06-24-02 vCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AGENDA -JUNE 24, 2002
Call to order
Invocation and pledge to the flag
Approve minutes of the Commission Meeting of June 10, 2002
2. Courtesy of Floor to Visitors
A. Proclamation declaring the month of July as Recreation and Parks month in
Atlantic Beach (Mayor)
3. Unfinished Business from Previous Meetings
A. City Manager's follow up report on issues from previous meetings
B. Report and possible action regarding the use and availability of city rights-of-
way for public parking (City Manager)
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE
BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM
LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. 1F
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA
AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION
ON THESE ITEMS
A. Acknowledge receipt of the following monthly reports: Building Department,
Recreation Department, Public Safety Department and report of Utility Sales
(City Manager)
B. Acknowledge receipt of the annual actuarial reports for the city's General
Employee and Police Employee Pension Plans (City Manager)
C. Acknowledge receipt of first draft of proposed new sign ordinance (City
Manager)
D. Authorize the City Manager to sign the Form DR-420 Certification of Taxable
Value (City Manager)
E. Approve application for $90,000 in Local Law Enforcement Block Grant funds
through the City of Jacksonville for purchase of emergency communication
equipment in FY 2002-2003 (City Manager)
F. Approve extension of the contract with RUS Uniforms of Gainesville, which
merged with Cintas Corporation, for uniform rental and cleaning for city
employees for a period of one year at the current cost estimated at $9,500 (Bid
No. 0001-2 (City Manager)
G. Award annual contract for chlorine and sulfur dioxide to Jones Chemical, Inc. in
the unit prices listed in the bid at an estimated total amount of $26,600, pursuant
to the specifications of Bid No. 0102-20 (City Manager)
~""`~~ Page 2 Agenda June 24, 2002
H. Reject the sole bid received for the replacement of force main from Lift Station B
under Bid No. 0102-17 and authorize staff to rebid the project (City Manager)
5. Committee Reports
Audit Committee
A. Action on the Audit Committee's recommendation to hire James Moore and
Company as the city's auditors (City Manager)
6. Action on Resolutions
A. Resolution No. 02-12
A RESOLUTION OF ESTEEM RECOGNIZING. THE SERVICE OF
ALICE GARTLAND ON THE CULTURAL ARTS BOARD (Mayor)
B. Resolution No. 02-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
RESCINDING ALL PREVIOUS LEGISLATION REGARDING THE
RECREATION ADVISORY BOARD AND THE CULTURAL ARTS
BOARD; CREATING A NEW CULTURAL ARTS AND RECREATION
ADVISORY COMMITTEE, PROVIDING FOR PURPOSE,
MEMBERSHII', AND RESPONSIBILITIES OF SAID COMMITTEE,
AND PROVIDING AN EFFECTIVE DATE (Comm. Borno)
7. Action on Ordinances
A. Ordinance No. 90-02-171 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 90-02-171,
REZONING LANDS AS DESCRIBED HEREINAFTER FROM THE PRESENT
ZONING CLASSIFICATION OF OPEN RURAL (OR) TO SPECIAL PURPOSE
(SP); MAKING FINDINGS OF FACT; PROVIDING FOR SPECIAL
CONDITIONS; REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE
B. Ordinance No. 65-02-30 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CLOSING, VACATING AND ABANDONING A CERTAIN PORTION OF
CYPRESS STREET, AND PROVIDING AN EFFECTNE DATE
C. Ordinance No. 5-02-37 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING SECTION 2-2 OF THE ATLANTIC BEACH CODE, CHARITABLE
CONTRIBUTIONS PROHIBITED, AND PROVIDING AN EFFECTIVE DATE
(Comm. Borno)
8. Miscellaneous Business
A. Designate Commissioner Waters as Atlantic Beach's voting delegate to the 76~' Annual
Conference of the Florida League of Cities
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B. Action on a request by Bestcon, Inc. to vacate portions of West 14th Street
and Laurel Way (Tulip Street) within the Hidden Paradise Subdivision and
Atlantic Beach Section "H" Subdivision (City Manager)
9. City Manager
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made; which record shall include the testimony and evidence upon which the appeal is to be
based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City
Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the
~,.,,~~,,,, City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, June 21,
2002.
