Minutes - 03-25-02MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, MARCH 25, 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 Borno, was followed by followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission meeting of
March 11, 2002
Commissioner Borno pointed out a scrivener's error in the third pazagraph
from the bottom on page nine and indicated that either the word "the" or
"Meserve" should be added to complete the second. sentence.
Motion: Approve the minutes of the Regular Commission
Meeting of March il, 2002 as corrected.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
A. Presentation by the Metropolitan Planning Organization
regarding Transportation Improvement Program for fiscal
years 2002/03 through 2006/07.
Jeff Pappas of the First Coast Metropolitan Planning Organization
(FCMPO) provided an overview of the Transportation Improvement
Program pertinent to the beaches azea for fiscal years 2002/03 through
2006/07. A copy of the report is attached and made part of this official
record as Attachment A.
A question and answer. session followed the presentation.. Commissioner
Waters expressed concern for ingress and egress from St. Johns Bluff
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March 25, 2002
Road to Sandalwood High School and learned that an Alden Road
extension to a new subdivision in the area was in the works and would
provide another route to move traffic from the school
Commissioner Beaver inquired concerning the timetable for completion of
9A. Mr. Pappas indicated that part of the construction would begin this
summer and construction of the section from Beach Boulevard to J. Tumer
Butler was scheduled for fiscal year 2003/04.
Commissioner Beaver expressed concern that there was a problem with
the road resurfacing at several of the newly constructed intersections on
Beach Boulevard and indicated that there appeazed to be piles of slippery
looking tar left in the roadway. Mr. Pappas stated that he would
investigate the concern and report his findings to City Manager Hanson:
Commissioner Bomo inquired if any consideration was being given to
constructing overpasses as part of the proposed intersection improvements
on Atlantic and Beach Boulevazds. Mr. Pappas indicated that the Atlantic
and University Boulevards intersection was to have been a prototype for
an overpass as part of the Better Jacksonville Plan, but the citizens
committee opposed it. He indicated that this matter would need to be
addressed by the Jacksonville City Council to determine what they want to
do. Mr. Pappas indicated that all of the projects were on hold until the
Atlantic/CTniversitypmject was resolved.
B. Proclamation declaring Apri126, 2002 as Arbor Day in
Atlantic Beach (Mayor)
Motion: Proclaim Apri126, 2002 Arbor Day in Atlantic Beach.
Mayor Meserve indicated that celebrating Arbor Day was a requirement
for the city to keep its Tree City USA certification.
There was no discussion and the motion cazried unanimously
Bob Totter of 275 l lt" Street spoke concerning Item 8C and said he felt
the construction engineering and inspections for the Core City project
should be done by city staff.
J.P. Marchioli of 414 Sherry Drive spoke concerning the construction on
Sherry Drive and indicated that the new and old roads did not align
properly. He pointed out that the right-of--way was not equal on both sides
of the road. Mr. Marchioli also suggested that hovercraft be used on the
St. Johns River as an alternate way to move commuter traffic.
Alan Potter of 374 Second Street quoted from sections of the revised
City Charter, adopted in 1993, and commented on the responsibilities of
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March 25, 2002
the Commission and believed that neither the City Manager nor any staff
member had the power or authorization to negotiate or sign a contract.
Mr. Potter believed contracts should be negotiated with Commission and
public input.
Mr. Potter distributed copies of the Charter to the Commissioners.
Stephen Kuti of 1132 Linkside Drive felt the contract cost in Item 8C
was too expensive and compared the fees in the GAI contract to those
found in the Aikenhead and Odom fee schedule. He indicated that using
the A&O fee schedule, the contract cost for item 8C would be $166,694,
which was considerably less than GAI's contract proposal of $242,276.
Alan Potter of 374 Second Street commented that the Sherry Drive
project was over schedule and that Aikenhead and Odom had caused an
extra expenditure of $150,000 when they moved Sherry Drive 4.5' west
to realign the street. He indicated that Mr. Mazchioli would now have 4.5'
less grass in front of his house and the realignment would bring street
noise that much closer.
3. Unfinished Business From the Previous Meeting
A. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson commented on his written report, which is attached
and made part of this official record as Attachment B.
B. Appointments to the Tree Conservation Board (2) (Mayor)
Mayor Meserve nominated Joan McLoud and Bill Permenter for
appointment to the Tree Conservation Board.
