Minutes / 03-27-00MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD AT 7:15 PM ON MONDAY, MARCH 27,
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 Mayor Meserve at 7:1 S p.m. The
invncatinn wac nff r .d by C:~mmissinner Mitchelsnn fnllnwPC1 by the
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
March 13, 2000
There being no corrections or amendments, the minutes were
unanimously approved as prepared.
2. Courtesy of the Floor to Visitors:
A. Edwin Perez, Boys & Girls Clubs of Northeast Florida
Edwin Perez, Unit Director for the Boys and Girls Clubs, requested that
the City of Atlantic Beach become a partner with the Boys and Girls Club
to assist with their programs. Mr. Perez indicated that 30% of the club's
membership comes from the City of Atlantic Beach.
Mayor Meserve indicated he would look into the request.
J.P. Marchioli of 414 Sherry Drive complimented City Manager
Hanson for the timely manner in which the obstructions blocking the
entrances to Howell Park were removed. Mr. Marchioli also
commented on the First Vehicle Services (Ryder) Contract and the
Gladiola Street closing.
Stephen Kuti of 1132 Linl:side Drive referenced a letter submitted to
the Commission concerning the contract for milling and paving of various
l~ streets awarded to The Milestone Company. The letter is attached and
made part of this official record as Attachment A.
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Pat Pillmore of 995 Camelia Street requested that the proposed traffic
study for Section H include consideration of another exit onto Atlantic
Boulevard.
John Baillie of 1923 Beach Avenue inquired if he hooked up to the
city's sewer system, could he keep his septic tank (the house drain is
below the level of the city sewer) and install apump/valve system on it
in order to pump sewage into the septic tank during a power failure.
Public Works Director Kosoy will investigate the inquiry.
Mr. Baillie felt that extra parking could be provided at the Adele Grage
Community Center by installing a pervious material, such as bark, to
allow parking on-site.
3. Unfinished Business from Previous Meeting
A. Follow-up report from the meeting of March 13, 2000 (City
Manager)
~, City Manager Hanson briefly commented on the names submitted for
renaming Section H and indicated that he would place this item on the
next Commission agenda.
Item 8C was taken out of sequence and acted on at this time.
8C. PubIic Hearing for requirements for connection to city sewers
(City Manager)
Motion: All residential properties currently located in
_ proximity to a public saver in the conte:~t of Section 22-74
shall connect to the city collection and treatment system
within five years of the effective date of this resolution.
Failure of any OSDS (On-site Sewage Disposal System) shall
require immediate connection. In the event future sewer lines
are constructed where no previous service was available, the
provision of 90 days following official notification shall
prevail. Tl~e Commission shall amend Section 22-74 to reflect
this resolution. To encourage a more rapid conversion from
OSDS's, the city~shall offer the_follotving financial incentives:
(1) For those that request conversion of an OSDS to public
sewer within 12 months of the effective date of this resolution,
~' the city shall make available a loan to the property owner of
the entire cost of conversion, including impact fees, costs of
on-site plumbing and OSDS deactivation. Loans will be for a
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period of up to 10 years (property owner's option) at 7%
interest, billed through the standard utility billing system.
Such loan will require a property lien by the city, and shall be
. paid in full upon sale of the property to a netiv owner, (2)
Following the 12 month period, loans of up to $3,000 shall be
available toward conversion costs, including connection fees,
s fora 5 year term at 7% interest, and (3) Licensed and city
approved plumbers can be contracted to complete the
conversion and the Department of Public Works is available
to contract the entire conversion, on request of the property
owner. There shall be a 5% administrative fee if the city is
requested to complete the entire conversion.
Mayor Meserve opened the floor for a public hearing and the following
citizens spoke concerning the septic tank conversions:
Don Remley of 1309 Violet Street felt the city should be aware of
everyone ~vho is on a septic tank system before moving forward with the
proposed conversions. Mr. Remley stated that his permitted septic tanl: is
working perfectly and felt if he was forced to connect, the impact fee
should be waived due to the high plumbing costs involved with the
conversion.
