Minutes - 05-29-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON TUESDAY, MAY 29, 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 May 14, 2001.
Commissioner Bomo requested that Page 10, of the minutes be amended
to reflect the date of June 4, 2001 for the public hearing for the Selva
Marina Special Assessment.
Motion: Approve the minutes of the May 14, 2001
Commission Meeting as amended.
The motion carried unanimously.
2. Courtesy of Floor to Visitors:
Sally Clemens of 1638 Park Terrace West supported Mayor Meserve's
ordinance proposing two voting districts, but preferred four districts. She
also supported afoot-year term for the Mayor. Mrs. Clemens thanked the
Commissioners for. their representation at Council Member Jerry
Holland's Town Hall Meeting held at Fletcher High School on May 1 S`h
concerning the City of Jacksonville reapportionment.
Bob Totter of 275 l lth Street also preferred four voting districts, but
hoped the Commission would support the Mayors's alternate to be put on
the November ballot. He indicated that if the referendum to establish
voting districts was not put on the November ballot, he would work to get
petitions signed to put it on the ballot. Mr. Totter also. suggested that the
city consider turning the tennis court at Bull Park into a supervised
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May 29, 2001
skateboard area for younger children, since residents seldom play tennis
there.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) the delay of Sherry Drive street improvements project, (2) pointed out
that children had been injured skateboarding in Bull Park and reiterated
his support for construction of a skateboard park, (3) reiterated his
position that the speed bumps on Plaza were a hazard and suggested they
be replaced with the type of speed bump used at the airport, and (4)
supported voting districts.
Stephen Kuti of 1132 Linkside Drive supported establishing municipal
voting districts, but preferred four districts. He also favored the Mayor
serving afour-year term. Mr. Kuti distributed alternative language to that
in Ordinance 33-01-8 for Commission consideration. The document is
attached and made part of the official record as Attachment A.
Dorothy Kerber of 365 ls~ Street supported proposed Ordinances 33-01-
08 & 33-01-09.
3. Unfinished Business from Previous Meeting
A. Follow-up report from the Regular Meeting of April 23,
2001 (City Manger)
City Manager Hanson surnmarized his written report. The report is
attached and made part of this official record as Attachment B. In
addition to the written report, City Manager Hanson updated the
Commission on the following items:
Renaming of Church Road
It was reported that the Beaches Historical Society had been
contacted and as far as it could be determined the road was not named
for a family or individual named Church, but most likely was named
because several churches were located in the area. City Manager
Hanson further reported thaS hvo businesses and ten homes located on
Church Road would have to ch~g'~~Freir addresses if the road was
renamed.
Mayor Meserve indicated that the name change would have to be
done in conjunction with the City of Jacksonville and if approved, it
would take approximately one yeaz to complete.
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May 29, 2001
Extension of Church Road
Commissioner Waters felt money would be saved if the city installed
a bicycle path and sidewalk in conjunction with the road extension
project, and requested that City Manager Hanson investigate this
matter.
City Manager Hanson felt this matter could be addressed by the new
Community Development Director as part of the city's Strategic Plan.
Item 9A was taken out of sequence and discussed at this time.
9A. Discussion and possible action regarding relocation of
BellSouth telephone lines on Sherry Drive
Michael Stuart of BellSouth introduced Ray Serrano, James Neal and
Rick Maurer who were present to answer questions concerning the
relocation of their telephone lines.
Waterline Replacement
City Manager Hanson explained that the bid opening for the Sherry
Drive Reconstruction Project had been delayed because it was
discovered that afifty-year-old ductile iron water pipe with lead joints
was located close to the road and would probably crack during the
road construction. It was felt that it would be best to replace the
ductile iron line on Sherry Drive with the twelve-inch line previously
scheduled for installation on East Coast Drive to increase water
pressure in the core city azea. City Manager Hanson indicated that
bids would be opened on Friday, June 8"' and would be brought to the
Commission on June 11`h
BellSouth Conduit Relocation
City Manager Hanson explained that six BellSouth conduits
containing major telephone lines for the city and Navy Base were
located on the east side of Sherry Drive. He further explained that the
lines were located at the same elevation as the city's proposed storm
drains and relocation of the conduits would cost approximately two
million dollars and would cause many outages.
City Manager Hanson reported that in order to avoid the costly
relocation of the lines, BellSouth proposed to install 4' x 8' conflict
boxes, which would allow water to flow around the conduits.
BellSouth had offered to pay for the construction and maintenance of
the vaults and would bring a "Memo of Understanding" to that effect
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May 29, 2001
for Commission approval before the beginning of construction in
June.
Mr. Seranno explained that it may be possible to raise or lower some
of the conduits to avoid the use of a vault, but it would not be known
if this was possible until construction began. He indicated that he
would like to eliminate as many of the conflict boxes as possible.