<~°`"'"' MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, JUNE 24, 2002
PRESENT: John Meserve, Mayor
Mike Borno
Paul Parsons and
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
ABSENT: Richard Beaver, Mayor Pro Tem
Mayor Meserve called the meeting to order at 7:15 p.m. The invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
°-~ 1. Approval of the minutes of the Regular Commission. meeting of
June 10, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of June 10, 2002 as presented.
The motion carried unanimously.
Mayor Meserve announced that at the request of Bestcon, Inc., Item 8B
was being deferred to the next meeting.
2. Courtesy of the Floor to Visitors:
A. Proclamation declaring the month of July as Recreation and
Parks month in Atlantic Beach (Mayor)
Mayor Meserve read the proclamation in its entirety proclaiming July as
Recreation and Parks Month in Atlantic Beach and presented the
document to Parks and Recreation Director Timmy Johnson.
Parks and Recreation Director Johnson thanked the Commissioners for
recognizing the importance of parks and recreation programs. He also
thanked his employees for the work they perform to maintain the parks,
and urged the citizens of Atlantic Beach to take advantage of the city's
wonderful parks system.
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June 24, 2002
f Item 6A was taken out of sequence and acted on at this time.
6A. Resolution No. 02-12
A RESOLUTION OF ESTEEM RECOGNIZING THE
SERVICE OF ALICE GARTLAND ON THE
CULTURAL ARTS BOARD (Mayor)
Motion: Approve Resolution No. 02-12.
Mayor Meserve read the resolution in its entirety and presented the
document to Mrs. Gartland. He thanked her for her many years of service
on the Cultural Arts Board and for being instrumental in bringing the arts
to the city.
Mrs. Gartland thanked the city for the privilege of serving on the Cultural
Arts Board.
Sylvia Simmons, 211 Beach Avenue, reported that she had experienced
poor garbage and recyclables pick up.
Bill Gulliford of 75 Beach Avenue expressed concern that motorists were
not obeying the stop sign at the corner of Beach Avenue and Ahern Street.
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Don Howell of 44 5th Street reported that his neighbors took up the beach
parking spaces by his home and indicated that he had also experienced
problems with garbage and recyclables pick up.
Dick Hilliard of 338 11th Street complimented city crews for their work
with the Menzi Mucker to clear drainage ditches. He also reported several
problems with the work on Sherry Drive and provided photographs of
cracked cement and raised manhole covers. Mayor Meserve indicated the
city was aware of the problems and they were being addressed.
Kelly Elmore of 1650 Beach Avenue spoke concerning providing
additional beach access parking and urged the Commissioners to keep it
the way it is. He felt the peace and tranquility of the city shouldbe
maintained and no additional parking provided. He suggested that a
shuttle service be run from city hall parking lot to the beach.
Alan Dickinson, 166 North Highway AlA, Ponte Vedra Beach,
developer of the North Beach Center at the old Pic `N Save building,
thanked Community Development Director Doerr for her assistance to
resolve the loading issue with his project. He then requested Commission
approval to exceed the 35' height limitation for the art deco facade
s°~-~ element of the proposed building.
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June 24, 2002
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Mayor Meserve indicated that, pursuant to Robert's Rules of Order, any
Commissioner who voted on the prevailing side during the previous
meeting could bring this matter back for reconsideration.
Bryan Barker, 609 Beach Avenue, supported earlier comments
concerning parking and stated that he did not want increased traffic on
Beach Avenue.
Rod Chaplin of 255 Plaza also agreed with earlier comments and stated
that he was opposed to providing additional parking.
Pat Pillmore of 995 Camelia Street felt parking areas should be clearly
marked and that bike paths, bike lanes and mass transportation should be
provided to allow citizens to get to the beach from the west side. of town.
Ms. Pillmore also reported that the Mass Transit Study had chosen a route
that went all of the way to the beach.
