Minutes / 11-22-99MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD AT 7:15 PM ON MONDAY, NOVEMBER 22,
1999
PRESENT: John Meserve, Mayor
Richard Beaver
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
Invocation was offered by Commissioner Mitchelson followed by the
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
November 8, 1999
The Mayor asked for corrections or amendments to the minutes. There
were none, and the minutes were unanimously approved as prepared.
2. Courtesy of the Floor to Visitors:
A. Alan Potter of 374 Second Street stated that he had recommended
the firm of Aikenhead and Odom earlier in the year as the firm to provide
professional engineering services for the Core City Improvements Project.
However, upon review of their preliminary design and proposal for the
final design phase of the improvements, Mr. Potter stated he had changed
his mind. He apologized to the citizens of Atlantic Beach for the earlier
recommendation.
B. J.P. MarchioIi of 414 Sherry Drive concurred with Mr. Potter's
comments.
3. Unfinished Business from Previous Meeting
A. Reports in response to questions raised at the Commission
Meeting of November 8, 1999
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November 22, 1999
City Manager Hanson summarized the responses to questions raised at the
previous Commission Meeting. A copy of his report is attached and made
part of this official record as Attachment A.
TOWN CENTER -TRUCKS BREAKING CURBS
Concerning trucks breaking the curb at Town Center, City Manager
Hanson indicated that Public Safety Director Thompson would meet with
the merchants to see if other options, rather than limiting truck size, could
be worked out to prevent damage to the curbs. Public Safety Director
Thompson was directed to bring back his findings to the next Commission
meeting.
FIRE DEPARTMENT MONTHLY REPORTS
Commissioner Beaver requested that copies of the Fire Department
monthly reports be provided to the Commission for the next two months.
DAGLEY PROPERTY
Commissioner Beaver referenced the "Chronology of Events in the Dagley
Case," which had been provided to the Commission, and requested that
follow-up information be provided concerning Items 6-9.
City Attorney Jensen stated he would review Ordinance 90-86-103
concerning the Dagley property and provide the requested information to
the Commission at a future date. Commissioner Beaver requested that a
copy of the ordinance be provided to the Commission.
B. ~.uthorize the installation of speed strips on Royal Palms Drive
approaching the intersection of Plaza
Motion: Authorize the installation of speed strips on Royal
Palms Drive approaching the intersection of Plaza.
There was no discussion, and the motion carried unanimously.
Item 9A was taken out of sequence reported on at this time.
9. City Manager Reports:
A. Report relative to televising of sewer lines
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November 22, 1999
Public Works Director Kosoy presented a video of sanitary sewer lines
showing cracks in the lines, a .crumbling manhole, and various other
problems which contributed to an estimated 400,000 gallon per day ground
water intrusion into the system. Public Works Director Kosoy indicated
that slip lining the lines would eliminate the ground water intrusion
problem.
Public Works Director Kosoy introduced Ron Trygar of the Florida Rural
Water Association who presented a brief slide show of smoke testing sewer
lines. Mr. Trygar stated that the testing was planned for December 8`h
through the 11`h in the core city area, with the only expense being the cost
of the non-toxic liquid smoke used for the testing.
A brief discussion of the testing procedure ensued and Mayor Meserve
emphasized the need for good public notification of the testing. It was
pointed out that the Fire Department would also need to be notified of the
testing because an improper connection in a home could set off a smoke
alarm and cause a smoke filled home requiring ventilation.
4. Consent Agenda:
A. Authorize the City Manager to sign the Annual Service
Agreement Contract No. ATLB-9900835 and expend $18,925.00
for that agreement with H.T.E., Inc. (City Manager)
B. Approve purchase of Kingsley Model 0912 Curbside Depository
with safe, at a cost of $3,143.88, including freight (City
Manager)
C. Approve purchase of a Ford Ranger for the Beautification
Department through Florida Sheriff s Association of Counties
Bid No. 99-07-0913 at a cost of $11,932.00 (City Manager)
Commissioner Mitchelson inquired if any more vehicles would be
purchased in the near future. Public Safety Director Thompson stated that
additional Police Department vehicles would be purchased this year.