Motion: Appoint Joan McLoud and Bill Permenter to three-
year terms on the Tree Conservation Board.
There was no discussion and the motion carved unanimously.
4. Consent Agenda:
A. Acknowledge receipt of the following monthly reports:
Recreation Department and Utility Sales (City Manager)
B. Award contract to Ondeo Nalco to provide polymer for
the city's wastewater treatment plants for a period of one
year, at a cost of $0.832 per pound (City Manager)
Motion: Approve Consent Agenda Items A and B as
presented.
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Mazch 25, 2002
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no committee reports.
6. Action on Resolutions:
A. Resolution No. 02-04
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, URGING THE NORTHEAST
FLORIDA CONGRESSIONAL DELEGATION AND
THE U.S. DEPARTMENT OF DEFENSE TO MAKE
EVERY EFFORT TO ENSURE THAT THE
UPCOMING MAJOR OVERHAUL OF THE
AIRCRAFT CARRIER USS JOHN F. KENNEDY BE
PERFORMED AT ITS HOME PORT OF NAVAL
STATION MAYPORT IN JACKSONVILLE, FLORIDA;
THAT COPIES OF THIS ADOPTED RESOLUTION BE
FORWARDED TO THE MEMBERS OF THE
NORTHEAST FLORIDA CONGRESSIONAL
DELEGATION AND TO THE U.S. SECRETARY OF
THE NAVY; PROVIDING AN EFFECTIVE DATE.
Motion: Adopt Resolution No. 02-04.
Commissioner Borno indicated that all of the work on the ship, except
for the drydock, could be performed in Jacksonville and would be put
out to bid.
Commissioner Waters expressed concern that this work would cause
water pollution.
Mayor Meserve indicated that there were very strict rules regulating
this type of work and the threat of pollution would be very small. He
f er indicated that keeping the work here would help families stay
in Jacksonville.
There was no more discussion and the motion carried unanimously.
B. Resolution No. 02-OS
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, EXPANDING THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) TARGET
AREA, AS PREVIOUSLY DESIGNATED BY
RESOLUTION NO. 98-28, TO INCLUDE ALL THOSE
PORTIONS OF THE MUNICIPALITY EXTENDING
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Mazch 25, 2002
WEST OF MAYPORT ROAD TO THE
WESTERNMOST CITY LIMITS BOUNDED BY
CHURCH ROAD AND DUTTON ROAD ON THE
NORTH AND ATLANTIC BOULEVARD ON THE
SOUTH
Motion: Adopt Resolution No. 02-05.
Community Development Director Doerr explained the expanded
target azea for Community Development Block Grant funds included
all parts of the city located west of Mayport Road to the westernmost
city limits and south of Church and Dutton Roads to Atlantic
Boulevard.
Following brief discussion the motion carried unanimously.
7. Action on Ordinances:
There was no action on ordinances.
8. Miscellaneous Business:
A. Authorize the City Manager to negotiate and execute a
Professional Services Agreement with Ivey, Harris and
Walls, Inc. in the amount of $10,000 to make required
revisions to the City's Evaluation and Appraisal Report
(EAR) as adopted by Resolution No. 97-34. (City
Manager)
Motion: Authorize the City Manager to negotiate and execute
a Professional Services Agreement with Ivey, Harris and
Walls, Inc. in the amount of $10,000 to make required
revisions to the City's Evaluation and Appraisal Report (EAR)
as adopted by Resolufion No. 97-34.
There was no discussion and the motion carried unanimously.
B. Award contract for preparation of the Stormwater Master
Plan Update to Camp, Dresser & McKee, Inc., and authorize
the City Manager to sign the contract documents (City
Manager)
Motion: Award contract for preparation of the Stormwater
Master Plan Update to Camp, Dresser & McKee, Inc., and
authorize the City Manager to sign the contract documents.
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March 25, 2002
There was no discussion and the motion carried unanimously.
C. Award contract for construction engineering and inspection
for the Core City Improvements to GAI in the amount of
$242,276.45, and authorize the City Manager to sign the
contract documents (City Manager)
Motion: Award contract for construction engineering and
inspection for the Core City Improvements to GAI in the
amount of $242,276.45, and authorize the City Manager to
sign the contract documents.
