Minutes / 09-11-00MINUTES OF THE REGULAR MEETING OF THE ATLANTIC.
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, SEPTEMBER 11, 2000
PRESENT: John Meserve, Mayor
. Richard Beaver, Mayor Pro Tem
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
ABSENT: Alan C. Jensen, City Attorney
e mee mg was ca e o or er y ayor eserve a p.m. e
invocation was offered by Mayor Meserve followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the regular meeting held
August 28, 2000
The minutes of the Regular Meeting held August 28, 2000 were
unanimously approved as presented.
2. Courtesy of the floor to visitors:
Alan Potter of 374 Second Street spoke in opposition to the following
items in the proposed budget: (1) transfer of $400,000 from water/sewer
to the general fund, (2) the proposed 14% water/sewer rate increase, (3)
an increased expenditure of $200,000 at the Buccaneer Sewage
Treatment Plant, and (4) the 4% across the board pay increase for city
employees.
Dorothy Kerber of 3651st Street spoke in support of Dial-A-Ride and
indicated that in the past the city had provided office space for Dial-A-
Ride. She also indicated that various service organizations gave
monetary support to the program.
Don Remley of 1309 Violet Street stated that some unknown residents
of the Marsh Oaks area were throwing trash in a drainage ditch, which
he felt contributed to recent flooding problems. He requested
Commission consideration of a police bicycle patrol of the area to solve
this and other types of minor problems. Mr. Remley also expressed
concern that Mosquito Control was spraying the beach area at 7:00 a.m.
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September 11, 2000
when residents were walking on the beach and suggested that the
spraying occur earlier.
Pat Pillmore of 995 Camelia Street stated that she had read a recent
newspaper article which inferred .that a bicycle path would be constructed
on the Mayport Road flyover. Ms. Pillmore disapproved of any bicycle
path being built on the flyover. Mayar Meserve indicated that the article
was misleading and that the bicycle path would be constructed across the
Intracoastal Waterway bridge on Atlantic Boulevard, and up to the
intersection, but not on the flyover.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) Whether or not Aikenhead and Odom's preliminary plan for moving
water on the numbered streets included underground piping, (2) the
recent report concerning speeding on Seminole Road did not list the
number of cars driving the speed limit, (3)did not feel a utility rate
increase was justified, and (4) the proposed utility deposit of $125 was
too high and inquired as to how long it would be retained by the city
before being refunded.
Stephen Kuti of 1132 Linkside observed that the bicycle lanes recently
constructed on Atlantic Boulevard by the Jacksonville Transportation
Authority (JTA) were never used. He opposed the JTA's design for
bicycle lanes from the Intracoastal Waterway bridge to the flyover as
being too narrow.
Mr. Kuti also stated that his questions concerning the core city drainage
project were not answered during the September 7`h public hearing and
inquired as to when he might expect a response.
Alan Potter spoke in opposition to the Aikenhead and Odom
Preliminary Drainage Report and inquired how they could use the
existing old, decaying undersized pipes in the core city area as part of the
drainage system. He also inquired as to when the preliminary drainage
report and modeling would be available for inspection by the public. Mr.
Potter felt the city paid too much for the preliminary report.
3. Unfinished business from previous meeting
A. Follow-up report from the meeting of August 28, 2000 (City
Manager)
City Manager Hanson requested Commission input on the following
items in his written report:
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Retention Pond -East Side of Mayport Road
City Manager Hanson requested comments on the retention pond
proposed by the JTA.
Mayor Meserve disapproved of the current retention pond design which
included a chain link fence with barbed wire surrounding the pond. He
felt the retention pond should look more like a lake with landscaping
since it would be built adjacent to the site of the new motel now under
construction. The Commissioners agreed with the Mayor.
Mayor Meserve requested that the City Manager contact the JTA with
the city's concerns. The Mayor indicated that he would also contact
appropriate representatives of the JTA with the city's concerns.
Ball Field Maintenance at Jack Russell Park
City Manager Hanson reported that maintenance cost for mowing the
recently resodded baseball field at Jack Russell Park was very high. He
recommended that the city purchase a reel mower at a cost of $5,500 to
allow city crews to maintain the field at a lower cost.
Commissioner Beaver informed the Commission that the Atlantic Beach
Athletic Association (ABAA) had already purchased a reel mower, and
suggested that the City Manager and Parks and Recreation Director
contact ABAA regarding who should maintain the field and at what
level.
