10-11-04 vMINUTES
REGULAR CITY COMMISSION MEETING
OCTOBER 11, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Attorney Alan C. Jensen
Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey
Commissioner Paul B. Parsons
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
ABSENT:
City Manager Jim Hanson
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor, was followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
~/~- September 27, 2004
Commissioner Simmons requested that Page 7, Paragraph 3 be amended to
include additional discussion as indicated in a prepared amendment
distributed to the Commissioners.
Motion: Approve Minutes of the Regular Meeting of September 27,
2004 as amended. (A copy of the amendment is attached to the minutes).
Moved by Parsons, seconded by Waters
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Steven Hannan of 345 20th Street inquired concerning the status of the
proposed development to be located north of Fleet Landing. Mayor
Meserve responded that no action was taken and the developer was
informed the Commission would hold a public meeting when specific plans
were submitted to the city for review. The Mayor indicated that the owner
of the property had not contacted the city since the initial inquiry.
October 11, 2004 REGULAR COMMISSION MEETING Paee 2
Pat Pillmore of 995 Camelia Street thanked the Commissioners for
providing storm information to the residents during the recent hurricanes.
She indicated that since the storms, mosquitoes had become prevalent and
annoying. Ms. Pillmore complained concerning the slow response of the
City of Jacksonville Mosquito Control to requests for spraying and inquired
if the city or beach cities would consider purchasing a truck for spraying.
Mayor Meserve agreed that the mosquitoes were a problem and indicated he
would speak with the City Manager concerning increasing the city's
program for spraying ditches and open water.
J.P. Marchioli of 414 Sherry Drive thanked the Commissioners for the
improvements to the ditch located behind the Post Office, which included a
bulkhead, landscaping and new sidewalk. He also commented that too
much money was being spent on consultants while worthwhile projects,
such as making Howell Park handicapped accessible, were ignored. Mr.
Marchioli also requested that something be done concerning the mosquito
problem.
Recognition of Richard A. Presentation of plaque recognizing Richard Mann's Years of
Mann's Years of Service on the Code Enforcement Board
~ Service on the Code
Enforcement Board Mayor Meserve presented Mr. Mann a plaque honoring his nine years of
service on the Code Enforcement Board and thanked him for his dedication.
Mr. Mann thanked the Commissioners and stated it was a pleasure and
honor to serve the city. He indicated his work on the board was a
meaningful experience and it was hard to believe that nine years had gone
by.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
City Manager's Follow-up Report
Beach Renourishment and Hurricane Follow-up
Mayor Meserve commented on each item of the City Manager's report
which is attached and made part of this official record as Attachment A.
Mayor Meserve indicated that the city met with U.S. Representative Ander
Crenshaw to discuss supplemental funding for beach renourishment, and he
indicated his support for the program. Mayor Meserve expressed concern
if the city did not received beach renourishment by next year, two
northeasters could do significant damage to the remaining dune system.
October 11, 2004 REGULAR COMMISSION MEETING Pa e 3
'~ The Mayor praised the efforts of city crews during the two recent hurricanes
and thanked them for their dedication to keeping the city operational.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Building Department Monthly Report
for September, Report of New Occupational Licenses issued in
September and Public Works and Utility Departments Monthly
Report (City Manager)
B. Rebid of Annual Contract for Lawn Maintenance of City Parks
(Bid No. 0304-22) (City Manager)
C. Extend Control Design, Inc. contract for Lift Station SCADA to
include nine additional lift stations at a cost of $49,995.00 (City
Manager)
Motion: Approve Consent Agenda Items A, through C as presented
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
~ Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
There were no Committee Reports
Action on Resolutions 6. Action on Resolutions
There was no action on Resolutions.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 75-04-17 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND
21-31(H) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED
FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY
PARKING SPACES, ADOPTING ORDINANCE 75-04-17,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
The Mayor read the ordinance by title only.