Discussion of conflict boxes ensued, and City Manager Hanson
indicated that staff and the engineers felt that the conflict boxes could
work successfully if properly maintained. Mr. Seranno stated that
numerous conflict boxes had been built in the City of Jacksonville
and caused no problems.
Commissioner Mitchelson expressed concern that use of the conflict
box could have a negative impact on the gravity flow of the new
drainage system and indicated that he would like an engineer's
opinion as to whether or not this will work. City Manager Hanson
indicated that that an engineer had been contacted and felt the system
would work if the vaults were properly maintained.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports for Building and
Public Safety Departments
B. Award contract in the amount of $138,608.00 to Miranda
Contracting for the total base bid only in the Church Road
Water Improvements Project - 2001 CDBG, pursuant to
the specifications of Bid No. 0001-18 (City Manager)
Motion: Approve Consent Agenda Items A and B as
presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There were no Resolutions.
7. Action on Ordinances:.
A. Ordinance No. 33-O1-8 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUBMITTING TO THE
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May 29, 2001
ELECTORS OF ATLANTIC BEACH, A PROPOSED
AMENDMENT TO THE CITY CHARTER CHANGING
THE WAY THE CITY COMMISSIONERS ARE
ELECTED, AND PROVIDING AN EFFECTIVE DATE
(City Commission)
Motion: Adopt Ordinance No. 33-01-8 on first reading.
Mayor Meserve reported that the public hearing and final reading of
the ordinances would take place June 11, 2001.
Commissioner Mitchelson Felt the current system for electing
Commissioners was better, but indicated that the proposed change
had merit. Commissioner Mitchelson felt the majority of residents in
the city did not want voting districts, but the perception was that the
area west of Mayport Road had been neglected. He further stated that
he did not feel this was the case and pointed out the dollars spent and
many projects completed in the azea during the past four years.
There was no discussion and the motion carried by a four to one vote
with Commissioners Beaver, Borno and Waters and Mayor Meserve
voting aye and Commissioner Mitchelson voting nay.
B. Ordinance No. 33-01-9 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUBMITTING TO THE
ELECTORS OF ATLANTIC BEACH A PROPOSED
AMENDMENT TO THE CITY CHARTER CHANGING
THE MAYOR'S TERM OF OFFICE AND PROVIDING
AN EFFECTIVE DATE (Commissioner Waters)
Motion: Adopt Ordinance No. 33-01-9 on first reading.
Commissioner Waters expressed his support for the change and
indicated afour-year term for the Mayor would provide for more
efficient government and continuity on the Commission.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 20-O1-51 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 2000/2001 BEGINNING
OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001
(City Manager)
Motion: Adopt Ordinance No. 20-01-51 on first reading.
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May 29, 2001
There was no discussion and the motion carried unanimously.
D. Ordinance No. S-O1-34 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
SECTION 2-361, SUBSTANCE, TO DELETE THE
DOLLAR AMOUNTS FOR DAILY PER DIEM, AND
REPLACE THEM WITH THE INTERNAL REVENUE
SERVICE DAILY ALLOWANCE
Motion: Adopt Ordinance No. S-O1-34 on first reading.
There was no discussion and the motion carved unanimously.
E. Ordinance No. S-O1-35 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE IV, DEPARTMENTS,
DIVISION 5, DEPARTMENT OF PUBLIC WORKS,
AMENDING SEC. 2-80 DIRECTOR OF PUBLIC
SERVICES-APPOINTMENT, COMPENSATION;
AMENDING SEC. 2-81, SAME-DUTIES; DELETING
SEC. 2-82, DIVISIONS; APPOINTMENT,
COMPENSATION OF CHIEFS; CREATING NEW
DIVISION 6, DEPARTMENT OF PUBLIC UTILITIES,
ADDING SEC. 2-84, CREATED; SEC.2-85, UTILITY
DIRECTOR-APPOINTMENT, COMPENSATION;
SEC.2-86, SAME-DUTIES; AND SEC.2-87, OTHER
DUTIES; AND PROVIDING AN EFFECTIVE DATE
(City Manager)
Motion: Adopt Ordinance No. S-O1-35 on first reading.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on an application for aUse-by-
Exception filed by Christy First Coast Plumbing to
operate a plumbing contracting business at 1651 Mayport
Road on property zoned Commercial General (City
Manager)
Motion: Accept the recommendation of the Community
Development Board and approve the use-by-exception
filed by Brian Christy (Christy First Coast Plumbing, Inc.)
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May 29, 2001
to operate a plumbing business on property located at
1651 Mayport Road, (also described as Pt of Govt Lot
3(172061-0000) as recorded in OR Bk 9140 Pg 1516, and
Pt of Govt Lot 3 (172091-0000, 172091-0010,172072-0000
and 172071-0000) recorded in OR BK 8896 Pg 554, being
Parcels A, B, D and E) zoned Commercial General (CG).