Motion: Approve Consent Agenda Items A, B and C as
presented.
There was no discussion and the motion carried unanimously.
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November 22, 1999
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. 58-99-27 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3,
RETIREMENT SYSTEM, PROVIDING FOR THE
TERMINATION OF FIREFIGHTER RELATED
PROVISIONS, PROCEDURES AND BENEFITS;
PROVIDING THAT SUCH TERMINATION SHALL
COMPLY WITH CHAPTER 175, FLORIDA STATUTES;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE (City Manager)
Mayor Meserve read the ordinance by title only.
Motion: Adopt Ordinance No. 58-99-27 on final reading.
Human Resources Director George Foster briefly explained that the
ordinance terminated the firefighter pension plan related provisions in the
city code and gave the Pension Board the authority to alloy the transfer of
funds to the City of Jacksonville pension fund.
Mayor Meserve opened the floor for a public hearing. No one spoke in
favor of or in opposition to the ordinance and the public hearing was
declared closed.
Commissioner Beaver inquired if passage of this ordinance prompted
language changes in the current agreement with the City of Jacksonville.
Human Resources Director Foster responded that the ordinance changing
the pension plan, previously approved on first reading, was on hold waiting
for the impact statement and a review of the Pension Board Attorneys. He
further explained that the Police Pension Plan still needed to be separated
from the General Employees Pension Plan. Mr. Foster indicated that he was
waiting for an itemized cost impact statement from the actuarial company
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November 22, 1999
and he hoped to have the information for the December 13, 1999 meeting.
Commissioner Beaver expressed concern that in the future, if the city
reactivated its own fire department, there would be no provision in the code
to allow firefighters to bring their pension back to the city if they chose
to do so.
Mayor Meserve concurred with Commissioner Beaver and felt it could be
part of the renegotiations with the City of Jacksonville.
There being no further discussion, the motion carried unanimously.
B. Ordinance No. 95-99-72 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 5, BEACHES AND
PARKS, ARTICLE III, PUBLIC PARKS, SEC. 5-31,
HOWELL PARK USE PROHIBITED AFTER DARK, TO
PROHIBIT USE OF ALL PUBLIC PARKS AFTER DARK,
PROVIDING CERTAIN EXCEPTIONS THERETO, AND
PROVIDING AN EFFECTIVE DATE {City Commission)
Motion: Approve Ordinance No. 95-99-72 on first reading.
The final reading and public hearing will held at the next meeting of the
City Commission, scheduled for Tuesday December 14, 1999.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 5-99-32 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VII, FINANCE, DIVISION 1. GENERALLY, TO
PROVIDE THAT AMENDMENTS TO THE CITY'S
OPERATING BUDGET SHALL BE AUTHORIZED BY
ORDINANCE, AND DELETING SEC. 2-318 RESERVE
ACCOUNT FOR FIRE DEPARTMENT REVENUE;
AMENDING DIVISION 2. PURCHASING, TO APPROVE
CERTAIN CHANGES IN THE CITY'S PURCHASING
PROCEDURES, AND PROVIDING AN EFFECTIVE DATE
(City Manager)
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November 22, 1999
Motion: Approve Ordinance No. 5-99-32 on first reading.
Commissioner Mitchelson favored broadening the latitude of the City
Manager's purchasing authority. However, he expressed concern that the
bid threshold limit of $10,000.00 was too high since the figure represented
a 400% increase over the previous limit of $2,500.
Commissioner Borno felt the increase was reasonable and stated that the
surrounding communities operate at high levels than $10,000.00.
Commissioner Beaver also favored the increase but inquired as the limit for
those goods or services exempted from the formal bid process as listed in
Section 2-336 of the code. City Manager Hanson indicated that they were
limited by the amount budgeted for the particular goods or service.
The the final reading and public hearing on Ordinance 5-99-32 will be
held at the next meeting of the City Commission, scheduled for Tuesday
December 14, 1999.