Discussion concerning the high maintenance sod planted by ABAA
ensued, and following further discussion, it was the consensus of the
Commission that the City Manager and Parks and Recreation Director
meet with the Board Members of ABAA to come to an understanding
concerning their operation and report their findings to the Commission.
11"' Street Parking Petition
City Manager Hanson reported that the parking problem on 11`" Street
had been resolved and required no Commission action.
Regarding Item 3B, Commissioner Waters reiterated his preference for
signage painted on the street and commented that much of 11 `" Street was
so overgrown that if a car parked along the street an ambulance could not
get by. He also pointed out that the traffic signs on 12`" Street did not
face traffic.
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September 11, 2000
City Manager Hanson indicated. he would keep communication open
with the residents concerning these matters.
Federal Legislation Concerning Local Zoning Authority
Commissioner Mitchelson suggested that a letter be sent to the Florida
League of Cities opposing the proposed legislation which would limit the
ability of local governments to control zoning.
Motion: Send a letter to our local legislators, fellow cities and
the League of Cities strongly opposing the Taking Bills
proposed in Congress. (Community Development Director
Worley's memo dated September 5, 2000, explaining the Takings
Bills is attached and made part of this official record as
Attachment A).
There being no further discussion, the motion carried unanimously.
Contract for Atlantic Boulevard Median Maintenance
Commissioner Beaver suggested the city observe "zero tolerance"
concerning the maintenance and require it be done correctly.
B. Discussion and possible action relative to stop sign at 11tH
Street and East Coast Drive (City Manager)
City Manager Hanson summarized the report given by Chief Thompson.
A brief discussion ensued and it was the consensus of the Commission to
leave the stop sign in place since it created no problem.
4. Consent Agenda:
Commissioner Waters requested that Item 4A be removed from the Consent
Agenda for further discussion.
B. Award contract to Wilson & HSL Roofing in the amount of
$12,500.00 for re-roofing of the City facility at 902 Assisi
Lane, pursuant to the specifications of Bid No. 9900-21 (City
Manager)
C. Extend contract with Calciquest for Orthophosphate for
Buccaneer Water System for one additional year in
accordance with their proposal submitted under Bid No.
9798-39 (City Manager)
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September 11, 2000
D. Award annual contract to Gruhn May, Inc., for point repairs
to the city's water distribution, and sanitary and storm sewer
collection systems pursuant to their proposal submitted under
Bid No. 9900-24 (City Manager)
E. Award contract to Atlas Electric for electrical motor and
pump repairs pursuant to their proposal submitted under Bid
No. 9900-25 (City Manager)
F. Authorize staff to submit the Third Annual. Storm Water
Management Plan Report to EPA (City Manager)
Motion: Approve Consent Agenda Items B-F as
recommended.
There was no discussion and the motion carried unanimously.
A. Acknowledge receipt of monthly reports from Building,
Occupational License, and Public Works (City Manager)
Motion: Approve Consent Agenda Item A as presented.
Commissioner Waters inquired concerning the Odor Control System for
the Buccaneer Wastewater Treatment Plant (Item #5 in the Public Works
Department Project Status Report). Public Works Director Kosoy
explained how the system worked, and stated that it had been received
and would be installed soon.
Commissioner Waters also inquired concerning the quality of the sand
mentioned in Item #19 - Beach Renourishment of the Public Works
Department Project Status Report. Public Works Director Kosoy
indicated that he had spoken with the City of Jacksonville and he was
told the sand would come from the ocean. Commissioner Waters stated
that he wanted to make sure the sand deposited on the beach was clean
and of a good quality.
Commissioner Mitchelson stated he was informed that the sand would be
river dredged from Blount Island and barged to Atlantic Beach. He
further stated that he would find out more at the Beaches and Shore
Preservation annual conference later in the week, and would bring the
information back to the Commission.
There was no more discussion and the motion carried unanimously.
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September 11, 2000
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 45-00-15 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 20, TAXATION,
SECTION 20-59, SCHEDULE OF FEES; AND PROVIDING
AN EFFECTIVE DATE (City Commission)
Motion: Adopt Ordinance 45-00-15 on final reading.
Mayor Meserve read presented the ordinance in full, in writing. He then
opened the floor for a public hearing and invited comments from those
present.
No one spoke in favor of or in opposition to the ordinance and the Mayor
declared the public hearing closed.
There was no discussion and the motion carried unanimously.
