Minutes - 07-09-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELA IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, JULY 9, 2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
ABSENT: Alan C. Jensen, City Attorney
The meeting was called to order at 7:15 p.m by Mayor Meserve. The
invocation, given by Commissioner Borno, was followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the regular Commission meeting of
June 25, 2001
Motion: Approve the minutes of the June 25, 2001
Commission Meeting as presented.
The motion carried unanimously
2. Courtesy of Floor to Visitors:
A. Councilman Jerry Holland
Councilman Jerry Holland addressed the City Commission and
presented the latest redistricting map, which placed the three beach
cities in the same district. He reported, from this point, no major
changes could be made. He then responded to Commissioners'
questions.
Commissioner Mitchelson said he had attended many of the
redistricting meetings and thanked Councilman Holland for his
diligence in working to keep the three beach cities in the same
district.
Commissioner Waters inquired into Councilman Holland's
position regazding the opening of Church Road. Councilman
Holland responded that he felt it would be necessary for Atlantic
Beach to hold a public heazing to address the concerns of the
neighboring residents and to reach consensus before he brought the
matter to the Jacksonville City Council
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July 9, 2001
Commissioner Beaver thanked Councilman Holland for his commitment
of funding to assist with the remodeling of Adele Grage Community
Center.
B. Theresa O'Donnell Price withReport on Air Show
Capt. John Furness, Commanding Officer of Naval Station Mayport, and
Theresa Price, Special Events Coordinator for the City of Jacksonville,
presented a status report and responded to questions regazding the
Jacksonville Sea and Sky Spectacular to be held in the beaches azea
November 1-4, 2001. A copy of the tentative schedule is attached and
made a part of this official record as Exhibit A.
Mort Hanson reported relative to sea turtle nests in Atlantic Beach. He
thanked the City Commission for the use of a vehicle when his vehicle
was out of service and commended the citizens of Atlantic Beach for their
awareness and protection of the nests.
J.P. Marchioli, 414 Sherry Drive, hoped the artesian well in Howell Pazk
would not be capped; preferred the name Adele Grage Community Center
over the new name Adele Grage Cultural Center; regarding the final.
report of the Stormwater Review Committee, felt the City Commission,
not the engineer, should have the final say in the design of the core city
improvement project.
Sally Clemens, 1638 Park Terrace West, presented her preference
for voting districts in Atlantic Beach - (Seats 2 and 5 to be elected
from precincts 03G or 03S and Seats 3 and 4 to be elected from
precincts 03F or 03H).
Bob Totter, 275 11`h Street, felt the requirement of the signatures of
25% of the registered voters at the last election to put a referendum
question on the ballot should be changed to conform to the Florida
Statutes which require the signatures of only 10% of the registered
voters.
Pat Pillmore, 995 Camelia Street,. preferred that the method of
electing City Commissioners not be changed.
3. Unfinished Business from Previous Meeting
A. Submission of Election Data (City Clerk)
Discussion of the election data was included in Agenda Item 7A.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building,
Occupational License, Public Works, Recreation and
Utility Sales Departments (City Manager)
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7uly 9, .2001
Items B and C were removed from the Consent Agenda for further
discussion by Comrnissioners Borno and Waters respectively.
Motion: Accept Consent Agenda Item A as
presented.
There was no discussion and the motion carried unanimously.
B. Award annual contract in the amount of $18,048.00 to All
Seasons Landscape Contractors, Inc. for street sweeping
(every other month) pursuant to thespecifications of Bid
No. 0001-20 (City Manager)
Motion: Award annual contract in the amount of
$18,048.00 to All Seasons Landscape Contractors, Inc, for
street sweeping every other month pursuant to the
specifications of Bid No. 0001-20
Because of the relatively small difference in price between once a
month sweeping and sweeping every other month, Commissioner
Borno suggested accepting the bid for monthly sweeping. Public
Works Director, Bob Kosoy responded that he felt sweeping every
other month would be adequate but felt it may be necessary to
increase the frequency of sweeping when the core city project is
complete.
Following brief discussion, the motion carried unanimously.
