Minutes / 02-28-00MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD AT 7:15 PM ON MONDAY, FEBRUARY 28,
2000
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 by Mavor Meserve at 7:15 n.m. The
invocation was offered by Commissioner Borno, followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
February 14, 24, 2000
There being no corrections or amendments, the minutes were unanimously
approved as prepared.
2. Courtesy of the Floor to Visitors:
A. Audit Report by Purvis Gray & Company (City Manager)
Ron Whitesides, Manager of the Atlantic Beach audit, commended Finance
Director Van Liere, Assistant Finance Director Benjamin and staff for their
work in preparation for the audit.
Mr. Whitesides presented the audit report to the Commission and indicated
the report complied with all federal, state and local accounting requirements
and he found no weaknesses in the internal controls. Mr. Whitesides then
presented a brief overview of the report and indicated the city was in a very
strong financial condition with adequate reserves.
Commissioner Mitchelson inquired regarding the strength of the employee's
retirement plan and Mr. Whitesides indicated that while the level of funding
was down due to the transfer of funds to the City of Jacksonville Fire
Fighters Pension Plan, the plan was adequately funded and the city should
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February 28, 2000
be concerned only if a trend indicating a lower funded ratio develops.
There were no more questions, and Mayor Meserve thanked Mr. Whitesides
for the presentation.
B. Jamie Fletcher, Adult Advisor to Teen Council (Comm. Beaver)
Jamie Fletcher, Co-Advisor to the Teen Council, provided an overview of
the accomplishments of the Teen Council during the past year and stated
they would like to take a trip to Orlando. He then introduced Casey Quinif
and Matilda Anderson, members of the Teen Council, to make the request.
Matilda Anderson stated that the Teen Council would like to take thirty
teenagers, equally divided between boys and girls, and 6-8 chaperones on
a chartered bus trip to Epcot Center on March 11-12, 2000. Ms. Anderson
stated that $5,000 had previously been allocated to the Parks and Recreation
Programs Committee and requested $2,640.00 of the funds to pay for hotel
rooms, tickets to Epcot and the bus. Applicants for the trip would be
selected on a first come, first served basis and Ms. Anderson indicated that
a deposit would be required to reserve the bus.
Commissioner Mitchelson preferred that the Teen Council stage local
events which would benefit many teenagers.
After discussion, it was the consensus of the Commission that no action was
required since funds were available in the Parks and Recreation budget for
their use.
Mayor Meserve recognized Mr. Perry's Student Government Class from
Fletcher Senior High School, who were present to observe government in
action.
Alan Potter of 374 Second Street opposed waiving bid requirements for
Item 8B. He felt it would be more cost effective for the city to set up its
own meter testing program. Concerning Item 8C, Mr. Potter felt the city
should find out if it would be able to obtain a permit to build a fishing pier
on the island before modifying the plan to include a pier.
J.P. Marchioli of 414 Sherry Drive inquired concerning the procedure to
file for the additional homestead exemption mentioned in a recent
newspaper.
A brief discussion of the filing requirements ensued and Mr. Marchioli
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indicated that he would file with the Tax Collector's office the following
day.
3. Unfinished Business from previous meeting
A. Follow up Report from previous meeting
City Manager Hanson indicated that the force main on Seminole Road
referenced in paragraph one of his report, was not abandoned, but he felt
it would still be possible to plant trees in areas without utility conflicts.
Mayor Meserve indicated that he would like Early Piety, a certified arborist,
or Commissioner Beaver to provide a plan to show what types of trees could
be successfully planted along Seminole Road, including the area by the
drainage ditch.
B. Report from the City Manager regarding options to consider for
Conversion of Septic Tank Systems to Public Sewer in Atlantic
Beach (City Manager)
For those interested citizens who were present in the audience, Mayor
Meserve explained that there would be no action taken on Item 3B tonight.
Mayor Meserve inquired if there would be a conflict of interest since
Commissioner Waters and himself, both had septic tanks. City Attorney
Jensen felt there would be no conflict of interest, but stated he would check
into the matter further and put his findings in writing.
City Manager Hanson provided the Commission an overview of the options
to be considered for conversion from septic tanks to public sewers and
briefly outlined the various options. City Manager Hanson's report dated
February 2000 is attached and made part of this official record as
Attachment A.
Mayor Meserve requested that this matter be placed on the agenda of the
March 27, 2000 Commission Meeting for discussion and a public hearing.
Commissioner Mitchelson recognized the costs involved for citizens to
connect to the sewer and suggested Commission consideration of the
following: (1) obtaining a bids from plumbers to perform connections at a
rate of fifty or so per year, (2) obtaining grant money for the work, and (3)
extending low interest loans to current owners to hook up to the sewer
system.
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February 28, 2000
Commissioner Waters requested that City Attorney Jenson provide a legal
opinion regarding the liability to the city if nothing was done to require
citizens to hook up to the sewer. He felt that if the city did nothing, septic
tanks would eventually disappear through natural attrition.