B. Action on proposed budget:
(i) Public hearing and setting of tentative millage rate for
fiscal year 2000/2001
Mayor Meserve announced that the tentative millage rate was 3.1721
mills for operating purposes for fiscal year 2000/2001, which represented
a 9.1456% increase over the rolled back rate of 2.9063 mills.
Motion: Adopt a tentative millage rate of 3.1721 mills for
operating purposes for fiscal year 2000/2001.
Mayor Meserve opened the public hearing and invited comments from
those present in the audience.
Since no one spoke for or against the tentative millage rate, the Mayor
declared the public hearing closed.
There was no discussion and the motion carried unanimously.
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September 11, 2000
(ii) Ordinance No. 20-00-47: Public hearing and first
reading
AN ORDINANCE ADOPTING THE FINAL
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 200012001. -
BEGINNING OCTOBER 1, 2000 AND ENDING
SEPTEMBER 30, 2001
Mayor Meserve read the ordinance by title only and stated that the
ordinance would adopt a tentative operating budget of $26,510,640 for
fiscal year 2000/2001.
Motion: Approve Ordinance 20-00-47 on first reading.
Mayor Meserve then opened the floor for a public hearing, and the
following citizen spoke concerning the proposed budget:
Alan Potter of 374 Second Street spoke in opposition to the across the
board 4% pay increase and suggested that all employees be given $1,000.
He also opposed the transfer of $400,000 from the water/sewer fund to
the general fund and requested that this transfer be removed from the
budget.
Since no one else wished to speak, the Mayor closed the public hearing.
It was pointed out that the City Manager was not included in the 4% pay
increase.
City Manager Hanson responded that it was a good business practice for
the city to make a profit from its utilities and there was nothing illegal or
unethical with the practice. He indicated that the 25% surcharge to
Buccaneer customers approximated the $400,000 amount being
transferred.
There being no further discussion, the motion carried unanimously.
C. Ordinance No. 45-00-48 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`SEPTEIVIBER 30, 2000
(City Manager)
Motion: Approve Ordinance 45-00-48 on first reading.
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September 11, 2000
Mayor Meserve announced that the public hearing and final reading of
the ordinance would take place on September 25, 2000. Mayor Meserve
explained that the ordinance covered year end budget modifications.
Commissioner Waters commented on Item 2 of the budget modifications
and believed the city should be reimbursed these costs by the person
responsible for the action.
There were no further comments and the motion carried unanimously.
D. Ordinance No. 80-00-62 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, ARTICLE II,
WATERWORKS SYSTEM, SEC. 22-20, FEE TO RE-
ESTABLISH SERVICE AFTER CUT OFF OR TRANSFER
TO REQUIRE PAYMENT OF A TURN ON FEE .FOR NEW
SERVICES; SEC. 22-27, CHARGES FOR WATER
SERVICES, TO INCREASE CHARGES FOR WATER
SERVICE; SEC. 22-27.1, UTILITY DEPOSITS, TO SET A
DEFINED DOLLAR AMOUNT FOR RESIDENTIAL.
DEPOSIT; TO AMEND ARTICLE III, WASTEWATER
SYSTEM, DIVISION 7, SEC. 22-166, ESTABLISHMENT
OF A MONTHLY BASE CHARGE TO INCREASE THE
BASE CHARGE FOR SEWER SERVICE; SEC. 22-167,
SCHEDULE OF WASTEWATER VOLUME CHARGES,
TO INCREASE THE VOLUME RATE FOR. SEWER
SERVICES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE (City Manager)
Motion: Approve Ordinance 80-00-62 on Brst reading.
Mayor Meserve read the ordinance by title only and announced that the
final reading and public hearing of the ordinance would take place on
September 25, 2000.
Mayor Meserve pointed out that even with the proposed increase, the
citizens of Atlantic Beach would still enjoy the lowest water and sewer
rates in the area.
Instead of two 8% increases, Commissioners Waters and Mitchelson
preferred that the increases be spread out over a longer period of time.
There was no further discussion and the motion carried by a four to one
vote with Commissioners Beaver, Borno, Mitchelson and Mayor
Meserve voting aye and Commissioner Waters voting nay.
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September 11, 2000
8. Miscellaneous Business:
A. Authorize the Mayor to sign Agreement with the St. Johns
River Water Management District for $20,000 grant for
storm water management program (City Manager)
Motion: Authorize the Mayor to sign Agreement with the St.
