Minutes - 06-25-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, JANE 25, 2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Bomo
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 at 7:15 p.m by Mayor Meserve. The
Invocation, given by Commissioner Waters, was followed by the Pledge
of Allegiance to the Flag.
1. Approval of the minutes of the June 4; 2001 Public Hearing on
Selva Marina Streets
Motion: Approve the minutes of the June 04, 2001 Public
Hearing as presented.
The motion carried unanimously.
Approval of the minutes of the regular Commission meeting of
June 11, 2001
Commissioner Bomo requested that Page 10, Paragraph 5 of the minutes
be amended to reflect that Commissioner Mitchelson cast the nay vote.
Motion: Approve the minutes of the June 11, 2001
Commission Meeting as amended.
The motion carried unanimously.
2. Courtesy of Floor to Visitors:
Don Wolfson, Chairman of the Community Development Board,
thanked the Commission for their previous work with the Board and
requested a joint workshop with the Commission to further discuss Section
24-85 of the Zoning Ordinance. The workshop was tentatively set for
July 30, 2001.
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June 25, 2001
J.P. Marchioli of 414 Sherry Drive commented on the following: (1) his
good fortune for not being cited for an expired driver's license when
stopped by an officer, (2) the city's overall water pressure of 50#, which
he believed would not be affected by the installation of a 12" waterline on
Sherry Drive, (3) reiterated his position on use of cost benefit analyses for
city projects, and (4) indicated surprise that the Stormwater Review
Committee (SRC) report (Item 8C) had been submitted and briefly
commented on the recommendations.
Alan Potter of 374 Second Street stated that he had served the City of
Atlantic Beach in various capacities for over forty years and was
concerned for the well being of the city and the costs associated with
capital improvement projects. Mr. Potter provided background
information on the Core City Project, including expenditures for
engineering fees.
Mr. Potter felt that the firms of Aikenhead and Odom and CSI were
overcharging the city for engineering services for the design of the
Sherry Drive 12" watermain and conflict boxes. He felt it was a
duplication of work completed by England, Thims and Miller and
standard designs for conflict boxes provided by the Deparhnent of
Transportation. Copies of the original plans submitted by England, Thims
and Miller showing the 12"waterline and Aikenhead and Odom's request
for payment of the additional fee were distributed.
Mr. Potter also referenced a letter from the Health Department to the city
dated February 1998, which approved the ETM plans for water and sewer,
using DR18 PVC pipe. He also questioned whether the SJRWMD letter
referenced at the previous meeting was a permit for the project, or only
granted the city permission to build what it wanted as long as it did not
pass more than what a 15" pipe would pass.
Pat Pillmore of 995 Camelia Street reported on a Jacksonville
Transportation Authority meeting she attended and provided the
Commissioners an update on mass transit issues.
Mayor Meserve stated that as the Beach cities' representative to the
Metropolitan Planning Organization (MPO), he was aware of the mass
transit discussions and would provide the Commissioners information as it
became available.
A brief discussion of light rail service and transfer station locations
ensued.
Stephen Kuti of 1132 Linkside Drive requested the Commission do
something concerning the poor customer service provided by AT&T
Broadband. He said he had spoken to an AT&T customer service
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June 25, 2001
representative about a billing problem but the representative did not follow
up on his complaint and the billing problem was still unresolved. He felt
AT&T Broadband should be held accountable.
Mr. Kuti reiterated his position on the following: (1) The Sherry Drive
Reconstruction Project, and expressed concern that $I.3 million would be
wasted if the St. Johns River Water Management District did not permit
the Core City Project, and (2) his recommendation for voting districts,
and requested the referendum be placed on the ballot since there was not
enough time to get petitions signed to place the referendum on the
October ballot
Bob Totter of 275 11`h Street commented on the expenses incurred
relative to the purchase and development of Dutton Island Preserve and
requested a statement of the purpose of the purchase.
Mr. Totter also commented on the lack of citizen input concerning the
proposed Church Road extension. He also requested that the referendum
for voting districts be placed on the ballot since there was not enough time
to collect the more than two thousand signatures required by the end of
June.
