Draft Min 6-14-04
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MINUTES
REGULAR CITY COMMISSION MEETING
JUNE 14, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 pm. The Invocation
given by Mayor Meserve was followed by The Pledge of Allegiance to the
Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of May 24,
2004
Motion: Approve Minutes of the Regular Meeting of
May 24, 2004 as presented.
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
There were no comments from the floor at this time.
3. Unfinished Business from Previous Meeting
A. Report Relative to Intersection of First Street and East Coast
Drive
Chief Thompson reported that at the last meeting residents had expressed
,~„ concern that the wall constructed at the northwest corner of the intersection
of ls` Street and East Coast Drive obstructed their view so they could not
safely enter the intersection. Chief Thompson displayed photographs
,,~,~ showing the visibility from all directions at the intersection and stated the
Police Department evaluation of the intersection revealed that the visibility
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from a smaller car was so limited at night that it posed a safety hazard.
~"" Chief Thompson stated that to reduce the hazard, two additional stop signs
were installed on East Coast Drive, making the intersection a four way stop.
~" Chief Thompson indicated that the new wall, which was properly permitted
and constructed on the northwest corner, mirrored the visibility problems
caused by an existing wall on the southeast corner. It was pointed out that
~"' parking adjacent to the new wall further limited visibility. A copy of Chief
Thompson's report is attached and made part of this official record as
Attachment A.
Commissioner Parsons stated that he favored removing the stop signs on
East Coast Drive and lowering or removing the new wall. He indicated that
"~ the pre-existing wall had been there more than ten years and presented no
problem.
Commissioner Simmons believed that even if the new wall was modified or
removed, parking at the corner would cause a visibility problem. She
~ suggested that all intersections be evaluated to keep ahead of similar
situations in the future.
~„ Commissioner Beaver believed that decisions regarding the placement of
stop signs should be made by the Commission. Chief Thompson stated that
signs placed on East Coast Drive were placed there temporarily due to the
„~, visibility hazard at the intersection and the Commission should decide
whether the stop signs should remain permanently. Commissioner Beaver
believed that if the stop signs were permanently installed at the intersection,
~,. requests would be made for additional stop signs all over the city.
City Attorney Jensen advised that the intersection was deemed dangerous
~• by the Police Department, partly due to the wall that was permitted by the
city. He believed the city should take precautions to protect pedestrians,
bicyclists, and skateboarders using the sidewalk as well as vehicles. He
+~ believed there would potentially be some liability on the city's part if the
city ignored the situation.
Harvey Warnock, owner of the property where the new wall was
constructed, stated he did not want to remove or modify the wall. He
explained that that the wall was properly permitted and constructed with
!"'"' quality materials and steel reinforcement in accordance with the city code.
Mr. Warnock favored keeping the intersection a four way stop.
'"' Discussion of options for improved safety at the intersection ensued and
Mayor Meserve requested staff to bring options to increase safety at the
intersection along with their related costs and legal ramifications back to the
~.
e.
June 14, 2004 REGULAR COMMISSION MEETING Paee 3
City Commission for further consideration at the next meeting. The City
Commission concurred.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of monthly reports from Building, Public
Works and Utilities, and Public Safety Departments (April), and
reports of new Occupational Licenses and Utility Sales (City
Manager)
B. Extend contact with Nature's Way Natural Pest Control for one
year for mosquito control at the prices as bid in Bid No. 0203-19
(City Manager)
C. Authorize the Mayor to sign the Application for Revenue
Sharing for 2004-2005 (City Manager)
D. Acknowledge receipt of 2003 Water Quality Reports (City
Manager)
E. Award a contract to Cintas Corporation for uniform rental and
cleaning for one year beginning August 1, 2004, pursuant to the
specifications of Bid No. 0304-17
Motion: Approve Consent Agenda Items A through E as presented.
Moved by Waters, seconded by Parsons
Votes:
,~. Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Tree Conservation Board Report
Maureen Shaughnessy, Chair of the Tree Conservation Board, updated the
Commissioners on the activities of the Board since January 1, 2004. Ms.
Shaughnessy reported that the Board had revised the tree removal
application form to make it more "user friendly," and they were working on
a draft ordinance to protect the tree canopy of the city. She indicated that
123 tree inspections had been made and $8,725 in mitigation fees assessed.
Ms. Shaughnessy indicated that four applicants had failed to pay their
mitigation fees and the cases maybe turned over to Code Enforcement for
collection.
Commissioner Simmons inquired if the current ordinance would be updated
to increase mitigation requirements. Ms. Shaughnessy indicated that they
were working in that area, and the current fee was $117 per inch.
June 14, 2004 REGULAR COMMISSION MEETING Page 4
Commissioner Waters inquired if funding was available if a group of
citizens wished to plant an allee of trees along a particular block. City
Manager Hanson responded that the city would consider the request, but
pointed out that funding could not collectively exceed $2,000 annually for
private property projects. He indicated there would be no cost if the trees
were planted on city right-of--way under the Adopt a Tree Program.
