Minutes / 05-08-00~ ~
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~'~ MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION IiELD IN CITY HALIr, 800
SEMINOLE ROAD AT 7:15 PM ON MONDAY, MAY 8, 2000
PRESENT: John Meserve, Mayor
Mike Borrio
Dezrnond Waters, Commissioners
ABSENT: Richard Beaver, Mayor Pro Tem.
Theo Mitchelson
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Meserve at 7:15 p.m. The
invocation was offered by Mayor Meserve, followed by the Pledge of
Allegiance to the Flag.
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1. Approval of the minutes of the Regular Meetings held
Apri110 and 24, 2000
The minutes of the Regular Meetings held April 10 and 24, 2000 were
approved as presented.
2. Courtesy of the Floor to Visitors:
A. Recognition of Ken Rogosheske
Mayor Meserve recognized Ken Rogosheske for his years of service on
the Code Enforcement Board and presented him with a plaque in
appreciation for his five years of service.
B. Proclamation declaring May 21 - 27, 2000 as Public Works
Week in Atlantic Beach (Mayor)
Mayor Meserve read the Proclamation in full declaring the week of May
21 through May 27, 2000, as Public Works Week in Atlantic Beach and
presented the Proclamation to Public Works Director Kosoy and
.Assistant Public Works Director Kaluzniak.
C. Proclamation declaring May 15-19, 2000 as Nursing Home
Week in Atlantic Beach (Mayor)
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May 8, 2000
C. Proclamation declaring May 15-19, 2000 as Nursing Home
Week in Atlantic Beach (Mayor)
Mayor Meserve read the Proclamation in full declaring the week
beginning May 15, 2000 as Nursing Home Week in the City of Atlantic
Beach and presented the document to the Activities Director for display
at Fleet Landing.
D. Ed Parpart and Larry Pickett requesting donation of $1,000
toward the commissioning of the U.S.S. Roosevelt (Comm.
Waters)
Ed Parpart, the Beaches representative on the Commissioning
Committee, and Larry Pickett were not present and no action was taken.
Alan Potter of 374 Second Street provided background information
concerning the core city sanitary sewer improvements project, and felt
that since bidders did not have access to complete as-builts drawings, all
bids received under Bid 9900-11 should be rejected and the project rebid
when it comes before the Commission at the next meeting.
Mr. Potter also inquired concerning Item 4D of the Consent Agenda and
inquired if the amount of $35,650 for tank coating was part of the
contingency for the project.
Mayor Meserve indicated that this item would be addressed under Item 4.
Don Remley of 1309 Violet Street commented on the lack of
playgrounds in the Marsh Oaks section of the city and expressed concern
that the Plaza "hump" would become a real problem as traffic increased
in the area due to completion of the flyover.
J.P. Marchioli of 414 Sherry Drive commented on the lack of progress
of the Stormwater Review Committee (SRC) over the past two years.
3. Unfinished Business from Previous Meeting
A. ~ Follow-up report from the meeting of April 24, 2000 (City
Manager)
City Manager Hanson reported on the following matters which had been
raised at the previous meeting:
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May 8, 2000
Painting No Parking Signs on Ocean Boulevard:
Commissioner Waters said he would like to pursue this matter further,
and Public Safety Director Thompson said he would research the state
standardslrequirements for signs and present the Commission with. his
findings.
Sewer Impact Fees
Commissioner Waters inquired concerning the reason for sewer impact
fees. City Manager Hanson explained the purpose for the charges.
Commissioner Waters suggested lowering the fee from $1,250 to
$600.00 to make the changeover to sewer easier for those still using
septic systems.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building, Code
Enforcement, Occupational License, Public Works and
Recreation Departments (City Manager)
B. Award contract to Commercial Sheet Metal Systems for
hydrostop roofing system for Public Works building at a cost
of $47,587.00 pursuant to the specifications of Bid 9900-10
rebid (City Manager)
C. Acknowledge receipt of Septic Tank Conversion Assistance
Policy (City Manager)
Mayor Meserve requested that Item D be removed from the Consent
Agenda for further discussion, and Commissioner Waters requested that
Item E be removed from the Consent Agenda for further discussion.
Motion: Approve Consent Agenda Items A - C as
recommended.
There was no discussion and the motion carried unanimously
D. Award contract to Meadors Construction Company in the
amount of $35,650.00 for tank coating at the Buccaneer
Wastewater Treatment PIant (City Manager)
Public Works Director Kosoy explained that the low bidder for the
project did not have the required performance and payment bond and
Meadors was the second low bidder. He indicated that the difference
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May 8, 2000
between the two bids was $7,650. In answer to Mr. Potter's question
under Item 2, Public Works Director Kosoy indicated that the payment
was covered under the $100,000 contingency for the project.