There being no further comments, the motion carried unanimously.
8. Miscellaneous Business:
A. Appoint Steve Rosenbloom to the General Employee Pension
board of Trustees fora 4-year term, and to the Police Pension
Board of Trustees fora 2-year term (Pension Board)
Mayor Meserve indicated that this item had been pulled from the agenda at
the request of Mr. Rosenbloom.
9. City Manager Reports:
A. Report relative to televising of sewer lines
Item 9A was taken out of sequence and reported on after Item 3B.
B. Flyover Landscaping Plans
City Manager Hanson reported that landscape plans for the Mayport Road
Flyover had been provided to the Beautification Committee and Tree Board
and he had received very few comments. He indicated that the final plans
were expected in January and would be be submitted to the Tree Board
when received.
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November 22, 1999
C. Jacksonville Transportation Authority (JTA) Flyover Property
Acquisition and Wonderwood Road Project
City Manager Hanson reported the JTA needed to acquire some property for
the flyover project and indicated he would work with them on this matter,
as well as property and the flap gate issues related to the Wonderwood Road
project.
Mayor Meserve stated he would like the retention ponds by the flyover to
look like parks (similar to the one on 12`" Street South in Jacksonville
Beach) with park benches, sidewalk, etc. He reported that the JTA had
indicated they would not make further changes unless the City of Atlantic
Beach signed off in a written document.
Mayor Meserve felt this project would provide an opportunity to make
positive improvements to the Silvers Liquors corner, and stated that some
of the trailers in the trailer park were actually located on the road right-of-
way and said it would be necessary for the JTA to take some of that
property. He suggested that the proposed berm be located between the
trailer park and Mayport Road to provide a sound buffer for the trailer park
residents. The Mayor suggested that the City Manager and Public Safety
Director review the plans and come up with a conceptual plan for the area
to be brought before the City Commission at their next meeting, at which
time public input would also be allowed. Mayor Meserve stated he would
write to Miles Francis notifying him that a formal proposal would be
submitted by the city after the next meeting.
Fire Hydrants
City 1`/Ianager Hanson reported that all fire hydrants in Atlantic Beach were
in working order, but twenty-one had low water pressure due to the size
of the lines servicing them. He indicated that funds were budgeted for their
repair, and that the fire hydrants would be cleaned, painted and inspected
on a bi-annual basis.
Moving Expenses
City Manager Hanson explained that he would like to have his family
moved to Atlantic Beach before the Christmas holiday. He indicated that
he had received two quotes with the lowest one being $5,661.00, and
requested authorization to begin the relocation process in an amount not to
exceed the lowest quote of $5,661.00.
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November 22, 1999
Motion: Authorize the expenditure of an amount not to exceed
X5,661 to reimburse the City Manager for expenses involved in
moving his family to Atlantic Beach.
There: was no discussion and the motion carried unanimously.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Waters:
• Inquired into the status of the naming of Dutton Island. Said he
would like the name of the Castro Y Ferrer land grant to be
preserved and used correctly in the naming of the park.
Requested that a status report on all parks be presented at the next
commission meeting, and that staff look into what appears to be a
damaged roof on the gazebo in Tide Views Preserve
• Suggested that a video, filmed by Don Phillips, be shown at the
next commission meeting
Commissioner Mitchelson
• Requested that city staff look into what he perceived to be a
problem with a manhole at David/Pine Street. Public Works
Director Kosoy stated he would look into the matter.
• As Commission liaison to the Beaches Homeless Coalition, he
reported that the number of homeless people in the beaches area had
declined by about 30%.
• Reported on discussions with Media One regarding community
programming, and suggested filming city operations in the field
and broadcasting a 30-minute local government show every two
weeks for a trial period of about three months. He suggested
enlisting the help of Mitch Kaufmann, an Atlantic Beach resident,
at a cost of approximately $500.00 per show.
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November 22, 1999
Mayor Meserve:
• Suggested changing the date or time of the next Commission
Meeting so that Commissioners and Staff could attend the Jaguars
football game. Following a brief discussion, it was agreed to hold
the meeting on Tuesday, December 14, at 7:15 p.m.
