Minutes - 06-11-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, .JUNE 11, 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 29, 2001 Commission
Meeting
City Manager Hanson indicated that he had misspoken, and requested that
the minutes be amended to change "ductile iron water pipe" to "cast iron
water pipe" in the pazagraph under Waterline Replacement on Page 3.
Motion: Approve the minutes of the May 29, 2001
Commission Meeting as amended.
The motion carried unanimously.
Mayor Meserve recognized former Mayor Billy Howell and former City
Commissioner Bob Cook who were present at the meeting.
2. Courtesy of Floor to Visitors:
A. Representative from AT & T Broadband -Explanation of
Channel Blocking
Phil Watson, Director of Field Operations of AT&T Broadband,
explained that there were three applications used to .for channel blocking.
Mr. Watson explained trapping techniques, sync suppression and digital
encryption in detail. He indicted that by the end of the month, all Pay for
View channels would be encrypted, which was the best form of security.
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June I1, 2001
Commissioner Mitchelson inquired if there was a way to block certain
channels, even if they were part of a program package. Mr. Watson
indicated that the Motorola digital box used by the company could be
programmed for parental control.
Commissioner Mitchelson thanked Mr. Watson for the informative
presentation.
Item. 6A was taken out of sequence and the Resolution was presented at
this time.
6. Action on Resolutions:
A. Resolution No. Ol-1]
A RESOLUTION RECOGNIZING THE .SERVICE OF
NANCY DECANDIS ON THE CITY'S CULTURAL
ARTS BOARD (Commissioner Borno)
Mayor Meserve read the Resolution recognizing the yeazs of service of
Nancy DeCandis on the Cultural Arts Board in its entirety. Mayor
Meserve presented the framed document to Mrs. DeCandis.
Mrs. DeCandis stated she was honored by the recognition and thanked the
Mayor and Commissioners for their support throughout the years.
Pat Pillmore of 995 Camelia Street inquired concerning an emergency
exit from Marsh Oaks which was supposed to be located by Tideview
Preserve, and stated that it was not shown on the flyover plans. Ms.
Pilhnore expressed concern for the safety of the flyover and felt the
Jacksonville Transportation Authority did not want public input on its
projects. She inquired if anything could be litigated due to safety issues.
Don Remley of 1309 Violet Street stated that Rose Park had been
completed and thanked the Commissioners and Pazks and Recreation
Department staff for the beautiful pazk
J.P. Marchioli of 414 Sherry Drive expressed concern that the plans for
the Core City Project had been changed from the original plan. He
inquired concerning the lower cost for the project and felt that a
cost/benefit analysis should be applied to all projects.
Stephen Kuti of 1132 Linkside Drive read from a prepared statement
concerning the Sherry Drive Reconstruction Project. He expressed
concern that the city would waste $1.3 million if the St. Johns River
Management District (SJRWMD) did not permit Core City Project. The
statement is attached and made part of this official record as Attachment
A.
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June 11, 2001
Alan Potter of 374 Second Street addressed the Sherry Drive
Reconstruction Project in relation to the Core City Project. Background
information on the project was presented.
Mr. Potter expressed concern for costs associated with the Core City
Project. He referenced the 1996 bond issue for utility improvements and
stated that the fees and costs associated with the issue were $1,113,000.
He indicated that several engineers had been retained since 1996 to design
the project with over $2,000,000 being spent on engineering fees and
related costs.
Mr. Potter felt that work was not proceeding according to the RFP for the
Core City Project which was issued three years ago and felt the city did
not have the proper permits for the work. He felt there would be
additional costs for the final one-inch of paving on Sherry Drive which
would push the costs higher than the $1,396,461.18 bid for the project
(Item 8D). He also felt that the additional fees requested by Aikenhead
and Odom and CSI for the Sherry Drive 12" watermain and BellSouth
conflict boxes (Item 8E) were excessive.
3. Unfinished Business from Previous Meetiug
A. Follow-up report from the Regular Meeting of May 29;
2001 (City Manger)
City Manager Hanson summarized his written report as follows:
Sale of Alcohol to. Minors
• Thanked the Police Department for their work to curb the sale
of alcohol to minors and reported that only two of the ten
businesses targeted in Atlantic Beach sold alcohol to minors;
Deadline for Placing Items on the October Ballot
• Reported that the deadline for submitting items to the
Supervisor ofElections for inclusion on the October 2, 2001
ballot was September 11, 2001; and
Renaming of Church Road
• Reported that after a review of notes from the last meeting, it
was not clear whether or not the Commission wished to
proceed with the renaming of Church Road. However, before
addressing that matter, City Manager Hanson reported that
Chief Thompson, Public Works Director Kosoy and he had
met with the residents of the affected area, and they expressed
concern that the improvement would bring more crime and
traffic to their area. Jacksonville Council Members Holland,
Alvarez and Brown also attended the meeting.
