Minutes - 09-24-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, SEPTEMBER 24, 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 at 7:15 p.m by Mayor Meserve. A
moment of silent prayer was observed in respect for the victims and
families of the September 11, 2001 terrorists attacks on the World Trade
Center Twin Towers, the Pentagon and the airplane which crashed in
Pennsylvania. The silent prayer was followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Budget Public Hearing. of
September 6, 2001 and the Regular Commission meeting of
September 10, 2001
Motion: Approve the minutes of the Budget Public Hearing of
September 6, 2001 and the Regular Commission Meeting of
September 10, 2001 as presented.
The motion carried unanimously:
2. Courtesy of Floor to Visitors:
A. First Night Presentation
Mary Jenkins, President of the First Night Board of Directors,. introduced
Kim Armstrong, Michelle Tipton and Cindy Grossburg, other members of
the Board of Directors. Ms. 7enkins thanked the city for its support of
First Night over the years, and in appreciation, presented the city with a
framed weaving.
Alan Potter of 374 Second Street felt the Commission should reduce the
proposedbudget by $2,000,000 and reiterated his opposition to the
transfer of water/sewer funds to the general fund. He believed that an
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undue burden had been placed on water/sewer customers. He also felt the
Commissioners should increase the millage rate to stop the transfer of
funds.
Mr. Potter also opposed authorizing Aikenhead and Odom to perform
engineering services at a cost not to exceed $19;500 (Item 8C). He felt
the engineering should beperformed in-house by Public Works Director
Kosoy.
Pat Pillmore of 995 Camelia Street indicated that she was happy that
Council Member Jerry Holland was giving Jacksonville Beach an
opportunity to plan its own destiny concerning the location of the pier.
Ms. Pillmore used the City of Jacksonville's Confederate Park as,an
example and stated that she favored the use of park land as a permanent
solution for drainage problems.
Stephen Kuti of 1132 Linkside thanked Beverly Durham of the Police
Department for her assistance in keeping his wife informed of his well
being when his plane was diverted from Washington, D.C. to Halifax,
Nova Scotia and grounded for several days during the World Trade Center
crisis.
Mr. Kuti also reported that he had been in contact with Mr. Miracle at the.
St. Johns River Water Management District (SJRWMD) and learned that
Aikenhead and Odom had not discussed the 75% completion plans with
them, as indicated during the August 13`h Commission Meeting.
Mr. Kuti referenced a letter written by City Manager Hanson to Mr.
Hilliard concerning a catch basin installed by the Public Works
Department at Sandpiper Lane and Donner Road; and felt the city had
been double billed by a construction company for the work. and also
reported on the below-grade modifications which had been made to the
same drainage inlet.
J.P Marchioli of 414 Sherry Drive reported that the recent heavy rains
and traffic had caused deep, water filled holes to develop on Sherry Drive.
He felt the city should fill the holes since they were a danger to drivers.
Mr. Marchioli agreed with the cancellation of the contract with
Jacksonville Jaycees for park bench maintenance and felt hat any future
contract should be with the Beaches Jaycees.
Mr. Mazchioli opposed signing a contract for lease of a building outside of
the city limits (Item 8H). Mayor Meserve responded that the City of
Atlantic Beach, in partnership with the City of Jacksonville and the
Village of Mayport, were working to improve the area, and stated that. the
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building was leased by the city for $1.00 per year for use by the Mayport
Waterfront Partnership.
Boy Scout Troop 462
Mayor Meserve welcomed members of Boy Scout Troop 462 who were
working on their Citizenship in the Community badges.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow-up Report
City Manager Hanson briefly reviewed each item of his written report, a
copy of which is attached and made part of this official record as
Attachment A.
4. Consent Agenda:
Commissioner Mitchelson requested that Item 4E be removed from.
the Consent Agenda for further discussion.
A. Acknowledge receipt of monthly reports from City
Departments: Police(Code Enforcement and Utility Sales
B. Award a contract to Bradley Bowen construction in the
amount of $70,038.40 for construction of Dune Crossovers
at 6t", 11th and 13`h Streets and a replacement handrail at
18th Street, pursuant to the specifications of Bid #0001-24
C. Award contract to Cuyler's Lawn Service in the amount of
$110,432.00 for Lawn Maintenance for City Facilities
pursuant to the specifications of Bid Number 0001-25
(City Manager)
D. Approve a one year extension to the contract with Charles
Bassett and Associates for land surveying services at the
current contract prices (City Manager)
Motion: Approve Consent Agenda Items A - D as
presented.