City Attorney Jensen advised that the city can adopt ordinances which are
more restrictive than State Statute. The city has chosen, in certain instances
not to enforce State Statutes. However, the city has taken the necessary
steps to _ notify the people, as required by State Statute, as a condition
precedent to requiring hook up. The commission is now in a position that
you can give ninety days notice and people would be required to hook up.
Commissioner Waters then inquired concerning Ordinance 80-94-53 which
exempts Section H and Ocean Grove residents from the requirement to hook
up within ninety days. City Attorney Jensen advised that the ordinance says
that if you were paying an assessment before a certain date, you are exempt
from the requirement to connect to the public system until your system fails.
However, the City Commission could change that ordinance if it chooses to
do so.
Mayor Meserve inquired if the city had any legal liability if it chooses not to
enforce state law, and requested that the City Attorney provide an opinion
for the March 27`h meeting.
Commissioner Mitchelson believed that state law would prevail and
requested an opinion of how the local ordinance exempting citizens, which
he felt was less restrictive, would take precedence over state law. City
Attorney Jensen advised that Home Rule allowed the city to do this, and said
there was a provision in the statute which allows municipalities to enact any
other ordinances or laws they deem in the public interest. City Attorney
Jensen further stated that the Attorney General's office and the Department
of Health both said that it is up to the city to enforce this requirement, and
the city chooses its means of enforcement.
Commissioner Beaver requested a map of those areas exempted from hook
up by the ordinance (Ordinance 80-94-53). City Manager Hanson indicated
that a map would be provided.
4. Consent Agenda:
A. Proclamation Declaring March 11, 2000 as Arbor Day in
Atlantic Beach (City Manager)
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February 28, 2000
Consent agenda Item A was approved as presented.
5. Committee Reports:
There~were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 00-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
SUPPORTING THE EFFORTS OF THE BEACHES
AFRICAN-AMERICAN CENTENNIAL COMMITTEE TO
PRESERVE THE ORIGINAL FOUR-ROOM STRUCTURE
OF JACKSONVILLE BEACH ELEMENTARY SCHOOL
Motion: Approve Resolution No. 00-02.
Janet Cousnard, African-American Centennial Committee Chairperson,
stated that the group was formed to preserve the original four-room
building. Ms. Cousnard indicated that the Duval County School Board had
give the organization a deed to the school and they were hoping to find a
place for the building to turn it into a museum. Ms. Cousnard outlined
events of the week of March 17`"designated Jacksonville Beach Elementary
Preservation Celebration and invited the Commissioners to the kickoff event.
There being no further discussion, the motion carried unanimously.
Commissioner Waters advised the Commission of a log cabin on Seminole
Road which may be available.
7. Action on Ordinances:
A. Ordinance No. 65-00-31 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING SECTION 6-31 OF THE CODE OF
ORDINANCES TO ADOPT THE NATIONAL ELECTRIC
CODE, 1999 EDITION, AND PROVIDING AN EFFECTIVE
DATE (City Manager)
Motion: Approve Ordinance 25-00-31 on final reading.
Mayor Meserve opened the public hearing and invited comments.
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No one spoke and the Mayor declared the public hearing closed.
There was no discussion and the motion carried unanimously.
B. ;. Ordinance No. 95-00-73 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADDING SECTION 23-17(e)(3), AND PROVIDING
AN EFFECTIVE DATE (Commissioner Mitchelson)
Motion: Approve Ordinance 95-00-73 on first reading.
Commissioner Mitchelson explained the intent of the ordinance.
Discussion ensued concerning the percentage of money to be spent on the
public tree plantings and language in the proposed ordinance which stated
that the money may be spent for "general landscape materials." It was the
consensus of the Commission that the money should be used strictly for
planting trees.
Amendment to the motion: Strike "general landscape
materials from the ordinance and insert "tree plantings."
Further discussion ensued concerning the intent of the ordinance. The
amendment to the motion and main motion were withdrawn. Staff and the
City Attorney were directed to rewrite the ordinance to clarify 10% to be
spent for plantings on private property in contrast to 10% being spent for
the cost of tree plantings.
8. Miscellaneous Business:
A. Authorize the Mayor to execute Interlocal Agreement with the
City of Jacksonville relative to the collection and distribution of
9-1-1 User Fees (City Manager)
Motion: Authorize the Mayor to execute Interlocal Agreement
with the City of Jacksonville relative to the collection and
distribution of 9-1-1 User Fees.
Commissioner Waters inquired concerning the amounts to be distributed and
Public Safety Director Thompson explained the method of reimbursement.
There was no more discussion and the motion carried unanimously.