Johns River Water Management District for $20,000 grant
for storm water management program.
There was no discussion and the motion carried unanimously.
B. Authorize Mayor to sign all paperwork relative to FDOT
grants for the Police Department for 2000/2001 (City
Manager)
Motion: Authorize Mayor to sign all paperwork relative to
FDOT grants for the Police Department for 2000/2001.
There was no discussion and the motion carried unanimously.
C. Action on request of Councilman Jerry Holland for a
contribution to the operating costs of Dial-A-Ride (Mayor)
Motion: Provide funding in the amount of $1,000.00 for Dial-
A-Ride.
Commissioners Beaver, Borno and Waters spoke in favor of the request.
There was no further discussion and the motion carried unanimously.
Relative to the request for a donation of $2,500 toward the installation of
lighting at the multi-purpose athletic field at Beaches Baptist Hospital as
a joint venture with the City of Jacksonville Beach, which was approved
at the August 28, 2000 Commission Meeting, Mayor Meserve indicated
that the city would not be donating the funds since he had discovered that
the request was from a Councilman on behalf of a private organization,
and not on behalf of the City of Jacksonville Beach.
9. City Manager Reports:
Architectural Services -Adele Grage Community Center
City Manager Hanson reported that he had received a Contract
Agreement for architectural services from Tat Chan in the amount of
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$35,540. He indicated that the scope of services included three phases
and associated fees which could be accomplished in ten months. City
Manager Hanson stated that the agreement price did not include a model
or color rendering of the building which is often used for fund raising
purposes.
Discussion ensued concerning the budget for the project. Commissioner
Beaver indicated that payment of the Architectural Service fees would
come from the amount budgeted for the project. City Manager Hanson
indicated that $100,000 was included in the 2000/2001 budget and that
Commissioner Beaver had indicated that his group would like to raise
$200,000 privately for the renovations.
Motion: Accept the proposal of Tat Chan for Architectural
Services for all three phases in the amount of $35,540.
There was no more discussion and the motion carried unanimously.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Beaver
Reminded the Commissioners of the ribbon cutting ceremony for
Bull Memorial Park at 10:00 a.m. on Saturday, September 16,
2000.
Stated he would still like Mort Hanson to come to a Commission
meeting, but he observed when he was at the beach that most
residents keep their lights off. He felt that Atlantic Beach was
doing a good job to protect the hatchlings.
Mayor Meserve indicated that Mr. Hanson would come to a
meeting after the turtle hatching season is over.
Commissioner Borno
Stated he rode with Mr. Hanson and did not see many lights
shining on the beach. He also felf the residents were doing a
good job without an ordinance.
Commissioner Mitchelson
Reported he would be attending the Florida Shore and Beach
Preservation Association Conference September 13 -15`h and
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would bring back to the Commission any new information.
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• Stated he would like a yearly letter sent to ocean front residents
reminding them of the sea turtle hatching season.
Commissioner Borno responded that the Resolution passed by the
Commission required that a yearly letter be sent to ocean front
residents.
Commissioner Waters
Inquired as to the progress on the 19`h Street beach access and
was told that the city had completed installation of the limerock
base and landscape materials would be delivered soon.
Inquired concerning the cement circular area outside the Adele
Grage Community Center and was told it was an area for seating
and the cap still needed to be installed.
Suggested all Commissioners avail themselves of the training
provided for new government officials by the Florida League of
Cities.
Mayor Meserve
Updated the Commission on a meeting with the Jacksonville
Economic Development Commission and the City Planning
Department concerning the Mayport Road Corridor Project and
reported that they seemed very receptive to taking the project on
as an economic development issue, and had received a $60,000
grant for a study of the area.
He further stated that he was continuing discussions with public
officials, including a Council Member at large and Sam Mousa
concerning this matter, and that he had also spoken with the
architect who will perform the study. The Mayor said he would
keep the Commission informed as the discussions continue.
Stated he would also contact the City of Jacksonville concerning
the city's dislike of the Mayport Road retention pond.
Commissioner Mitchelson
Inquired concerning the status of the flyover project and was
informed by City Manager Hanson that the waterline relocation
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construction for the flyover project would begin the following
day.
Commissioner Waters
• Inquired concerning the status of purchasing Johnston Island for
additional park land.
Mayor Meserve indicated that the asking price was too high
and it was a dead issue for now.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 9:05 p.m.
John Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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