Minutes - 10-08-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
'7:15 P.M. ON MONDAY, OCTOBER 8, 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. The
Mayor requested a moment of silent prayer for American military
deployed to the Middle East to fight the long war against terrorism. -The
moment of silent prayer was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission meetings
of September 24, 2001 and October 2, 2001
Commissioner Borno pointed out a scrivener's error on Page 8, Item 8C of
the September 24, 2001 minutes and indicated that the word "oP' was
omitted from the heading and motion. Commissioner Waters requested
that the spelling of Mr. BreaulYs name be corrected on the last page of
the minutes.
Motion: Approve the minutes of the Regular Commission
Meeting of September 24, 2001 as amended and the October 2,
2001 meeting as presented.
The motion carried unanimously.
2. Courtesy of Floor to Visitors:
Commissioner Mitchelson read from a prepazed statement and reported
that contrary to what his opponent, Paul Parsons, has stated, he was not
conceding the upcoming general. election to him. He also reported that he
had received endorsements from other candidates who lost in the primary
election.
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October 8, 2001
Alan Potter of 374 Second Street spoke in opposition to Item 4C as and
inquired as to who was the engineer of record, who would review the
plans, and how a dollar figure for the project could be arrived at without
plans.
Stephen Kuti of 1132 Linkside commented on the following items: (1)
Questioned the authority of Public Works Director Kosoy to grant
permission for use of the 14`h Street beach access (Item 4E), (2) Felt the
city was wasting $2-3 million per yeaz on consulting engineers and should
have a qualified .engineer on staff, (3) Stated that campaign contributions
for Mr. Pazsons had come from outside the city limits and indicated that
one contributor was a car dealership who does business with the city, and
(4) indicated that he had written a letter to the editor requesting that the.
media evaluate his previous concern that the city had been double billed
by a construction company for construction of a catch basin located at
Sandpiper Lane and Donner Road.
Bob Totter of 275 11th Street, Alan Potter and Stephen Kuti endorsed
Theo Mitchelson for Commission Seat 4.
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.
• Reserved Parking Signs for Elected City Officials:
Motion: Approve purchase of "Reserved Parking" signs
for elected city officials.
Commissioner Waters indicated that he would like to have the
signs for use on Commission Meeting nights since it was
sometimes very difficult to find a pazking space. A brief
discussion ensued and it was the consensus of the Commission that
the "Reserved Pazking" signs were not needed.
The motion died for lack of a second.
• It was reported that four turtle nests were destroyed and three nests
were damaged by Tropical Storm Gabrielle.
• City Manager Hanson indicated that he had previously addressed
Mr. Kuti's allegation concerning double billing for catch basin
construction at Donner Road and Sandpiper Lane in his letter dated
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October 8, 2001
December 12, 2000, and explained that the city had not been
double billed for the work.
Public Works Director Kosoy provided a status report on the
Sherry Drive improvements project, a copy of which is attached.
and made part of this official record as Attachment B. He
indicated that the project was two days behind schedule due to
extra work involved in removing buried tree trunks found beneath
the roadbed when installing waterlines. Public Works Director
Kosoy indicated that it would be extremely expensive to remove
all the tree trunks and staff would review and evaluate other ways
to stabilize the roadbed.
B. Authorize the 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 (City Manager)
City Manager Hanson explained that revisions needed to be made to the
current agreements to include language making the facilities available for
other users. He indicated that. the current renters had agreed. to this
requirement and new contracts would be drafted incorporating the change.
City Manager Hanson reported that all of the renters, except Mort Hanson
of the Sea Turtle Patrol, had agreed to provide proof of insurance naming
the city as "additional insured," and new certificates would be submitted
with the revised rental contracts. Mr. Hanson had requested waiver of the
insurance requirement since he was the only person using the office.
Discussion of insurance coverage ensued and Commissioner Mitchelson
felt the city should treat everyone equitably and make no exceptions to the
insurance requirement. He felt it would be better to allow the Sea Turtle
Patrol to operate as an arm of the city.
There was no more discussion and it was the consensus of the
Commission to table Item 3B and bring back the revised contract
agreements and insurance requirements at a future date.
4. Consent Agenda:
Commissioner Mitchelson requested that Items 4C and 4B be
removed from the Consent Agenda. for further discussion.
A. Acknowledge receipt of monthly reports from City
Departments: Occupational License, Public Works, and
Recreation Departments (City Manager)
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October 8, 2001
B. Award an annual contract to Calciquest for the purchase
of orthophosphate for use in the city's water treatment
facilities at a cost of $0.569 per pound, pursuant to the
specifications of Bid No. 0001-26 (City Manager)
D. Acknowledge receipt of report regarding renewal of city
insurance (City Manager)
Motion: Approve Consent Agenda Items A, B, and D as
presented.
There was no discussion and the motion carried unanimously.
