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, SEPTEMBER 9, 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 Mayor Meserve was followed by the Pledge of Allegiance to the
Flag.
Approval of the minutes of the Regular Commission meeting of
August 26, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of August 26, 2002 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
A. Proclamation -A Day to Remember
Mayor Meserve read the proclamation in its entirety and asked that the
citizens of Atlantic Beach remember those who lost their lives in the
terrorist attacks on September 11, 2001.
Sally Clemens of 1638 Park Terrace West spoke on the following items:
(1) Quoted from a newspaper article in Shorelines relative to the city
providing water and sewer service to the Navy base and expressed concern
for increased costs associated with preparing the RFP, hiring additional
personnel to provide the service and handling of hazazdous materials if the
city provided the services, (2) Supported walking patrols in the Town
Center and Marsh Oaks areas as a way for police officers to get to know
the city's residents, and (3) Opposed the increased fees proposed in Items
7D, 7E and 7F as being intrusive.
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September 9, 2002
Alan Potter of 374 Second Street reiterated his previous position
concerning awarding a contract to Gnilm May in the amount of
$127,598.25 for Lift B force main upgrade (Item 3C). Mr. Potter felt the
benefit received from the proposed upgrade was not worth the money
being spent. He felt awarding the bid was fiscally irresponsible and
demonstrated poor engineering.
Bob Totter of 275 l1`h Street requested that a contact telephone number
for the Core City Project be included in the Tideviews newsletter. Mr.
Totter also compazed the percentage of taxes paid to Duval County, the
City of Atlantic Beach and the School District and inquired as to what the
county provided to the city. He suggested a revival of "Ocean County"
for the four beaches cities.
J.P. Marchioli of 414 Sherry Drive indicated that there were rocks and
limestone in front of his home from the construction of Sherry Drive and
requested Sherry Drive be swept by the street sweeper. He also felt that.
an article should be included in the newsletter informing the residents of
Atlantic Beach that the final paving of Sherry Drive will take place after
completion of the Core City Project.
Valda Hector of 387 Skate Road stated that she did not understand why
the city was preventing her from moving into her home. It was explained
that work had been performed on the house and a shed had been
constructed in the rear yard without building permits. When those items
were corrected, Mrs. Hector would be allowed to move into the house.
City Manager Hanson asked Mrs. Hector to call him the following day to
set up an appointment to resolve the problem.
3. Unfinished Business from previous meeting
A. City Manager's Follow Up Report on Issues from Previous
Meetings
Naval Station Mayport Water/Sewer Services
City Manager Hanson reported that the Navy had unbundled the bidding
process for water and sewer service for the Mayport base from
NAS Jacksonville, which would allow the city to prepare a proposal to
provide the water and sewer service for Mayport. It was further reported
that the proposals were due in June of 2003, and the city would move
forward to select a consultant to assist with a recommendation before any
further action is taken.
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September 9, 2002
B. Action on the request of Fletcher Band for a donation to assist
with their trip to the Fiesta Bowl
Commissioner Waters reported that he had spoken with Elaine Mann,
Principal at Fletcher High School, and she indicated that the Band Director
was very interested in the city's suggestions for a fundraiser.
Commissioner Waters indicated that the Band Director would be
contacting him and he would report back to the Commission.
C. Award a contract to Gruhn May in the amount of $127,598:25
for Lift Station B Force Main Upgrade pursuant to the
reduced scope of work in Bid No. 0102-17 (Rebid)(City
Manager)
Motion: Award a Contract to Gruhn May in the amount of
$127,598.25 for Lift Station B Force Main Upgrade Pursuant
to the reduced scope of work in Bid No. 0102-17 (Rebid).
Utility Director Kaluzniak explained the project as written in her staff
report dated August 30, 2002, which is attached and made part of this
official record as Attachment A.
Discussion ensued and Commissioner Waters felt the city should have
obtained a cost to run the line down Plaza /Sandpiper Lane to Donner
Road before making any decision.
Motion: Postpone action on Item 3C to a time certain after a
workshop is held.
The motion was lost for lack of a second.
Discussion ensued and Mayor Meserve stated that the city had studied the
project for some time and should move ahead following the engineer's
recommendation for this phase of the construction.
