Minutes - 07-23-01MINUTES OF 'THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY; JULY 23, 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 of 7:15 p.m by Mayor Meserve. The
Invocation, given by Mayor Meserve, was followed by the Pledge of
Allegiance to the Flag.
Approval of the minutes of the regular Commission meeting of
July 9, 2041
Motion: Approve the minutes of the July 9, 2001 Commission
Meeting as presented.
The motion carried unanimously.
2. Courtesy of Floor to Visitors:
Chief Thompson congratulated the City's Lifeguards for winning first
place in the U.S. Life Saving Association's regional competition.
Lifeguard Captain John Phillips introduced the members of the winning
team and announced that the thirteen member team would represent the
City in the national competition to beheld in Miami, Florida, August 8 -
11, 2001.
Pat Pillmore of 995 Camelia Street, felt that any change to the method of
electing Commissioners should come from the citizens, not the
Commissioners.
J.P. Marchioli of 414 Sherry Drive indicated that it was nice to have less
traffic on Sherry Drive (Sherry Drive is currently being reconstructed);
favored dividing the city into four voting districts; and pointed out Items
4B and 8C on the agenda, which he believed indicated disproportionate
expenditures between the east and west sides of town.
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July 23, 2001
Stephen Kuti of 1132 Linkside Drive opposed the use of a timer as
limiting freedom of speech; expressed concem for the amount of money
being spent for the beautification of the 19`h Street beach access (Item 8C);
indicated that he would like to beautify 11`h Street and the east side of
Linkside Drive, but a source for water was needed to keep the plants
alive; indicated that he favored four voting districts, but felt that
Ordinance 33-O1-10 was a good proposal; and felt that Ordinance 33-01-
11 was unnecessary.
Bob Totter of 275 11`" Street hoped the Commissioners would vote in
favor of Ordinance 33-01-10.
AI Rabassa of 1132 Live Oak Lane expressed concern regarding the cost
of the 19'h Street beach access beautification project, and the manner in
which the plants were purchased by Mr. Elmore (Item 8C).
Sally Clemens. of 1638 Park Terrace West agreed with Mr. Rabassa
concerning Item 8C and also inquired concerning the hourly rate being
paid to the Contract Building Inspector (Item 8D), which was considerably
more per hour than the salary advertised for the position of Deputy
Building Official
Mayor Meserve responded to comments made conceming Item 8C and
explained that prior approval was obtained and money was budgeted for
the 19`h Street beach access beautification project. He indicated that
private donations paid for more than one-half of the costs of the project
and residents provided all of the labor.
Commissioner Waters felt that the comments concerning Item 8C were
unfair in their presentation. He indicated that many interested citizens
were involved in the on-going process to make the city beautiful. He
pointed out that the beach accesses had been improved, not just for the
adjoining residents, but for the use and enjoyment of all the residents of
Atlantic Beach. Commissioner Waters also pointed out that beautiful
accesses were developed at Tideviews Preserve and were being developed
at Dutton Island Preserve to provide Intracoastal access for everyone.
3. Unfinished Business from Previous Meeting
There was no unfinished business from the previous meeting.
4. Consent Agenda:
Commissioner Borno requested that Item 4B be removed from the
consent agenda for further discussion.
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July 23, 2001
A. Acknowledge receipt of monthly reports from Public
Safety Department (City Manager)
C. Award contract to RUS of Gainesville for uniform rental
and cleaning for Public Works pursuant to the .
specifications of Bid No. 0001-22 (City Manager)
Motion: Approve Consent Agenda Items A and C as
presented.
There was no discussion and the motion carried unanimously.
B. Award contract in the amount of $35,800 to Beachcombers
for beach cleaning fora 12-month period, pursuant to the
specifications of Bid No. 0001-21 (City Manager)
Motion: Approve Consent Agenda Item B as presented.
Commissioner Bomo inquired as to the type of vehicle used to pick
up trash on the beach and the responsibility for emptying the trash
containers. Pazks and Recreation Director Johnson responded that a
small all terrain vehicle (ATV) was used and Beachcombers were
responsible for emptying the containers. Commissioner Borno
requested that the trash containers be emptied more frequently.