C. Award adesign/build contract in the amount of
$340,655.50 to Gruhn May, Inc. for Beach Avenue Water
Main replacement pursuant to the specifications of Bid
No. 0001-23 (City Manager)
Motion: Approve Consent Agenda Item C as presented.
Commissioner Mitchelson stated that he would like to defer action on
Item 4C and suggested that it be included as a bid alternate with the
Core City Project in order to save on mobilization costs.
Commissioner Borno felt the design for the Core City Project was too
far along to make changes at this time.
Utility Director Kaluzniak addressed the comments made by Alan
Potter under Item 2 and reported that the original design by Gee and
Jensen would be used for the prof ect, Robert Phillips would be the
engineer of record, and that she, along with Tim Townsend, and
Harry McNally, would review the plans. She felt that to include thi:
project with the Core City Project would cause a delay since the
permits had already been issued and would have to be amended.
Ms. Kaluzniak's Staff Report dated October 1, 2001, regarding this
project is attached and made part of this official record as
Attachment C.
Mayor Meserve felt the city should move forward with this project.
There being no further discussion, the motion carried by a four to one
vote with Mayor Meserve and Commissioners Beaver, Borno and
Waters voting aye and Commissioner Mitchelson voting nay.
E. Acknowledge receipt of petition regarding the use of the
Beach Access at 14~h Street (City Manager)
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October 8, 2001
Commissioner Mitchelson agreed with the petitioners and believed
that the permission to use the beach access should be rescinded. He
also felt that a request to use beach access should come before the
Commission.
City Manager Hanson explained that some concerns expressed in the
petition were based on misinformation. He stated that the contractor
would have been able to use one-half of the access, and at no time
would it have been closed to the public. He felt the Commission
should approve requests to close a beach access. City Manager
Hanson indicated that Steve Rosenbloom, who lives adjacent to and
maintains the access, did not object to its use.
It was reported that as of this date, the city had not received any plans
for the project and no permits had been issued. City Manager Hanson
stated that the owner of 1393 Beach Avenue now plans to demolish a
portion of his existing house on the Beach Avenue side of the lot in
order to access the beach side of the lot.
Discussion ensued concerning use of public accesses for construction
purposes and Commissioner Beaver felt that there should be written
guidelines for use of public accesses for construction and an
application should be submitted and the condition of the access
documented before permission is given.
Mayor Meserve believed the request was handled properly and stated
that he was meeting with some of the petitioners the following day to
alleviate their concerns. Mayor Meserve requested that some type of
formal documentation be made to indicate that the property owners
changed their original plans and will no longer need to use the beach
access.
The report was for informational purposes and no action was
required.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Authorize the City Manager to sign form DR422 certifying
the millage rate for Atlantic Beach and adopt the
appropriate Resolution
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, LEVYING THE AD VALOREM
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October 8, 2001
PROPERTY TAX MILEAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN
THE CITY FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002
AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the Resolution by title only, and requested that
an emergency be declared so the. appropriate action could be taken to
adopt the Resolution. Mayor Meserve also requested that a procedure
be established for placing emergency items on the agenda.
Motion: Declare an emergency and take action on the
Resolution levying the millage rate and the request to
authorize the City Manager to sign form DR422 certifying
the millage rate for the City of Atlantic Beach.
City Manager Hanson reported that the city had been informed of a
possible shortfall in state revenues for the coming year. It was
reported that the city received approximately $1.5 million from the
state. He further reported that the city's budget was based on
estimates received from the Property Appraiser's Office, and during
the budget process the city adopted a millage rate of 3.1721 based on
a valuation of $739,602,563. It was explained that since that time, the
valuation for the city has been adjusted upward by 4.61 % for a total
of $773,697,776.
City Manager Hanson father explained that the city could either (1)
accept the adjusted value with the current adopted millage rate,
which would increase the tax revenues by $108,153; or (2) to reduce
the millage rate downward to 3.0323 mills which would generate the
same amount of taxes as originally approved.
Brief discussion ensued regarding the decreased state revenues.
Motion: Authorize the City Manager to sign form DR422
certifying the roll-back millage rate of 3.0323 for the City
of Atlantic Beach and adopt Resolution 01-20 reflecting
the same. (The number was assigned to the Resolution after
its adoption).
There being no further discussion, the motion carried unanimously.
7. Action on Ordinances:
C. Ordinance No. 58-O1-28 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
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October 8, 2001
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: Adopt Ordinance No. 58-01-28 on final reading.
Mayor Meserve presented the ordinance in full, in writing and
explained that the ordinance would provide a 5% cost of living
adjustment for retirees.
Mayor Meserve opened the floor for a public hearing. No one spoke
for or against the ordinance and the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Authorize Camp, Dresser & McKee to conduct
Groundwater Modeling and Additional analysis of Reuse
Feasibility in Support of Consumptive Use Permit as an
extension of their existing contract for an amount not to
exceed $47,399.00
Motion: Authorize Camp, Dresser & McKee to conduct
Groundwater Modeling and Additional analysis of Reuse
Feasibility in Support of Consumptive Use Permit as an
extension of their existing contract for an amount not to
exceed $47,399.00.