The conditions recommended by the Community Development $oard
were as follows: (1) All existing storage trailers will be removed from
the site, (2} working hours in the shop will be confined to the hours of
7:00 a.m. to 7:00 p.m., except for emergency pick up of tools and
materials by crews on emergency repair calls, (3) a privacy fence six
feet tall will be maintained between the residential lots to the east of
the property, and (4) all storage to be inside, with the exception of
pipe racks to store pipes).
Mayor Meserve opened the public hearing and invited comments
from the audience. Brian Christy, owner of the business, stated that
he wished to clarify that the name of the business was Christy First
Coast Plumbing, Inc. No one else spoke and the Mayor closed the
public hearing.
There being no further discussion, the motion carried unanimously.
B. Authorize the Mayor to sign all paperwork for the Edward
Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program (City Manager)
Motion: Authorize the Mayor to sign all paperwork for
the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program.
There was no discussion and the motion carried unanimously.
C. Authorize the Mayor to sign the State Revenue Sharing
application for 2000/2001 (City Manager)
Motion; Authorize the Mayor to sign the State Revenue
Sharing application for 2000/2001.
There was no discussion and the motion carved unanimously.
D. Authorize the City Manager to sign a contract with M.J.
Altman Companies, Inc. to provide collection services for
the city (City Manager)
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May 29, 2001
Motion: Authorize the City Manager to sign a contract
with M.J. Altman Companies, Inc. to provide collection
services for the city.
Commissioner Beaver requested that staff review the collection
methods used by the company from time to time to make sure the
company did not deal too harshly with the citizens.
There being no further discussion, the motion carried unanimously.
E. Action on a request from the Cultural Arts Board to place
a sculpture in front of the fire station. at the west side of
the five-way stop (City Manager)
Motion: Approve request from the Cultural Arts Board
to place a sculpture in front of the fire station at the west
side of the five-way stop.
Commissioner Borno stated that he had no problem with the request
as long as the Commission gave final approval of the sculpture and its
location.
Commissioner Waters felt a better location for a sculpture would be
at the Town Center circle. He felt more money should be spent to do
something nice and suggested that the City of Atlantic Beach
combine efforts with the City ofNeptune Beach to do the project.
Discussion ensued and concermwas expressed that it would be a
difficult decision since "art is in the eye of the beholder".
Commissioner Waters suggested that the Commissioners meet with
the city's various Boards and Committees twice a year to improve.
communication.
Commissioner Bomo felt that these types of projects should be kept
in proper perspective and included in the city's strategic plan.
There being no further discussion, the motion carved unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following items:
• Reported that the Blue Wave designation had been received
for the year 2001 and brochures had been distributed to area
hotels.
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May 29, 2001
Reported that Public Works employee, Jack Baldwin, had
been granted a Superior Achievement Award in the amount of
$250 for his innovative method of hanging street signs in
Town Center which saved the city considerable expense.
• Reported that the Core City Sewer Rehabilitation Project was
completed and had come in at $160,989 under contract price.
Briefly commented on the zoning issues brought up at the
public hearing for the revised zoning ordinance; and
distributed a Staff Report written by Building Official Ford on
Zoning Options which addressed those concerns. The report
is attached and made part of this official record as
Attachment C.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
• Requested that a Resolution be prepared recognizing Nancy
DeCandis for her service on the Cultural Arts Board.
Commissioner Waters
• Inquired if there was a fee for the Blue Wave recertification:
City Manager Hanson indicated the cost was $500.00.
Commissioner Waters stated that he was opposed to spending
the money unless there were benefits associated with the
certification.
Commissioner Mitchelson
• Stated that the port-o-lets for the handicapped at "Dancing in
the Street" were well intended, but installed in such a way that
it was difficult for a handicapped person to use them.
Requested that a representative of AT&T Broadband be
present at a future Commission Meeting to explain how they
scramble channels inappropriate for viewing by young
children. He indicated that Channel 14 was not properly
scrambled.
• In response to Mr. Totter's earlier comment on taxes, pointed
out that the City of Atlantic Beach had not increased taxes for
a number of years.
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May 29, 2001
Mayor Meserve
Thanked Commissioner Mitchelson for representing the city at the
Adele Grage Community Center meeting concerning the duplex
issue.
• Commented that better disabled access to the beach was needed.
City Manager Hanson responded that the city had received a grant
for handicapped accessible walkovers, the details of which were
presently being worked out.
Reminded everyone of the June 4`h 5:00 p.m. Workshop Meeting
to discuss the zoning ordinance issues, and the 7:15 Public Hearing
at the Elementary School for the Selva Marina Streets
Improvements Project.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 8:55 p.m.
John Meserve
Mayor/Presiding Officer
Attest:
Maureen King
Certified Municipal Clerk
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