There was no further discussion and the motion carved by a four to one
vote with Commissioners Beaver, Bomo and Parsons and Mayor Meserve
voting aye and Commissioner Waters voting nay.
4. Consent Agenda:
A. Acknowledge receipt of the following monthly reports:
Occupational Licenses, Public Safety and Public Works
(City Manager)
B. Authorize the Mayor to sign Certificate of Acceptance of
Subgrant for the Byrne Formula Grant Program
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September 9, 2002
D. Reject the sole bid received for Aerated Sludge Holding
Tank at Wastewater Treatment Plant No. 2 (Bid No. 0102-
- 22) and authorize staff to rebid the project
E. Award a contract for design/build replacement of diesel
fuel storage tanks at Wastewater Treatment Plant No. 1
(RFP and Bid No. 0102-23) to Phoenix Products in the
amount of $29,600.00 (City Manager)
F. Acknowledge receipt of NPDES Annual Report and
authorize the City Manager to sign the certification
documents (City Manager)
Mayor Meserve requested that Item 4C be removed from the Consent
Agenda for further discussion.
Motion: Approve Consent Agenda Items A, B, and D-F as
presented.
The motion tamed unanimously.
C. Authorize staff to negotiate a contract for Phase I of the
Cooperative Beaches Utility Plan with Stone, Joca &
Mahoney. If a satisfactory price cannot be negotiated,
authorize staff to negotiate with the second most qualified
firm, Hartman & Associates (City Manager)
Utility Director Kaluzniak reported that this plan had come about as
part of the city's strategic planning priorities to investigate'ways for
the three beach cities to work together on various projects to their
mutual advantage. It was explained that Phase II of the plan included
long tenn goals and would be contingent upon the successful
implementation of Phase L
Motion: Authorize staff to negotiate a contract for Phase I
of the Cooperative Beaches Utility Plan with Stone, Joca &
Mahoney. If a satisfactory price cannot be negotiated,
authorize staff to negotiate with the second most qualified
firm, Hartman & Associates.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
Action on Resolutions:
6. Action on Resolutions
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September 9, 2002
There were no Resolutions.
7. Action on Ordinances:
A. Ordinance No. 60-02-12 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES, WHICH GENERALLY AND
SPECIFICALLY REGULATES SIGNS AND ADVERTISING
STRUCTURES WITHIN THE CITY OF ATLANTIC BEACH. _
SUCH REGULATIONS SHALL BE ADOPTED BY
REFERENCE AS CHAPTER 17 OF THE CODE OF
ORDINANCES AS PREVIOUSLY ADOPTED THROUGH
ORDINANCE NUMBER 60-97-10 AND SHALL CONTAIN
SIX ARTICLES: ARTICLE I, IN GENERAL; ARTICLE II,
DEFINITIONS; ARTICLE HI, SIGNS PERMITTED;
ARTICLE IV, CAUSE FOR REMOVAL OF SIGNS,
ABANDONED SIGNS AND PROHHiITED SIGNS; ARTICLE
V, NONCONFORMING SIGNS AND WAIVER TO CERTAIN
PROVISIONS AND ARTICLE VI, SIGN PERMITS. THIS
ORDINANCE ALSO PROVIDES FOR FINDINGS OF FACT,
SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES OR PORTIONS THEREOF, AND PROVIDES
FOR AN EFFECTIVE DATE
Mayor Meserve presented in full, in writing, Ordinance No. 60-02-12.
He opened the floor for a public hearing and invited comments from
the audience.
J.P. Marchioli of 414 Sherry Drive felt that construction signs
would not be able to comply with the requirements of the new
ordinance.
No one else spoke for or against the ordinance and the Mayor closed
the public hearing.
Motion: Approve Ordinance 60-02-12 on final reading.
Commissioner Beaver stated that many difficult decisions had been
made during the revision process and he felt it was a good ordinance.
Community Development Director Doerr summarized the changes to
the ordinance.
Commissioner Waters also believed it was a good ordinance but did
not favor the change to Sec. 17-3 (b) (1) and (2) to allow six (6)
square foot signs.
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September 9, 2002
Mayor Meserve felt the eight feet height limitation on signs was too
restrictive and would cause a visibility problem.
There was no further discussion and the motion carried unanimously.
