MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, MAY 13, 2002
PRESENT: John Meserve, Mayor
12ichazd Beaver, Mayor Pro Tem
Mike Borno
Paul Pazsons and
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
offered by Commissioner Waters was followed by the Pledge of
Allegiance to the Flag.
City Manager Hanson indicated that the city would be using a new audio-
video system, which included an overhead projector connected directly to
the city's computer network, a VCR and cordless microphone. City
Manager Hanson briefly explained the system capabilities and
commended Bryan Smith, Network Administrator, for his expertise in its
installation. It was pointed out that the in-house installation of the system
kept the costs down.
L Approval of the minutes of the Regular Commission meeting of
March April 22, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of Apri18, 2002 as presented.
The motion cazried unanimously.
2. Courtesy of the Floor to Visitors:
A. Proclamation declaring the week May 13 -17, 2002 as Nursing
Home Week in Atlantic Beach
Mayor Meserve read the Proclamation in its entirety proclaiming May 13-
17, 2002 as Nursing Home Week in Atlantic Beach. Mayor Meserve
presented the Proclamation to Activities Director Dixie Crctiz for display at
Fleet Landing.
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B. Proclamation declaring the week May 19 - 25, 2002 as Public
Works week in Atlantic Beach
Mayor Meserve read the Proclamation in its entirety proclaiming May 19-
25, 2001 as Public Works Week in Atlantic Beach. Mayor Meserve
presented the framed document to Public Works Drrector Kosoy and
Utilities Director Kaluzniak. Public Works Director Kosoy praised the
work of his dedicated employees and thanked the Mayor for the
recognition.
Dorothy Kerber of 365 First Street spoke concerning Item 8F and
expressed concern regazding potential future utility rate increases.
Joe Gufford of 13966 Sound Overlook Drive N., Jacksonville,
introduced himself and stated that he was a candidate for the District 2
School Boazd Race. Mr. Gufford briefly outlined his campaign platform
and urged those present to feel free to contact him at any time.
J.P. Marchioli of 414 Sherry Drive stated that he opposed any utility rate
increases and suggested a fine of up to $5,000 for littering to offset the
.increased costs for utilities. Mr. Marchioli commented on the recent fire
on Seminole Road and urged residents to purchase fire extinguishers. He
also stated that he would be submitting a petition for stop signs to be
installed on Sherry Drive at 3'u and 6`~ Streets to slow traffic on Sherry
Drive.
Alan Potter of 374 Second Street stated that ten years ago he served on
the Water and Sewer Committee, which established the rate structure
currently used by the city.. Mr. Potter indicated that the current rate
structure was fair and equitable for all the residents of the city.. He felt the
rate restructure analysis should be performed in-house. Mr. Potter
believed the St. Johns River Water Management District did not have
authority to dictate how rates aze set.
Bob Totter of 27511`h Street complimented the city for "recycling" the
shrubbery from the Adele Grage Community Center property to the tennis
courts. Mr. Totter felt the company handling the city's solid waste
collection was very efficient and no additional pick-up of yazd waste was
warranted (Item 3A). He also felt the utility customers outside the city
limits should pay the 5% franchise fee imposed by the City of
Jacksonville, not the city's residents (Item 8F).
Stephen Kuti of l I32 Linkside Drive stated that extra yard waste was
only generated in the fall and spring and an additional pick up was not
needed. Mr. Kuti reported that he had spoken to Matt Carlucci, City of
Jacksonville Council President, concerning billing irregularities for state
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May l3, 2002
and local taxes on his AT & T Broadband monthly statement. He reported
that the Attorney General was now investigating the company's rate
structure.
3. Unfinished Business From the Previous Meetings
A. Report and possible action regarding increasing the frequency
of garbage collection (Comm. Parsons)
Commissioner Pazsons displayed pictures of yard trash which he said were
taken the day after collection, which were taken in all azeas of the city. He
indicated that he would like the Commission to consider adding another
day of yazd trash pick up to eliminate unsightly piles of debris sitting
curbside for a week or more. Commissioner Parson believed the extra
pick up would add $1.86 to each household's monthly bill.
Discussion ensued relative to the actual cost increase. Mayor Meserve felt
an additional pick up would not solve the problem, and indicated that he
did not want to make residents on Sxed incomes pay forsomething that
was not needed.
Commissioner Bomo agreed with the Mayor, and indicated that he needed
more information on the additional costs.
After a brief discussion it was determined that more information on the
.related costs for the additional service was needed before taking any
action on the request.
B. Award contract for Core City Improvements pursuant to the
specifications of Bid No. 0102-13
Motion: Award contract to Petticoat Contracting in the
.amount of $4,811,777 for the Core City Improvements
pursuant to the specifications of Bid No. 0102-13.