• Reported that City Manager Hanson was continuing negotiations
with Aikenhead and Odom for professional engineering services for
the core city stormwater improvements.
Referenced a letter he received from Mayor Delaney regarding the
decision of Baldwin to act alone, and not as a part of Duval County,
with respect to Community Development Block Grant funding.
Mayor Meserve requested that City Attorney Jensen review the
letter, and stated he would write to Mayor Delaney supporting a
change in legislation to allow Atlantic Beach to participate with
Jacksonville in this program.
• Referenced a letter from the U.S. Army Corps of Engineers
indicating that they proposed to undertake an environmental
assessment for beach renourishment, and a response was required
within thirty days. It was agreed the city should respond and let
them know that Atlantic Beach supported and appreciated the beach
renourishment program.
• Referenced a letter from People's Gas and suggested that the city
continue to negotiate a gas franchise. He indicated that Fleet
Landing was negotiating with People's Gas to receive natural gas
service from the Mayport Road pipe. Mayor Meserve commented
that this had nothing to do with the city's gas franchise and
emphasized that he had no interest in a gas franchise from a
business or personal standpoint.
Commissioner Borno indicated that the city had given a proposal to
People's Gas but had never received a response from the company.
City Manager Hanson stated that he had asked the City Attorney to
compare the current proposal from People's Gas item by item with
the one previously submitted by the city. He stated that the
comparison should be ready in the near future.
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November 22, 1999
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 8:50 p.m.
John Meserve
Mayor /Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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- ATTACHMENT A
-"NOVEMBER 22, 1999 COMMISSION MEETING-
November 17, 1999
ME1V10RANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim :'~
SUBJECT: Follow-up `items
The following are responses to questions and requests for additional information that
were made at the last meeting of the City Commission on November 8, 1999;
Can Atlantic Beach use State Revolving Loan Funds to refinance egistin~ debt?
The State Revolving Loan Fund offered in conjunction with the DEP is not available for
refinancing existing debt. However, the use of these funds may be an attractive option to
spending City reserves (non-bonded funds) as are currently pledged to the completion of
the Core City Project. The reserves are presently earning more in interest than the
uiterest amount on the loan that would be paid to the State Revolving Loan Fund. One
concern is in the debt coverage ratio which is required in the bond covenants. When
adding additional debt with the same pledged revenues, the City has to meet the same
coverage ratio. It has been several years since the last water/sewer rate increase and the
expenses of operating the water and sewer operations have inflated to a point where the
debt coverage ratio is close ~o the minimum amount required.
Does the initial response area for the Atlantic Beach Fire Station include any areas
on the west side of the Intra-Coastal Bridge?
The Jacksonville Fire Department has advised that the Atlantic Beach Station provides
first response to alarms up to San Pablo Road. A different station handles alarms to
Queens Harbor and West of San Pablo Road. The contract with Atlantic Beach does not
outline a specific response area for the Fire Station. It assures that Jacksonville provides
a comparable response time, but does not prevent Station 55 from providing the first
response to San Pablo Road. Typically when the Atlantic Beach Station is busy,
Jacksonville assigns the calls to Station 41 near Mayport. The response time, especially
in the Mayport Road area, is comparable, and sometimes better than units responding
from Atlantic Beach.
Request for historical information about the junkyard adjacent to the Tide Views
Preserve;
Attached is a chronology of events involving the Dagley Junkyard along with a map
showing the location.
Speeding complaints; Sherr~Drive and Seminole Road
Speeding complaints were received at the last Commission meeting for locations on
Sherry Drive and Seminole Road. A traffic counter/analyzer was placed in the 500 block
of Sherry Drive on November 11 and remained for 129 hours. In that period 19,984
vehicles were tracked in both directions and the analysis of traffic speeds shows a median
speed of 23 miles per hour. Slightly under one percent, or 179 of the vehicles were
traveling in excess of 10 miles per hour over the posted speed limit of 25 miles per -hour.