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B. Waive the formal bidding process and approve a Purchase
Order to Reed and Shows Meter Repair and Supply Company,
Inc. in the amount of $10,900.00 to test 32 large water meters
and a sample test of ten 2-inch meters, and provide resulting
reports and recommendations to the City (City Manager)
Motion: Waive the formal bidding process and approve a
Purchase Order to Reed and Shows Meter Repair and Supply
Company, Inc. in the amount of $10,900.00 to test 32 large
water meters and a sample test often 2-inch meters, and
provide resulting reports and recommendations to the city.
City Manager Hanson explained the request in detail as set forth in Public
Works Director Kosoy's memo dated February 22, 2000 which is attached
and made part of this official record as Attachment B.
In response to Alan Potter's earlier comment, City Manager Hanson
indicated that it would cost approximately $15,000 - $20,000 for the city to
purchase its own testing equipment. He also indicated that a vehicle would
be needed to transport the testing equipment to test meters on-site. He
felt that it would cost approximately $40,000.00, excluding manpower, for
the city to set up its own program.
There was no more discussion and the motion carried unanimously.
C. Authorize Staff to alter the Dutton Island Park plans to expand
the comfort station and build two pavilions, with the total cost
of construction not to exceed $250,000; Authorize staff to
submit an application for a Florida Inland Navigation District
-- (FIND) grant for 50% of the construction costs; Authorize staff
to request $36,000 in FIND funding for planning and
permitting a small fishing pier on Dutton Island (City Manager)
Motion: Authorize staff to alter the Dutton Island Park Plans
to expand the comfort station and build two pavilions, with
the total cost of construction not to exceed $250,000;
authorize staff to submit an application for a Florida Inland
Navigation District (FIND) Grant for 50% of the construction
costs; authorize staff to request $36,000 in FIND Funding for
planning and permitting a small fishing pier on Dutton Island.
Public Safety Director Thompson explained the request and funding in detail
as explained in his and Recreation Director Johnson's memo dated February
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February 28, 2000
21, 2000, which is attached and made part of this official record as
Attachment C.
A brief discussion ensued concerning funding sources for the project, and
Commissioner Beaver inquired if the $100,000.00 from the City of
Jacksonville could be obtained this year. Public Safety Director Thompson
stated that he would look into this.
There was no more discussion and the motion carried unanimously.
D. Discussion and possible action regarding adoption of an
Ordinance to allow additional Homestead Exemption as
authorized by State Law (City Manager)
Motion: Draft an an ordinance which would allow
an additional Homestead Exemption for those residents who are
65 years of age or older with a household income not exceeding
$20,000.00.
City Manager Hanson explained the request as stated in his memo dated
February 18, 2000, which is attached and made part of this official record
as Attachment D.
Following brief discussion, the motion carried unanimously.
9. City Manager Reports:
• Public Safety Director Thompson presented Crime Statistics for the
years 1985, 1996, 1997, 1998, and 1999.
• Reported that Jani-King, the city's janitorial company had quit, and
indicated that he would like to award the contract to the second
lowest bidder, Duval Janitorial.
Motion: Authorize the City Manager to award the contract to
the second lowest bidder, Duval Janitorial.
There was no discussion and the motion carried unanimously.
• Reported that the Cultural Arts Board proposed to paint a mural on
the racquetball court wall facing Jack Russell Park. It was further
. reported that the mural would have to be restored every two to four
years. Copies of the proposed mural were distributed to the
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Commissioners.
Indicated that the First Night Committee wished to hire apart-time
consultant.
Discussion ensued, but no action was taken on the request.
10. Reports and/or requests from City Commissioners and City
Attorney
City Attorney Jensen
Commented on the quote ..."the government has no right to restrict
legitimate debate of public issues at public gatherings"... ,which was
brought up by a citizen at the previous meeting, and which was
attributed to the Supreme Court. Mr. Jensen stated that the case
from which the quote came involved an electioneering ban, which
prevented campaigning within a certain distance from polling places
in Louisiana.
City Attorney Jensen further stated that Section 286.011 of the
Florida Statutes, contained the following three requirements for
public meetings: (1) that they be open to the public, (2) that a notice
of the meeting had been given, and (3) that minutes be kept. City
Attorney Jensen further stated that there was no requirement at all,
for public input on every agenda item. He further stated that if
there is a public hearing, the public has the right to speak, but he felt
the City of Atlantic Beach allowed more citizen input than most
other cities because citizens are allowed to speak not only on any
item on the agenda, but also those not on the agenda.
Commissioner Beaver
Presented a brief report on his meeting concerning the future use of
the Adele Grage Community Center. Tearing off the back of the
building was discussed. It was suggested that a sketch of the
proposed changes be given to a University of Florida architectural
class for a project.
Commissioner Borno
Requested an updated list of Commission items deferred or pending.
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Commissioner Waters
• Requested that Commissioner Beaver attend the Project Oversight
Committee meetings for the Town Center Project to lend his
landscaping expertise to the committee.
Mayor Meserve
• Requested a progress report from Aikenhead and Odom on the Core
City Drainage Project.
• Suggested that.the city receive input from the residents of Section
H concerning renaming the area.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:10 p.m.
John Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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