C. Waive formal bidding requirements and award contract in
the amount of $14,800 to R&R Electric to repair and
rewire ballfield lights at Donner Park (City Manager)
Motion: Waive formal bidding requirements and award
contract in the amount of $14,800 to R&R Electric to
repair and rewire ballfield lights at Donner Park (City
Manager
Commissioner Waters inquired why the project was not bid out and
the City Manager responded that while Brooks and Limbaugh was
under contract with the city for electrical work, it was the city's
policy to get additional quotes for projects over $10,000, and in this
case the City received a lower quote from R&R Electric.
Following brief discussion, the motion carried unanimously
5. Committee Reports:
There were no Committee Reports.
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July 9, 2001
5. Committee. Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 01-14
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA RELATING TO REQUIRING AND
COLLECTING PERMIT FEES FROM PROVIDERS OF
COMMUNICATIONS SERVICES AND INCREASING
THE LOCAL COMMUNICATIONS SERVICES TAX;
PROVIDING FOR INTENT, PROVIDING FOR
ELECTION NOT TO REQUIRE AND COLLECT
PERMIT FEES; PROVIDING FOR ELECTION TO
INCREASE,LOCAL COMMUNICATIONS SERVICES
TAX, PROVIDING FOR NOTICE TO THE DEPART-
MENT OF REVENUE; PROVIDING FOR SEVERA-
BILITY; PROVIDING AN EFFECTIVE DATE
Motion: Adopt Resolution No. 01-14.
The Mayor reported that the City was required to enact a Resolution
stating the city's intent regazding fees from providers of
communications services by July 16, 2001.
City Manager explained that a number of changes had been enacted
by the Legislature, which would make it easier for telecom-
munications companies to conduct their business because cities would
no longer have different franchise fees. The City had to decide
whether to continue chazging permit fees for construction projects or
to include these fees with franchise fees. He said most cities
throughout the state were consolidating these fees and this Resolution
would. also consolidate the fees in Atlantic Beach.
Following brief discussion and the motion carried unanimously.
B. Resolution No. 01-15
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING THE CHARGES FOR
TOWING ANY MOTOR VEHICLE FROM ANY POINT
WITHIN THE CITY LIMITS OF THE CITY OF
ATLANTIC BEACH; AMENDING THE CHARGES
FOR STORAGE OF SUCH VEHICLES, AND
PROVIDING AN EFFECTIVE DATE
Motion: Adopt Resolution No. 01-15.
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July 9, 2001
Commissioner Mitchelson felt the proposed increase was too high
and Director Thompson explained the fees had not been updated in
more than nine years and the proposed rates were the same as those in
Jacksonville Beach. While these rates would be charged if vehicles
were towed at the request of the Atlantic Beach Police Department,
citizens could use any towing company oftheir choice.
Commissioner Borno felt that the proposed rates were appropriate to
pay wrecker drivers for the dangerous work they do and for the late
night calls.
Following further discussion, the motion carried on a 4 - 1 vote with
the Mayor and Commissioners Beaver, Borno, and Waters voting in
favor of the motion and Commissioner Mitchelson voting nay.
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
AIVIENDMENT Tfl THE CITY CHARTER CHANGIING
THE WAY THE CITY COMMISSIONERS ARE
ELECTED, AND PROVIDING AN EFFECTIVE DATE
(Mayor)
The Mayor read Ordinance No. 33-O1-8 by title only and opened the
floor for a public hearing.
J.P. Marchioli felt it would be an asset to the citizens to have a
Commissioner to represent their area, and was in favor of establishing
four districts, instead of two.
Alan Potter said he supported the comments made by Sally Clemens
under Courtesy of the Floor to Visitors.
Since no one else spoke for or against the ordinance, the Mayor
declared the public hearing closed.
Motion: Adopt Ordinance No. 33-01-8 on final reading.
The Mayor presented alternative language for the referendum
question which he recommended be used in place ofthe language in
the Ordinance under consideration. He indicated that while he was in
favor of requiring candidates for two Commission seats to be
residents of specific voting precincts, it was his intent that all
Commissioners would continue to be elected at large. He said it had
just been brought to his attention that the ordinance under
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July 9, 2001
consideration would restrict the ability of voters to vote for a
candidate in another district. Therefore, he presented alternative
language that would provide that all Commissioners continue to be
elected at-large.