J.P. Marchioli of 414 Sherry Drive thought the radio station property
(Item 7A) would be grandfathered in, and the owners should be allowed to
build to the maximum height of 35', if they wanted to.
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He stated that he was more concerned for safety at beach accesses than
parking. He felt logs and rocks on the rights-of--way were dangerous and
should be removed. Mr. Marchioli inquired as to why only two parking
spaces were provided at the forty foot wide 4th Street beach access.
Bob Totter of 275 llt" Street felt parking regulations should apply
equally to all areas of the city. He also inquired concerning the widths of
streets at the beach.
Stephen Kuti of 1132 Linkside Drive inquired if the problems
experienced on Sherry Drive were the result of poor design or execution of
the project. He felt there was an engineering problem and inquired if a
permit had been issued for the rest of the core city project.
Mr. Kuti also complained about overflow from manually filling the city's
water tank causing manhole covers in his neighborhood to pop up; he also
complained that a sprinkler had ran for days on the Public Works'
property.
3. Unfinished Business from the previous meetings
A. City Manager's follow up report on issues from previous
meetings
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June 24, 2002
City Manager Hanson reported on the continued conversations with
representatives from the FDOT, the landscape contractor for the Atlantic
Boulevard medians, and Neptune Beach CJfficials concerning the City of
Atlantic Beach taking over maintenance of the landscaped areas of the
new flyover. The City Manager's follow-up report concerning
maintenance of the flyover is attached and made part of this official record
as Attachment A. City Manager Hanson indicated that the maintenance
agreements would be available for Commission review and approval at the
next meeting.
Water/Sewer Rate Study
In addition to the written report, City Manager Hanson indicated that the
city had received one proposal, from Burton and Associates, to perform a
water and sewer rate study for the city. He reported that the company had
performed extensive work in this area and the total cost for the study
would be from $16,000 to $16,500, including software to download
information from the city's billing system. to the consultant's system.
City Manager Hanson indicated that he would like to continue with the
work and have the information available during budget review.
There were no Commission objections to hiring Burton and Associates to
perform the study.
Sherry Drive Report
Public Works Director Kosoy reported that the contractor was in the
process of correcting elevation problems at the intersections of First,
Third, Fourth and St Streets. He stated that the six to seven inches of rain,
which occurred in an hour on Wednesday, was more than the system could
handle when properly working with the plugs open to Howell Park at 5th
and 7~' Streets.
Public Works Director Kosoy indicated that the outfalls were plugged, as
required by the SJRWMD permit, and there were only 15" pop-off drains
at the St'' and 7~' Street locations to handle the water. He further reported
that the outfalls would remain plugged until the weir at Fleet Landing was
reconfigured and the baffle boxes to control sediment were installed at Stn
and 7th Streets.
Mr. Kosoy further stated that he had notified the SJRWMD of the
problems during the storm and neither David Miracle nor Hugh West, the
city's Compliance Director, were available at that time but subsequently
approved the actions taken by staff. It was reported that the work
~~ completed last week was performed on an emergency basis and was not
the fault of the contractor, but an Act of God.
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June 24, 2002
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Commissioner Parsons inquired as to which part of the core city project
would be completed first. Public Works Director Kosoy indicated that
work on the weir and baffle boxes would be completed first, with work
scheduled to begin in mid-July. Commissioner Parsons also inquired
regarding the cracked cement. Public Works Director Kosoy stated that he
was aware of the problem, and it would be addressed by the contractor.
Commissioner Waters reported a flooding problem at the corner of
Atlantic Boulevard and Seminole Road during the height of the storm.
Public Works Director Kosoy indicated that he would look into this
matter.
B. Report and possible action regarding the use and availability
of city rights-of--way for public parking (City Manager)
Chief Thompson reported that discussion of the use of cityrights-of--way
was a complicated issue and stated there should be a uniform policy
throughout the city concerning the availability of public parking and the
placing of obstacles on rights-of--way to prevent parking. He also indicted
that guidelines were needed concerning planting on rights-of--way. Power
Point photographs showing right-of--way obstructions were displayed.
Chief Thompson's report is attached and made part of this offcial record
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as Attachment B.