October 11, 2004 REGULAR COMMISSION MEETING Pa e 4
Motion: Approve Ordinance No. 75-04-17 on final reading
Mayor Meserve explained that the ordinance corrected the amount of fine to
be assessed for illegal parking in ADA accessibility parking spaces.
Mayor Meserve opened the floor for a public hearing. No one spoke and he
closed the public hearing.
There was no discussion.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 20-04-67 Introduction and First Reading
ORDINANCE N0.20-04-67 AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING
SEPTEMBER 30, 2005
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 20-04-67 on first reading.
It was announced that the public hearing and final reading of the ordinance
would be October 25, 2004.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request from the lOt" Street Beach Access Committee for
matching funds totaling $2,500 for improvements at the 10`"
Street Beach Access (City Manager)
Beach Access.
Mr. John Goodling of 149 10`" Street, representing the 10'" Street Beach
Access Committee, presented a slide show illustrating the proposed
October 11, 2004 REGULAR COMMISSION MEETING Page 5
!~ improvements to the access, which included brick pavers, a sea shell
collection area, landscape plants, car stops and irrigation. Mr. Goodling
reported that the cost for the project was approximately $8,000, depending
on the cost of the landscape plants. He stated that funds would be raised
from selling signature pavers at $50 per paver, with profits of $37.50 for
each one sold. He indicated commitments to purchase 60 pavers had been
received, as well as a donation of $1,000.
Mr. Goodling thanked Parks and Recreation Director Johnson and the City
Gardener, Alex Hawkins, for their valuable input.
Commissions Waters thanked Mr. Goodling for the presentation and
indicated the proposed improvements would provide a beautiful asset to the
city.
Mayor Meserve inquired concerning the rusty bicycle rack located at the
access. Mr. Goodling stated he had spoken with Parks and Recreation
Director Johnson and was informed a new bicycle rack would be provided
by the city for the site.
Mayor Meserve inquired if a shower would be provided for the site. A
discussion of the new vandal proof showers ensued, and Parks and
Recreation Director Johnson indicated that one could be provided for the
access. It was the consensus of the Commission that irrigation and a
shower be provided for the site.
Commissioner Parsons inquired if the 10`" Street Beach Access Committee
met all of the city's criteria for receipt of the $2,500 in matching funds. Mr.
Johnson indicated they were eligible for the matching funds.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Approval of the Local 630, White Collar Union Contract for the
period October 1, 2004 through September 30, 2005 (City
Manager)
Motion: Approve of the Loca1630, White Collar Union Contract for
the period October 1, 2004 through September 30, 2005.
There was no discussion.
October 11, 2004 REGULAR COMMISSION MEETING Pa e 6
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Approval of the Loca1630, Blue Collar Union Contract for the
period October 1, 2004 through September 30, 2005 (City
Manager)
Motion: Approve of the Loca1630, Blue Collar Union Contract for the
period October 1, 2004 through September 30, 2005.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report
There was no report.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
A. Florida Beach and Shore Preservation Association Conference
Report (Comm. Parsons)
Commissioner Parsons reported that Public Works Director Rick Carper
and he attended the Florida Shore and Beach Preservation Association
annual conference on Marco Island and Mr. Carper would provide an
overview of the materials covered at the conference. A copy of his report
is attached and made part of this official record as Attachment B.
Funding for Duval County beach renourishment was discussed in detail.
Public Works Director Carper indicated that he was informed that if
approved tomorrow, $84M in Federal Emergency Funding would be
available for beach renourishment in the southeast. It was thought this
would provide enough funds to Florida for restoration of the beaches to
~- before Hurricane Jeanne levels. It was pointed out that beach
renourishment was no longer a function of the Corps of Engineers and the
October 11, 2004 REGULAR COMMISSION MEETING Page 7
Jacksonville renourishment project had no official status with them. Mr.