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June 11, 2001
Mayor Meserve indicated that he had spoken with Council
Member Holland and was told that the funds for the project
would be held in the Finance Committee until the citizens'
concerns were resolved. It was the consensus of the
Commission to address the concerns before giving any
consideration to renaming the road.
The report is attached and made part of this official record as
Attachment B.
Response to Alan Potter's Comments on the Sherry Drive
Reconstruction Project
The City Manager reported that the City had received written
authorization from the SJRWMD to move forward with the
Sherry Drive Reconstruction project and had held a permit
from the Florida Department of Health -Environmental
Health/Engineering Division for the waterline replacement in
the Core City Project since 1998. Copies of the letter and
permit are attached and made part of this official record as
Attachment C.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports for Occupational
Licenses, Parks and Recreation, Public Works and Utility
Sales Departments
Motion: Approve Consent Agenda Item A as
presented.
Commissioner Waters referenced Item #11 of the Public Works and
Utility Departments Project Status and expressed concern for the
quality of sand to be spread on the beach.
Commissioner Mitchelson indicated that the City of Jacksonville was
sensitive to placing beach quality sand on the site and indicated that
he would monitor the project.
Commissioner Waters requested that a letter be sent to the City of
Jacksonville requesting a written response guaranteeing the quality of
the sand.
There was no more discussion and the motion carried unanimously.
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June 11, 2001
5. Committee Reports:
There were no Committee Reports.
7. Action on Ordinances:
A. Ordinance No. 33-O1-8 Public Hearing and Final 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 WAY THE CITY COMMISSIONERS ARE
ELECTED, AND PROVIDING AN EFFECTIVE DATE
(City Commission)
Motion: Adopt Ordinance No. 33-01-8 on final reading.
Mayor Meserve opened the floor for a public hearing and requested
comments from those present.
Don Remley of 1309 Violet Street supported the proposed ordinance
and felt citizens received better representation when a Commissioner
lived in their district.
Former Mayor William Howell of 950 Seminole provided a brief
history of the election process in the City of Atlantic Beach as set
forth in the Charter which he had helped to write. Former Mayor
Howell felt the city was too small for voting districts, but if the
Commission favored them, he felt it would be best to have four
districts with the Mayor serving at large.
Former Mayor Howell explained why the Mayor's term of office was
set at two years and pointed out that the proposed change would only
allow voters to change the majority of the Commission every four
years.
J.P. Marchioli of 414 Sherry Drive favored four voting districts, not
the two districts proposed in the ordinance.
No one else spoke and the Mayor declared the Public Hearing closed.
Motion: Defer the vote on Ordinance No. 33-01-08 until a
later date not to exceed the September 10, 2001 Regular
Commission Meeting date.
Commissioner Mitchelson reiterated his opposition to the proposed
ordinance and indicated that he believed the limited choice afforded
by voting districts would contribute to lower voter turnout. He stated
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June 11, 2001
that he would like time to analyze and research historical data as to
the potential impact of the proposed ordinance, including voter
turnout statistics.
Commissioners Borno and Waters supported the deferral.
Following brief discussion the motion to defer carried unanimously.
B. Ordinance No. 33-O1-9 Public Hearing and Final 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 final reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience.
Stephen Kuti of 1132 Linkside Drive indicated that Ordinance 33-
01-08 was a compromise to the citizens'originalpmposal for four
districts. He felt deferral of the ordinance would not give citizens
enough time to circulate petitions to put the referendum on the
October ballot. Mr. Kuti favored the four-year term for Mayor.
J.P. Marchioli of 414 Sherry Drive favored retaining atwo-yeaz
term for Mayor.
Don Remley of 1309 Violet Street suggested sending a survey form
to the registered voters to see if they wanted the change.
Former Council Member Bob Cook of 1475 East Coast Drive felt
it was best to retain the two-year term of office for Mayor. He felt it
was important to consider that every two yeazs the majority of
Council Members could be voted out of office.
Since no one else wished to speak, the Mayor closed the Public
Hearing.
Mayor Meserve stated that he could see good and bad in both, but felt
that the electors should make the decision.
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.
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June 11, 2001
Commissioner Beaver pointed out that most incumbent Mayors had
won re-election. He felt that it was important to remember that the
present system allowed electors to vote for the majority every two
years.
Commissioner Mitchelson indicated that he saw merit in both, but
leaned toward opposing the ordinance.
There was no more discussion and the motion failed by a one to four
vote with Commissioner Waters voting aye, and Mayor Meserve and
Commissioners Beaver, Borno and Mitchelson voting nay.
