Minutes - 05-15-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, MAY 14, 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 Commissioner Beaver was followed by the Pledge
of Allegiance to the Flag.
Mayor Meserve recognized and welcomed the following local
government officials to the meeting: Jerry Holland, District 3 Council
Member from the City of Jacksonville, Matt Carlucci, District 5 Council
Member from the City of Jacksonville, and Art Graham, Council Member
from the City of Jacksonville Beach.
1. Approval of the minutes of the Public Hearing held April 16,
2001.
Motion: Approve the minutes of the April 16, 2001 Public
Hearing as presented.
The motion carried unanimously.
Motion: Approve the minutes of the Apri123, 2001
Commission Meeting as presented.
The motion carved unanimously.
2. Courtesy of Floor to Visitors:
A. Proclamation Recognizing Nursing Home Week in Atlantic
Beach
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May 14, 2001
Mayor Meserve read the Proclamation in its entirety proclaiming May 14-
18, 2001 as Nursing Home Week in Atlantic Beach. He presented the
Proclamation to Jeff Markulik, NHA, for display at Fleet Landing.
B. Proclamation Recognizing Public Works Week in Atlantic
Beach
Mayor Meserve read the Proclamation in its entirety proclaiming May 20-
26, 2001 as Public Works Week in Atlantic Beach.
Mayor Meserve presented the framed document to Public Works Director
Kosoy and Utilities Director Kaluzniak. Public Works Director Kosoy
praised the work of his dedicated employees and thanked the Mayor.
Item 2-F was taken out of sequence and reported on at this time.
F. Dejean Melancon -Parks and Recreation Advisory Board
Recommendation on Proposed Skateboard Park
Dejean Melancon, Chair of the Parks and Recreation Advisory Boazd,
responded to questions submitted to the Board by City Manager Hanson
on January 24, 2001, and indicated that the majority of Board Members
favored construction of a skateboard pazk to be located in Russell Pazk.
He further reported that the members favored an average sized park of
6,500 square feet constructed of poured concrete. Mr. Melancon reported
that the structure would cost approximately $100,000. The Board felt that
most skateboarders would prefer to use a skateboazd park and would
voluntarily stop using Bull Pazk.
Mr. Melancon introduced Todd Johnson, a longtime skateboazder, who
explained the initial design of the proposed pazk, He indicated that the
park would accommodate fifty children at one time and explained the
levels of difficulty contained in the park.
Mr. Melancon reported that grant funds were available for construction of
parks, and the size and cost of the proposed park would require a 25%
match from the city. He recommended that $100,000 be included in the
next budget for construction of a skateboard park in Russell Pazk.
Mayor Meserve thanked Mr. Melancon for the report. A copy of the
report is attached and made part of this official record as Attachment A.
C. Jerry Holland, Jacksonville Council Member District 3, -
Discussion of the City of Jacksonville Proposed
Reapportionment of the Beaches District
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May 14, 2001
Council Member Holland, introduced City of Jacksonville Council Vice
President Matt Carlucci who also serves as chairman of the Redistricting
Committee.
Council Member Holland explained that every ten years, based on the
census, the City of Jacksonville must change its districts to represent
population shifts. Option F, one of seven redistricting maps under
consideration was displayed. Council Member Holland indicated that the
maps were drawn based on voting age and population and the redistricting
process was an entire county issue. He further indicated that no maps
would be taken out of consideration and they would further evolve during
the on-going process.
Commissioner Mitchelson hoped Council Member Holland would fight
for the beaches cities to remain in one district. Mayor Meserve concurred
and stated that he did not want the City of Atlantic Beach to be removed
from District 3 and added to District 11.
Commissioner Beaver inquired as to the deadline for redistricting and was
told that it must be completed by December 4, 2001.
Council Member Holland reported that he would be holding a Town Hall
Meeting at Fletcher High School at 7:00 p.m. on Tuesday, May 15, 2001
to fixrther discuss the proposed redistricting. He urged everyone present
to attend the meeting.
Boy Scout Troop 37
Mayor Meserve recognized Boy Scout Troop 37 who were working
toward their Community Service- Citizenship merit badge.
D. Core City Project
Aikenhead and Odom (A & O) 30% Completion Report
City Manager Hanson reported that A & O had found discrepancies in the
modeling work performed by previous consultants and some restructuring
of the plan had been done. He indicated that the model had been
refigured, and some of the items recommended earlier were no longer
needed. It was further reported that the city hired the company of ECT,
Inc., as peer review consultants for the project.