Elliot Ettlinger of 1230 Ocean Boulevard , a plumbing contractor,
explained the procedure to abandon a septic system, which included
pumping, crushing and filling. He felt expenses could be lowered if the
city allowed the truck to pump its sewage into the treatment plant when
disbanding the OSDS.
Pat Pillmore of 995 Camelia Street stated that she was also speaking
for her two neighbors and they all hoped the city would allow them to
keep there septic systems until they failed. Ms. Pillmore believed that
removal of trees in her yard, as well as the trees in of her neighbor's yard,
would add to the cost of converting.
Jim Van Horn of 985 Main Street inquired if the Mayor's motion was
the only option available. Mayor Meserve indicated that the motion could
be changed or rejected. Mr. Van Horn indicated that federal grants were
available through the City of Jacksonville Community Development called
the UTIP Program (Utility Tap In Program). Mayor Meserve indicated
that he was aware of some of the programs available.
Mary Ellen Law of 1710 Beach Avenue felt the city's proposal for
loans was very reasonable and anyone on an old septic system should
convert now and not wait for it to fail. Ms. Law indicated that her septic
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system was very complex and would cost $9,000, plus the impact fee to
convert. She stated that as soon as the loan was available they would
convert. .
Shirley Taylor.of 480 West 9`h Street inquired if the residents who were
paying an assessment prior to 1995 were still exempt until their septic
tanks failed, as promised by the previous Mayors. Mayor Meserve .
responded that as of right now, there was no change in the law and they
were exempt. However, it. was pointed out that the Commission was
discussing possibly changing that exemption.
Don Dagley of 550 VYest Camelia Street felt he should not have to pay
any more since he had paid for his septic system when his house was built
and was paying the assessment for the water and sewer lines. He stated
that just wanted to continue to use his septic tank.
Nancy White 729 Seminole Road stated that her septic system failed
three months ago and she could not wait to hook up to city sewer,
however, see could see no reason to hook up unless someone's system
failed. Ms. White stated that the monthly water/sewer bill was an added
r expense and it was very costly to replace her landscaping. Ms. White felt
that many people could not afford the added expense.
Paul )Jal:in of 1745 Beach Avenue stated he had a septic tank and well,
and he believed this Commission should honor the promises of past
City Officials and not require any hook up unless a septic system failed.
Christy Brooks of 1222 Jasmine Street stated that his septic system had
been working perfectly since 1984 and he did not want to convert unless
the system failed. He felt the city should waive the impact fee if residents
were required to connect to the sewer system. Mr. Brooks believed that
septic systems posed no health risks.
David Jeffrey of 1843 Seminole Road inquired as to how the city's
water/sewer service rates compared to other cities' rates. He felt this
discussion was unnecessary and the previous promises, which were made
in good faith, should be kept.
Robert Grube of 1927 Beach Avenue inquired if two adjoining property
owners could share a line: He was told that it may be possible, and the
city would investigate the request.
Ray Marrero of 1225 Hibiscus Street inquired if the Commission would
consider waiving the impact fee if the property owner hooked up within
90 days. Mr. Marrero also inquired if he could do the work himself.
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Mayor Meserve felt the city would allow this if he was properly certified.
Mr. TVlarrero was directed to speak to Building Official Ford concerning
his request.
Alan Potter of 374 Second Street stated that the sewer plants were
being paid for by bond issue and monthly fees and he could see no reason
to charge an impact fee or 7% interest on a loan to individual residents.
Irene Drayton of 60 Jackson Road stated that she was a widow and
could not afford to hook up. She felt that she should not have to hook up
unless the septic system failed.
Since no one else wished to speak, Mayor Meserve declared the public
hearing closed.
Public Works Director Kosoy displayed a map illustrating the areas
which were exempted by the 1995 amendment to the ordinance, the areas
which were not exempted, and the areas of the city where no sewers
were available. He indicated that there were 270 known septic tanks
operating in the city.
City Manager Hanson City Manager Hanson responded to several of the
comments/questions of the residents. He indicated that as the process
moved forward, citizen questions and concerns could be worked out on
an individual basis.