Commissioner Waters felt the city could not ignore the problem. He
indicated that the beach was renourished by tax dollars so the citizens of
Atlantic Beach, as well as those of other cities and states, could enjoy the
beach. He felt minimal standards should be maintained to prevent future
loss of parking spaces.
Commissioner Parsons suggested grandfathering in existing landscaping
and protecting existing parking spaces.
Mayor Meserve accepted the report and stated that if any Commissioner
wished to bring this item back for action at a future meeting, appropriate
notice would be given and everyone would have an opportunity to speak at
that time.
Commissioner Waters suggested a workshop be scheduled to address the
issue and then bring it back to the public.
Mayor Meserve indicated that Item 7A would be taken out of sequence
and heard at this time.
-"" 7A. Ordinance No. 90-02-171 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
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ADOPTING ORDINANCE N0.90-02-171, REZONING
LANDS AS DESCRIBED HEREINAFTER FROM THE
PRESENT ZONING CLASSIFICATION OF OPEN
RURAL (OR) TO SPECIAL PURPOSE (SP); FINDINGS
OF FACT; PROVIDING FOR SPECIAL CONDITIONS;
REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve indicated that the applicant wished to withdraw the
request for the rezoning and leave the property zoned as it is. Steven
Diebenow, the attorney representing Queen of Peace Radio Station,
confirmed that his client wished to withdraw the request..
Mayor Meserve opened the floor for a public hearing. J.P. Marchioli
of 414 Sherry Drive felt it was discriminatory not to allow the
applicant to build a 35' tall building. He felt the property should be
grandfathered in. Pat Pillmore suggested placing fill on the site.
There were no further comments and the Mayor closed the public
hearing.
There was no discussion and no action was taken since the requested
rezoning was withdrawn.
4. Consent Agenda:
A. Acknowledge receipt of the following monthly reports:
Building Department, Recreation Department, Public
Safety Department and report of Utility Sales (City
Manager)
B. Acknowledge receipt of the annual actuarial reports for
the city's General Employee and Police Employee Pension
Plans (City Manager)
C. Acknowledge. receipt of first draft of proposed new sign
ordinance (City Manager)
D. Authorize the City Manager to sign the Form DR-420
Certification of Taxable Value (City Manager)
E. Approve application for $90,000 in Local Law Enfocement
Block Grant funds through the City of Jacksonville for
purchase of emergency communication equipment in
FY2002-2003 (City Manager)
F. Approve extension of the contract with RUS Uniforms of
Gainesville, which merged with Cintas Corporation, for
uniform rental and cleaning for city employees for a
period of one year at the current cost estimated at $9,500
F (Bid No. 0001-2 (City Manager)
G. Award annual contract for chlorine and sulfur dioxide to
Jones Chemical, Inc. in the unit prices listed in the bid at
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June 24, 2002
'~~ an estimated total amount of $26,600, pursuant to the
specifications of Bid No. 0102-20 (City Manager)
H. Reject the sole bid received for the replacement of force
main from Lift Station B under Bid no. 0102-17 and
authorize staff to rebid the project. (City Manager)
Motion: Approve Consent Agenda Items A-H as
presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
Audit Committee
A. Action on the Audit Committee's recommendation to hire
James Moore and Company as the city's auditors (City
Manager)
Commissioner Parsons. reported that the Audit Committee met on
June 17 and 18, 2002 to interview the following companies:Davis
Monk and Company; Masters, Smith & Wisby, P.A.; and James
Moore & Company, P.L. A copy of the minutes of the Audit
Committee Meetings of June 17 and 18, 2002 is attached and made
part of this official record as Attachment C. Commissioner Parsons
stated that the Audit Committee felt all of the companies were well
qualified, but after considering each company's experience, it was
determined that James Moore & Company, P.L. possessed the
necessary skills and experience to be the auditors for the City of
Atlantic Beach. Commissioner Parsons indicated that Finance
Director VanLiere had checked the company's references and all
reports were favorable.