Neil Aikenhead updated the Commission on the project as follows: (1)
Dredging of the Selva Lagoon will no longer be required, (2) no pumps
will be required, (3) the system will be a gravity system, (4) bids for the
Sherry Drive reconstruction part of the project will be opened May 23rd
(5) the weir at Fleet Landing will be modified to a lower elevation to
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achieve and provide saltwater protection, (6} no dredging in Howell Park
will be required, and (7) the box culvert at 11th Street will no longer be
required.
Charles Padera of ECT, Inc. confirmed that his company had reviewed the
modeling of A & O and had made some minor changes. He indicated that
the analyses provided by A & O were correct.
A brief question and answer session followed the reports.
E. Water Master Plan 60% Completion Report
Don Mauer of Camp Dresser and McKee presented a report on city's
Water Master Plan and Consumptive Use Permit Renewal Application.
Mr. Mauer indicated that the report would be completed by the end of
June. The report is attached and made part of this official record as
Attachment B.
A brief question and answer session followed. Commissioner Borno
inquired concerning the reported diminished capacity of wells land 2, and
was advised that it was due to the age of the wells. Discussion ensued and
it was pointed out that well construction would take between six and nine
months to complete.
Dorothy Kerber of 365 1st Street expressed concern that the same firm
had conducted the city audit for eleven years, and requested that the city
contract with a new auditing firm. She felt auditing firms should be
changed every few years. Mrs. Kerber also requested that the
Commission consider putting a referendum on the ballot to establish
voting districts.
Bob Totter of 275 l l~h Street also requested that the city consider putting
a referendum on the ballot to establish voting districts.
Alan Potter of 374 Second Street referenced a letter he had written in
1999 stating his opposition to the construction of a master lift station, and
spoke in opposition to Item 4C on the agenda. The letter is attached and
made part of this official record as Attachment C.
Don Howell of 44 5th Street and William Cook of 1325 Beach Avenue
spoke in opposition to the construction of a skateboard pazk. They felt it
was too expensive, too much of a liability for the city, and would require
major supervision.
Mr. Wiley of 310 5th Street inquired as to the next step for the skateboazd
park. Mayor Meserve indicated that the recommendation would be
discussed during the upcoming budget workshops.
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Sally Clemens of 1638 Park Terrace West supported four voting
districts for the city with the Mayor serving at large. She suggested that
the Commission include this matter on the October ballot.
Pat Pillmore of 995 Camelia Street indicated that she was disappointed
in the Metropolitan Planning Organization (MPO) traffic safety study for
Marsh Oaks in connection with the construction of the flyover, and
questioned the relocation of the retention pond in Marsh Oaks without a
public hearing.
Stephen Kuti of 1132 Linkside Drive commented on or opposed the
following items: (1) He felt reapportionment should be based on
standazds set by the Florida Legislature, (2) He opposed the construction
of a skateboard park due to the liability and high cost, (3) He opposed use
of Drug Forfeiture and Contraband Fund money for a study on the
feasibility of constructing a fitness center (Agenda Item 3D). He felt the
money should be spent on crime prevention, and (4) Indicated he would
like figures from the analyses used in the Aikenhead and Odom report
(Agenda Item 2D). _.
Julie Sleeper of 700 Beach Avenue supported the construction of a small
skateboard pazk for younger children where their pazents could bring and
supervise them. She felt older skateboazders could drive to the skateboard
park under construction in Jacksonville Beach. Mrs. Sleeper also favored
voting districts for the city.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) Felt the speed bumps on Plaza were a hazard and requested that they
be removed, (2) referenced a magazine article which reported that
nationwide potholes cause an average of $222 per yeaz in caz repairs, (3)
supported the proposed skateboazd park, (4) suggested that grating be
installed as a safety measure on the proposed 3'6" drainage pipes to be
constructed under Sherry Drive, and (5) inquired concerning the basis for
the proposed reapportionment and indicated that he favored the beach
cities remaining together.
Rex Sands of 500 Plaza opposed the construction of a skateboazd park
due to the liability and cost. He also favored keeping the beach cities in
the same district.
Don Remley of 1309 Violet Street also expressed concern for the liability
of a skateboard park and felt the city would have to hire someone to
supervise the activities.