City Manager Hanson agreed there were problems with the city's record
management concerning septic tanks and briefly explained how this was
being addressed. He indicated that anyone was welcome to call him with
their concerns.
Commissioner Waters distributed a draft copy of his proposed sewer
hookup resolution for consideration. The resolution is attached and made
part of this official record as Attachment B. Commissioner Waters read
letters from George Parrott and Beverly Hadden, expressing hardship if
they had to connect. Commissioner Waters read his proposal for
resolving the septic tank issue indicated that he wished to change the
wording in Item 1 to ... "will waive the impact fee of $1,250.00" due to
the expressions of hardship presented. Commissioner Waters felt that
the city should discontinue~permitting ne~v septic systems, but believed
there vas no environmental issue for continuing use of existing septic
systems.
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Commissioner Waters felt that all of the facts were not known and asked
the City Manager if this discussion should continue.
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n City Manager Hanson responded by reading the following applicable
paragraphs from the Health Department letter: "Septic tank and on-site
sewage disposal systems (OSDS) are generally satisfactory for the use
and purpose of disposing of domestic liquid waste. Whenever OSDS are
properly designed, sited, constructed, inspected and operated, these
systems are effective, efficient wastewater treatment facilities for
domestic use. Currently, to the best of our knowledge, septic tanks and
drain field systems do not pose any adverse threat to the environment in
Atlantic Beach, Florida. The Department of Health of Duval County
requires homeowners on septic tank and drain field systems to connect to
sewer systems within 365 days of notification that the system is available
for connection. The publicly owned or investor owned sewer system
must notify the owner of the OSDS of the availability of the central
sewage system." City Manager Hanson indicated that the county
regulations concerning septic systems were included with the letter.
City Manager Hanson believed that all of the facts concerning the
condition of existing OSDS's would never be known. He felt the
Commission should make whatever changes they deemed necessary and
move forward to adopt a solid policy statement for connecting to the
city's sewer system.
Commissioner Borno felt the city had outgrown the use of septic systems,
and no matter what decision was made, the Commission would never
please everyone.
Commissioner Beaver felt the city ordinance should be amended to
comply with the state statute and applied equally to everyone on septic
tanks. He suggested financial incentives to promote early connection to
the sewer system.
Commissioner Mitchelson felt the Commission had an obligation to
uphold the commitments of the prior Commissions, and did not favor
changing the ordinance. He favored offering low interest loans to those
residents who would immediately connect to the sewer system.
Commissioner Mitchelson inquired as to the source of the loan money
and the rate of interest to be charged since different interest rates had
been proposed by Mayor Meserve and Commissioner Waters.
Finance Director VanLiere felt it would be best to use reserve funds to
finance the loans. He indicated that the reserve funds were earning 5.5%,
and if the city charged 7% it would cover administrative costs. Finance
Director VanLiere further stated that if the city borrowed the funds, there
would be a question if the loan qualified as tax exempt, since the
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March 27, 2000
personal costs of connecting to the sewer may not be considered for
govemmenta~ purposes, and the city would not be afforded the
corresponding type of interest rate.
Commissioner Mitchelson commented that the city would lose money if a
5% interest rate was chazged.
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Mayor Meserve pointed out that two groups of people were not present,
those who paid their fees and hooked up and those who were not covered
by the 1995 exemption and should have hooked up several years ago
without any financial incentives. Mayor Meserve commented on how he
formulated his resolution and reiterated his position that the city could no
longer ignore enforcement of the law. He believed that the current
ordinance needed to be changed to eliminate the two classes of residents
created by the 1995 ordinance and offered the variables to be considered.
Mayor Meserve confirmed that approximately one-half of the people
currently on septic tanks were not covered by the 1995 exemption.
A lengthy discussion ensued concerning implementation of an equitable
ordinance. City Clerk King provided background information on the
Section H assessments and Commissioner Waters provided background
information on the 1995 ordinance which exempted all residents on
septic systems from hooking up to the sewer if they were paying a
special assessment for water and sewer lines prior to 1995.
