Minutes - 02-12-01MINUTES 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 12, 2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Meserve 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 Meeting held
January 22, 2001
The minutes were unanimously approved as presented.
2. Courtesy of the floor to visitors:
Craig Burkhart, representing Beaches Habitat, reported concerning
the construction of Habitat homes on Jasmine Street at the site of an old
landfill. Mr. Burkhart reported that water samples taken on the site met
state and federal standards for water quality. He further reported that the
overburden found on the first two lots would be removed to EPA
standards and replaced with fill. Mr. Burkhart indicated it was their
intent to begin with the first two lots and see if it was economically
feasible to continue working with the remaining lots.
Nancy White of 1729 Seminole Road spoke in opposition to the city
purchasing the Pic `N Save building. She felt the purchase price was to
high and that maintenance and insurance on the building would be too
costly. She felt the Better Jacksonville money the city will receive
would be better spent on infrastructure projects.
Jessica Sale of 2238 Beachcomber, Secretary to the Teen Council,
spoke in support of the purchase of the Pic `N Save building as a place to
stage the Teen Council's indoor events.
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February 12,.2001
Pat Pillmore of 995 Camelia Street suggested that a pazking
garage/multi-purpose facility be built at the Pic `N Save site.
As a former member of the Community Development Boazd, she
believed the city granted permission for the rental properties on Beach
Avenue by approving their construction and/or renovation.
Presentation of Proclamation supporting National Child Passenger
Safety Week and Buckle Up Florida
Mayor Meserve read the Proclamation in its entirety supporting National
Child Passenger Safety Week and Buckle Up Florida. The proclamation
was given to Chief Thompson who briefly spoke on the importance of
using seat belts and child safety seats to reduce injuries and fatalities in
crashes.
Commissioner Mitchelson suggested that a resolution be drafted
supporting of the use of seat belts and child safety seats and making it a
primary offense against adults not using seat belts. It was the consensus
of the Commission to draft the resolution and send a copy to the Duval
Legislative Delegation.
3. Unfinished Business from Previous Meeting
A. Follow-up report from the regular meeting of January 22,
2001 (City Manager)
City Manager Hanson commented on the following matters:
Barking Dog Complaints - 639 Aquatic Drive
• Recapped the events as listed in his memo and stated that the
Police Department would continue to monitor the situation, but
there was little recourse as long as Mr. Nordby declines to sign
an affidavit attesting to the violation.
Pic `N Save Property
• Reported that the owners of the property were aware of the
potholes in the parking lot.
Stormwater Drainage Requirements
• Reported concerning a discussion on Stormwater drainage at a
previous workshop and indicated that after investigation, he
believed the city had adequate Stormwater drainage regulations for
new subdivisions, but did not have adequate regulations to control
drainage when older structures were being rebuilt or remodeled.
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February 12, 2001
He stated that he would prepare an ordinance addressing this
matter for the next agenda.
4. Consent Agenda
Commissioners Beaver and Mitchelson requested that Items B and G
respectively, be removed from Consent Agenda for discussion.
A. Acknowledge receipt of monthly reports from Occupational
License, Public Works, and Recreation Departments (City
Manager)
C. Approve the purchase of a New Holland Backhoe pursuant to
the specifications. of Bid No. 0001-7 at a cost of $46,678.00
including extended warranty, and declare surplus 1986 JCB
backhoe and approve trade in against purchase of New
Holland (City Manager)
D. Award contract to Commercial Sheet Metal Systems, Inc., for
steel beam replacement at the Public Works Building
pursuant to the specifications of Bid No. 0001-8, at a cost of
$15,500 (City Manager)
E. Extend contract with R.L. Lawrence Construction for
concrete repairs, for one year (City Manager)
F. Extend contract with Tom's Asphalt Repairs, Inc., for asphalt
repairs for one year (City Manager)
H. Award contract to SunState Enclosures, Inc. in the amount of
$80,578.00 for CDBG housing rehabilitation at six locations
pursuant to the specifications of Bid No. 0001-4 (City
Manager)
I. Authorize the Mayor to sign transmittal form for the Annual
Local Government Financial Report (City Manager)
Motion: Approve Consent Agenda Items A, C-F, H and I
as recommended.