Dorothy Kerber of 365 L` Street indicated that she was on the original
committee, which was instrumental in having the old city hall named
"The Adele Grage Community Center," to honor longtime City Clerk
Adele Grage, and stated that she and two other committee members were
opposed to changing the name to "The Adele Grage Cultural Center"(Item
6A).
3. Unfinished Business from Previous Meeting
A. Follow-up report from the Regular Meeting of June 11,
2001 (City Manger)
City Manager Hanson briefly reviewed each item of his written
report. The written report is attached and made part of this official
record as Attachment A.
City Manager Hanson introduced Sonya Doerr, the city's new
Community Development Director, and briefly summarized her work
experience. He indicated that Ms. Doerr would begin work July 9,
2001.
Ms. Doerr stated that she was honored to have been selected for the
position and was looking forward to working with the city officials
and citizens of Atlantic Beach.
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June 25, 2001
4. Consent Agenda:
Mayor Meserve requested that Item F be removed from the Consent
Agenda for further discussion, and Commissioner Beaver requested
that Items B and D be removed for further discussion.
A. Acknowledge receipt of monthly reports from Public
Safety and Code Enforcement Departments
C. Authorize extension of contract with Jones Chemicals for
a period of one year for the purchase of chlorine and
sulfur dioxide at their bid price submitted under Bid No.
9899-24 (City Manager)
E. Acknowledge receipt of report from the City Clerk
regarding changes in Financial Disclosure Laws (City
Clerk)
Motion: Approve Consent Agenda Items A, C, and E as
presented.
There was no discussion and the motion carried unanimously.
B. Award Contract to Miranda Contracting in the amount of
$243,075.80 for Dutton Island Preserve Project, excluding
the pavilion, pursuant to the specifications of Bid No.
0001-06 (Rebid) (City Manager)
Motion: Award Contract to Miranda Contracting in the
amount of $243,075.80 for Dutton Island Preserve Project,
excluding the pavilion, pursuant to the specifications of
Bid No. 0001-06 (Rebid).
City Manager Hanson reported that the contractor had objected to
eliminating the pavilion from the bid, but was willing to remove the
contingency and substitute a less costly pavilion with a simpler roof
design.
A brief discussion ensued and Commissioner Borno amended his
motion to reflect the revised dollar amount of $250,452.
Amended motion: Award contract to Miranda
Contracting in the amount of $250,452 for Dutton Island
Preserve Project, pursuant to the specifications of Bid No.
0001-06, and authorize the City Manager to sign the
contract.
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June 25, 2001
Commissioner Beaver noted that the city had received a grant for
reimbursement from the Florida Inland Navigation District (FIND)
for 50% of the project. It was further noted that the city had been
working on the project for many years and construction of the Dutton
Island Preserve prof ect would provide the citizens of Atlantic Beach
and others who visit the city a wonderful passive park.
Mayor Meserve noted that this was a joint project with the City of
Jacksonville and he pointed out that over the years, the citizens of
Atlantic Beach were involved in many public meetings and charettes
to determine the types of parks they wanted throughout the city.
Commissioner Waters praised the city's efforts to obtain grant funds
for development of a great park system.
There being no fiirtller discussion the motion carried unanimously.
D. Acknowledge receipt of report from the Human Resource
Department regarding health insurance coverage (City
Manager)
City Manager Hanson explained that American Heritage Life, the
city's current health insurance provider, indicated they would not be
providing health insurance coverage after December 31, 2001.
He further explained that the city had experienced a "bad histor}~' due
to several recent major medical claims, and was having difficulty
getting insurance companies to submit proposals.
A brief discussion of the problem ensued. It was suggested that the
beaches cities might combine to form a larger group or the city might
form a group with businesses from the private sector. Commissioner
Beaver suggested that Commissioner Waters network with other
cities at the upcoming Florida League of Cities Conference to see
how they handled their health insurance issues.
City Manager Hanson indicated he would keep the Commission
informed as more information was received.