Commissioner Waters inquired if there was any validity to the
question raised earlier by Mr. Kuti.
Public Works Director Kosoy responded that Aikenhead and Odom's
(A&O's) fees were not lower than GAI's, and even if they were,
GAI's proposal ranked higher than A&O's based on references and
similaz work for construction engineering and inspection (CE&I).
Mr. Kosoy explained that A&O did not usually perform CE&I work,
and they had only one person who could do it. He indicated that GAI
regularly performed this work, and it was the preferred practice to
have a different engineer inspect the project. He indicted that their
fee was 5.0% of the total engineering estimate for the construction
contract, which compared favorably with a 5.8% contract negotiated
by the City of Jacksonville Beach on a $7M project. He further stated
that it would be extremely difficult for staff to perform inspections on
a project of this magnitude.
Mayor Meserve indicated that he had also spoken to some citizens
about the project, and it had been suggested that the city would pay
less if a fulltime engineer was hired for 18 months. Mayor Meserve
pointed out that in awazding the contract, the city was contracting
with a firm, not an individual, and was buying the firm's reputation.
If something went wrong with the project, the city could go back on
the firm.
With reference to Mr. Potter's eazlier comments regarding the City
Charter, Mayor Meserve stated that he had read the Charter many
times, and pointed out that the City Commission was a policy making
body, not the administrators of the city. He referenced Section 9 of
the Charter, which lists the powers of the City Commission: Item
(10) "Provide rules and regulations for all purchases and ..." He
stated that he did not want the citizens to feel the Commissioners
were not doing their job, and pointed out it was not their job to
negotiate contracts.
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There was no further discussion and the motion carried unanimously.
D. Authorize the Mayor and staff to execute an amendment
to the Fiscal Year 2002/2003 Community Development
Block Grant agreement (City Manager)
Motion: Authorize the Mayor and staff to execute an
amendment to the Fiscal Year 2002/2003 Community
Development Block Grant agreement.
There was no discussion and the motion carried unanimously.
E. Authorize staff to enter into a contract in the amount of
$30,000 with Alltype Marine Construction to revise the
existing dune crossovers at 6`h, 11th, and 13`h Streets to
make them handicap accessible (City Manager)
Motion: Waive formal bidding procedures and authorize
staff to enter into a contract in the amount of $30,000 with
Alltype Marine Construction to revise the existing dune
crossovers at 6`h, 11th, and 13`h Streets to make them
handicap accessible.
City Manager Hanson explained that the sub-contractor, who
originally constructed the crossovers, was offering lower unit prices
than the original contract for the work.
City Manager Hanson reported that the crossovers were constructed
late in the summer of 2001 to strict state regulations for slope for
handicapped accessibility. However, erosion caused by fall stones
lowered the elevation of the sand by two feet, which made the
crossovers too steep for the handicapped. He reported that the Corps
of Engineers recommended making the modifications before beach
renourishment takes place.
Commissioner Waters felt the city had sufficient handicapped
accessible ramps and expressed concern that over time the ramps
would be expensive to maintain, especially during a northeaster.
Commissioner Waters requested that someone investigate the
construction of the 18th Street ramp and inquired if the two steps in
the middle of the ramp could be removed. He stated that it posed a
safety hazard, especially in the dark.
Dorothy Papazian of 587 Beach Avenue spoke in opposition to the
6th Street crossover and inquired if it could be modified to make it
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March 25, 2002
less obtrusive or if it could be removed. Ms. Papazian distributed
photographs of the crossover to the Commissioners.
There was no more discussion and the motion carried unanimously.
F. Review of the City Attorney's performance (Mayor)
Discussion ensued and it was agreed that each Commissioner should
evaluate the City Attorney and submit their evaluations to the City
Clerk who would tabulate the results and provide a copy of the
tabulation to each Commissioner and to the City Attorney.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
Reported that the water tank on 11`h Street had been painted
and for the first time, an American flag was painted on the
tank.
• Reported that if there were no Commission objections, tree
mitigation funds would be used to plant trees on the city right-
of-way along Seminole Road between City Hall and Atlantic
Boulevazd at a cost of approximately $5,000. There were no
objections.
• Indicated that the Fletcher High School Booster Club had
requested that the city place a sign on the outfield fence of the
baseball field at an initial cost of $300 with renewal fees of
$100 per year thereafter. He indicated that he would advise
the Booster Club that the city had no funds budgeted for the
sign, unless the Commission directed otherwise.