B. Ordinance No. 90-02-176 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING ORDINANCE NUMBER 90-O1-172,
CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SECTION 24-66,
DEVELOPMENT AND CONSTRUCTION WITHIN
ZONING DISTRICTS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
DATE
Mayor Meserve presented in full, in writing, Ordinance No. 60-02-12.
He 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.
Motion: Approve Ordinance 90-02-176 on final reading.
Commissioner Bomo thanked staff for developing an ordinance to
regulate PODS.
Commissioner Parsons inquired if the City Manager wanted the
responsibility of issuing time extensions relative to the use of PODS.
City Manager Hanson responded that he had no problem with
granting the extensions.
Commissioner Beaver suggested that companies supplying PODS be
informed of the city's new ordinance.
There was no further discussion and the motion carried unanimously.
C. Ordinance No. OS-02-38 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VII, DIVISION 4, SEC. 2-368, FEES AND
CHARGES, PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE
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September 9, 2002
Motion: Approve Ordinance No. OS-02-38 on first
reading.
Mayor Meserve indicated that the public hearing and final reading of
the ordinance would take place September 23, 2002.
There was no discussion and the motion carried unanimously.
D. Ordinance No. 90-02-177 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, TO ADD NEW
SECTION 24-69, FEES, PROVIDING FOR
RECORDATION, AND PROVIDING AN EFFECTIVE
DATE
Motion: Approve Ordinance No. 90-02-177 on first
reading.
Mayor Meserve indicated that the public hearing and final reading of
the ordinance would take place September 23, 2002.
There was no discussion and the motion carried unanimously.
E. Ordinance No. 25-OZ-33 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 6,
BUILDING AND BUILDING REGULATIONS,
ARTICLE III, ELECTRICAL CODE, SEC. 6-37, SAME-
FEES; AMENDING ARTICLE IV, PLUMBING CODE,
SEC. 6-59, SAME-FEES; AMENDING ARTICLE V,
MECHANICAL CODE, SEC. 6-77; INSPECTION FEES;
AND PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. 25-02-33 on first
reading.
Mayor Meserve indicated that the public hearing and final reading of
the ordinance would take place September 23, 2002.
There was no discussion and the motion carried unanimously.
F. Ordinance No. 80-02-65 Introduction and First Reading
AN ORDINANCE OIF THE CITY OF ATLANTIC
BEACH, FLORIDA, INCREASING THE MONTHLY
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September 9, 2002
STORMWATER UTILITX FEE BY AMENDING
CHAPTER 22, UTILITIES, ARTICLE IV,
STORMWATER MANAGEMENT, DIVISION 2, RATES
AND CHARGES, SECTION 22-335, FEES; PROVIDING
FOR INTENT; PROVIDING FOR THE ADOPTION OF
ANEW RATE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE
Motion: Approve Ordinance No. 80-02-65 on first
reading.
Mayor Meserve indicated that the public hearing and final reading of
the ordinance would take place September 23, 2002.
Commissioner Waters explained the original intent for charging a
stormwater fee, and pointed out the increased fee would not provide
adequate funding for the city's stormwater needs.
Commissioner Bomo felt the stonnwater utility should stand alone
and operate with a balanced budget. He suggested that consideration
be given to include stormwater management in the city's millage rate
and do away with the separate fee.
Discussion ensued and Commissioner Waters suggested that a
committee be appointed to study this matter.
There was no more discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Approve renewal of the City's insurance, effective October 1,
2002, as recommended by staff (City Manager)
Motion: Approve renewal of the City's insurance, effective
October 1, 2002, as recommended by staff.
Commissioner Waters inquired concerning the need for flood and
terrorism insurance and stated that. he thought this type of insurance was
not needed since catastrophic damages would be covered by reserves.
Discussion ensued concerning the need for flood and terrorism insurance.
Human Resources Manager George Foster indicated that he would obtain
quotes for this type of insurance, do a cost/benefits analysis and bring
back his findings at a later date. He indicated that he may recommend not
purchasing this type of insurance, but before doing so, he wanted to know
exactly what the Federal Government would cover in the event of a
disaster.
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September 9, 2002
The motion carved unanimously.