Commissioner Parsons reported the cost for the first year auditing
services would be $29,550, with a total cost of $130,185 for the initial
contract term of four years, with an extension of two years, if desired.
Motion: Accept the Audit Committee's recommendation
and hire James Moore and Company, P.L. as the city's
auditors at a cost of $130,185 for the initial contract term
of four years, with possible extension of two years
There was no discussion and the motion carried unanimously.
6. Action on Resolutions
Resolution No. 02-12 was taken out of sequence. and approved under
Item 2, Courtesy of the Floor to Visitors.
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June 24, 2002
A. Resolution No. 02-12
A RESOLUTION OF ESTEEM RECOGNIZING THE
SERVICE OF ALICE. GARTLAND ON THE
CULTURAL ARTS BOARD (Mayor)
B. Resolution No. 02-13
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, RESCINDING ALL PREVIOUS
LEGISLATION REGARDING THE RECREATION
ADVISORY BOARD AND THE CULTURAL ARTS
BOARD; CREATING A NEW CULTURAL ARTS AND
RECREATION ADVISORY COMMITTEE,
PROVIDING FOR PURPOSE, MEMBERSHIP, AND
RESPONSIBILITIES OF SAID COMMITTEE, AND
PROVIDING AN EFFECTIVE DATE (Comm. Borno)
Commissioner Borno indicated that Resolution No. 02-13 needed
additional wording and requested that it be deferred to the next
meeting.
Motion: Defer action on Resolution No. 02-13 to the July
8, 2002 Commission Meeting.
Commissioner Waters felt members on the new committee should be
allowed to serve longer than two, two-year terms and suggested two
four-year terms. He also felt a Commission Liaison should be
appointed to work with the committee.
Mayor Meserve suggested the Commissioners seek out citizens who
would be willing to serve on the committee.
There was no further discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-02-171 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE N0.90-02-171, REZONING
LANDS AS DESCRIBED HEREINAFTER FROM THE
PRESENT ZONING CLASSIFICATION OF OPEN
RURAL (OR) TO SPECIAL PURPOSE (SP); .FINDINGS
OF FACT; PROVIDING FOR SPECIAL CONDITIONS;
REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE
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June 24, 2002
Item 7A, Ordinance No. 90-02-171 was taken out of sequence and
discussed under Item 3, Unfinished Business from Previous Meetings.
At the request of the applicant, this item was withdrawn.
B. Ordinance No. 65-02-30 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, CLOSING, VACATING AND
ABANDONING A CERTAIN PORTION OF CYPRESS
STREET, AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 65-02-30 on first
reading.
Public Works Director Kosoy explained that in 1990 water and sewer
was extended to the area and a 6" water line was installed in 1997
after receiving an easement from the property owner at that time. In
1999, at the request of the property. owner to the north, the
Commission authorized staff to coordinate with the City Attorney the
preparation of ordinance and easement documents to abandon a
portion of the right-of-way at the end of Cypress Street. In April of
2000 it was realized that there were conflicting surveys for the
easements and a new survey for the proper easement was completed
with a new map for the parcel in 2001.
Public Works Director Kosoy pointed out that an easement needed to
be retained by the city through the parcel being abandoned.
A brief .discussion ensued concerning the location of the easement,
landlocked property and who would gain the abandoned right-of--way.
There was no further discussion and the motion carried unanimously.
C. Ordinance No. 5-02-37 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING SECTION 2-2 OF
THE ATLANTIC BEACH CODE, CHARITABLE
CONTRIBUTIONS PROHIBITED, AND PROVIDING
AN EFFECTIVE DATE (Comm. Borno)
Mayor Meserve read the ordinance by title only and announced that
the public hearing and final reading would take place on July 8, 2002.
Motion: Approve Ordinance No. 5-02-37 on first reading.
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June 24, 2002
There was no discussion and the motion carried unanimously.
S. Miscellaneous Business:
A. Designate Commissioner Waters as Atlantic Beach's voting
delegate to the 76th Annual Conference of the Florida League
of Cities
Motion: Approve Commissioner Waters as Atlantic Beach's
voting delegate to the 76t" Annual Conference of the Florida
League of Cities.
