Minutes / 06-12-00.MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
~' ' SEMINOLE ROAD AT 7:15 PM ON MONDAY, JUNE 12, 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 7:15 p.m. The
invocation was offered by Commissioner Beaver, followed by the
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
..May 22, 2000
The minutes of the Regular Meeting held May 22, 2000 were approved
as presented.
Mayor Meserve welcomed Jerry Holland, Jacksonville City Council
Member from District 3, to the meeting.
2. Unfinished Business from previous meeting
A. Follow-up report from the meeting of May 22, 2000 (City
Manager)
City Manager Hanson reported on the following matters which had been
raised at the previous meeting:
Noise Complaint -Buccaneer Wastewater Treatment Plant
City Manager Hanson referenced the recent complaint concerning noise
levels at the Buccaneer Wastewater Treatment Plant and deferred to
Public Works Director Kosoy for an explanation of action being taken to
resolve the problem...
Public Works Director Kosoy introduced John Dougherty, an engineer
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with Gannett Fleming, who explained that the noise was being caused by
three positive displacement blowers installed during the recent plant
expansion project. He indicated that this type of blower had been chosen
because it was approximately 2S% less expensive to purchase and more
economical to operate than centrifugal blowers.
Mr. Dougherty stated that the noise level at the plant had been reduced
by about SO% with construction of temporary walls, but permanent
enclosures would offer the most sound reduction.
Discussion of additional noise abatement ensued and Mr. Dougherty
indicated that an additional reduction of 13 decibels was needed for
minimal compliance to the City of Jacksonville's noise ordinance.
Commissioner Mitchelson suggested that the engineer work toward a
lower level of noise than the maximum level allowed.
Mayor Meserve indicated that he would like to clean up the property at
the back of the plant, repair the road and drainage, build a solid fence and
provide landscaping and trees to further reduce the noise into the
residential area.
~~ City Manager Hanson inquired concerning the cost of the enclosures, and
Mr. Dougherty indicated that they would cost approximately $35,000 to
build and would take approximately ten weeks to complete since they
would require on-site custom design work.
Due to time constraints, City Manager Hanson suggested the
Commission authorize staff to waive formal bidding procedures and
negotiate the best and lowest price for the enclosures.
Motion: Authorize staff to waive the formal bidding
procedures and to accept the. lowest price, not to exceed
$40,000.00, to construct the enclosures.
Following further discussion, the motion carried unanimously.
Tree Board -Jacksonville Transportation Authority (JTA)
Retention Pond Site
City Manager Hanson reported that the Tree Board and representatives
from the JTA had met on site on June 9, 2000, and the issues concerning
,,~""~ the location of the retention pond for the flyover project had been largely
resolved. City Manager Hanson indicated that the JTA had agreed to
reconfigure the retention pond in order to save several old oak_trees on
the site, and it was expected that the Tree Board would approve their
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application for tree removal.
Impact of Senior Homestead Exemption
City Manager Hanson reported that the city would-lose $7,246 in revenue
if the Senior Homestead Exemption was adopted. He indicated that the
ordinance authorizing the additional homestead exemption had been
approved on first reading (March 13, 2000), and asked the Commission
if they wished to proceed with the public hearing.
It was the consensus of the Commission to hold the public hearing at the
June 26`h meeting.
Log Cabin on Seminole Road
Former Mayor Lyman Fletcher distributed pictures of the cabin located
on Seminole Road as it appeared in the early 1900's and requested
Commission consideration for saving a piece of Atlantic Beach history.
He felt it would cost between $15 - 20,000 to move the building, and
suggested that it be moved to the site on Dutton Island Preserve where
the caretakers cottage once stood.
Discussion ensued, and Mayor Meserve stated that he had visited the
cabin and felt it would be cost prohibitive to move the building, which
was not a true log cabin, and restore it on site on Dutton Island Preserve.
Commissioner Waters urged those Commissioners who had not
inspected the cabin to do so before the next meeting. He felt the
Commissioners should seriously consider saving the building for
relocation to Dutton Island Preserve.
3. Courtesy of the Floor to Visitors:
Bill Morgan to Present Honor Award to City Commission
Bill Morgan, the architect who designed the city's lifeguard station,
presented the city with the Honor Award for design which he had
received from the Jacksonville Chapter of the American Institute of
Architects for his design of the building.