Betty Eilers of 369 Third Street recounted her unfortunate experience
with her grandchildren at a skateboazd pazk and stated that she was
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totally against this type of park. Mrs. Eilers stated that she lived on a
flood-prone street and requested that accumulated debris be removed
from the stormdrains by her home.
Paul Woesner of 1509 Lakeside Drive felt that proposed growth should
be considered for redistricting, but demographics should not be a
consideration.
Jerry Holland urged those present to come to the Town Meeting on
Tuesday night to express their concerns and/ or opinions on the
reapportionment.
3. Unfinished Business from Previous Meeting
A Discussion and possible action concerning speed bump for
100 block of Magnolia Street (City Manager)
City Manager Hanson reported that the Police Department did not
support the installation of speed bumps on Magnolia Street. He
indicated that the results of a traffic study conducted on the street did
not find a traffic danger or problem.
No action was taken on this request.
B. Discussion and possible action concerning Personal
Watercraft (Jet Ski) for Lifeguards (City Manager)
City Manager Hanson reported that the City of Atlantic Beach was one
of the first cities to use personal watercraft for lifeguards, but after the
program was completed it was determined that the use of personal
watercraft by lifeguards was limited and expenses for the program
were very costly.
No action was taken.
C. Approve the Interlocal Agreement for the Church Road
Extension and authorize the Mayor to execute the
Agreement (City Manager)
Motion: Approve the Interlocal Agreement for the
Church Road extension and authorize the Mayor to
execute the agreement.
City Manager Hanson explained the terms of the Interlocal
Agreement in that the City of Jacksonville would pay for one-half of
the cost of the street extension up to a total amount of $45,000. It was
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reported that the total cost for the project was estimated to be
$90,000, with the city's share being $45,000.
Commissioner Waters supported the extension of the road and
thanked the. City of Jacksonville for its support. Commissioner
Waters inquired concerning the part of the street which was being
paved. City Manager Hanson explained that a block and one-half
section of the road would be paved which ended at Mealy Street.
Commissioner Waters suggested that Church Road be renamed
Dutton Island Parkway. He felt the road sign would help citizens find
the park.
There being no fiirther discussion, the motion carried unanimously.
D. Follow-up report from the Regular Meeting of Apri123,
2001 (City Manger)
Community Center Feasibility Study
City Manager Hanson provided background information and reported
that to date, $7,000 had been raised toward the feasibility study: He
indicated that the remaining balance was estimated to be between
$13, 000 to $17,500, which would have to be paid by the city to
proceed with the study. City Manager Hanson solicited the wishes of
the Commission concerning the study.
A brief discussion ensued concerning the use of the Drug and
Contraband Forfeiture Funds to pay for the study. Commissioner
Beaver inquired as to the Drug and Contraband Forfeiture Fund
balance and was told the fund balance was approximately $90,000.
Mayor Meserve pointed out that the study would assess the need for
such a facility and the practicality of carrying out such a project.
Motion: Authorize funding the feasibility study with Drug
Forfeiture and Contraband Fund money, as
recommended, and authorize issuance of the RFP for the
feasibility study.
There was no further discussion and the motion carried unanimously.
City Manager Hanson summarized the remainder of his written
report. The report is attached and made part of this official record as
Attachment D.
A recess was called at 9:45 p.m. and the meeting reconvened at 9:55
p.m.
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May 14, 2001
4. Consent Agenda:
Mayor Meserve requested that Item 4C be removed from the Consent
Agenda for further discussion.
A. Acknowledge receipt of monthly reports for Building,
Utility Sales, Occupational License, Public Safety, Public
Works and Recreation Departments
B. Award contract to construct drainage improvements on
West 13`~ Street portion of the Utilities 2000 Project (Bid
0001-16) to Gruhn May in the amount of $38,649.00,
reject all bids for the Beach Avenue water main
improvements, the water improvements at Sailfish and
Plaza, and the Levy Road sidewalk portions of the
project; and authorize staff to prepare RFP's for a
design build project to complete the water main
improvements (City Manager)
D. Approve piggybackiag,on the City of Jacksonville
contract awarded to Florida Highway Products, Inc.
(FHP) at a bid price of $1.89 per square yard for
microsurfacing and crack sealing streets as listed in the
2000-2001 Paving Program at a cost of $47,000.00 (City
Manager)
Motion: Approve Consent Agenda Items A, B, and D as
presented.