Public Works Director Kosoy explained that Jensen Civil Construction's.
bid was $1.5 M higher than its previous bid.. He indicated that Petticoat.
Contracting's bid had increased slightly since all the cost of dewatering
was made incidental to all utility and drainage construction and due to the
increased costs of PVC pipe.
A brief discussion ensued with Commissioner Bomo inquired regazding
the staging azea for the project. Utility Director Kosoy indicated that it
had not been chosen yet... Public Works Director Kosoy's Staff Report
dated May 9, 2002 concerning the bid analysis is attached and made part
of this official record as Attachment A.
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There was no fiulher discussion and the motion tamed unanimously..
C. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson commented on each item of his written report,
which is attached and made part. of this official record as Attachment B.
Workshop for Budgeting of the Half Cent Sales Tax
It was the consensus of the Commission to hold the Workshop on
Monday, July 1, 2002 at 5:00 p.m. in the Commission Chambers.
4. Consent Agenda:
A. Acknowledge receipt of the following reports for April
2002: Building Department Activity Report, New
Occupational Licenses, Public Works Status Report,
Recreation Department Report facility usage report and
Utility Sales Report (City Manager)
B. Award contract to Gruhn May, Inc. in the amount of
$24,8'76.50 for Park Terrace East water line replacement
pursuant to the specifications of Bid No. 0102-14 and
authorize the City Manager to sign the contract
documents.
Motion: Approve Consent Agenda Items A and B as
presented..
Commissioner Waters inquired if the newly paved streets would be
dug up for the water line replacement. Utility Director Kaluzniak
indicated that the work would not require digging in the streets.
Commissioner Beaver thanked Utility Director Kaluzniak for saving
the city $10,000 by designing the project in-house.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 02-09
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH URGING CITIZEN SUPPORT FOR A DRIVE
TO MAKE OUR CITY A LEADER IN THE HIGHEST
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PERCENTAGE OF CITIZENS REGISTERED TO
VOTE AND PARTICIPATING IN THE NOVEMBER
2002 ELECTIONS IN DUVAL COUNTY
Motion: Adopt Resolution No. 02-09.
Mayor Meserve indicated that the Resolution was made in response to
a challenge by the City ofNeptune Beach to see which city would
have the most registered voters.
There was no discussion and the motion carried unanimously.
B. Resolution No. 02-10
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SCHEDULING THE TIME AND
PLACE FOR A PUBLIC HEARING ON A PROPOSAL
TO LEVY A SPECIAL ASSESSMENT FOR WATER
LINES, STORM WATER IMPROVEMENTS AND.
STREET IMPROVEMENTS IN SELVA MARINA
UNITS 10,10-A, 10-B. 10-C, 11, 12, 12-A, 12-B, AND 12-C
REPEAT AND PROVIDING AN EFFECTIVE DATE
Motion: Adopt Resolution No. 02-10.
It was explained that the date needed to be set to hold the public
hearing. It was the consensus of the Commission to hold the public
hearing at the Atlantic Beach Elementary School on Monday, July 8,
2002.
Commissioner Borno, who chaired the Selva Manna Streets
Committee, requested that a tabulation of the results and technical
data be provided for the owners of the property to be assessed.
There were no further comments and the motion carried unanimously.
7. Action on Ordinances:
There was no action on ordinances.
8. Miscellaneous Business:
A. Appointments to the Cultural Arts Board (3) (Mayor).
Mayor Meserve nominated the three members whose terms expired in
April, for reappointment to interim terms on the Cultural Arts Board
pending Commissioner Borno's report regarding the future of the board.
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May 13, :2002
Motion: Reappoint Eloise Koerber, Kathleen Smith
Beaudreau and Janelle Wagoner to interim terms on the
Cultural Arts Board.
There was no discussion and the motion carried unanimously.
B. Public Hearing and action on a request for ause-by-exception
filed by Merv and Theresa Russell to permit uses including
general construction contractor, welding, fence assembly,
electrical, air conditioning, plumbing and irrigation
contractors, cabinet shop, warehousing and general assembly
on property located at 589 West 14th Street zoned Commercial
General (CG) (City Manager)
Motion: Accept the recommendation of the Community
Development Board and grant ause-by-exception to Merv
and Theresa Russell to allow various uses including
general construction contractor, welding, fence assembly,
electrical, air conditioning, plumbing and irrigation
contractors, cabinet shop, warehousing and general
assembly on property located at 589 West 14`h Street
zoned Commercial General (CG). (Subject to the
following: (1) all equipment, materials, and business
activities shall be maintained within the enclosed building;
(2) lighting shall be directed on site, and shall not
illuminate adjacent residential properties; (3)all business
activities and cpmmercial deliveries shall be limited to the
hours between 6:00 am and 7:00 pm; and (4) subject to
approval of the Public Works Director, a landscape buffer
shall be installed along the south property line between the
fence and the edge of pavement. Such buffer shall consist
of plant materials, which shall form a continuous
evergreen hedge).