Mayor Meserve praised Mr. Morgan for his achievement and thanked
"? him for the certificate.
J.P. Marchioli of 414 Sherry Drive felt the odor control system was
included in the engineer's proposal for Buccaneer Wastewater Treatment
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June 12, 2000
Plant expansion project. He also inquired concerning the effect an
enclosure would have on the operation of the blower motors at the pant.
Alan Potter of 374 Second Street felt the noise problem at the
Buccaneer Wastewater Treatment Plant was caused by an engineering
mistake, and the residents of Atlantic Beach should not have to pay for
noise abatement. He referred to the warranty for the project, and felt
the blowers should be considered "unsuitable equipment, "returned to
the vendor and the money refunded. Mr. Potter also felt that the plant
should have the same type of odor control as the Atlantic Beach plant
and that no additional money should be spent for odor control since it
was part of the design already paid for.
Jane Aukens of 747 Renault Drive ,who lives close to the Buccaneer
Wastewater Treatment Plant, complained of the never ending noise from
the plant. She indicated that the noise level was better than when she
first contacted the city in March ,but still was not acceptable, and
requested that the city do something immediately to alleviate the
problem.
Don Remley of 1309 Violet Street hoped the city would set up a phone
hotline for residents to call relative to the septic tank conversion
assistance policy and requested that the city do something with the Plaza
hump problem before the flyover is completed and traffic use increases
on Plaza.
Sally Clemens of 1638 Park Terrace West posed several questions
concerning procedures followed-relative to Item 8C on the agenda
Danny Thiele of 107 Azalea Place, Neptune Beach, read a prepared
statement from Blair Witherington, of the Florida Fish and Wildlife
Conservation Commission requesting that the Commission consider
passage of an ordinance regulating ocean front lighting during sea turtle
nesting season. The statement is attached and made part of this official
record as Attachment A.
A brief discussion ensued concerning offending ocean front lighting, and
Mr. Thiele provided the Commission with additional information
supporting adoption of an ordinance.
Holly Kartsonis introduced herself and stated that she was a candidate
,, for the Florida House of Representatives District 1$ seat presently held
by Joe Arnall.
Tim Fisher of 1531 Atlantic Boulevard, Neptune Beach, spoke
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relative to Resolution 00-10 and stated that a traffic study had already
been completed by the FDOT, and the traffic flow problem was in large
part due to motorists. making illegal u-turns at the Summer Sands
entrance. Mr. Fisher-felt that construction of the flyover would alleviate
some of the problem.
4. Consent Agenda:
A. Acknowledge receipt of monthly Building, Occupational
License, Public Works and Recreation Department Reports
(City Manager)
B. Award contract to T. W. Blount Jr. and. Son Contracting
Company in the amount of $43,147.00 for Effluent Outfall
Pier Repair pursuant to the specifications of Bid No. 9900-15
(Base Bid Only), and authorize the City Manager to sign the
construction contract (City Manager)
Commissioner Mitchelson requested that Item C be removed from the
Consent Agenda for further discussion.
Motion: Approve Consent Agenda Items A and B as
recommended.
There was no discussion and the motion carried unanimously.
C. Award Contract to AmeriSeal Northeast Florida, Inc. in the
amount of $13,796.50 for Thermoplastic Striping and
Pavement Markers for Seminole Road pursuant to the
specifications of Bid No. 9900-14 (City Manager)
Motion: Approve Consent Agenda Item C as recommended.
Commissioner Mitchelson inquired if the specifications of the bid were
for the same product used two years ago on Seminole Road, and
commented that he thought that whatever was used looked thin. Public
Works Director Kosoy indicated that it was the same product, however,
paint had been used on Plaza to the end of Seminole Road on a
temporary basis since that part of the road was going to be repaved.
There was no further discussion and the motion carried unanimously.
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5. Committee Reports
There were no Committee Reports.
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June 12, 2000
6. Action on Resolutions:
A. Resolution No. 00-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING THE SEPTIC TANK
CONVERSION ASSISTANCE. POLICY, AND PROVIDING
AN EFFECTIVE DATE (City Manager)
Motion: Adopt Resolution No. 00-09.
There was no discussion, and the motion carried unanimously.