• Reported that the Hazardous Waste "Amnesty" Day collection
held on March 16~' was a great success with 589 vehicles
participating in the collection.
• Reported that the beach renourishment bid had been awarded
and the "Notice to Proceed" would be issued on April 15`h
with the project scheduled to begin on May 15"'. He indicated
that the contractor was awaze of the city's concern that beach
quality sand be pumped on the beach, not trucked in. City
Manager Hanson indicated that he would. keep the
Commissioners informed as the project moved forward.
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Mazch 25, 2002
• Reported that the Jacksonville Transportation Authority (JTA)
would hold a public hearing at 5:00 p:m. on March 26t at
Finegan Elementary School concerning the Wonderwood-
Mayport Road intersection conceptual plans.
Reported that the East Duval County Advisory Committee
would meet at 11:30 a.m. on March 27th at UNF's J.J. Daniel
Hall.
• Reported that all but one of the bus stop benches located on
Atlantic Boulevard and Mayport Road displaying advertising
had been replaced with brown recycled plastic benches. The
remaining bench will be replaced the first week of April:
Commissioner Borno inquired as to why the bus stop shelter
located at the comer of Mayport Road and Atlantic Boulevard
had been removed. City Manager Hanson indicated that he
was unaware of this but he would look into it.
Update on the Core City Project
Information concerning the project was distributed to the
Commissioners. Public Works Director Kosoy indicated that the
mandatory pre-bid meeting for the project was held on Mazch 23`a
and the bids were due on Apri13`a. The status report on the Core. City
Project is attached and made part of this official record as
Attachment C.
Using Powerpoint maps, Public Works Director Kosoy explained the
location of new waterlines, stormwater lines and baffle boxes. A
drawing of a baffle box was displayed and it was explained that the
baffle boxes would provide stormwater treatment. It was pointed out
that the baffle boxes would be installed at the ends of 7th, Sa`, and Pine
Streets going into Howell Pazk. The final map display showed
which streets in the core city area would be constructed with inverted
crowns for proper drainage.
Public Works Director Kosoy stated that the specifications for the
project contained liquidated damages of ±$200 per day and an
incentive of $200 per day. He indicated that GAI had suggested
increasing these figures to $1000.00 per day, which would give the
contractor an incentive to complete the project early. It was
explained that for finishing 30 days eazly, the contractor would get
$30,000, and the city would save GAI's monthly fee of $11,800.
It was also reported that the Florida Department of Environmental
Protection (FDEP) grant contract would beaeceived the week. of April
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152 in the amount of $428,000. $100,000 of the funds will be used for
monitoring purposes and education and the remainder will be used for
the project.
A question and answer session followed the presentation.
Commissioner Waters inquired as to the maintenance for the baffle
boxes. Public Works Director Kosoy stated that they would probably
need a monthly cleaning.
Commissioner Waters stated that he found it difficult to walk in many
places in the city. He felt the sidewalk on East Coast Drive should
be inspected for cracks and overgrown shrubbery and inquired if this
was done on a regular basis. Public Works Director Kosoy
responded that the. normal procedure was for the property owner to be
notified of the condition and given a reasonable time to make the
correction. If the property owner did not correct the problem it would
be corrected by the city.
Update on Sherry Drive
City Manager Hanson requested an update on the Sherry Drive
reconstruction project.
Public Works Director Kosoy stated that the curb and gutter and
limerock base for Sherry Drive would be completed by the end of
April. After that work was completed, he felt the paving should take
about a week. Striping and signs would be installed at the end of the
project.
Mayor Meserve inquired if there was any validity to a previous
statement made concerning the unequal right-of--way on Sherry Drive.
Public Works Director Kosoy responded that the road had not been
moved, as stated earlier. He indicated that the road was going back to
where it was originally located, with two equal twelve foot lanes. He
further stated that the right-of--way on Sherry Drive was sixty feet
wide and previously had always been divided unequally between the
east and west sides of the road. He indicated that all of the water and
sewer improvements were made on the west side of the road.
B. Report regarding speed limit on Mayport Road
Chief Thompson provided background information concerning the
changes in speed limit on Mayport Road and recommended that the
speed limit be lowered to 35 mph. Chief Thompson's report is
attached and made part of this official record as Attachment D.