There was no discussion and the motion carried unanimously.
B. Reject all bids received under Bid No. 0001-9 for Dutton
Island improvements and authorize staff to modify the
specifications and rebid the project (City Manager)
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February 12, 2001
Motion: Reject ali bids received under Bid No. 0001-9 for
Dutton Island improvements and authorize staff to modify the
specifications and rebid the project..
Commissioner Beaver stated he was disappointed in the design provided
by Landers-Atkins. since they were instructed to design the park keeping
in mind a budget of $250,000 for the project. The lowest bid submitted
was $580,260. He felt they had not done their job properly.
City Manager Hanson pointed out several cost estimate errors and
explained that staff will modify the plans to get the costs down. It was
expected that Landers-Atkins would provide additional design work at no
additional cost to the city.
Commissioner Waters inquired as to why the city could not use the
existing water well on the island. Chief Thompson explained that the
history of the well was unknown and the St. Johns River Water
Management District (SJRWMD) required that it be capped.
There was no fixrther discussion and the motion carried unanimously.
G. Extend contract with Leachem Industries for the purchase of
polymer for one year (City Manager)
Motion: Extend contract with Leachem Industries for the
purchase of polymer for one year.
Commissioner Mitchelson inquired if there would be any savings if the
city piggybacked on the City of Jacksonville bid for polymer.
Utility Director Kaluzniak explained that polymer used for dewatering
sludge, was an individual thing and the product and price from Leachem
Industries was good. It was further explained that the City of
Jacksonville used a different type of polymer than the City of Atlantic
Beach.
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
A. Kim Armstrong, First Night Steering Committee
Kim Armstrong, Executive Director of First Night Programs for the city,
stated that she had received a great deal of public interest in the program
and reported that a Boazd of Directors was in place. Ms. Armstrong
indicated that a meeting for volunteers would be held February 21 ~`, the
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February 12, 2001
paperwork for the 501 (c)(3) plan was neazly completed, and the
fundraiser was being planned for Saturday, May 12th aboard the St. John's
River ferry.
6. Action on Resolutions:
A. Resolution No. 01-04
A RESOLUTION HONORING DETECTIVE ROBERT E.
JACKSON FOR HIS TWENTY-FIVE YEARS OF SERVICE
AS AN OUTSTANDING POLICE OFFICER FOR THE
CITY OF ATLANTIC BEACH (City Manager)
Motion: Adopt Resolution No. 01-04 honoring Detective
Robert E. Jackson fortwenty-five years of outstanding service
to the City of Atlantic Beach.
It was reported that after retiring, Detective Jackson had moved to
Georgia and would not be present. The framed resolution will be
forwarded to him.
The motion carried unatvmously.
7. Action on Ordinances:
A. Ordinance No. 80-O1-63 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, UTILITIES,
ARTICLE I, IN GENERAL, ADDING SECTION 22-4.
AUTHORITY TO ADJUST CHARGES IN APPROPRIATE
CASES; ADDING SECTION 22-5. ACCOUNTS
RECEIVABLE WRITE-OFFS, PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 80-01-63 on first reading.
Commissioner Mitchelson inquired concerning the dollar amounts to be
written-off.
City Manager Hanson briefly explained the procedure and dollar amounts
to be written-off, as recommended by the city's auditors to provide for
write-offs of past due accounts receivable.
The final reading and public hearing will be held on February 26th
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There was no discussion and the motion carried unanimously.
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February 12, 2001
8. Miscellaneous Business:
A. Approve Accounts Receivable Collections and Write-off
Policies and Procedures (City Manager)
Motion: Approve accounts receivable collections and write-off
policies and procedures.
City Manager Hanson briefly explained the proposed policies and
procedures and stated that the city would be requesting proposals from
collection agencies to aid the city. in effectively working accounts in a
timely manner to reduce write-offs.
Commissioner Mitchelson inquired if the procedures included any
provision for adjustments due to water leaks. It was explained that the
computer program had built-in high and low limits and if a leak was
suspected, the customer could be contacted directly or a door hanger
used.