B. Resolution No. 00-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REQUESTING THE FLORIDA DEPARTMENT
OF TRANSPORTATION TO CONDUCT A TRAFFIC
STUDY ON ATLANTIC BOULEVARD AT THE
ENTRANCE TO SUMMER SANDS COMMUNITY
(Commissioner Beaver)
Motion: Adopt Resolution No. 00-10.
Commissioner Mitchelson asked Mr. Fisher's opinion as to whether a
temporary or permanent solution to the problem was needed at the
Summer Sands entrance. Mr. Fisher felt that a temporary solution was
needed until construction of the flyover was completed.
A complete discussion of traffic flow patterns in the area of the entrance
to Summer Sands ensued. It was pointed out that this entrance provided
the only ingress and egress to the Summer Sands Community and u-turns
by drivers wanting to go north on Mayport Road caused many of the
problems.
The Commissioners recognized that a problem existed and felt that
FDOT traffic study was needed to arrive at a permanent solution to the
problem.
There being no further discussion, the motion carried unanimously.
7. Action on Ordinances:
There was no action on Ordinances.
8. Miscellaneous Business:
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June 12, 2000
A. Joseph Quest appealing the denial by the Community
Development Board of a request for a variance to fence
height regulations (City Manager)
Mr. Quest felt the six foot fence acted as a deterrent to keep people from
cutting through his property, consisting of two lots lying between
Dudley Street and Church Road. Mr. Quest indicated that there had been
a crime problem in the area prior to his purchase of the property, and
since the fence had been installed, the crime rate had gone down. Mr.
Quest requested Commission approval to keep the six foot fence.
Mayor Meserve commended Mr. Quest's efforts to clean up the properly.
He then asked City Attorney Jensen if the Commission could consider an
appeal to a variance request.
City Attorney Jensen advised that an appeal could be brought to the
Commission on the basis of an illegal decision by the Community
Development Board and stated that the petition from-the appealing party
must set forth and specify the grounds of the illegal decision of the
Community Development Board. City Attorney Jensen further advised
1 that Mr. Quest's appeal contained no allegations of an illegal decision.
Mayor Meserve stated that there was no legal way for the Commission to
overturn the Community Development Board's decision and Mr. Quest's
recourse was through the court system.
Commissioner Borno inquired if the case could be reheard by the
Community Development Board. Community Development Director
Worley advised that Mr. Quest would have to wait 365 days before the
same request could be brought back before the Board.
Motion: Uphold the recommendation of the Community
Development Board to deny the request for a variance to the
fence height regulations since there was no evidence
presented of an illegal action taken by the Community
Development Board. (The Community Development Board
denied the request for a variance to the height requirement by a
three to two vote on March 21, 2000).
There being no further discussion, the motion carried unanimously.
B. Ratify ban on use or discharge of fireworks, flares,
explosives, sparklers or outdoor burning (City Manager)
Motion: Ratify the Mayor's ban on the use or discharge of
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June 12, 2000
fireworks, flares, explosives, sparklers and outdoor burning.
Commissioner Borno inquired as to the thirty day expiration date for the
ban: Mayor Meserve indicated that the ban could be extended if needed.
There being no further discussion, the motion carried unanimously.
C. Waive the formal bidding procedures and award contract to
BIOCUBE in the amount of $24,900.00 for an odor control
system at the Buccaneer Wastewater Treatment Plant (City
Manager)
Motion: Waive the formal bidding procedures and award
contract to BIOCUBE in the amount of $24,900.00 for an
odor control system at the Buccaneer Wastewater Treatment
Plant, as recommended in a memo dated June 6, 2000
submitted by Public Works Director Kosoy. (The memo is
attached and made part of this official record as Attachment B ).
City Manager Hanson reported that the engineer for the project, John
Dougherty, obtained the proposals and evaluated them for the city, and
recommended awarding the contract to the lowest bidder, BIOCUBE. It
was explained that odor control was included in the original design of the
plant, but the city chose not to include it until it was determined it would
be needed. City Manager Hanson further explained that odor control
was now needed, and Public Works Director Kosoy had worked with Mr.
Dougherty to get a lower price than originally bid.
Commissioner Mitchelson inquired how the BIOCUBE system worked,
and Mr. Dougherty stated that the system biologically treated the
hydrogen sulfide. He pointed out that the bid price also included five
years' worth of replacement filters.