Motion: Award contract to Meadors Construction
Company in the amount of $35,650.00 for tank coating at the
Buccaneer Wastewater Treatment Plant
The motion carried unanimously.
E. Award contract to Dees, Inc. for cleaning/staining/sealingthe
wood. shingles at the Public Safety Building at a cost of $9,583
plus $350.00 for adding insecticide, pursuant to the
specifications of bid #9900-13 (City Manager)
Commissioner Waters inquired if the lawn sprinklers at the Public Safety
Building could be diverted to prevent water from hitting the building,
which kept the shingles wet and could cause rot.
Public Safety Director Thompson indicated that staff was already
working on the problem.
Motion: Award contract to Dees, Inc. for cleaning/staining/
sealing the wood shingles at the Public Safety Building at a
cost of $9,583 plus $350.00 for adding insecticide, pursuant to
the specifications of bid #9900-13
The motion carried unanimously.
5. Committee Reports
A. Recreation Board Report
Phil Corp, a member of the Recreation Advisory Board ,requested
Commission consideration of the following items: (1) A park
protection ordinance similar to the City of Jacksonville's ordinance, (2)
summer recreation programs using budgeted funds, to work with Karen
Sadler to establish children, youth and senior programs, and (3)
continuing a partnership with Atlantic Beach Elementary School to make
necessary improvements for baseball and soccer fields.
After a brief discussion, Commissioner Bomo suggested that staff review
the requests and bring their recommendation(s) to the next meeting. The
City Commission concurred.
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6. Action on Resolutions:
A. Resolution No. 00-08
A RESOLUTION FOR ASSISTANCE UNDER THE.
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM (City Manager)
Motion: Adopt Resolution 00-08.
There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 80-00-61 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, UTILITIES,
ARTICLE III, WASTEWATER SYSTEM, DIVISION 2,
USE OF PUBLIC SEWERS REQUIRED, SEC. 22-74,
INSTALLATION OF TOILET FACILITIES REQUIRED;
CONNECTION OF FACILITIES TO PUBLIC SEWER,
. SETTING FORTH A TIME SCHEDULE FOR
CONNECTION TO PUBLIC SEWERS, AUTHORIZING
THE CITY TO OFFER FINANCIAL INCENTIVES FOR
SUCH CONNECTIONS, PROVIDING PENALTIES FOR
FAILURE TO CONNECT, AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance 80-00-61 on first reading.
Commissioner Waters inquired concerning the provision to be included
in the ordinance requiring connection to the public sewer if a property is
sold. City Attorney Jensen advised against inclusion of a "due on sale"
clause as indicated in his memorandum dated Apri128, 2000 which is
attached and made part of this offzcial record as Attachment A. City
Attorney Jensen indicated that such a clause was not included in the
ordinance.
Commissioner Waters expressed his objection to excluding this
requirement which he felt would facilitate the process of eliminate septic
tanks.
There was no further discussion and the motion carried by a two to one
vote with Commissioner Borno and Mayor Meserve voting aye and
Commissioner Waters voting nay.
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B. Ordinance No. 90-00-169 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 24, ZONING AND
SUBDIVISIONS; TO PROVIDE FOR SEVERABILiTY
AND TO PROVIDE AN EFFECTIVE DATE
Mayor Meserve accepted the zoning ordinance for informational
purposes and indicated that he would like to set a joint workshop
meeting with the Community Development Board to discuss the
ordinance in detail and receive public input before adopting the
ordinance.
Don Wolfson, Chairman of the Community Development Board, stated
that the Boazd began work on the ordinance in 1994 and provided a brief
overview of the process undertaken to bring about the revisions. Mr.
Wolfson thanked individual committee members, board members and
staff involved in the process over the years.
The Commissioners concurred with Mayor Meserve's suggestion to
schedule a joint workshop meeting with the Community Development
Board. Coordination of the meeting will be handled through the City
Manager's office.
C. Ordinance No. 20-00-46 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING
OCTOBER 1,1999 AND ENDING SEPTEMBER 30,-2000
Motion: Approve Ordinance 20-00-46 on first reading.
There was no discussion and the motion carried unanimously.
D. Ordinance No. 65-00-28 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING, VACATING AND ABANDONING
CERTAIN PORTIONS OF BEGONIA AND `WEST FIRST
STREETS, AND PROVIDING AN EFFECTIVE BATE (City
Manager)
Motion: Approve Ordinance 65-00-28 on first reading.
Commissioner Waters stated that a map would be helpful and requested
that a map be included with this type of request in the future.