Discussion ensued and Utility Director Kaluzniak's staff report dated
October 1, 2001 explaining the request for additional information
(RAI) is attached and made part of this official record as Attachment
D.
Don Maurer of Camp, Dresser & McKee provided background
information concerning the additional requirements and explained
that the SJRWMD had the authority to approve the Consumptive Use
Permit. He felt the city should keep a good working relationship with
its regulators and provide the additional information.
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October 8, 2001
Commissioner Mitchelson inquired if there was an appeal process.
Mr. Maurer indicated that an administrative hearing could be
requested, but he felt that would be more costly than providing the
requested information.
Commissioner Bomo inquired if there might be reasons for the
request beyond those cited in the RAI. Mr. Maurer indicated that
the SJRWMD Water 20 Program revealed that water shortage
problems are not acute now, but if the projections for future growth
occur over the next twenty years, there could be a serious water
shortage in the area east of the St. Johns Riyer. He felt that because
of that potential, and the failure of other water management districts
to address the same problems, the SJRWMD wished to carefully
manage the water supply.
The motion carried unanimously.
B. Accept dedication of Selva Marina Streets to City
ownership (City Manager)
Motion: Accept dedication of Selva Marina Streets to City.
ownership.
City Attorney Jensen briefly explained that the deeds would have to
be checked by a title insurance company prior to their recording. It
was further explained that the City of Atlantic Beach must own the
property before the City of Jacksonville will forgive past due taxes on
the streets.
There was no discussion and the motion carried unanimously.
C. Approval of Monday, October 22, 2001 at 7:15 p.m. and
Monday, November 12, 2001 at 7:15 p.m. as public
hearing dates to enact amendments to Chapter 24 of the
code of Ordinances and also amendments to the official
zoning map (City Manager)
Discussion ensued concerning appropriate dates to hold the public
hearings. It was the consensus of the Commission to hold one more
workshop meeting with the Community Development Board on
Monday, October 29`n at 5:00 p.m. It was the consensus of the
Commission to hold the public hearings on November 12`n and 26`n,
2001 at 7:15.
Motion: Approve Monday, October 29, 2001 at 5:00 p.m.
for a Workshop Meeting with the Community
Development Board and Monday, November 12, 2001 and
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October 8, 2001
Monday, November 26, 2001 at 7:15 p.m. as public
hearing dates.
Commissioner Beaver suggested that the media representatives who
were present meet with the City Manager to discuss the proposed
changes to the zoning ordinance. He felt a newspaper article would
help inform the public of the changes.
Following brief discussion, the motion carried unanimously.
D. Action on a request of the Green Market for a donation of
$1,500.00 (City Manager)
Motion: Approve donation of $1,500 to the Green Market.
Patricia Goelz and John Weldon, representatives from the Green Market,
explained that Town Center Green Market Association provided the
community with services and programs. She indicated that the money
would be used to pay the organization's insurance premium and for
programming.
Discussion erisued concerning the appropriateness of making the
contribution and City Attorney Jensen advised that. the request was from a
non-profit organization for a contribution of funds, and this was prohibited
by the city's ordinance.
Discussion concerning the Town Center Agency ensued and Ms. Goelz
stated that the Town Center Green Market was part of the Town Center
Agency and did not have its own 501(c)(3) status. She indicated that the
donation from the City of Neptune Beach was made through the Town
Center Agency.
Co-sponsorship of the event was briefly discussed. Commissioner Waters
felt the ordinance would not have to be changed if the city co-sponsored
the event with the City of Neptune Beach. It was the consensus of the
Commissioners that if the city wished to participate in these types of
requests, a procedure needed to be established in order to do it correctly.
City Attorney Jensen stated that in the past it had been suggested that a
fund be set up in the budget For such requests, and the ordinance amended
accordingly.
Motion: Defer action on the request and direct staff to bring
back an amended ordinance reflecting- the change.
Commissioner Waters reiterated his preference to keep the ordinance
intact and to investigate co-sponsorship of events.
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October 8, 2001
There was no fixrther 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 E; City Manager Hanson reported
on the following:
• Indicated that the fall edition of Tideviews had been sent out
late and the city was looking for a new company to publish the
newsletter.
• Reported that Daniel Owens had made a $1,000 contribution
to the Atlantic Beach Police and Fire Departments to thank
them for their work in tribute to those killed in the terrorist
attack on the World Trade Center.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
• Requested that proper recognition be given to Mr. Owens
when the funds are used.
Commissioner Mitchelson
• Summarized his Beach Renourishment Report and stated that
he would submit the written report to the Commissioners.
Commissioner Waters
• Suggested that all of the Commissioners sign the recognition
given to Mr. Owens.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 9:25 p.m.
Attest:
John Meserve
Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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