There being no further discussion, the motion carried unanimously.
D. Authorize the Mayor to sign Petition for Waiver relative to
reimbursement of a portion of the acquisition costs of Dutton
Island Intracoastal Waterway park (City Manager)
Motion: Authorize the Mayor to sign Petition for Waiver
relative to reimbursement (to Jacksonville) of a portion of the
acquisition costs of Dutton Island Intracoastal Waterway
Park.
There was no discussion and the motion carried unanimously.
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June 12, 2000
E. Authorize the Mayor to execute the Interlocal Agreement
with the City of Jacksonville for distribution of proceeds of
the proposed half-cent sales surtax (City Manager)
Motion: Authorize the Mayor to execute the Interlocal
Agreement with the City of Jacksonville for distribution of
proceeds from the proposed half-cent sales surtax as
recommended by City Manager Hanson in his memo dated
June 6, 2000. (The memo is attached and made part of this
official record as Attachment C).
City Manager Hanson explained the changes in the Interlocal Agreement,
which included a more simplified distribution formula for the % cent
sales surtax proceeds, resulting in more money for the city.
The motion carried unanimously.
Mayor Meserve enjoined the Commission to think about putting the
funds in some type of trust fund for future use and give consideration as
to how it should be used. He favored a resolution of support for Mayor
'1 Delaney's Better Jacksonville %2 Cent Sales Surtax .
Motion: Authorize the City Manager to bring a resolution of
support for Mayor Delaney's Better Jacksonville'/ Cent
Sales Surtax Program to the next meeting for Commission
approval.
There being no further discussion, the motion carried unanimously.
F. Direct City Attorney to prepare the language and
appropriate paperwork to implement recommended changes
to the City's parking ordinance (City Manager)
Motion: Direct the City Attorney to prepare the language and
appropriate paperwork to implement recommended changes
to the city's parking ordinance.
It was pointed out that the changes would mostly affect the Town Center
area.
There being no further discussion, the motion carried unanimously.
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9. City Manager Reports:
Finance Director Van Liere
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June 12, 2000
• Explained the program to have utility customer payments
automatically drafted from their checking accounts and
distributed bank drafting authorization agreement forms to the
Commissioners.
• Explained that a Superior Achievement Award had been given to
Deputy Finance Director Jeri Benjamin for her diligence in
obtaining $10,576 in additional FIND grant money for the city.
Finance Director Van Liere also reported that Mrs. Benjamin was
instrumental in providing programming for implementing the
Bank Draft Program.
10. Reports and/or Requests from City Commissioners and City
Attorney
Commissioner Beaver
• Inquired concerning the time for a reception for representatives of
the Florida Inland Navigation District to be held July 21, 2000 at
the Sea Turtle Inn.
City Manager Hanson stated that the plans for the reception had
not been finalized and he would notify everyone as soon as he
knew the time.
• Stated he had spoken with Kevin Bodge of-Olson and Associates
whose company assists several communities with monitoring
beach renourishment. Commissioner Beaver requested
authorization to write a letter of introduction to Mayor Delaney's
office for Mr. Bodge. It was the consensus of the Commission to
do so.
• Briefly reported on his meeting with children at the Adele Grage
Community Center for their input as to what they would like to
see incorporated into the proposed renovations to the building.
Commissioner Borno
• Reported that he had sent for a Water 2020 Executive Summary
from the St. Johns River Water Management District.
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Commissioner Mitchelson
• Reported on the successful Teen Council Dance held June 3,
2000 in the Donner-Park Community Center.
• Indicated he would like Mort Hanson and a representative from
the Florida Fish and Wildlife Conservation Commission to attend
the next meeting to address ocean front lighting standards for
protection of sea turtles.
Commissioner Waters
• Urged those Commissioners who had not visited the log cabin to
do so, and requested that the disposition of the log cabin be
placed on the next Commission agenda.
• Disapproved of the appearance of the sandbox recently installed
in Bull Park.
City Manager Hanson indicated that it had been improperly
installed and the problem would be corrected.
• Stated he missed merry-go-rounds in the city parks and hoped at
least one would be installed in a park.
• Felt the .Commission should consider purchasing the old Pic `N
Save building for use as a community center and constructing a
round about at the five-way intersection with the additional sales
tax revenue.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 9:55 p.m.
John Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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