There was no discussion and the motion carved unanimously.
E. Acknowledge receipt of report regarding Retirees with
Health Insurance (City Manager)
Commissioner Mitchelson suggested. that it might be more cost
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effective for those retirees sixty-five years of age or older to consider
purchasing a medicare supplemental insurance policy. He also
requested information concerning the ages of the city's thirty retirees.
The report was for informational purposes and no action was
required.
5. Committee Reports:
There were no Committee Reports.
Item 8A was taken out of sequence and acted on at this time.
8A. Public Hearing to seek input on the use of $16,002 in Local
Law Enforcement Block Grant funds (City Manager)
Mayor Meserve opened the floor for a public hearing and invited
comments from the public
J.P. Marchioli of 414 Sherry Drive inquired as to the use of the
grant funds. City Manager Hanson explained that the Police
Department proposed to use the funds to purchase new records
management software.
Since no one else wished to speak, the Mayor closed the public
hearing.
There was no discussion and no action was required.
6. Action on Resolutions:
A. Resolution No. 01-18
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH APPOINTING THE CLERKS, DEPUTIES, AND
INSPECTORS FOR THE CITY'S PRIMARY
ELECTION TO BE HELD ON OCTOBER 2, 2001, AND.
GENERAL ELECTION ON OCTOBER 16, 2001, AND
SETTING THEIR COMPENSATION (City Clerk)
Motion: Adopt Resolution No. 01-18.
Commissioner Waters inquired as to the use ofnon-residents. for the
clerks, deputies and inspectors for the election. City Clerk King
explained that the poll workers were chosen by the Duval County
Supervisor of Elections and some of the inspectors listed may not be
needed for the election.
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September 24, 2001
There was no further discussion and the motion carried unanimously.
B. Resolution No. 01-16
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, LEVYING THE AD VALOREM
PROPERTY TAX MILEAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN
THE CITY FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2001 AND ENDING SEPTEMBER30,
2002; STATING THE PERCENTAGE BY WHICH THE
MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-
BACK RATE; AND PROVIDING AN EFFECTIVE
DATE
Motion: Adopt Resolution No. 01-16 setting the ad
valorem property tax millage rate at 3.1721 mills.
Mayor Meserve announced that the tentative millage rate was 3.1721
and the roll-back rate was 2.9741 with the tentative millage rate being
6.6575% higher than the roll-back rate. Mayor Meserve indicated
that the purpose for the increase in ad valorem tax revenue was to
maintain adequate funding for the existing level of service with
anticipated increased costs.
Mayor Meserve opened the public hearing and invited comments
from those present.
Stephen Kuti and Alan Potter both favored adoption of the roll-
back rate of 2.9741 mills. Mr. Kuti believed the Commissioners
promised to lower the rate two years ago and felt this had not been
honored. He also felt the tentative millage rate should not be set. by
the City Manager.
J.P. Marchioli requested that the Commission cut back on spending
for fiscal yeaz 2001-2002.
No one else. spoke in favor of or in opposition to the proposed millage
rate and the Mayor declared the public hearing closed.
Commissioner Borno felt the budget was very responsible and
addressed both the present and future needs of the city.
Discussion ensued concerning previous millage rates. Mayor
Meserve recounted that six years ago the millage was raised for
one year to buy pazk land and was lowered the following year.
Commissioner Mitchelson recalled that at that time, the city raised its
millage rate equal to the amount Duval County lowered its millage
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rate, which resulted in a lower combined millage rate for the residents
of Atlantic Beach.
Commissioner Mitchelson stated that he would like to adopt the-roll-
back rate, but felt it-would be fiscally irresponsible to do so at this
time due to the unknown cost for the core city prof ect:
Commissioner Beaver pointed out that the current millage rate
generated approximately $176,000 in additional revenue, which was
needed to continue to provide improved services to the city's
residents.
Mayor Meserve pointed out that the millage rate was not set by the
City Manager, but was arrived at through. a series of budget
workshops, all of which were open to the public. Mayor Meserve
indicated that the millage rate had not been increased in several. years,
but the city received additional revenues through increased
assessments and new construction. He felt the budget was reasonable
and conservative, and pointed out that the additional revenue was
needed to cover increased costs associated with operating the city,
such as employee health. insurance. and increased salaries to hire and
retain good employees.
There was no further discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 20-O1-52 Final Reading and Public Hearing
AN ORDINANCE ADOPTING THE FINAL BUDGET
OF THE CITY OF ATLANTIC BEACH, FLORIDA,
FOR FISCAL YEAR BEGINNING OCTOBER 1, 2001
AND. ENDING SEPTEMBER 30, 2002
Motion: AdoptOrdinance 20-01-52 on final reading.