There being no further discussion, the motion carved unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. .Action on Ordinances:
A. Ordinance No. 33-01-10: 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 WAY THE CITY COMMISSIONERS ARE
ELECTED, AND PROVIDING AN EFFECTIVE DATE
(Mayor)
Motion: Adopt Ordinance No. 33-01-10 on first reading.
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July 23, 2001.
Mayor Meserve believed it was reasonable to allow the electorate to
decide whether or not the way Commissioners are elected should be
changed. He pointed out that passage of the ordinance would not
make the change, but would submit the question to the electorate.
Commissioner Borno opposed passage of the ordinance and reiterated
his position that voting districts were not necessary.
Commissioner Mitchelson felt the current system of electing
Commissioners was the best for the city. He felt no restrictions
should be placed on potential candidates, and pointed out that
historically, candidates had come from all precincts, Commissioner
Mitchelson believed implementation of voting districts would
increase the incidence of uncontested seats, and provided statistics
from past elections to support his position.
There being no further discussion, the motion failed by a two to three
roll call vote with Commissioner Beaver and Mayor Meserve voting
aye and Commissioners Borno, Mitchelson and Waters voting nay.
B. Ordinance No. 33-01-11: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH,. FLORIDA, PLACING ON THE BALLOT AT
THE NEXT MUNICIPAL ELECTION ANON-BINDING
STRAW BALLOT REGARDING THE WAY CITY
COMMISSIONERS ARE ELECTED, AND PROVIDING
AN EFFECTIVE DATE (Commissioner Waters)
Motion: Adopt Ordinance No. 33-01-11 on first reading.
Commissioner Waters believed that passage of the ordinance would
give those citizens who felt the city needed to change the way
Commissioners were elected an opportunity to voice their opinion.
Following a brief discussion, the motion failed with all
Commissioners and the Mayor voting against the motion.
8. Miscellaneous Business:
A. Quasi Judicial Hearing on appeal. of the Building Official's
interpretation of "substantial improvement" as it pertains
to property at 41 Sixth Street, filed by Michael Dunlap
(City Manager)
City Manager Hanson reported that this item had been resolved and
Item 8A was removed from the agenda.
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July 23, 2001
B. Approve changing the City's workweek from Wednesday
through Tuesday to Sunday through Saturday, authorize
employees to cash in sufficient personal leave or
compensatory time to make up the difference in their
normal pay check; and authorize employees, so
requesting, to be advanced personal leave, with the
employees repaying the City at the rate of two (2) hours
per pay period (City Manager)
Motion: Approve changing the City's workweek from
Wednesday through Tuesday to Sunday through
Saturday; authorize employees to cash in sufficient
personal leave or compensatory time to make up the
difference in their normal pay check; and authorize
employees, so requesting, to be advanced personal leave,
with the employees repaying the City at the rate of two (2)
hours per pay period.
Commissioner Borno confirmed that the change was necessazy to
implement direct deposit banking services for city employees.
There was no discussion and the motion carried unanimously.
C. Approve purchase of plants for landscaping the 19th Street
beach access in the amount of $5,557.00 (City Manager)
Motion: Approve purchase of plants for landscaping the
19th Street beach access in the amount of $5,557.00.
City Manager Hanson explained that the city's policyconcerning
beach access beautification provided up to $2,500 in matching funds
for each project, and that the 19`h Street Beach Access Committee
had raised more than $2,500 for this project. He further explained
that the only issue was that planting materials were ordered by a
committee member without following proper purchasing procedures.
Discussion ensued and Commissioner Waters inquired if projects
other than beach access could receive matching funds from the city.
City Manager Hanson indicated that the end of Selva Marina Drive
project and the Oceanwalk entrance project had been approved to
receive matching funds under similar guidelines.
Commissioner Mitchelson confirmed that the city would contribute
$2,500 toward the project. City Manager Hanson indicated that the
city would fund $2,500, and had waived the tap-in fee for the
irrigation water meter.
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July 23, 2001
Commissioner Beaver felt there was some confusion and requested
further clarification of the amount the city was actually spending. It
was explained that the city would write a check in the amount of
$5,557, which included $2,500 from the city and the'remainder from
funds deposited with the city by the 19`h Street Beach Access
Committee.
There being no further discussion, the motion carried unanimously.
D. Approve contract with Karl Grunewald to conduct
building inspections (City Manager)
Motion: Approve contract with Karl Grunewald to
conduct building inspections.