Commissioner Beaver reiterated his previous position and supported the
use of incentives to encourage residents to connect to the sewer.
Commissioner Beaver asked City Attomey Jensen if residents who had
recently connected to the sewer could bring legal action against the city.
City Attorney Jensen advised that they could sue, but he doubted they
would win.
A brief discussion ensued concerning the legality of using a tiered time
approach for conversion and City Attorney Jensen advised that the city
would be much better off if everyone vas treated equally.
Commissioner Mitchelson suggested that Mayor Meserve's proposed
resolution be modified to begin hook ups one year from the cessation of
special assessment payments.
Discussion ensued and it was determined that those who were not paying
a special assessment would be required to hook up within one year.
~^ Commissioner Waters felt that this was unfair to those who were not
paying an assessment.
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March 27, 2000
Amendment to the motion: Commence hookup at either five
years or one year after the cessation of the special assessment,
whichever is later.
It was confirmed that the five year requirement would apply to those
residents not paying a special assessment.
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The City Manager and City Attorney were directed draft an ordinance
incorporating the appropriate language and bring it back to the
Commission.
There being no further discussion, the motion as amended carried by a
four to one vote with Commissioners Beaver, Borno and Mitchelson and
Mayor Meserve voting aye and Commissioner Waters voting nay.
4. Consent Agenda:
A. Acknotivledge receipt of Police/Animal Control Report and
Fire/Rescue Update Report (City Manager)
B. Approve extension of contract for temporary services with
~ Remedy Intelligent Staffing (City Manager.)
~ C. ,Approve extension of contract with First Vehicle Services
(formerly Ryder Contract Services) for fleet maintenance for
one year at a cost of 817,873.00 (City Manager)
D. Approve extension of contract with Campbell's Lawn Service
for lawn maintenance for six months at a cost of 810,779.12
(City Manager)
F. Reject all bids received for Hydrostop Roofing System to the
• Public `Yorks building and authorize staff to rebid this item
(City Manager)
Commissioner Waters requested that Consent Agenda Item E be removed
for discussion.
Motion: Approve Consent Agenda Items A-D and F as
presented.
There was no discussion and the motion carried unanimously.
E. Award contract for milling andpaving of various streets to
The Milestone Company in the amount of 8238,313.80 (Bid
No. 9900-9) (City Manager)
Commissioner Waters referenced Mr. Kuti's letter and inquired as to the
inclusion of Seminole Road north of Seventeenth Street in the bid. Public
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March 27, 2000
Works Director Kosoy indicated that there was a longitudinal crack in
that part of the road which needed repair. Public Works Director Kosoy
also briefly commented on the city's new Pavement Options Management
Program.
Motion: Approve Consent Agenda Item E as presented.
There was no more discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports
6. Action on Resolutions:
A. Resolution No. 00-07
A RESOLUTION OF ATLANTIC BEACH CITY
COMMISSION RESCINDING ALL PREVIOUS
LEGISLATION REGARDING THE ATLANTIC BEACH
TEEN COUNCIL; CREATING A NEVV TEEN COUNCIL;
PROVIDING FOR QUALIFICATIONS; PROVIDING FOR
DUTIES AND PROVIDING AN EFFECTIVE DATE (City
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Motion: Approve Resolution No. 00-07.
Commissioner Beaver inquired if there would be a conflict if his son was
a member of the Teen Council. City Attorney Jensen advised there would
be no conflict.
There being no further discussion, the motion carried unanimously.
7. Action on Ordinances: _
A. Ordinance No. 95-00-73 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADDING SECTION 23-17(e)(3); TREE
REPLACEMENT FUND; AND PROVIDING AN
EFFECTIVE DATE (Comm. Mitclielson)
Motion: Adopt Ordinance No. 95-00-73 on final reading.
Mayor Meserve opened the public hearing. No one wished to speak and
the public hearing was closed.
- There was no discussion and the motion carried unanimously.