Community Development Director Doerr explained the request while
showing videos of the subject property and adjoining neighborhood.
Mayor Meserve opened the public hearing. No one spoke for or against
the use-by-exception and the Mayor closed the public hearing.
Commissioner Parsons felt hours for business operations should be limited
to Monday through Friday so as not to interfere with the adjacent
residential and church activities on the weekends.
Discussion ensued and Mr. Russell stated that he would like to be able to
operate until noon on Saturdays.
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:May 13, 2002
Commissioner Beaver requested that tree mitigation for the site be
monitored. Mr. Russell indicated that he was negotiating with the Tree
Board concerning the buffer and other plantings.
Amendment to the motion: Limit the hours of operation "
on the weekend to 6:00 am until 12:00 noon on Saturdays.
There was no further discussion and the amendment to the motion and
motion carved unanimously.
C. Public Hearing and action on a request for ause-by-exception
filed by Billy and Aileena Witt to allow an automotive service
and repair business at 1198 Mayport Road on property zoned
Commercial General (CG) (City Manager)
Motion: Accept the recommendation of the Community
Development Board and approve the use-by-exception filed by
Billy and Aileena Witt to allow an automotive service and
repair business at 1198 Mayport Road on property zoned
Commercial General (CG).
Community Development Director Doerr explained the conditions
recommended by the Community Development Boazd to allow operation
of an automotive service and repair business.
Mayor Meserve opened the public hearing.
Brenna Durden, representing the Witts, owners of Beach Buggies and 4 x
4's, indicated that they had agreed to the conditions placed on the property
and would also like approval for tow trucks to make deliveries to the site
at night. She indicated that this might happen ten to twelve times a month.
Discussion of nighttime deliveries ensued. Commissioner Bomo felt that
this would be covered if the conditions placed on the property by the
Community Development Boazd were included in the motion.
Amendment to the motion: Include the conditions
recommended by the Community Development Board as
follows: (1) All equipment, materials, and business activities
shalt be maintained within the enclosed building; (2) no more
than three customer vehicles and one operator-owned vehicle
shall be parked or stored on the site on weekends or at night
after normal business hours; and (3) no derelict, junk,
.abandoned or inoperable vehicle of any type shall be
maintained in any exterior location on this site at any time.
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May 13, 2002
There being no further comments, the Mayor closed the public
hearing.
The amendment to the motion and motion carried unanimously.
D. Request from Selva Norte Homeowners Association for
city water on four medians
City Manager Hanson explauied that the Selva Norte Homeowners
Association had requested the city waive or reduce the cost of
installing a water meter to provide irrigation for four medians located
on 20`~ Street, Selva Marina Drive and Mipaula Court.
It was reported that previously the Homeowners Association had
requested support for the beautification of the medians under the
city's Public Beach Access Beautification Program, but were turned
down by the Beautification Committee since the medians were not
beach access points..
City Manager Hanson pointed out that in recent years the only
projects approved for use of city water for irrigation were beach
accesses, but in the prior year; various projects were approved for
irrigation, which were not beach accesses. A list of those projects is
included with the Staff Report dated Apri125, 2002, which is attached
and made part of the official record as Attachment C.
City Manager Hanson further explained that the St. Johns River
Water Management District (SJRWMD) had advised the city to
increase its conservation measures and discourage the use of city
water for irrigation in the future.
City Manager Hanson recommended'that the city prohibit the use of
city water for future median or beach access projects if other
resources were available. He then provided options for consideration
with this request, and suggested that if in the future, the Commission-
wanted the city to be involved in median landscaping projects,
consideration should be given to rewriting the current Beach Access
Beautification Program guidelines to include options for those types
of landscaping projects.
Discussion of the request ensued. Commissioner Pazsons stated he
would like to move forwazd with the project and indicated that the
neighbors would allow connection to their existing well-fed irrigation.:
system. He felt the city should provide monetary support for the
project in the form of a reimbursement grant.
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Commissioner Bomo supported the project, but felt a shallow well
should be installed for the irrigation system. He stated that he did not
object to the installation of a "Selva Norte" sign, but felt a "Welcome
to Selva Norte" sign was inappropriate.
Commissioner Beaver indicated that a shallow well would need a
power source and he would prefer that the medians be connected to
an existing private well. He felt the entire program should be
addressed, including beach accesses and medians.
Commissioner Waters felt no "Welcome" sign should be placed on
city property. He felt the major roads within the city and the beach
accesses, which were used by all residents, deserved city attention,
but other requests may "open a Pandora's box" for the city.
Mayor Meserve agreed with Commissioner Waters in that the request
caused a precedent setting problem. He felt that a systematic
approach would be to address the rules and guidelines first. Mayor
Meserve requested staff to bring back their recommendations for a
policy to handle this type of request. He also felt the Homeowners
Association request needed to be more defined in order to determine
the costs.