City Manager Hanson explained that the contract inspector received
no benefits, used his own vehicle and received no mileage. He
further stated that the city was looking for a fulltime Deputy Building
Official, and while that person would be paid less they would receive
benefits.
There being no fiirther discussion, the motion carried unanimously.
9. City Manager Reports:
A. Skate Board Park Report
Parks and Recreation Director Johnson provided statistical data
concerning the following Skate Parks he visited: Satellite Beach,
Ormond Beach and St. Johns County. His report is attached and
made part of this official record as Attachment A.
A question and answer session followed the presentation.
Commissioner Beaver requested that Parks and Recreation Director
Johnson check with Satellite Beach for further information
concerning the length of time the fee has been charged for use of its
park and the fee's impact on usage of the facility. Commissioner
Mitchelson requested additional information on contracting with a
private vendor to provide concessions and monitor the park, parental
waivers, and liability.
City Manager Hanson
• Reported that the proposals had been received concerning the
Community Center Study. He indicated that the study included
consideration of the effect a Skate Park would have as part the
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July 23, 2001
Community Center. He felt the recommendation to hire a
consultant would be presented at the next Commission Meeting
• Reported that the budget would be submitted to the Commissioners
for their review around August 1St. Budget Workshops would be
scheduled after the August 13th Commission Meeting.
• Reported that a recent article in the Beaches Leader contained
.misinformation concerning street paving in the Marsh Oaks area
and deferred to Public Works Director Kosoy for an explanation of
the actual work performed in Marsh Oaks.
Public Works Director Kosoy indicated that all of the local option
gas tax money received between 1989 and 1995 was spent to pave
every streef and install waterlines in Section H (now called Marsh
Oaks). The street ends left unpaved were dane so at the request of
the residents. Tn addition to Marsh Oaks improvements, Public
Works Director Kosoy provided a list of otherstreet improvements
west of Mayport Road whichancluded the reconstruction of Main
Street north of Levy Road in 1991 and paving of Levy Road in
1999.
Public Works Director Kosoy stated that implementation of the
city's Pavement Management System software would setup a
paving schedule for the entire city.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
Requested that consideration be given to provide monetary
support to send the lifeguards to the national competition in
Miami.
Motion: Authorize the expenditure of $1,000 to send the
lifeguards to the national competition to be held Miami
Angnst 8 -11, 2001.
Following brief discussion the motion carried unanimously.
Reported on the medical condition of former Commissioner
Bob Cook. who suffers from diabetes, and requested that he
be kept in everyone's prayers.
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July 23, 2001
Commissioner Mitchelson
Requested that theseven to nine lazge trees on Seminole
Road, which appeared to be dead, be replaced by the
contractor as they were still under warranty.
Commissioner Waters
• Requested that the community support diabetes reseazch.
• Refetenced a letter the Commissioners received offering to
sell Lot 345 in the core city azea to the. city and inquired if the
lot would be of any use to the city.
City Manager Hanson indicated that he would report back to
the Commission as soon as the city finishes its analysis of the
offer.
• Reported that he would be out of town until August 1, 2001.
Commissioner Mitchelson
Inquired concerning the status of the BellSouth Maintenance
Agreement negotiations. City Manager Hanson reported he
would be meeting with representatives from BellSouth later in
the week.
Mayor Meserve stated that he would contact Michael Stewart
of BellSouth in an effort to speed up the negotiations.
Commissioner Waters inquired conceming the use of a curved
bottom baffle box. City Manager Hanson indicated that the
engineers for the project felt the land on Sherry Drive was too
flat for a curved bottom baffle box to work effectively
without maintenance. City Manager Hanson and Public
Works Director Kosoy will further discuss the design of the
baffle boxes, since they maybe able to be modified to
improve water velocity, but will still have to be cleaned more
'often than BellSouth feels necessary.
Mayor Meserve
• Reported that he had received a letter from residents living
adjacent to the property on West Plaza recently purchased
for a soccer park, requesting that the city maintain a privacy
fence and buffer area between their property and the park.
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Mayor Meserve stated that he would meet with the group in
the near future to address their concerns.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 8:45 p.m.
John Meserve
Mayor/Presiding Officer
Attest:
Maureen King
Certified Municipal Clerk
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