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~ B. Ordinance No. 65-00-27 Public Hearing and Final Reading
AN O~tDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING, VACATING, AND ABANDONING
CERTAIN PORTIONS OF GLADIOLA STREET SOUTH
OF WEST PLAZA, AND PROVIDING AN EFFECTIVE
DATE (City Manager)
City Manager Hanson indicated that the appraisal of the property
requested at the last meeting had not been received.
Commissioner Mitchelson expressed concern for giving away property
and indicated that the owner of the adjacent property, Jeffrey Martin,
would be willing to trade the 50' in the middle for 50' on the east side of
his property. Mr. Martin stated that if the trade was approved, he would
like assurance that the city would maintain the 50' strip.
City Manager Hanson indicated that the city did not have that much
money budgeted for maintenance and it could not take on extra
maintenance at this time due to the maintenance requirements of the new
parks.
~' A brief,discussion ensued and it was determined that the land exchange
could be accomplished by an agreement and no changes to the ordinance
would be required. City Attorney Jensen was directed to draft the
agreement for the land exchange for the next meeting.
Motion: Defer action on Ordinance No. 65-99-27 and
continue the public hearing to the April 10, 2000 Commission
Meeting.
There being no further discussion, the motion carried unanimously.
8. Miscellaneous Business:
A. Authorize the Mayor to sign the Certificate of Acceptance for
grant for Emergency Management Preparedness and
Assistance Grant (City Manager)
Motion: Authorize tl~e Mayor to sign the Certificate of
Acceptance for grunt for Emergency Management
Preparedness and Assistance Grant.
There was no discussion and the motion carried unanimously.
B. Confirm the appointment of Harry McNally as the Board-
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Selected General Employee Pension Board member for a
four-year term, and as the Board-selected Police Pension
Board member for a hvo-year term (City Manager)
Motion:. Confirm the appointment of Harry McNally as the
Board-selected General Employee Pension Board member for
- a four-year term, and as the Board-selected Police Pension
Board member for a t`vo-year term.
There was no discussion and the motion carried unanimously.
C. Public Hearing for requirements for connection to city setivers
(City Manager)
Item 8C was taken out of sequence and acted on after Item 3 A.
D. Appointment to the Recreation Advisory Board to fill the
unexpired term of Scott DeButy, which term shall expire on
October 1, 2001
Mayor Meserve stated he would like to appointed Kim Green to fill the
~~ unexpired term of Scott DeButy on the Recreation Advisory Board.
Motion: Approve appointment of Kim Green to fill the
unexpired term of Scott DeButy on the Recreation Advisory
Board.
There was no discussion and the motion carried unanimously.
9. ~ City Manager Reports:
WORKERS' COMPENSATION -GRIT
City Manger Hanson stated that GRIT, the company administrating the
city's Workers' Comp claims, was in bankruptcy. He indicated that a
new company had taken over, but it vas difficult to get information
concerning this matter. City Manager Hanson indicated that several
employees had been denied claims (treatment), and he felt the city should
guarantee payment for their treatment and file for reimbursement if
necessary.
Commissioner Mitchelson indicated that employers were legally liable an
n he felt the city needed to guarantee payment of treatments for employees.
The Commissioners concurred with Commissioner Mitchelson's
comments.
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1 f VANDALISM AT TIDE VIEWS PARK
Public Safety Director Thompson displayed pictures of the damage
caused by vandals at the park. He briefly summarized precautions being
taken to prevent this from happening~in the future. Parks and Recreation
Director Johnson indicated that most of the damage had already been
repaired.
PAPERLESS COMMISSION AGENDA PACKETS
City Clerk King reported that she was working a company which would
scan and place the Commission agenda packets on the internet. City
Clerk King hoped to have a test packet available on the internet in the
near future.
10. Reports and/or requests from City Commissioners and City
Attorney
A. ~ Commissioner Beaver with a report on the Adele Grage
Community Center
~' Commissioner Beaver stated that the report would be available at the
next Commission meeting along with an architect's conceptual plan for
the building.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:00 p.m.
John Meserve
Mayor/Presiding Officer -
ATT'EST:
Maureen King
Certified Municipal Clerk
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