Carper indicated that Kevin Bodge of Olsen and Associates estimated the
cost for Duval County Beach Renourishment to be $9.SM before the
hurricanes and at $12M after Hurricane Jeanne. It was noted that Duval
County had not been placed on the FDEP list as a casualty of the hurricanes
and consequently would not be eligible for funding from them. Mr. Carper
also noted that the city would not be eligible for FEMA emergency funding
if the city was involved in an on-going Corps of Engineers project.
Commissioner Waters inquired concerning Corps contract for beach
renourishment and the jetties' influence on beach erosion. Mr. Carper
indicated that the initial renourishment occurred in 1976. However, the
Corps was careful to never tie the city's beach renourishment with the
Federal Aid to Navigation (construction of the jetties).
Discussion of Kevin Bodge's duties ensued. It was pointed out that Mr.
Bodge was hired on an as-needed basis to represent both Atlantic Beach and
Jacksonville Beach in matters concerning beach renourishment. It was also
pointed out that City of Jacksonville had agreed to reimburse the city for his
fees, but lost the paperwork and did not know where it was.
Mr. Carper indicated that the Corps was expected to take the lead for
~ funding beach renourishment, but was not pushing for the funding.
Commissioner Parsons recapped the findings of a meeting held the previous
Friday at the beach with Jacksonville Council President, Elaine Brown,
Jacksonville Council Member Art Graham, State Representative Don Davis,
Representative Ander Crenshaw's Aide, City Manager Hanson, and Public
Works Director Carper and indicated that it was the consensus of those
present that funding for beach renourishment was an on-going issue and
should be pursued.
Commissioner Parsons and Public Works Director Carper recommended
that the Commission consider appointing a committee to bring attention to
the funding issue. Commissioner Beaver suggested that Kevin Bodge serve
on the committee. Discussion ensued. Mayor Meserve stated he would like
to appoint Commissioner Parsons to serve as a Commissioner representative
on the ad hoc committee, and indicated that he had spoken with
Jacksonville Council President Elaine Brown who agreed to serve on the
committee and be apro-activist for beach renourishment from the county's
viewpoint.
Commissioner Simmons believed funding for beach renourishment had
been stalled in Mayor Peyton's office and reported that Jacksonville Beach
City Manager Forbes indicated a desire for the beach communities to hire
Mr. Bodge, on the local beach level, to take a more active role to obtain
funding from Jacksonville. Mayor Meserve agreed and suggested that
October 11, 2004 REGULAR COMMISSION MEETING Page 8
Commissioners Parsons and Simmons, meet with Elaine Brown, and Steve
Diebenow, to set up a meeting and move forward with a plan to obtain
funding for beach renourishment within the next year.
Commissioner Beaver inquired concerning the agreement with the Corps
and the City of Jacksonville for beach renourishment. Mayor Meserve
explained the fifty-year agreement and indicated that funding was never
included with the agreement. He believed the city should take the federal
government to court if it ever decided to get out of the beach renourishment
program due to the jetties preventing the natural migration of sand to
Atlantic Beach.
Commissioner Simmons
• Reported that a large amount of seaweed had washed up on the beach
and was beginning to smell. She suggested some of it might be retained
on the beach as a mechanism to capture blowing sand.
• Stated she received a call concerning the City of Jacksonville
referendum for a charter change relative to zero tolerance for litter and
inquired as to what action the city was taking on this matter. Mayor
Meserve believed it was a matter for the City Attorney to address. The
""~ Mayor explained that the issue was that the change would affect the
entire county, including the beach cities that have their own litter
ordinances, and if a fine was levied, who collects the fine. The Mayor
further indicated the change was written so that each beach city would
have to vote for the change, as well as each city government.
Commissioner Simmons expressed concern that the city might lose out
on regular litter pick-ups on Atlantic Boulevard and Mayport Road if it
did not support the change. She indicated that Jacksonville Council
Member Graham was going to introduce an amendment to opt out the
beach cities the following evening.