Discussion ensued and Commissioner Bomo indicated he did not feel
there was a problem with the way Commissioners were elected and
he did not feel a change was necessary. Commissioner Mitchelson
agreed with Commissioner Borno and pointed out that the election
data provided by the City Clerk showed that candidates in previous
elections had come from all precincts.
Commissioner Waters felt that Marsh Oaks was not well represented
and he felt that no matter how the City was divided, some areas
would still not be represented. He suggested conducting a straw poll
to ask voters if they would be in favor of appointing a blue ribbon
committee to review the way City Commissioners are elected.
The motion failed with the Mayor and all Commissioners voting nay.
The Mayor said he would sponsor a new ordinance to provide that all
Commissioners would be elected at large, but two Commissioners
would be required to reside within specific voting precincts.
Commissioner Waters, also, indicated he would sponsor an ordinance
to conduct a poll to see of the voters would like the voting procedures
to be reviewed.
8. Miscellaneous Business:
A. Public Hearing and action on a request for ause-by-
exception filed by Dobson Plumbing to operate a plumbing
contracting business at 49 Ardella Road on property zoned
Commercial General (CG) (City Manager)
Motion: Accept the recommendation of the Community
Development Board and approve the use-by-exception
filed by Sidney Dobson (Dobson Plumbing) to operate a
plumbing business at 49 Ardella Road, zoned
Commercial General (CG).
The Mayor opened the floor for a public hearing and invited
comments from the audience. Since no one spoke for or against the
application, the Mayor declared the public hearing closed.
It was pointed out to Mr. Dobson that the use-by-exception would be
granted to him personally, and was for the location at 49 Ardella
Road only.
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July 9, 2001
There was no discussion and the motion carried unanimously.
B. Quasi Judicial Hearing on appeal filed by Michael
Dunlap of the Building Official's interpretation of
"substantial improvement" as it pertains to property at 41
Sixth Street (City Manager)
The Mayor pointed out that since the City Attorney was out of town
and one of the applicants, also, was unable to attend this meeting, this
item was postponed until the next Commission meeting.
C. Approval of Community Development Block Grant
change orders (City Manager)
Motion: Approve Community Development Block Grant.
change orders as recommended by staff:
There was no discussion and the motion carried unanimously.
D. Approve Statewide Mutual Aid Agreement and authorize
the Mayor to sign all related paperwork (City Manager)
Motion: Approve Statewide Mutual Aid Agreement and
authorize the Mayor to sign all related paperwork.
There was no discussion and the motion carried unanimously. ,
E. Approve the Local Law Enforcement Block Grant
Application for 2001/02 requesting $14,402 in grant
funding, and authorize the Mayor to sign all related
paperwork{City Manager)
Motion: Approve the Local Law Enforcement Block
Grant Application for 2001/02 requesting $14,402 in grant
funding, and authorize the Mayor to sign all related
paperwork.
There was no discussion and the motion carried unanimously.
F. Report and related action regarding tree mitigation at
JTA retention pond (City Manager)
The City Manager reported that there was not sufficient room for tree
planting on the site of the JTA retention pond on Mayport Road and
the JTA had agreed to contribute to landscaped medians on Mayport
Road or at another location within Atlantic Beach .
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Commissioner Waters noted that some trees had been planted on
Seminole Road several years ago and said he would like to see the
job completed.
Commissioner Mitchelson confirmed that the trees to be planted on
Mayport Road would be planted within the boundaries of Atlantic
Beach, and suggested an amendment to the language to clarify this
point.
Motion: Add the words "within Atlantic Beach
boundaries" after the words "Mayport Road" on Page 2,
#2 of the agreement and approve Tree Mitigation
Agreement with the Jacksonville Transportation
Authority (JTA) as amended
There being no further discussion, the motion carried unanimously.
G. Approve revised Employee of the Month Program
Motion: Approve revised Employee of the Month
Program to recognize an Employee of the Year as
recommended by staff.
The City Manager explained the Employee of the Month Program
was being amended to include guidelines for selection of the
employee ofthe yeaz.
The motion carried unanimously.
Commissioner Waters felt Atlantic Beach needed to recognize
individuals who serve on boazds. The City Commission
concurred.