It was the consensus of the Commission to have staff bring back their
recommendations for a policy to handle this type of request.
E. Authorize the Police Department to submit an application
for Federal Byrne State and Local Law Enforcement
Assistance Formula Grant (City Manager)
Motion: Authorize the Police Department to submit an
application for Federal Byrne State and Local Law
Enforcement Assistance Formula Grant.
There was no discussion and the motion carried unar-imously.
F. Authorize the City Manager to negotiate and sign a
contract to perform a water and sewer utility rate.
structure analysis (City Manager)
Motion: Authorize the City Manager to negotiate and sign
a contract to perform a water and sewer utility rate
structure analysis.
City Manager indicated that the study involved many variables and
the city did not possess the expertise to model all of them. He
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May 13, 2002
indicated that he would like to hire a consultant with a software
program to model all of the different scenarios accurately.
The City Manager further reported that the SJRWMD required the
City to implement water conservation measures and they could
revoke the city's consumptive use permit if the changes were not
implemented. -
Commissioner Borno felt hiring a consultant would be the most
efficient way to obtain concise results.
Mayor Meserve inquired if such a consulting company would have
contact with the SJRWMD to make sure the city's study was going in
the right direction.
City Manager Hanson responded that he hoped the company selected
would be knowledgeable of other cities across the state who had
adopted water conserving rates approved by their respective water
management districts. He felt this requirement could be included as
part of the evaluation ranking criteria.
Following brief discussion regarding whether the study could be done
in-house, the motion carried by a three to two vote with
Commissioners Beaver and Bomo and Mayor Meserve voting aye
and Commissioners Waters and Parsons voting nay.
9. City Manager
In addition to his written report, which is attached and made part of
this official record as Attachment D, City Manager Hanson reported
on the following items:
• Reported on the destructive fue of undetermined origin at
Tideviews Preserve, which destroyed approximately 115 feet
of boardwalk and melted a recycled plastic park bench.
Photographs of the damage were displayed on the new A/V
System.
Introduced Gregory T. Nettuno of GAI Consultants who
provided a preliminary plan for public involvement during the
Core City Improvement Project. A draft copy of the plan is
attached and made part of this official record as Attachment
E. The company will provide construction management for
the city during the project.
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Commissioner Beaver suggested that information concerning
the project be e-mailed to as many affected residents as
possible.
• Reported that due to more stringent testing and quality control
standazds, future lab testing would be contracted out. There
were no Commission objections to the change recommended
by Utility Director Kaluzniak.
• Reported that there appeared to be no immediate resolution
for the problems experienced with the AT & T Broadband
franchise agreement. He indicated that the City of
Jacksonville had filed suit against the company due to its poor
customer' service. City Manager Hanson suggested that the
city join with the City of Jacksonville to engage the services
of Attorney Matthew Leibowitz, an expert in cable franchise
agreement negotiations, to obtain the best protection for
Atlantic Beach citizens. The blended rate for his law firm was
reported to be $200 per hour. The Commission concurred
with the recommendation.
• Reported that the backlog of Building Department Plan
Reviews caused by implementation of the new Florida
Standazd Building Code had been caught up. City Manager
Hanson commended Building Official Ford for his hazd work
to bring this about.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
• Reported on the Adele Grage Community Center fundraiser
(Demolition Party) held on Saturday, May l la', :and thanked
staff for their assistance with the party.
• Thanked Jacksonville Beach Commission Member Art
Graham for the wonderful Mother's Day concert at the
Seawalk Pavilion.
Commissioner Borno
• Thanked the Public Works Department for their work, which
was evident throughout the city.
• Suggested the use of reusable speed bumps on Sherry and
Sailfish Drives.
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Commissioner Waters
• Stated he would like to discuss the second block of Ocean
..Boulevard at a workshop meeting.
• .Inquired as to how to satisfy the Mazsh Oaks Neighborhood
Association's wish list.
Mayor Meserve suggested that it be included and evaluated in
the city's. strategic plan.
City Manager Hanson indicated that several of the items on
the list were already completed.
• Reminded the Commissioners that Dancing in the Street
would be held on Saturday, May 18, 2002.
Mayor Meserve
• Reported that the Metropolitan Planning Organization (MPO)
had committed $125,000 for the design of medians on
Mayport Road.
• Reported that the negotiations with the Post Office to open the
entrance from Plaza were continuing.
• Reported that after reading correspondence from Aage
Schroeder, District Manager of the Florida Department of
Transportation, he did not feel the FDOT would lower the
speed limit on Mayport Road.
There being no further discussion or business to come before the City
Commission, the Mayor declazed the meeting adjourned at 9:40 p.m.
Attest:
John Meserve
Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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