A similar traffic/speed analysis will be conducted in the 2,000 block of Seminole Road
beginning during the week of November 15th.
The Police Department is conducting special traffic enforcement activities throughout the
City and will continue to monitor both areas. Special enforcement will be allocated to
the areas found to be most problematic as time, personnel, and need dictates.
Trucks breaking curbs in Town Center area:
Once solution proposed was to limit the size of trucks on streets in the Town Center area.
It appears that limiting the size of vehicles using specific streets may be legal and
authorized under Florida Statutes. Before pursuing this option, it is recommended that
staff be given additional time to look into the causes of the damage in more detail and
consider other options for resolving the problems. The suggested method for this would
be for Police Department representatives to meet with business owners in the Town
Center area to discuss the problem and solicit their ideas.
Traffic accidents at the intersection of Plaza Road and Royal Palms Drive;
Staff recommends that the Commission approve the installation of speed strips on Royal
Palm Drive in the vicinity of the Plaza. Road intersection. See the attached staff report for
additional information.
CHRONOLOGY OF EVENTS IN THE DAGLEY CASE
In March 1985 a complaint was received regarding junk cars at three locations in
Secrion H, including property south of Sixth Street, and at the westerly end of
Sixth Street.
2Y November 14, 1985, Mr. Dagley was brought before the Code Enforcement Board
because of junk cars on lots 5 and 6, Block 162, Section H -the matter was
continued to the Code Enforcement Board meeting of January 9, 1996.
3. On January 9, 1986, the Code Enforcement Board determined that Mr. Dagley's
property was used in conjunction with his business prior to the zoning ordinance
of 1959, of which he was being charged with violating. It was determined that he
was not in violation of the ordinance and that his business was "grandfathered in."
4. March 24, 1986, the Mayor was authorized to appoint a committee to discuss the
Dagley case with Mr. Dagley's attorney.
5. April 14, 1986, the Mayor reported to the City Commission that the committee
recommendations had been forwarded to the Advisory Planning Board. (The
conuinittee reconunended a "pulling-in" of Mr. Dagley's operations, and that he be
given aUse-by-Exception to operate in a specific area near the marsh where most
of his property was located. They recommended a swap of some of his lots for
some of the city's right-of--way on Begona Street to further consolidate lus
operation).
6. April I5, 1986, the Advisory Planning board voted to create a Special use District
for a junk yard, consisting of blocks 11 1, 117, 118, 119, 139, 140, 141, 142, and
143. The board recommended that Mr. Dagley deed block 110 to xhe City in
exchange for closing Begonia Street from West 6`~ Street to the marsh; that Mr.
Dagley remove all cars from lots 5 and 6, block 162, and restrict all future activity
to property then owned by Mr. Dagley. (There is no evidence :o indicate that
block 110 was ever deeded to the city, or that the city ever abandoned or closed
the portion of West 6~' Street referred to above.)
7. May 20, 1986, a public hearing was held at the meeting of the Advisory Planning
Board. The board identified the blocks to be included in the Special Use District
and approved a motion indicatiig that if any lot or parcel widen the Special Use
District ceased to be used for Mr. Dagley's business, that parcel would not again
be a part of the Special Use District.
8. November 10, 1986, the City Commission adopted Ordinance No. 90-86-103,
establishing a Special Use District for salvage/junk yards consisting of Lots 111,
112, 113, 117, 118, 119, 140, 141, and 142, Section H.
9. November 18, 1986, Mr. Dagley's attorney (Alan Jensen) sent a letter to the city
setting forth the actions which would be taken by Mr. Dagley:
~+ (a) Remove all junk vehicles from Lots 5 and 6, Block 162, and cease using
those lots for his business
(b} Reiuove all junk items from blocks 110, 139 and 143, and cease using those
blocks for his business
(c) Construct approximately 200 feet of privacy fence on the south side of
West 6`~ Street with approximately 100 feet going east from Begonia Street
and approximately 100 feet going west of BegoYUa Street
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