There being no further discussion, the motion carried unanimously.
B. Action on an application for aUse-by-Exception filed by G.B.
& M. Enterprises to provide cremation services at 157 Levy
Road, zoned Industrial Light and Warehousing (ILW) (City
Manager)
Motion: Accept the recommendation of the Community
Development Board and approve the use-by-exception filed
by G.B. and M. Enterprises to provide cremation services at
157 Levy Road on property zoned Industrial Light
Warehousing (ILW). (Subject to the conditions that the
applicant meet all state regulations associated with cremation
services, that the applicant provide the number of parking spaces
as per Section 24-161(g)(12), and that the applicant meet the
landscaping provisions of Section 24-177).
Commissioner Borno inquired if the motion should include the
stipulations that the exception be granted to the applicant only and for
this location only.
Community Development Director Worley responded that those
requirements were implicit in any use-by-exception recommendation
from the Community Development Board and were always part of the
Boazd's recommendation.
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February 12, 2001
Amendment to the motion: Include the following additional
conditions: that the exception be granted to the applicant only
and for this location only.
Following brief discussion, the amendment to the motion and main
motion carried unanimously.
C. Approve CDBG budget reallocation and authorize staff to
work with the City of Jacksonville Planning Department to
adjust the budget as required (City Manager)
Motion: Approve CDBG budget reallocation and authorize
staff to work with the City of Jacksonville Planning
Department to adjust the budget as required.
There being was no discussion and the motion carried unanimously.
D. Authorize the Mayor to execute Amendment to Memorandum
of Agreement with JTA regarding retention ponds at the
intersection of Atlantic Boulevard and Mayport Road (City
Manager)
Motion: Authorize the Mayor to execute Amendment to
Memorandum of Agreement with JTA regarding retention
ponds at the intersection of Atlantic Boulevard and Mayport
Road.
City Manager Hanson requested that an additional recommendation be
included to amend the boundaies of Tideview Preserve to include the
newest property acquired by the city with the exception of that portion.
which would be utilized by JTA for the retention pond.
Amendment to the motion: Include the additional land in the
boundaries of Tideview Preserve.
Commissioner Waters requested that the City Manager review the.
properties and explain the location of the new retention pond.
Commissioner Waters requested that a revised map showing the new
boundaries of Tideview Preserve be provided fot the Commissioners.
City Manager Hanson indicated that he would have a revised map for
them at the next Commission meeting.
There being no further discussion, the motion carried unanimously.
E. Action on recommendation regarding COLA increase for
retirees (City Manager)
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February 12, 2001
Motion: Defer discussion of the COLA increase for retirees to
be considered during the upcoming budget process.
.City Manager Hanson explained his recommendation as written in his
memo dated February 5, 2001 which is attached and made part of this
official record as Attachment A.
Discussion ensued and Mayor Meserve indicated that he still had some
unanswered questions and felt it would be best to take a measured
approach to the request through the budget process. Commissioner
Borno concurred with following the budget process.
Commissioner Beaver inquired if money was already budgeted for the
increase and City Manager Hanson responded that no money had been
included in the current fiscal yeaz budget for the increase.
There being no further discussion, the motion carried unanimously.
F. Authorize Palmer and Cay Consulting Group to conduct a
classification and pay study, and authorize the City Manager
to identify a funding source and provide for the same in a
mid-year budget modification (City Manager)
Motion: Authorize Palmer and Cay Consulting Group to
conduct a classification and pay study, and authorize the City
Manager to identify a funding source and provide for the
same in a mid-year budget modification in the amount of
$7,175 for a total of $15,175 to cover this item.
Commissioner Bomo commented that the cost was higher than
anticipated, but the study was needed. Discussion ensued concerning a
funding source for the additional fimds. City Manager Hanson indicated
that he had not had a chance to review the budget for a funding source,
but would do so and bring the information back to the Commission for
approval.
City Manager Hanson reported that the study would be completed in 120
days and results should be available for the next fiscal yeaz budget.
There being no further discussion, the motion carried unanimously.