Mayor Meserve thanked Commissioner Waters for representing the city at
the conference.
There was no discussion and the motion carried unanimously.
B. Action on a request by Bestcon, Inc. to vacate portions of
West 14t" Street and Laurel Way (Tulip Street) within the
Hidden Paradise Subdivision and Atlantic Beach .Section
"H" Subdivision (City Manager)
As announced at the beginning of the meeting, this item was deferred
until the July 8, 2002 Commission Meeting at the request of the
developers.
9. City Manager
City Manager Hanson reported on the following items:
• Reminded the Commissioners of the 5:00 p.m. workshop on
July 1St to discuss use of the Better Jacksonville Half Cent
Sales Tax, and suggested that a shade meeting to discuss
union negations be scheduled after the workshop. There were
no objections to scheduling the shade meeting.
• Reported that the next Bikeways Meeting would be held at the
Sea Turtle Inri on Thursday, June 27th at 7:00 p.m.
• Reminded the Commissioners of the Dewees/Coquina/Shell
Street property owners meeting in the Commission Chambers
on Saturday, June 29th at 10:00 a.m.
10. Reports and/or requests from City Commissioners and
City Attorney
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June 24, 2002
City Attorney Jensen
• City Attorney Jensen advised that after the workshop, the
Commissioners would have to convene a special called
meeting and adjourn into the shade meeting.
City Clerk King
• Reminded. the Commissioners that their Financial Disclosure
Forms were due July lsr
Commissioner Waters
• Stated that because the city has no policy concerning beach
parking, it may actually lose parking if the proposal of the
Dewees/Coquina area residents received Commission
approval.
• Suggested that a policy for beach parking be discussed when
the sign ordinance is considered
• Suggested that the Commission reconsider twice a week yard
trash pick up.
Commissioner Parsons
• Reported that the Core City project turtle logo was on disc.
• Stated that he had inspected areas of the city after the heavy
rain and had met with same citizens on 9~` Street who still did
not know anything about the core city proj ect and hooking up
to the city's drainage system from their back yards.
Community Development Director Doerr
• Indicated that the meeting concerning the Sign Ordinance
should be a Joint Workshop with the Community
Development Board.
Mayor Meserve
• Commended Public Works Staff for their handling of the
flooding situation on Sherry Drive.
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June 24, 2002
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:00 p.m.
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Attest:
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Maureen King
Certified Municipal
idin~ Officer
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ATTACHMENT A
JUNE 24, 2002 COMMISSION MEETING
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June 17, 2002
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM:.. Jim Hans
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SUBJECT:.. Follow-up eport
Maintenance of Flyover Landscaped Areas: City Staff has had several conversations with
FDOT representatives, our contractor for the Atlantic Boulevard medians, and Neptune Beach
officials. about the landscaped areas that are being turned over for local maintenance early in
July. My last conversation with the FDOT indicated that therewould be a need to snake several
changes to Atlantic Beach's current contract to incorporate the new Flyover landscaped areas...
Among other changes, the FDOT now has requested that Atlantic Beach also maintain the newly
constructed retention pond in the Tideviews Park. The revised FDOT contract is not available
yet for Commission approval A draft agreement between the Cities of Atlantic and Neptune
Beach has been prepared, although it may be advisable to wait on the approval of this contract
until after the FDOT amendments have been submitted to .see that the language in each is
compatible. Also, discussions are continuing with our landscape contractor about the level of
maintenance for ,each of the Flyover areas.. It does not appear that these agreements will be ready
..for Commission review and approval until the first meeting in July.
The maintenance agreement with the JTA's contractor will end in the first week of July. Unless
directed otherwise by the City Commission, we will begin .maintenance of the areas on a
temporary basis until alI the agreements can be approved by each respective governmental body.
AGENDA ITEM:
DATE:
SUBMITTED BY:
BACKGROUND:
City Right-of--Ways
June 17, 2002
David E. Thompson, Chief of Police/DPS
Purpose: The purpose of this report is to discuss City right-of--ways, the availability of public
parking, and the problem of citizens placing obstacles on the right-of--ways. A variety of options
(public policies) will be discussed relative to correcting problems and offering guidance for the
future.