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Discussion of the proposed speed limit ensued. Commissioner
Parsons felt the present speed limit of 45 mph was reasonable.
Commissioners Beaver and Bomo favored the lower speed limit.
Chief Thompson stated that he had spoken to the Florida Department
of Transportation (FDOT) that day, and they were re-evaluating the
speed limit on all of Mayport Road in light of the flyover traffic.
Mayor Meserve indicated that he was meeting with Aage
Schroeder, local District Chairman of the FDOT, to drive Mayport
Road. He felt the Navy, the other beach cities and the MPO should
be involved in supporting the lower speed limit.
Commissioner Waters also supported the lower speed limit.. He
suggested that a formal resolution be drawn up supporting the lower
speed limit.
Motion: Draft a resolution requesting that the speed limit
on Mayport Road be lowered to 35 mph.
Mayor Meserve indicated that he would convey this information to
the other beach cities, the Jacksonville City Council and the
commanding officer at Naval Station Mayport to solicit their support.
There was no more discussion and the motion carried unanimously.
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen
• Advised the Commissioners that he did not see anything
legally wrong with placing the advertising sign at Fletcher
High School.
Commissioner Beaver
• Requested an update on negotiations to place an entrance to
the Post Office on Plaza.
Mayor Meserve indicated that City Manager Hanson was
working on this matter, but the representatives from the Post
Office. were concerned that placing the entrance on Plaza
would cause them to lose water retention capabilities for
fixture expansion. He indicated that off-site water retention
was very costly; and who would pay for the construction of
the road was also at issue.
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• Felt the city should support Fletcher High School with the
purchase of the advertising sign. It was suggested that this
matter be brought up at the next strategic planning session.
Commissioner Borno
• Inquired if the Sea Turtle Nesting letters had been sent out.
City Manager Hanson stated that the letters would be mailed
in April.
• Requested an update on the Street Light Policy procedure for
additional street lights. Chief Thompson reported that he was
working with the JEA on this matter. He also noted that
thirty-five non-working street lights had been identified.
Commissioner Parsons
• Stated that he recently had to ca11911 and he was very pleased
with the quick response time.
• Stated there was a great amount of litter at the beach accesses
and suggested that "No Littering" signs be placed at each
access.
Commissioner Waters
• Requested a future workshop to discuss the Comprehensive
Plan.
• Commented that he had attended the recent bike path meeting
and requested that all future signage be placed on the streets.
He felt there were already too many vertical directional signs
in the city.
• Requested that all streets in the city be striped with a yellow
center line as soon as possible. He felt this was a safety issue
for the city's older drivers.
• Inquired as to why old ramps down to the ocean were not
used. It was reported that environmental factors made it too
difficult to keep a hard surface on the ramps.
• Believed supporting the Fletcher sign would set a dangerous
precedent, however, if the Commission decided to support the
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March 25, 2002
sign, he knew another group at the High School who could use
financial support with postage.
• Inquired whether Alan Potter's comments regazding the
Charter had any validity. Commissioner Waters stated that
Commissioners used to participate in things such as the
opening of bids. As a cautionary measure, he felt certain
areas of the economic life of the city may warrant monitoring
by a Commissioner.
Mayor Meserve stated he had participated in the bid openings
during a time when the city failed to follow its own rules and
bids were regulazly being challenged. Mayor Meserve
indicated that this was no longer the case. He felt the
Commission should hire the right staff and trust them to make
the correct recommendations on matters where the
Commission had no expertise. He urged the Commissioners
to read the Charter and reiterated that the Commissioners
duties were to set policy and establish rules and procedures.
Mayor Meserve
Reported that during a recent meeting of the area Mayors the
following items were discussed: Mayport Road, beach
renourishment, the 2003 Air Show and cable television
negotiations. He reported that Mayor Delaney supported
holding the 2003 Air Show atthe Beaches and had invited the
city to participate in the City of Jacksonville cable
negotiations.
• Reported that he had attended a meeting at Neptune Beach
City Hall concerning the Jacksonville Electric Authority's
move to take over utilities at the beaches. Mayor Meserve
stated he had suggested that the three cities split the cost for a
consultant to study consolidation of services between the three
cities.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:55 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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