Mayor Meserve requested that Ordinance No. 33-01-08 be brought
back for final reading before the September 11, 2001 deadline for
placing an item on the ballot, to allow time for citizens to collect
signatures for the matter to be placed on the ballot if they so desired.
C. Ordinance No. 20-O1-51 Public Hearing and Final 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 final reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience.
Alan Potter of 374 Second Street felt money not spent should be
returned to the General Fund or Water and Sewer Funds.
No one else spoke for or against the ordinance and the Mayor
declared the public hearing closed.
Commissioner Waters inquired concerning the emergency repair
listed in Item 11 and felt the Commission should approve emergency
repairs. Utility Director Kaluzniak indicated that the Commission
had already approved the item based on quotes for the work.
There was no more discussion and the motion carried unanimously.
D. Ordinance No. S-O1-34 Public Hearing and Final 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
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June 11, 2001
REPLACE THEM WITH THE INTERNAL REVENUE
SERVICE DAILY ALLOWANCE
Motion: Adopt Ordinance No. 5-01-34 on final reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience. No one spoke for or against the
ordinance and the Mayor declared the public hearing closed.
There was no discussion and the motion carried unanimously.
E. Ordinance No. S-O1-35 Public Hearing and Final 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 final reading.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Authorize staff to proceed with the construction of dune
crossovers with handrails at Sixth, Eleventh and
Thirteenth Streets subject to the requirements for
handicapped accessibility (City Manager)
Motion: Authorize staff to proceed with the construction
of dune crossovers with handrails at Sixth, Eleventh and
Thirteenth Streets subject to the requirements for
handicapped accessibility.
Commissioner Waters believed the city would get complaints of the
handrails blocking the view. He felt that three such accesses were not
needed.
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June i 1, 2001
Commissioner Borno inquired concerning handicapped parking.
Parks and Recreation Director Johnson responded that handicapped
parking was available at 6`" and 11`"' Streets, but not 13`" Street.
There being no further discussion, the motion carried by a four to one
vote with Mayor Meserve and Commissioners Beaver, Borno and
Mitchelson voting aye, and Commissioner Waters voting nay.
B. Approve Community Development Block Grant
Program Housing Rehabilitation contract changes in the
amount of $46,154 and authorize the Mayor to sign the
amended contract (City Manager)
Motion: Approve Community Development Block Grant
Program Housing Rehabilitation contract changes in the
amount of $46,154 and authorize the Mayor to sign the
amended contract.
There being no further discussion, the motion carried unanimously.
C. Action on an appeal of the decision of the Community
Development Board to deny a variance requested by Craig
Sutton to allow a boat to be stored in the front yard of his
home at 1746 Beach Avenue (City Manager)
Mayor Meserve indicated that an appeal from a decision made by the
Community Development Board must be based on an illegal action of
the Board. The Mayor indicated that Mr. Sutton's appeal did not cite
any illegal action by the CDB as his basis of appeal.
Motion: Uphold the action of the Community
Development Board to deny a variance requested by Craig
Sutton to allow boat storage in the front yard of his home
located at 1746 Beach Avenue based on no illegal action
taken by the Community Development Board to arrive at
the decision.
There was no more discussion and the motion carried unanimously.
D. Award contract for Sherry Drive Reconstruction
Improvements pursuant to the specifications of bid No:
0001-19 to Callaway Contracting in the amount of
$1,396,461.18 and authorize the City Manager to sign the
contract (City Manager)
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Motion: Award contract for Sherry Drive Reconstruction
Improvements pursuant to the specifications of Bid No.
0001-19 to Callaway Contracting in the amount of
$1,396,461.18 and authorize the City Manager to sign the
contract.
Commissioner Beaver inquired concerning the funding from the City
of Jacksonville For the project. City Manager Hanson indicated that
the $225,000 was included in the budget for the total project and
would be used towazd the cost of the Sherry Drive improvements.
Commissioner Beaver pointed out that BellSouth would reimburse
the city for the additional design fees associated with the conflict
boxes.
City Manager Hanson commented that Callaway Contracting, the low
bidder for the project, was a good contractor who had done work for
the city before. The project is estimated to take 180 days and the City
Manager said he would like to get as much as possible done before
school starts. It was reported that the last inch of pavement would be
installed at the same time as the rest of the Core City Project to
protect it from damage by heavy equipment during construction.
Commissioner Mitchelson expressed concern regarding permitting of
the project since the design for the entire Core City Project was not
complete.
There being no further discussion, the motion carried by a four to one
vote with Mayor Meserve and Commissioners Beaver, Bomo and
Waters voting aye, and Commissioner Waters voting nay.