There appear to be two (2) central issues to this concern. The first is to determine the appropriate
mechanism for .the recovery of parking that has been eliminated by citizens, and the second issue
is to establish policies and procedures to address future attempts to eliminate parking.
I. Right-of--ways
For the purposes of this report, the City right-of--ways are the properties within the city that
.. are typically located between private property lines. They are most often the sections of
property on which streets and roads are located, and they include the property for public use
between the paved roadways and the private property lines..
Right-of--ways vary in size and width according to how the property is platted. It is necessary
to note that the City does not have a standardized width of the right-of--way. In some
locations the right-of--ways are less than 20 feet, and in other areas they are more than 60 feet
wide. One can determine the locations through a review of the plat maps, or with a
professional survey. However, a simple way to determine the right-of--way locations is to
view the property, and to utilize the location of the utilities as a guide. Utilities, which
include electric lines, telephone lines, cable television boxes, and similar structures, are
typically located on the right-of--ways. The presence of utilities usually indicates that the
property at that location is on the right-of--way.
IL Parking
Public parking is an ongoing issue throughout the State of Florida and the City of Atlantic
Beach. There are areas of the state where all public parking and public beach access has been
eliminated, especially in areas dominated by large, oceanfront hotels and condominiums. The
state has been making an effort to assure public access and public parking in beach
communities. This has been tied to grant applications and renourishment projects in various
locations throughout the state. In Atlantic Beach, a great deal of funding has been provided
through federal and state .grants for beach renourishment and dune overwalks. Two of the
concerns consistently expressed by the funding agencies, is the necessity for public parking.
E'""'""' and public beach access.
AGENDA ITEM #3B
NNE 24, 2002
Aside from the funding issues, the beach is the largest recreation area in Atlantic Beach, and
the City Commission has consistently recognized the need to provide and protect public
access and parking for citizens. In the past, the City has. repeatedly reviewed parking
issues in an attempt to provide beach access for citizens.
III. The Problem
Over the years, some citizens have made unauthorized changes to the city right-of--ways and
eliminated public parking. In many cases, citizens, with the best of intentions, landscaped
and beautified the right-of-ways. At the personal expense of the citizens, they added flowers,
shrubbery, irrigation, rocks, timbers, and other items in an effort to beautify their property
and their neighborhood. In some cases, they. effectively eliminated public parking that had
existed prior to the landscaping.
It is also apparent that some citizens went to little expense and placed items on the right-of-
way with the intent of eliminating public parking. There are a number of locations where
unsightly obstacles have. been placed on the right-of--ways to prevent the public from parking
at that location.
The result of these unauthorized modifications to the right-of--ways has been to significantly
reduce public. parking, which has an adverse impact on the citizens. of Atlantic Beach, as well
as others who visit our community.
IV. Options
There are many options :and alternatives relative to addressing these problems, and the
attachments include a variety of possibilities for consideration. As one might expect, every
option has advantages and disadvantages.
This issue has been discussed for many years by various City Commissions, but long term
policies have not been adopted. In the absence of guidance, the problem has been allowed to
proliferate. Specific guidance is necessary if the City Commission wishes to address the
existing situation and. prevent the further elimination of public parking.