Mayor Meserve requested that the City Attorney research the proposed
change to determine if a precedent would be set relative to Home Rule
and the proposed Jacksonville Charter change and get back with him by
noon the following day. Mayor Meserve indicated he would make some
calls and speak with the City Manager in the morning to decide the
city's position on this matter to relay to Council Member Art Graham.
Commissioner Waters
• Thanked the Mayor for the letters written to Senators Graham and
Nelson concerning beach renourishment.
October 11.2004 REGULAR COMMISSION MEETING Page 9
• Commented on information he received from Council Member Art
Graham concerning an article in the Jacksonville Business Journal
relative to the beach cities not participating in Super Bowl events.
Adjournment There being no further discussi
adjourned at 8:30 p.m.
John
ATTEST:
~~;N/71Q
Donna L. Bussey
Municipal Clerk
declared the meeting
idin~ Officer
r-
AMENDMENT TO THE MINUTES OF SEPTEMBER 27, 2004 COMMISSION
MEETING AS REQUESTED BY COMMISSIONER SIMMONS
ON PAGE SEVEN, PARAGRAPH THREE, AFTER "MR. ROBBINS POINTED
OUT THE AREA ON THE NTAP" INSERT THE FOLLOWING:
He stated he did not know the acreage west of the setback line. Commissioner Simmons
asked the acreage within the two western pads. Mr. Robbins indicated about two acres.
Commissioner Simmons indicated she had difficulty with the small-scale amendment
changes to the Comprehensive Plan because the proposed map did not correspond with
the proposed PUD.
She indicated that the proposed Comprehensive Plan designated .5 acre as Commercial
and 3.6 acres as Residential. It was noted that the PUD design and map required two or
more acres for commercial uses, including the yacht club and restaurant, yacht club
marina, and parking lot for the yacht club.
It was reported that Atlantic Beach development standards do not allow commercial uses,
such as parking lots and marinas in areas zoned residential.
ATTACHMENT A
OCTOBER 11, 2004 COMMISSION MTG.
October 4, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
~tp Pty
SUBJECT: Follow-up eport
Beach Renourishment; The urgent need for beach renourishment following the damage done by
Hurricane Jeanne was discussed at the last city commission meeting on September 27`h. Since
that time, Congressman Crenshaw's office has been contacted and the Congressman made a brief
tour of the damage in Atlantic Beach on Monday, October 4`h. Joining in that tour was top
officials from the Regional Corps of Engineers Office, Mayor Meserve, and representatives from
Jacksonville Beach. The Corp representatives explained that they had submitted a supplemental
funding request that would be taken up by the Congress within the next several days.
Congressman Crenshaw indicated his support for that measure. However, he did not feel that it
was likely that the Senate would be able to act on the supplemental funding request as quickly as
Congress could. We are planning to contact both Senator's offices in Washington to let them
know of the damage done in Duval County and solicit their support for funding at the federal
level.
Hurricane Follow-up; This will be the third (and hopefully the fmal) report on emergency
actions taken to repair and clean up after recent hurricanes. City staff expects to have the
remaining debris from Hurricane Jeanne picked up by the end of business on October 4`''
resulting from another joint effort from our contractor and city crews. Unlike Hurricane Frances
debris removal, the city expects to be able to complete this project without having to pay
additional money to our solid waste contractor.
The biggest damages from Hurricane Jeanne were at the beach. No only did we experience
considerable erosion of the dunes, but virtually all of the city's walkovers that extended to over
the primary dune line were also seriously damaged. Through combined efforts of the Streets and
Recreation Departments, temporary patches were put in place to reopen all of the city's
walkovers for public use by Friday, October 1 ~`.
Rick Carper will provide further information on the hurricane follow-up and is also expected to
make a report of his fmdmgs at the Beaches Renouishment Conference that he and
Commissioner Parsons recently attended.
ATTACHMENT B
OCTOBER 11, 2004 COMMISSION MTG.
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