E. Approve additional design fees for Aikenhead and Odom
for changes to the Sherry Drive Reconstruction Project
design resulting from waterline replacement and the
installation of BellSouth conflict boxes (City Manager)
Motion: Approve additional design fees for Aikenhead and
Odom for changes to the Sherry Drive Reconstruction
Project design resulting from waterline replacement and
the installation of BellSouth conflict boxes as
recommended by staff
Commissioner Mitchelson inquired if the city had obtained a written
contract with BellSouth related to the maintenance costs and
installation of the conflict boxes.
City Manager Hanson indicated that the city was working with
BellSouth to determine the cleaning frequency required for the
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June 11, 2001
conflict boxes. It was pointed out that if the city could not reach an
agreement with BellSouth, they would be required to move their
lines. City Manager Hanson felt it would be in BellSouth's best
interest to come to an agreement with the city before the pre-
construction conference because any larger conflict box installed by
BellSouth would result in a change order and would possibly give the
contractor leverage for lazger change orders. The pre-conference
date for the project was set as the deadline for BellSouth to reach an
agreement with the city.
There being no further discussion, the motion carried unanimously
9. City Manager Reports:
City Manager Hanson reported on the following items:
1997 Sign Ordinance
It was reported that since the fime of the adoption of the
ordinance in 1997, the property owners had up to four years to
bring the signs which extended onto the city's right-of--way
into compliance. City Manager Hanson indicated that within
the next few weeks the city would be requesting property
owners to remove their signs from the city's right-of--way.
Consumer Confidence Reports for Water Quality
A draft copy of the report was distributed, and it was reported
that the Department of Environmental Protection required that
the report be sent to every water customer. It was noted that
there were no violations of any state water standard in either
of the city's water systems in 2000.
10. Reports and/or requests from City Commissioners and
City Attorney
A. City Attorney report on the skateboard liability law
hi response to Commissioner Beaver's inquiry concerning the city's
liability if written rules were posted requiring written pazental consent
for children under 17 years of age to use the skateboard park,
City Attorney Jensen advised that in order for the city to comply with
the requirements of the statute, the city would have to post such rules
and would not be held liable if an underage skateboazder used the
park without written parental consent. He emphasized the need to
follow all of the rules found in the statute.
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A brief discussion ensued and it was the consensus of the
Commission to gather as much information as possible before making
a decision on construction of a skateboard pazk. It was reported that
Parks and Recreation Director Johnson was visiting parks throughout
the state and would report his findings to the Commission. His report
will be available for the upcoming budget workshops.
Commissioner Beaver
Reported that a contractor had damaged the 8`h Street access
during construction of a swimming pool and should be
responsible for the repairs. Commissioner Beaver requested
that the city monitor the situation.
Requested that the city contact BFI Refuse Service and see if
they could adjust their Saturday morning schedule to allow for
a later pick up at the Cloisters.
Distributed copies of a brochure used during a recent fund
raising event for renovations to the Adele Grage Community
Center. Commissioner Beaver reported that $15,000.00 had
been donated. He indicated that the following money had
been committed to the pro}ect: Terry Holland $50,000 the
JEA $25,000 and Ander Crenshaw $10,000 .
It was reported that the next fund-raiser tentatively scheduled
for the end of July would be held outdoors and would include
families and children.
Commissioner Borno
• Indicated that a couple people who had resigned from the
city's various Boards and Committees were sti111isted in the
latest edition of Tideviews and requested that corrections be
made for the fall issue.
• Inquired concerning several large, weedy piles of dirt
dumped in a yard on Seminole Road neaz Mandalay Park,
and expressed concern they would impact nearby swales.
Commissioner Mitchelson
Requested that Commission consideration be given to holding
a quarterly Commission Meeting at an alternate site accessible
to other areas of the city.
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• Updated the Commission on the recent actions of the City of
Jacksonville Redistricting Committee chaired by Council
Member Matt Carlucci, and suggested the Commission might
wish to consider litigation to keep the three Beach Cities
together. He indicated that the Committee used voting age as
the criteria to set the districts, and did not appear to be
interested in keeping the three cities together.
Discussion ensued and Gity Attorney Jensen advised that there
were guidelines and criteria the City Council must follow for
the redistricting, and there would be little to challenge if they
followed those guidelines.
It was the consensus of the Commission that the City Attorney
check into other litigation cases following the 1990 census, as
well as any other options the city might have. It was
suggested that the three cities might wish to join together in
this matter and City Attorney Jensen will also look into this.
Mayor Meserve
• Urged the Commissioners to attend the Jacksonville Beach 4~'
of July Celebration honoring those who fought in WWII.
Mayor Meserve made the following nomination for appointment to
the Cultural Arts $oazd:
• Motion: Appoint Margie van de Guchte to fill the
unexpired term of Nancy DeCandis on the Cultural Arts
Board.
There was no discussion and the motion carried unanimously.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:00 p.m.
John Meserve
Mayor/Presiding Officer
Attest:
Maureen King
Certified Municipal Clerk
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