F. Acknowledge receipt of report from the City Clerk
regarding requirements for including a referendum on the
ballot for the Municipal Election on October 2, 2001 (City
Clerk)
The Mayor explained that when the idea of voting districts first came
up, he met with a group of citizens, which included Stephen Kuti,
Bob Totter and Dorothy Kerber, and told them he would take to the
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Commission an idea he had for districts, which would offer the
citizens an option. At that time, he believed there was plenty of time.
for the matter to be placed on the October ballot by petition, if the
Commission chose not to act on his option. However, since that
meeting, Mayor Meserve explained that he learned that more time
was needed for the Supervisor of Elections to verify signatures and
the petitions would have to be submitted to their office by the end of
June.
Mayor Meserve stressed that it was never the intention of the
Commission to delay this matter and requested that ordinance No. 33-
01-08 be brought back at the next meeting for a final public hearing
and vote.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 01-12
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH PROVIDING FOR THE FUTURE USE OF THE
ADELE GRAGE COMMUNITY CENTER, AND
PROVIDING AN EFFECTIVE DATE (Commissioner
Beaver)
Motion: Adopt Resolution No. 01-12.
Commissioner Beaver reported that $22,000 had been raised from the
community toward the renovations of the Adele Grage Community
Center. He stated that passage of the resolution would ensure that the
building would not be converted into offices in the future.
There was no discussion and the motion tamed unanimously.
B. Resolution No. 01-13
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH CHANGING THE NAME OF THE ADELE
GRAGE COMMUNITY CENTER TO THE ADELE
GRAGE CULTURAL CENTER, AND PROVIDING AN
EFFECTIVE DATE (Commissioner Beaver)
Motion: Adopt Resolution No. 01-13.
Commissioner Beaver stated that he had requested the change to
"update" the name of the building and it was not intended to offend
anyone.
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June 25, 2001
Mayor Meserve explained that grant money was available for projects
such as cultural centers, museums and theatres, but not for
community centers.
Discussion ensued and Commissioner Waters suggested consideration
be given to changing the name to Adele Grage Cultural Arts Center or
Adele Grage Cultural Arts and Resource Center.
There was no more discussion and the motion carried unanimously.
7. Action on Ordinances:
There was no action on ordinances.
8. Miscellaneous Business:
A. Authorize a five percent (5%) pay increase and a $300.00
per month car allowance for the Utility Director (City
Manager)
Motion: Authorize a five percent (5%) pay increase and a
$300.00 per month car allowance for the Utility Director.
There was no discussion and the motion carried unanimously.
B. Designate Commissioner Waters as Atlantic
Beach's voting delegate at the 75~h Annual Conference
of the Florida League of Cities
Motion: Designate Commissioner Waters as the city's
voting delegate at 75`h Annual Florida League of Cities
Conference.
Commissioner Beaver requested that Commissioner Waters look into
the following issues while at the conference: (1) Health insurance,
(2) ordinances relative to duplexes, and (3) the county impact on a
municipality's zoning ordinance relative to platting.
There being no further discussion, the motion tamed unanimously.
C. Receipt and discussion of recommendations of the
Stormwater Review Committee (SRC)
Mayor Meserve indicated that the recommendations of the
Stormwater Review Committee (SRC) would be considered and
included wherever possible. Mayor Meserve briefly commented on
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June 25, 2001
each item. The recommendations are attached and made part of this
official record as Attachment B.
Commissioner Bomo indicated that he had no problem accepting the
recommendations, but pointed out that the SRC merely acted in an
advisory capacity and the engineers should have the final say.
There being no further discussion, the motion carved unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following items:
A. Rose Park ribbon cutting
Reported that the Ribbon Cutting Ceremony for the city's
newest park would be held at 9:00 a.m., Saturday, June 30,
2001.
B. Workshop Meeting
• Indicated that he would schedule a workshop meeting with the
Community Development Board for fiirther discussions of the
proposed zoning ordinance.
C. AT&T Broadband Complaints
• Reported that the City had received fourteen complaints in
one day concerning poor customer service, missed
appointments, and billing errors. He indicated that the
number of complaints against the company had increased
dramatically and AT&T maybe in violation of terms of its
franchise agreement in several areas, including the
requirement to submit monthly outage reports to the city,
customer notification of outages, billing credit for outages,
and FCC specifications for customer service. City Manager
Hanson felt that the problems came from-the corporate level in
that they were not providing enough resources to adequately
train customer service and maintenance personnel.
