (Mayor)
Mayor Meserve provided background information and stated that he
would like to address this matter in the broader perspective of a ten-year
plan for funding of the water and sewer systems. Secondly, he indicated
that there were some issues coming up with the St. Johns River Water
Management District (SJRWMD) relative establishing a rate structure
which encourages conservation. The Mayor indicated that on April 1St the
City would have to begin paying the franchise fee, and there was no
choice in the matter, other than going to court.
He suggested that a decision on this matter be incorporated into the budget
process in order to try to be aware of the whole issue when reviewing and
restructuring the utility rates. He also indicated that the city could not
levy the 5% franchise fee on the non-residents without holding a public
hearing and passing an ordinance to do so.
The Commission by consensus agreed to discuss this further during the
budget process.
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February 11,.2002
C. Authorize staff to negotiate a contract with (CE & I Services)*
for construction engineering and inspection for the Core City
Project (City Manager)
Motion: Authorize staff to negotiate a contract with GAI
Consultants for construction engineering and inspection
services for the Core City Project.
There was no discussion and the motion carried unanimously. *(As a
point of clarification, City Clerk King under her report in Item 10,
indicated that the name of the company had been incorrectly listed on
the agenda as CE & I Services and should have been GAI
Consultants).
D. Approve Community Development Block Grant Projects
for FI' 2002-2003; authorize the Mayor to sign documents
as required to submit application, and execute the contract
(City Manager)
Motion: Approve Community Development Block Grant
Projects for FY 2002-2003; authorize the Mayor to sign
documents as required to submit application, and execute
the contract.
In response to an inquiry from Commissioner Waters the City
Manager Hanson stated that the grant funds would be spent on
infrastructure improvements to the Donner Community Center area
and included paving of Jordan Street, and installation of sidewalks
and street lighting in the area. He indicated that a portion of the funds
would be spent on inspections and correction of existing code
violations throughout the area.
Community Development Director Doerr's staff report is attached
and made part of this official record as Attachment B.
There was no discussion and the motion carried unanimously.
E. Stephen Rausch of 301 Magnolia Street appealing the
decision of the Tree Conservation Board (Tree Board
decision of June 1996) (City Manager)
Mr. Rausch introduced himself and distributed copies of Page 2 of the
June 16, 1996 Tree Board Minutes, a copy of a letter from his
contractor, Richard Thompson, dated January 15, 1997, and a copy of
a letter dated November 8, 2001 written by Mr. Rausch to City
Attorney 3ensen. These documents are attached and made part of this
official record as Attachment C.
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February 11, 2002
Mr. Rausch explained that it was his understanding that the matter
was settled. He indicated that he was not appealing the decision of
the Tree Board, but was trying to shed some light on what he believed
to be a misunderstanding.
Mr. Rausch referenced paragraphs four through seven of the Tree
Board Minutes and the letter his builder, Mr. Thompson. He pointed
out that he had agreed to mitigate 57.5" of hardwood trees (Paragraph
7 of the minutes), and stated that the inches were put back into the
ground, but his builder could not do it in December. Therefore, the
City Manager at that time, Mr. Jarboe, had him sign an agreement
with a payment plan for tree mitigation in the amount of $4,743.75 to
be paid in eighteen monthly payments of $263.54 so he could receive
a Certificate of Occupancy for the house. He indicated that three
payments were made.
Mr. Rausch further stated that the installation of the palm trees was
approved by Community Development Director Worley (as indicated
in the letter from Mr. Thompson) and the trees were installed in
February of 1997. Mr. Rausch felt planting the palm trees satisfied
the mitigation requirements and he had requested a refund of $790.62
from the city in his November letter to City Attorney Jensen.
Commissioner Bomo pointed out that palm trees were not considered
to be hazdwoods and mitigation required that the trees that were
removed be mitigated with 57.5" DBH of hazdwoods, 4" DBH of
which must be oak.
Building Official Don Ford reviewed the chronology of events listed
in his staff report which is attached and made part of this official
record as Attachment D.
Discussion ensued and by consensus the Commissioners determined
that the mitigation requirements had not been met.
City Manager Hanson pointed out that in Florida there was a statute
of limitations of five years for collecting on an agreement, and since
that was approaching, he had directed the City Attorney to file with
the court to collect the money due the city.
Commissioner Beaver stated that he served on the Tree Board when
this occurred and trees had been removed from. the property without
the proper permit, He felt the Board granted Mr. Rausch much
latitude when determining the mitigation requirements. When the
City would not issue the Certificate of Occupancy Mr: Bausch entered
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into the mitigation agreement with the city to put the money in the
tree fund.
Motion: Direct the City Attorney to proceed with the case
to collect the tree mitigation funds.
It was pointed out that since the matter was listed on the agenda as an
appeal, the City Commission must either deny or approve the appeal.
The second to the motion and the motion were withdrawn by
Commissioners Waters and Bomo respectively.