9. City Manager Reports:
A. Report on enforcement of sign ordinance
Code Enforcement Officer Alex Sherrer reported that many signs in
the City were in violation of the sign ordinance adopted in 1997. He
showed pictures of some of the worst violations and said he planned
to begin enforcement ofthe sign ordinance with signs which were
over 25% dilapidated or abandoned. In accordance with the City
Code, he said he would send letters to businesses giving them thirty
days to correct the violations. The City Commission agreed that
thirty days was adequate and felt the city should bid out removal of
some of the worst signs. so that after the thirty day period, the city
could move ahead and have the signs removed and charge the
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July 9, 2001
businesses for the removal. They felt, however, that it was
appropriate to move more slowly on minor infractions and to handle
them on a case by case basis.
B. Report on Sherry Drive
Public Works Director Bob Kosoy reported a cohtract for the
Sherry Drive improvements was awazded to Callaway Contracting
Company. The pre-construction conference was held on June 20,
2001 and the contractual start date was July 2 with a completion date
of Januazy 2, 2002. He reported that during construction of Sherry
Drive traffic would be limited to one north-bound lane. Ernie Bedel
would serve as the construction inspector. Replacement of wooden
poles with concrete poles by the JEA is 50% complete and the JEA
expects their work to be'complete by July 23. Shop drawings have
been approved and the contractor has been asked to put on hold the
ordering of the conflict structures, which may be changed.
Notification of the project will be hand-delivered to residents and
notices will be placed in the Beaches Leader and Shorelines.
Mr. Kosoy reported the agreement with BellSouth had not yet been
completed and he would continue working on this. He has also been
working with the principal of Atlantic Beach Elementazy School
regazding detouring school buses.
Commissioner Mitchelson felt the City needed to insist BellSouth
make a decision very quickly.
Building Permits
Don Ford reported that building permits are required in Atlantic
Beach for any project valued at $1,000 or more. He reported because
Atlantic Beach is located in a high wind zone, permits aze riow
required for the installation of garage doors. This was a recent
addition to the permitting requirements and some contractors may not
yet be awaze of this requirement.
It was suggested that information regazding permitting be included in
the next issue ofTideviews.
Septic Tank Conversion
The City Manager reported the septic tank conversion program was
now one yeaz old and reported at the begirming of the program there
were 279 septic tanks. To date 27 conversions had been funded using
city funds, 7 conversions had been funded by CDBG funds, 15 septic
tanks aze,in azeas where sewer service is. not available, and 26 have
been converted without city assistance, leaving 204 septic tanks
remaining.
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July 9, 2001
First Night
The City Manager reported First Night is now operating as a SOl(c)3
corporation and $40,549.95 was transferred to their bank account.
Dutton Island
The City Manager reported construction would begin on Dutton
Island on July 23 and the island would be closed to the public during
construction. It is expected the park will reopen by Januazy 1, 2002.
Vacation Plans
The City Clerk requested that Commissioners advise her of their
vacation plans in order to assist with scheduling.
10. Reports and/or requests from CityGommissioners and
City Attorney
Commissioner Beaver:
• Requested that the new trees on Seminole Road not be trimmed for
one year in order to allow them to get properly established;
• Suggested that the holes in the hedge on Plaza at Jack Russell Pazk
be filled with viburnum or legustrum;
• Reported he had attended a meeting of the Mazsh Oaks
Neighborhood Association and noted that it was very difficult for
pedestrians to cross Mayport Road and suggested asking JTA to
regulate the light at Mayport Road/Atlantic Boulevazd to stop
traffic in all directions to allow pedestrians to cross the road;
• Reported on problems he had experienced with AT&T Broadband
and said he hoped to attend meetings of a committee appointed to
look into AT&T service problems.
Commissioner Waters:
• Felt board members should be recognized on an annual basis.
Commissioner Borno:
• Said he was unable to attend the ribbon cutting at Rose Pazk but
liked the way the park had turned out.
• In response to an earlier comment, said he felt the engineers should
have the final-say regazding the design ofprojects, but the City
Commission would have final say regarding funding.
Commissioner Mitchelson:
Felt the trees on Seminole Road needed to be watered.
Mayor Meserve:
• Reported he would be out of town July 17 through July 20.
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There being no further discussion or business to come before the
Commission, the Mayor declazed the meeting adjourned at 10:10 p.m.
John Meserve
Mayor/Fresiding Officer
Attest:
Maureen King
Certified Municipal Clerk
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