Mayor Meserve presented the ordinance in full, in writing. He then
opened the floor for apublic hearing and invited comments from the
audience.
J. P. Marchioli commented that the country was in a recession and
felt the city would receive lower bid prices. in the coming yeaz.
No one else spoke in favor of or in opposition to the ordinance and
the Mayor closed the public hearing.
There was no discussion and the motion cazried unanimously.
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B. Ordinance No. 20-O1-53 Final. Reading and Public Hearing
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2000 AND ENDING SEPTEMBER 30,2001
Motion: Adopt Ordinance No. 20-01-53 on final reading.
Mayor Meserve presented the ordinance in full, in writing and
explained that the ordinance covered year end budget modifications.
Mayor Meserve opened the floor for a public hearing. No one spoke
in favor of or in opposition to the ordinance.
Commissioner Bomo commended Finance Director VanLiere for the
keeping the budget adjustments to a minimum.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 58-O1-28 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 3, GENERAL EMPLOYEE
RETIREMENT SYSTEM, SEC. 2-281(b), TO PROVIDE
GENERAL RETIREES WITH A FIVE PERCENT (5%)
COST OF LIVING ADJUSTMENT;. AMENDING
DIVISION 4, SEC. 2-310.10(b) TO PROVIDE POLICE
RETIREES WITH A FIVE PERCENT. (5%) COST OF
LIVING ADJUSTMENT; PROVIDING FOR A
SAVINGS CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
Motion: Approve Ordinance No. 58-01-28 on first
reading.
Mayor Meserve announced that the public hearing and final.
reading of the ordinance would take place on October 8, 2001.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing to seek input on the use of $16,002 in Local
Law Enforcement Block Grant funds (City Manager)
Item 8A was taken out of sequence and acted on before Item 6A.
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September 24, 2001
B. Authorize Waitz &Moye to perform professional
engineering services for the upgrade of West End Lift
Station in the amount of $10,000 (City Manager)
Motion: Authorize Waitz &Moye to perform professional
engineering services for the upgrade: of the West End Lift
Station in the amount of $10,000.
City Manager Hanson briefly explained the request as listed in Utility
Director Kaluzniak's memo dated September l4, 2001.
There was no discussion and the motion carried unanimously.
C. Authorize Aikenhead & Odom to perform the engineering
services for the replacement the force main from. Lift
Station B at a cost not to exceed $19,500 (City Manager)
Motion: Authorize Aikenhead & Odom to perform the
engineering services for the replacement the force main
from Lift Station B at a cost not to exceed $19,500.
Commissioner Waters inquired as to why Public Works Director
Kosoy did not do the in-house engineering projects.
City Manager Hanson explained that Mr. Kosoy did not have enough
time or staff to do the engineering for these projects.
There was no further discussion and the motion carried unanimously
D. Authorize City Manager to execute contracts with Atlantic
Beach Experimental Theater, Atlantic Beach Athleticrr
Association, Beaches Sea Turtle Patrol, Beaches Habitat for
Humanity and Sandra Phillips, Tennis Instructor, for the use
of various city facilities
Motion: Authorize City Manager to execute contracts with
Atlantic Beach Experimental Theater, Atlantic Beach Athletic
Association, Beaches Sea Turtle Patrol, Beaches Habitat for
Humanity and Sandra Phillips, Tennis Instructor, for the use.
of various city facilities.
Commissioner Beaver indicated that he would like to see language
incorporated in the contract which would eliminate monopolization of the
facility.
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City Manager Hanson provided the following language to add to tem3(g)
of the Conditions:
(g) Renter's use of the facility is not exclusive outside of the dates
and time as set forth below. Renter shall leave the facility available for
Commissioner Mitchelson suggested that a penalty for failure to comply
with the terms of the contract be added, as well as proof of insurance
naming the city as additional insured. He also requested that a copy of
proof of insurance be included with the contract.
Commissioner Waters inquired if holidays were protected in the
scheduling calendar. Parks and Recreation Director Johnson indicated that
they were protected.
Discussion ensued and it was determined that the contracts should be
rewritten to include the recommended changes.
Motion: Defer action on the execution of the contracts until
the first Regular Commission Meeting in October.
Pat Pilhnore, a member of the Boazd of Directors of ABET, stated that she
would like more information regarding the proposed changes so that she
could present the information to the board.
There was no further discussion and the motion carried unanimously.