BUDGET: None
.RECOMMENDATIONS: Options
ATTACHMENTS: None
REVIEWED BY CITY MANAGER;
AGENDA ITEM NUMBER:
AGENDA ITEM #3B
JUNE 24, 2002
Options Relative to Right-of-Ways
12-Jun-02
Recovery of Public Parking Spaces
.Option #7 Identify all obstructions and remove all unauthorized items
Advantages
Greatly increase the available public parking
Simplicity and Objectivity in enforcement, no complaints of favoritism
Disadvantages
May be viewed as extreme
Backlash from citizens would be expected
Would eliminate some beautiful landscaping
Option #2 Establish a committee, including citizens, to review the locations and make recommendations
Advantages
.Will allow decision makers to use judgment, flexibility, and common sense
Inclusion of citizens might result in better understanding and acceptance of decisions
Has been successfully done in the past
Disadvantages
Citizen committees may take along time to organize and make decisions
f` Composition of the committee would be critical to success/accomplishing functions
Disagreementslappeals over committee recommendations can create difficult, time-
consuming problems for staff and elected officials
Option #3 Assign City staff to review the locations and make the decisions/recommerdations #or resolution
Advantages
Effectiveness and timeliness can be enhanced as compared to committees
Staff may have knowledge and experience to resolve problems faster than committees
Staff is likely to stay on task
.Guidance from elected officials
Provides flexibility, common sense, ahd judgment
Disadvantages
Lack of input from the public
Requires staff time to perform the work and resolve problems
Option #4 Acceptor "grandfather in" existing conditions, and set policies "...from this day forward..."
Advantages
Avoids immediate conflict with citizens
No staff time required
Disadvantages
Numerous parking spaces have already been lost, and none will be recovered
Lacks demonstative commitment to actually dealing with the problem
f^~
.AGENDA ITEM #3B
y JUNE 24, 2002
~'~' Policies for the Future
Option #1 No one will be allowed to place anything on the right-of-ways that would reduce public parking
Advantages
Application of policy is simple and objective
Will protect public parking in the future
Disadvantages
"Zero tolerance" precludes the exercise of judgment and common sense
Option #2 Establish an application and approval process for anyone desiring to make alterations
to the right-of-way
(Establish board to review this process)
Advantages
Provides flexibility, common sense, and judgment
May provide citizen participation in the process
Disadvantages
Public parking will continue to be eliminated
Requires establishing a board, membership, administration
Option #3 Handle problems on a complaint basis... if no one complains,. then there is no problem
Advantages
Doesn't create problems where they don't exist
Requires the least amount of effort and staff time
Provides great freedom to citizens
Disadvantages
Public parking will be reduced and eliminated
People who are the most effected are the least likely to make complaints
(visitors)
Will create the perception of subjectivity in enforcement
Demonstrates a lack of commitment to resolve the problem
Option #4 Require all additions toright-of--ways to be reviewed and approved by staff
with the expectation that public parking will be protected
Advantages
Likely to achieve timely decisions
Likely to stay on task, protecting public parking
Provides some flexibility, common sense, and judgment
Guidance from City Manager and elected officials
Disadvantages
Requires staff time
Lack of direct citizen participation
;,°,,>.-
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~~~~ ATTACHMENT C
JUNE 24, 2002 COMMISSION MEETING
•,,,.
Minutes of~Aud~ ~ ~ ~,2002Meebngs
J
he Audit Committee met at 3:00 p.rn. on June 17"' and at 1:00 p.r-~. on .tune 1 ~~'
T roe true audit companies and then consider which to
to interview three p ~
recommend to the Commission.
Present included Committee members Paul Parsons, Nelson VanLiere and Jim
Hanson, and guests Dezmond Waters, Jeri Benjamin and, on June ~ 13"', Dorothy
Koerber.
The three companies interv~e~ Smith 8~- W ~b~P Aoore & Gompany- David
Monk & Company and Mas ,
The Committee felt that each of the three companies intenriewbdom~de C~of
presentatbns and had the skill and experience to do a good jo
Atlantic Beach.
The Committee decided to recommend James Movre ~ Company to be the
City's auditor for the next four years. The company has considerable experience
in auditing similar cities in Florida, the company representatives had considerable
individual experience that was evident in the interview, they had "done their
homework" in rev~wing the la&t Atlantic Beach audit and met with staff before
preparing a proposal, and the cost for the four years, although not the lowest of
the four pnaposals received, was ane of the lowest. The cost for the first year will
be $29,550 and a total of $130,185 for the initial contract term of four years. The
City would have the ability t0 extend the contract for an additional two years if
their services are desired.
Nelson VanLiere was instructed to further check into the references for James
Moore 8~ Company prior W the Commission Meeting scheduled for June 24M
when the Audit Committee recommendation wilt be presented and distribute his
findings to Committee rtnembers.