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There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on an application for aUse-by-
Exception filed by Willie Davis to operate a church at 40
Simmons Road on property zoned Commercial General (CG)
(City Manager)
Motion: Grant Use-by-Exception filed by Willie Davis to
operate a church at 40 Simmons Road. on property zoned
Commercial General (CG) as recommended by the
Community Development Board. (The Community
Development Board recommended approval with the conditions
that the maximum seating capacity strictly meet the number of
parking spaces provided, that two pazking spaces be reserved for
the commercial space at the front of the building and that the
exception be granted to the applicant only and for this location
only).
Mayor Meserve opened the public hearing and no one spoke for or
against the request. The public hearing was closed.
After a brief discussion, the motion carried unanimously.
B. Public Hearing and action on an application for aUse-by-
Exception filed by Atul Patel to operate a convenience store
with gasoline sales at 715 Atlantic Boulevard on property
zoned Commercial General (CG) (City Manager)
Motion: Grant the Use-by-Exception filed by Atul Patel to
operate a convenience store with gasoline sales at 715 Atlantic
Boulevard on property zoned Commercial General (CG) as
recommended by the Community Development Board. (The
Community Development Board recommended approval of the
request with the conditions that it be granted to the applicant
only and for this location only).
Mayor Meserve opened the public hearing and no one spoke for or
against the request. The public hearing was closed.
Brief discussion ensued regazding the elevation of the property and
whether the steep grade would be a safety hazard for Traffic. Community
Development Director Worley stated that the site plan indicated one
driveway cut on Atlantic Boulevazd and another on Sailfish.
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May 8, 2000
There was no more discussion and the motion carried unanimously.
C. Appeal of denial of a request for a variance to fence height
filed by Joseph Quest
It was reported that this item was being deferred to the next meeting at
the request of Mr. Quest.
D. Approve adjustment to the rates for solid waste and recycling
collection pursuant to letter from Waste Management dated
Apri118, 2000 (City Manager)
Motion: Approve adjustment to rates for solid waste and
recycling collection as indicated in a letter dated April 18,
2000 from Randall J. Waterlander, District Manager for
Waste Management. (T'he Ietter and schedule of charges is
attached and made part of this official record as Attachment B ).
Discussion ensued concerning the proposed increase, the level of service
provided by Waste management and length and terms of the contract. It
was pointed out that the contract provided for a rate adjustment at the
anniversary date of the contract and the contract would expire on January
31, 2001. City Manager Hanson indicated that bid specifications for the
solid waste and recycling collection were being prepared
There being no further discussion, the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson
• Reported that smoke testing of sewer lines would take place May
17`'' on Beach Avenue and on May 18`'` in the Marsh Oaks area of
'the city. City Manager Hanson indicated that the testing would
also help identify residents on septic systems.
• Reported that the city had received notification of a potential
liability concerning the "Bill Johns Waste Oil Super Fund Site"
in the amount of approximately $6,091.00.
Requested Commission authorization to sign a Tolling
Agreement included with the notification. It was the consensus
of the Commissioners to authorize the City Manager to sign the
agreement.
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Reported that resurfacing of Seminole Road from Plaza to Hanna
Park would begin this week.
• Deferred to Public Works Director Kosoy who provided an
update on the Aikenhead and Odom Core City Project. He
indicated that the Executive Summary was expected before May
16~` meeting of the SRC.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Waters
• Reported that the recently planted. palm trees on Saturiba Drive
looked dead. Public Works Director Kosoy indicated that they
would be replaced in the near future by Petticoat Contracting.
• Complimented the City Clerk's office on the new composition of
the agenda packet.
Commissioner Borno
• Requested that the Community Development Board revisit the
Quest variance request and look at it from the viewpoint of a
neighborhood improvement.
• Requested that the Code Enforcement Officer and Building
Official review the zoning ordinance and present their comments
to the Commission.
• Inquired if the video tapes of the sewer lines and results of the
smoke tests could be used to determine pipe size for the core city
sewer project. Public Works Director Kosoy indicated that the
bidders were given access to that information, including
elevations and existing as-bunts.
Mayor Meserve
• Reported that the Public Works application for a grant of
$350,000 had been approved by Tallahassee, and complimented
Public Works Director Kosoy and Assistant Public Works
Director Kaluzniak for their work in obtaining the grant.
• ~ Reported that Commissioner Waters, Don Wolfson, Pat Pillmore
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and he had attended Mayor Delaney's presentation of his Better
Jacksonville Plan for the city. Mayor Meserve indicated that
future discussions would occur over the next four or five months
concerning the city's support or non support of the proposed
half-cent sales tax increase and additional interlocal agreements.
There being no further discussion or business to come_before the
Commission, the Mayor declared the meeting adjourned at 9:00 p.m.
John Meserve
Mayor /Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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