There was no discussion and the motion carried unanimously.
C. Award contract for construction of the Base Bid plus
Additive Alternate 2 to Gruhn May, Inc., in the amount
of $892,290.30 for construction of Atlantic Beach &
Buccaneer Sewer Improvements Project, pursuant to the
specifications of Bid No. 0001-17 (City Manager)
Motion: Award contract for construction of the Base Bid
plus Additive Alternate 2 to Gruhn May, Inc., in the
amount of $892,290.30 for construction of Atlantic Beach
& Buccaneer Sewer Improvements Project, pursuant to
the specifications of Bid No. 0001-17.
Utility Director Kaluzniak explained that the bids received were very
close. She explained that if all bid items were considered, Meadors
Construction would be the low bidder, but because all of the bids
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May 14, 2001
were over budget, the following item(s) were eliminated from the
project: (1) Abandonment of the Shangri-La Lift Station and (2) the
upgrade of the Park Street Lift Station. It was further explained that
due to the closeness of the bids, awarding of the bid was based on the
Base Bid plus any Added Alternates chosen by the Commission. It
was further reported that staff recommended awarding construction of
the Base Bid plus Additive. Alternate 2 to Crruhn May in the amount
of $892,290.30.
Discussion of the scope of the project ensued,and it was the
consensus of the Commission that money would be saved if the entire
project, except for Addditive Alternate 1 (Abandonment of the
Shangri-La Lift Station), were completed now.
The second and motion were withdrawn by Commissioners Waters
and Borno respectively.
Motion: Award contract for construction of the
Base Bid plus all Additive Alternates, except Additive
Alternate 1, to Meadors Construction for construction of
Atlantic Beach & Buccaneer Sewer Improvements Project,
pursuant to the specifications of Bid No. 0001-17.
There being no further discussion, the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 01-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, INCREASING THE TERM OF OFFICE OF THE
CULTURAL ARTS BOARD MEMBERS TO FOUR YEARS,
ELIMINATING TERM LIMITS; AND PROVIDING AN
EFFECTIVE DATE (Mayor)
Motion: Approve Resolution No. 01-08.
There was no discussion and the motion carried unanimously.
B. Resolution No.01-09
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH DECLARING A SPECIAL ASSESSMENT,
AS REQUIRED BY FLORIDA STATUTES,
CHAPTER 170, FOR WATER LINES, STORM
WATER IMPROVEMENTS AND STREET
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May 14, 2001
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
(City Manager)
Motion: Approve Resolution No. 01-09
Mayor Meserve inquired concerning the process to be followed
when declaring the special assessment. City Manager Hanson
stated that if the resolution was approved, the Commission would
need to set a public hearing, as required by Florida Statutes, and
authorize the City Attorney to acquire easements for rights-of--way
and drainage. City Manager Hanson further stated that the work
would be completed during the next fiscal year, and the street work
would be coordinated with the Core City Project to lower the cost:
Commissioner Borno commented on the work of the Selva Manna
Streets Committee and requested that the Commission move
forward with the public hearing.
Commissioner Beaver inquired as to the cost for the project. City
Manager Hanson indicated that the city had received an estimate of
the costs and that information would be available for the public
hearing. He also inquired about the assessment if a property was
sold. City Clerk King indicated that other assessments of the city
went with the property.
Discussion ensued and it was the consensus of the Commission to
hold the public hearing at 7:00 p.m. in the Atlantic Beach
Elementary School, if the facility was available.
There being no further discussion, the motion carried unanimously..
C. Resolution No. 01-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
SUPPORTING MAINTAINING THE BEACHES CITIES AS
A SINGLE JACKSONVILLE COUNCIL DISTRICT
(Mayor)
Motion: Approve Resolution No. 01-10.
There was no discussion and the motion carried unanimously.
Action on Ordinances:
There was no action on ordinances.
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8. Miscellaneous Business:
A. Authorize the City Manager to move forward with Phase I
of the construction of amulti-purpose field located on
West Plaza (City Manager)
Motion: Authorize the City Manager to move forward
with Phase I for the construction of amulti-purpose field
located on West Plaza.
Commissioner Beaver inquired as to the type of sod to be installed on
the field. City Manager Hanson indicated that Bermuda grass was
chosen for the field. Commissioner Beaver indicated that Bermuda
grass was very durable.