Discussion ensued and the Commissioners expressed
frustration with the poor service. It was the consensus of the
Commission that something needed to be done, and as a
starting point, City Manager Hanson was directed to put
AT&T on notice that they are in default of their franchise
agreement and that the city would like to receive the required
monthly outages report. They requested that the city work
with the other beaches cities and the City of Jacksonville to
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resolve the problems, and that a log of complaints be kept at
City Hall.
D. Jacksonville Regulatory and Environmental Services
Department Fine
Reported that the city had been charged a $400 fine for not
properly testing its fuel tank. Utility Director Kaluzniak
briefly explained the circumstances which lead to fine.
Utility Director Kaluzniak further explained that since it was a
new tank, which was installed in September, and still under
warranty with the warranty inspection due in May, the
inspection was overlooked. The annual inspection should
have been conducted in September.
E. Report on Consumptive Use Permit Renewal
• Indicated that the report had been prepazed by Utility Director
Kaluzniak and pointed out that the state had questioned
whether or not it would renew the permit which allows the
city to continue to use the artesian well in Howell Park.
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen
Stated that at the last meeting it was suggested that he
investigate certain matters concerning redistricting, and
indicated that he would like to put his investigation on hold in
light of the fact that the most recently published redistricting
map indicated that the beaches cities would be kept together.
There were no objections to the request.
City Clerk King
Relative to the information provided in Item 4F, City Clerk
King stated that there seemed to be an inference that the city
either provided misinformation or had not provided
information to the public concerning the requirements for
including a referendum on the ballot for the October 2, 2001
Municipal Election. She stated that she had been made aware
of the Supervisor of Elections deadline of June 30`h for the
submittal of petitions by Mrs. Kerber after the last
Commission Meeting. Mrs. King indicated that the
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information included in Item 4F was correct and she would be
happy to meet with anyone to answer questions.
Commissioner Mitchelson
• Submitted his list of questions concerning municipal voting
districts to City Clerk King.
• Inquired if the city had any recourse concerning the erroneous
modeling data it paid for, and was first used by Aikenhead and
Odom until identified as erroneous information by an
independent consultant.
City Manager Hanson stated that he had asked the same
question, and although he felt he could answer the question,
he would rather wait until Public Works Director Kosoy was
present. He indicated that he would report on this matter at
the next meeting.
Mayor Meserve
• Reminded everyone of the 4`s of July celebration in
Jacksonville Beach and reported that the ceremony honoring
World Waz II veterans would be held at 5:30 p.m.
Reported that there would be a presentation on the Navy Air
Show by Theresa O'Donnell, Director of Special Events for
the City of Jacksonville, and the Base Commander at the July
9~' Commission Meeting.
• Requested that Commissioner Mitchelson continue to monitor
the redistricting and stated that he would speak with Alberta
Hipps concerning this matter.
Commissioner Waters
Inquired if someone should attend future JTA transit study
meetings. City Manager Hanson indicated that the
Community Development Director would attend future
meetings.
Inquired concerning enforcement of the Sign Ordinance: City
Manager Hanson explained that many signs in the city were
located on or overhung the city right-of--way and would have
to be moved. He indicated that Code Enforcement Officer
Sherrer, Chief Thompson and he would make a visual
inspection of signs throughout the city later in the week.
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• Inquired conceming the freshwater pond on Dutton Island and
was informed that it would be tamed into a freshwater marsh.
• Inquired concerning curving the bottom of the conflict boxes
to be installed on Sheny Drive in order to be able to flush out
debris and save on maintenance costs.
• Inquired conceming the feasibility of installing a sump pump
to remove water in Town Center.
Mayor Meserve
• Commented on the dedication of the Habitat House which he
attended over the weekend, and indicated that the entire area
was vastly improved.
Reported that the new Community Center was under
construction.
Commented that he had driven through the unopened section
of Church Road and found evidence of illegal activities and
dumping and felt it should be opened for the safety of the
adjoining property owners.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 9:30 p.m.
John Meserve
Mayor/Presiding Officer
Attest:
Maureen King
Certified Municipal Clerk
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