B. Authorize staff to draft an ordinance to implement a Deferred
Retirement Option Plan (DROP) for the General Employee
and Police Officer pension plans (City Manager)
Motion: Authorize staff to draft an ordinance to implement a
Deferred,Retirement Option Plan (DROP) for the General
Employee and Police Officer pension plans.
There was no discussion and the motion carried unanimously
C. Approve changing the pay date for General Employee retirees
from the 15th of each month to the first of each month and
changing the method of payment from retrospective to
prospective (City Manager)
Motion: Approve changing the pay date for General Employee
retirees from the 15th of each month to the first of each month
and changing the method of payment from retrospective to
prospective.
City Manager Hanson explained that this change was mandated by State
Statute for Police Officers and he proposed to implement the change for
all retirees.
There was no discussion and the motion carried unanimously.
D. Authorize staff to draft an ordinance to implement Section 185
mandated benefits for the Police Pension Plan (City Manager)
Motion: Authorize staff to draft an ordinance to implement
Section 185 mandated benefits for the Police Pension Plan.
There was no discussion and the motion carved unanimously.
E. Effective October 1, 2002, adjust the pay of the City Clerk
using the class cation as provided by the October 2001 pay
study, using the same procedures and pay increase as provided
to all other city employees (City Manager)
Motion: Effective October 1, 2002, adjust the pay of the City
Clerk using the classification as provided by the October 2001
pay study, using the same procedures and pay increase as
provided to all other city employees.
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September 9, 2002
Commissioner Bomo commended City Clerk King for her work and the
assistance provided by her office. Mayor Meserve concurred and stated
that Commission appreciated the services to the city provided by the
Clerk's office.
There was no discussion and the motion carried unanimously.
9. City Manager
City Manager Hanson reported on the following items:
:• Distributed humcane re-entry passes to the Commissioners
and indicated they were for the use of city staff and elected
officials.
• Reported that the 5:15 p.m. Special Called Meeting for the
budget hearing on September 16a' would be followed by a
Workshop Meeting to discuss the Stormwater Master Plan and
beach access parking.
Commissioner Beaver
:• Commended Community Development Director Doerr and
other staff members for their hard work on the recent
ordinances adopted by the city, and in particular the sign
ordinance.
• Stated that he would distribute copies of the new sign
ordinance to the Neptune Beach Councilors in hope they
would adopt similar regulations.
Commissioner Borno
• Suggested that the city contact Clyde Bailey, who recently
retired and knows the Navy base water and sewer systems, to
assist the city in preparing its proposal to provide water and
sewer services to the base.
• Commented on a letter from Colonel Gibbs commending Lt.
Henry Bartle and Officers Perry, Cameron and Harding for
their work in saving his mother's life.
• Referenced a letter from the Marsh Oaks Homeowners
Association and suggested that an on-demand only push-
buttonpedestrian crossing light be installed at the west turn
lane from Mayport Road to Atlantic Boulevard to help
pedestrians cross Mayport Road.
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September 9, 2002
Commissioner Parsons
•: Reminded everyone to vote in tomorrow's Primary Election.
• Concurred with Commissioner Waters relative to forming a
committee to study the stormwater fee structure.
Commissioner Waters
• Commented that the Town Center area still flooded and was
experiencing problems with transients and inquired if the
present lighting was adequate.
Director Thompson reported that adequate lighting was a
deterrent to crime, but the crime rate was low in Town Center.
He further reported that transients could not be arrested unless
they were breaking the law.
•: Inquired concerning the status of construction at the Adele
Grage Cultural Center. City Manager Hanson indicated that
the work was on schedule.
Commissioner Beaver
• Reported that a meeting was being held on Friday, September
13` to plan the final fund-raiser for the Adele Crrage
renovations.
Mayor Meserve
•3 Felt transients were becoming more of a problem at the
beaches and stated that he would discuss the problem with the
other beach Mayors.
:• Reported that the Mayport Road comdor study would be
discussing location of islands and addressing bike and
pedestrian safety.
•:• Reminded the Commissioners that the City Manager's salary
and performance evaluation were due and approval of his
salary would be on the next agenda.
10. Reports and/or requests from City Commissioners and
City Attorney
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There was no further discussion or business to come before the City
Commission and the Mayor declared the meeting adjourned at 9:00
p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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