There being no further discussion, the motion carried unanimously.
B. Approve Audit Procurement Policy as recommended by
Staff
Motion: Approve Audit Procurement Policy as
recommended by Staff.
Finance Director VanLiere explained that other cities he had
contacted did not require mandatory rotation of auditors. He further
explained that most cities require a Request for Proposals (RFP) for
multi-year services to be issued every four to six years.
Discussion of the pros and cons of mandatory rotation of auditors
ensued. Commissioner Mitchelson indicated that public perception
was important and felt the city should rotate auditing firms.
Commissioner Waters concurred. Commissioner Beaver felt that if
the senior members of a firm rotated, the city could retain the same
firm.
Amendment to the motion: Remove "as recommended by
'staff' from the motion. (By removing "as recommended by
staff' from the motion, the fourth paragraph of the Audit
Procurement Policy remained in the policy). The Audit
Procurement Policy is attached and made part of this official
record as Attachment E.
There being no further discussion, the amendment to the motion
carved by a four to one vote with Commissioners Beaver,
Mitchelson and Waters, and Mayor Meserve voting aye, and
Commissioner Bomo voting nay.
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May 14, 2001
The main motion carried by a four to one vote with Commissioners
Beaver, Mitchelson and Waters, and Mayor Meserve voting aye, and
Commissioner Borno voting nay.
C. Authorize hiring of the following Public Works positions:
a Technical Designer at an estimated annual salary plus
benefits of $50,000 and part-time clerical help at an annual
cost of $11,000; and authorize the preparation of an RFP
for general engineering services for projects not to exceed
$300,000 in total or $30,000 in engineering costs (City
Manager)
Motion: Authorize hiring of the following Public Works
positions: a Technical Designer at an estimated annual
salary plus benefits of $50,000 and part-time clerical help
at an annual cost of $11,000; and authorize the
preparation of an RFP for general engineering services for
projects not to exceed $300,000 in total or $30,000 in
engineering costs.
Commissioner Beaver inquired concerning the costs for the positions
during the present fiscal year. City Manager Hanson indicated that
the cost would be approximately $20,000.
There being no further discussion, the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following items:
Reported that Jeri Benjamin, Assistant Finance Director, had
been chosen Employee of the Month for May.
Provided background information and reported that the city's
share for the cost of clean up to the Bill Johns Waste Oil site
was $7,095 and the city can negotiate a separate settlement.
10. Reports and/or requests from City Commissioners and
City Attorney
A. Discussion and possible action. concerning voting districts for
the City of Atlantic Beach Commission Seats (Mayor )
Mayor Meserve noted that citizens at a previous meeting brought up the
issue of how Commissioners are elected and how to better insure
representation of all areas in the city. Mayor Meserve proposed the
following change to the Charter of the City of Atlantic Beach: (1) The
Mayor and two Commissioners would serve at-large, precincts 03S and 03F
would become one district and precincts 03H and 03G would become the
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other district. The Mayor's report is attached and made part of this official
record as Attachment F.
Motion: Direct the City Attorney to draft an ordinance
authorizing a referendum to change Section 5 of the
Charter as suggested by Mayor Meserve.
Commissioner Waters suggested changing the Mayor's term to four
years.
Commissioner Mitchelson favored the present system and requested
that a no change option be included on the ballot.
Amendment to the motion: Add "with a provision for a
"No Change" vote".
There being no further discussion, the amendment to the motion and
the main motion carried unanimously.
Commissioner Beaver
Commended the Pazks and Recreation Department for their
involvement in a number community oriented projects.
Commissioner Borno
Requested that the City Manager send a letter to First Night
congratulating them on becoming incorporated.
Commissioner Waters
• Requested that as part of the feasibility study for the
Community Center, citizen input be received as to whether or
not a skateboard park is wanted by the community.
Stated he had received several telephone calls concerning
removing gazbage blinds on Beach Avenue and inquired
concerning the matter. Mayor Meserve reported that several
blinds were located on cityright-of--way and the property
owners were sent letters requesting that they be removed. He
indicated that the matter had been resolved.
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May 14, 2001 I o Y
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There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 11:20 p.m.
John Meserve
Mayor/Presiding Officer
Attest:
Maureen King
Certified Municipal Clerk