Motion: Deny the appeal and direct the City Attorney to
proceed with the case to collect the tree mitigation funds.
There was no more discussion and the motion carried unanimously.
F. Discussion and related action regarding the City's
Newsletter (City Manager)
City Manager reviewed the following options for publishing the city
newsletter: (1) A quarterly four-page newsletter, (2) a monthly two-
page newsletter, and (3) a monthly two-page newsletter to be mailed
with the utility bill.
Discussion of the options and costs for each option ensued.
Commissioners Waters and Beaver favored including the newsletter
with the utility bill.
Commissioner Borno said he liked the idea of sending the newsletter
out with ufility bills but did not feel a return envelope was necessary.
Mayor Meserve felt that this matter should be discussed during
strategic planning. He indicated that other options could also be
considered at that time, such as placing the newsletter in the Beaches
Leader or on the Internet. Mayor Meserve stated that he also favored
the monthly format.
G. Approve Financial Policies for Rate Increases (City
Manager)
City Manager Hanson reviewed the Financial Policies document and
indicated that if the Commissioners adopted the policy, staff would
perform the analyses and come up with the rates
Commissioner Waters inquired as to which rates would to be
included. City Manager Hanson indicated that all of the charges and
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February 11, 2002
fees for city services would be included such as stormwatet, permits,
license, sanitation fees, eta
Commissioner Waters supported the need to review the city's rate
structure periodically.
Motion: Adopt Financial Policies for rate increases as
presented by Nelson VanLiere.
Commissioner Beaver commended. Finance Director VanLiere for
creating a good policy document.
There was no fixrther discussion and the motion carried unanimously.
H. Appoint a Commissioner to serve on an Audit Selection
Committee
Mayor Meserve nominated Commissioner Parsons to serve on the
Audit Selection Committee. Commissioner Pazsons said he would be
willing to serve.
Motion: Appoint Commissioner Parsons to serve on the
Audit Selection Committee.
There was no discussion and the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following. items:
Reported that the Corps of Engineers had advised thaYthe due
date for proposals from contractors for the beach
renourishment/river dredging project had beenrescheduled to
February 8`h and they hoped to award a bid by the end of
February. City Manager Hanson indicated that photographs
of the severe beach erosion which occurred last fall had been
sent to the Corps and City of Jacksonville staff.
• Reported that the bid for renovations to the Adele Grage
Community Center had been advertised with a bid opening
date of Mazch 27`h. He indicated that they hoped to awazd the
bid on April 8`h and anticipated the work would be completed
by yeaz's end.
• Reported that the Core City Project bid would be advertised
on February 17`h with apre-qualifying meeting scheduled for.
Mazch 1St and apre-bid meeting scheduled for March 27`h
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The bids are scheduled to be opened on April 3rd. The city
expects to receive a grant from the EPA in the amount of
$428,000 for the project.
10. Reports and/or requests from City Commissioners and
City Attorney
City Clerk King
• As a point of clarification regazding Agenda Item 8C, City
Clerk King pointed out that the staff recommendation was to
begin negotiations with GAI Consultants, not CE & I Services
as listed on the agenda.
Commissioner Borno
• Suggested that if it was warranted, the sidewalks on Sherry
Drive be posted as unsafe until completion of the project.
Commissioner Waters
Reported that the Dewees/Coquina Meeting held on Saturday
and indicated that apparently there was a flooding problem in
the azea. The residents who attended the meeting indicated
they would like the street maintained with a permeable
material, not asphalt, and would like the park (Marvin's
Gazden) kept clean. He indicated that this was the beginning
of the process to improve the azea and other meetings would
be scheduled.
Indicated there was no longer a Commission liaison to the
Teen Council and the Mayor appointed Commissioner Waters
to serve in that capacity_
Commissioner Parsons
• In response to Commissioner Parsons' inquiry regarding a
recent threat to the Building Inspector, Chief Thompson
provided background information and indicated that the
inspector called the Police Department and they handled the
situation.
Inquired if anything could be done concerning the potholes
and deplorable exterior condition of the old Pic `N Save
building.. City Manager Hanson indicated that in the past they
had filled the potholes, but he did not believe much could be
done concerning the building:
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Mayor Meserve
• Indicated that he did not agree with the recent editorial
concerning fire service within the city, and he intended to
write a letter to the editor concerning the misinformation
contained in the article.
• .Commented on the City of Jacksonville Town Center Project
and stated that $2M dollars had been given to each planning
district. He stated that Atlantic Beach was in Planning
District 2, and he had suggested to Councilman Holland that
center medians be considered for Mayport Road for the
District 2 project. He further indicated the project appeared
to meet the requirements for funding and he would proceed
through the Mayport Waterfront Partnership.
• Announced that the Mayport Waterfront Partnership would
meet at 5:00 p.m. the following day at Fleet Landing.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:30 p.m.
John Meserve
Attest: Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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