E. Authorize Mayor to sign Grant Project Agreement with
Florida Recreation Development Assistance Program (City
Manager)
Motion: Authorize Mayor to sign Grant Project Agreement
with Florida Recreation Development Assistance Program.
There was no discussion and the motion carried unanimously.
F. Action on the request of Atlantic Beach Experimental,
Theater for an exception to the city code or amendment of
the code to allow them to erect a banner sign (City
Manager)
Motion: Approve request of the Atlantic Beach
Experimental Theater.
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Discussion ensued and Commissioners Mitchelson, Borno, Waters
and Beaver all felt that the ordinance should not be amended to allow
banner signs. They felt. there should be uniform enforcement with no
exceptions.
Mayor Meserve agreed but pointed out that the issue needed to be
addressed since there were brackets on the light poles in Town Center
for banner-type. signs. Commissioner Waters inquired if the city
would be interested in displaying:Americanflags on the poles, and'
also inquired if the city had approved the banners used by First Night.
After further discussion, the motion and second were withdrawn...
The Mayor, who is on the Board of Directors of First Night, stated
that he would discuss the use of banners with other members of First
Night.
G. Accept the report of the City Manager relative to accounts
receivable write-offs and approve the write-off of two
customer accounts with balances in excess of $2,500.00
(City Manager)
Motion: Accept the report of the City Manager relative to
accounts receivable write-offs and, approve the write-off of-
two customer accounts with balances in excess of
$2,500.00.
City Manager Hanson explained the request as writtemin his staff
report dated September 17, 2001, which is attached and made part of
this official record as Attachment B. He indicated that the statute of
limitations for collecting the accounts had expired, but in the future
the city would establish a schedule and write off the oldest accounts
on a monthly basis.
Following brief discussion, the motion carried unanimously.
H. Authorize the City Manager to sign an agreement for the.
lease of an office building for Mayport Waterfronts
Partnership, and to execute future extensions provided
they are under substantially the same terms (City
Manager)
Motion: Authorize the City Manager to sign an
agreement for the lease of an office building for Mayport
Waterfronts Partnership, and to execute future extensions
provided they are under substantially the same terms.,
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There was no discussion and the motion carried unanimously..
I. Approve a salary of $45,822.40 for the City. Clerk for the
coming year (City Manager)
Motion: Approve a salary of $45,822.40 for the City Clerk
for the coming year.
Mayor Meserve commended the City Clerk for her work and thanked
her for the service to the city.. Commissioner Borno also compli-
mented City Clerk King for her professionalism and the timely
manner in which she provided information he requested:
The motion carved unanimously.
J. Approve the Combined Voluntary Cooperation Assistance
Mutual Aid Agreement and authorize the City Manager to
sign the agreement on behalf of the City
Motion: Approve the Combined Voluntary Cooperation
Assistance Mutual Aid Agreement and authorize the City
Manager to sign the agreement on behalf of the City..
There was no discussion and the motion carried unanimously.
9. City Manager Reports:
In addition to the written report, which is attached and made part of
this official record as Attachment C, the following was reported:
Public Works Director Kosoy reported that BFI, the city's
waste hauler, ran eight trucks for twelve hours on Saturday to
catch up on the backlog of yard trash from Hurricane
Gabrielle. He indicated that liquidated damages to the city
would be invoked for the previous week, but not for the
present week.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
• Inquired if the waterways could be sprayed for mosquitoes.
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September 24, 2001
Commissioner Mitchelson
Indicated that he would provide the Commissioners a written
report on the Florida Beach and Shore Preservation
Conference he had attended the previous week.
Commissioner Waters
• Inquired as to the number of sea turtle nests that were lost due
to Hurricane Gabrielle.
• Inquired as to the status of the Jordan Park Community Center
building. City Manager Hanson indicated that completion of
the building was expected in two. weeks.
• .Requested that the Commissioners receive door keys for the
City Hall.
• Inquired as to who inspects dune walkovers. City Manager
Hanson indicated that they were inspected by Recreation
Director Johnson.
• Felt the Boselli Foundation may contribute towards the
community center now being studied by Urbanomics, and
suggested the city keep in contact with the Foundation.
Mayor Meserve.
• Mayor Meserve noted that there was still a vacancy on the
Code Enforcement Board and nominated Ray Breault fore
appointment Boazd.
Motion: Appoint Ray Berault to a three year term on the
Code Enforcement Board.
The motion carried unanimously.
There being no further discussion or business to come before the
Commission, the Mayor declazed the meeting adjourned at 9a0 p.m:
Attest:
John Meserve
Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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