G. Set date fora public hearing on the new zoning ordinance
(City Manager)
Mayor Meserve commented that several workshops had taken place and a
revised draft of the zoning ordinance reflecting the proposed changes had
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February 12, 2001
been received. He felt a workshop to further discuss a few issues which
had been brought up, should be held. Mayor Meserve requested that a
summary of the significant changes to the ordinance. and a copy of the
draft ordinance be made available to the public before the first public
hearing. After the first public hearing, the Mayor suggested holding
another workshop before the final public hearing.
Discussion ensued and it was agreed to place a display ad in the
newspaper summarizing the proposed changes.
Discussion ensued and it was the consensus of the Commission to hold a
workshop at 5:00 p.m. on Monday, February 26, 2001, at which time the
date for the first public hearing will be set.
Commissioner Beaver requested that the summary be provided as soon as
possible before the workshop.
H. Discussion and possible action on swap of property with
WQOP Radio Station on Atlantic Boulevard (City Manager)
City Manager Hanson indicated that no action was required on this item
and reported that the radio station had accepted the offer from the JTA
for the property immediately in front of the building. City Manager
Harison indicated he would continue to monitor this matter.
9. City Manager Reports:
In addition to his written report, City Manager Hanson reported on the
following:
Strategic Planning Sessions
Reported that the Strategic Planning Sessions had been set for
Monday, March 5th at 5:00 p.m. and Saturday, Mazch 31st at 8:00
a.m. to noon.
Septic Tank Update
Reported that as of last May there were 275 septic tanks in
Atlantic Beach and since that time, 18 had connected to sewer
without city assistance, 15 had connected with city assistance for
financing, and sewer service was found to be unavailable to 14
properties.
Air Show Agreement
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Reported that the final air show agreement had been received and
the City of Jacksonville would like to have it signed as soon as
possible. He briefly outlined the provisions of the agreement and
stated that little had changed from the draft which was previously
presented. Each beach city will contribute $10,000 sponsorship
money and will have no legal liability for the event. It was further
reported that the three beach cities would be primarily responsible
for police services, crowd and traffic control, parking, and refuse
collection within their respective city limits.
Motion: Authorize the Mayor to execute the Interlocal
Agreement for the 2001 Air Show.
The motion carried unanimously.
Distributed copies of the Annual Audit Report to the
Commissioners.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Beaver
Trees -Seminole Road
Reported that I S gallon Palatka Holly, Sycamore and Crepe
Myrtles purchased with tree mitigation funds were being planted
on Seminole Road:
Parks and Recreation Board -Beautification Committee
Reported that he had met with Parks and Recreation Board and
Beautification Committee Members and will present his
recommendations for restructuring these groups at a future
meeting.
Commissioner Borno
Felt trees located on public rights-of--way should be exempt from
the tree ordinance and the ordinance should be changed to reflect
the same.
Commissioner Mitchelson
Stated that instruction/application forms for the Teen Council
Scholazship were available in the City Clerk's office and the
deadline for applying was Mazch 15th.
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February 12,2001
Referenced a copy of the FCC regulations pertaining to
communications antennae and stated he would like to look for
ways to regulate the height of antennae.
Commissioner Waters
Requested information concerning the number of new septic tanks
installed in the city.
Referenced a letter received concerning a skateboard accident and
stated he would support locating a skateboazding area in Jack
Russell Pazk. He reiterated his position to get the skateboazders
involved with setting up the park. He felt skateboarding was
inappropriate in Bull Park.
Expressed his displeasure with the types of trees being planted on
Seminole Road. He favored Magnolias and Live Oaks which he
felt in time would provide a needed tree canopy.
Mayor Meserve
Reported that the skateboazding and safety issues associated with
their use should be addressed as soon as possible.
Reported on the Join Together Jacksonville Meeting he attended
which provides a program to stop drug and alcohol abuse among
children and teenagers. He was disturbed to learn that drug and
alcohol abuse was higher at the beach than the rest of Duval
County.
There being no further discussion or business to come before the
Commission, the Mayor declazed the meeting adjourned at 9:15 p.m.
John Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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