Commissioner Waters stated he would like to see protection of specimen
trees.
Resolutions 6. Action on Resolutions:
None.
Ordinances 7. Action on Ordinances
A. Ordinance No. 20-04-64 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET OF
THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL
~ YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER
30, 2004
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 20-04-64 on final reading.
Mayor Meserve opened the floor for a public hearing. No one spoke and
the Mayor closed the public hearing.
There was no discussion.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 25-04-36 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 8, FLOOD HAZARD AREAS,
~"' TO COMPLY WITH REQUIREMENTS OF THE NATIONAL
FLOOD INSURANCE PROGRAM AND THE COMMUNITY
RATING SYSTEM; PROVIDING AN EFFECTIVE DATE
'""' THEREOF .
Mayor 1Vleserve read the ordinance by title only.
""' June 14, 2004 REGULAR COMMISSION MEETING Paee 5
Motion: Approve Ordinance No. 25-04-36 on final reading.
Mayor Meserve opened the floor for a public hearing. No one spoke and
the Mayor closed the public hearing.
There was no discussion.
~'"' Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~"" Nay: 0
MOTION CARRIED
~ C. Ordinance No. 95-04-87 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 13, OFFENSES BY CREATING
A NEW SECTION 13-13 "REGULATION OF FIREWORKS";
SETTING FORTH REGULATIONS FOR THE POSSESSION OF
~ FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR
CONFLICTING ORDINANACES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 95-04-87 on final reading.
Mayor Meserve opened the floor for a public hearing.
Dan Foglton of 333 4`h Street spoke in opposition to the ordinance. Mr.
Foglton believed that a few complaining citizens should not be allowed to
take the privilege of possessing and using personal fireworks away from the
majority. He believed parents should educate their children in the safe
handling of fireworks and families should be allowed to celebrate the 4`h of
July. He felt that the citizens of Atlantic Beach should have been allowed
to vote on the ordinance.
Mayor Meserve explained that most fireworks were already illegal under
state law, and that Jacksonville Beach and Neptune Beach passed or were in
the process of passing similar laws to regulate fireworks. He indicated that
shooting off exploding fireworks and rockets from the beach had grown
over the years and presented safety and visibility issues for those trying to
watch the Jacksonville Beach fireworks display. It was also pointed out that
the plastic residue left from the exploded fireworks littered the beach and
required extra cleanup. The Mayor stated that the ordinance would not
completely ban fireworks, but would provide the Public Safety Department
a mechanism to regulate their use.
0
~ June 14, 2004 REGULAR COMMISSION MEETING Page 6
""" Commissioner Parsons agreed with the Mayor. Commissioner Beaver
believed passage of the ordinance was more of a safety issue and he hoped
the citizens of Atlantic Beach would be able to go to the beach and enjoy
''~" future Jacksonville Beach and Mayport fireworks displays.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Ordinance No. 95-04-88 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12,
NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING
AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 95-04-88 on first reading.
Commissioner Simmons requested that the code contain language that
would prevent the cleaning of fish on the beach. She believed that it was
addressed under Chapter 5, Beaches and Parks, Sec. 5-4 Littering, but the
language should be more specific.
Mayor Meserve expressed concern for cutting buffers within twenty feet of
any occupied residential property and indicated that in some cases adjoining
residential property owners desired the undeveloped property left in its
natural vegetative state. Code Enforcement Officer Sherrer responded that
the addition of item twelve provided a means to enforce lot mowing if a
complaint was received.
Moved by Parsons, seconded by Waters
Votes:
!~"' Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
E. .Ordinance No. 90-04-185 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
'"" OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO.
90-01-172, CHAPTER 24, ZONING SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, INCLUDING ALL
"" AMENDMENTS THERETO, TO ADD NEW SECTION 24-172,
June 14, 2004 REGULAR COMMISSION MEETING Pale 7
BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 90-04-185 on first reading.
There was no discussion.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
_ Miscellaneous Business 8. Miscellaneous Business
Authorize Builders A. Authorize Builders Care to perform CDBG funded housing
~„ Care to Perform CDBG rehabilitation services pursuant to the City's 2003-2004 CDBG
Funded Work Contract (City Manager)
,,,, Motion: Authorize Builders Care to perform CDBG funded housing
rehabilitation services pursuant to the City's 2003-2004 CDBG
Contract.
There was no discussion.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Appointments to Two B. .Appointments to fill vacancies on two Pension Boards (City
Pension Boards Manager)
~""' Mayor Meserve stated that he would like to postpone the appointment(s)
until the next Commission Meeting in order to obtain additional information
concerning the applicants. There were no objections to the request.
Revised Cross- C. Adopt the revised City of Atlantic Beach Cross-Connection
Connection Control Control Policy Manual (City Manager)
Policy Manual
Motion: _Adopt the revised City of Atlantic Beach Cross-Connection
Control Policy as presented.
June 14, 2004 REGULAR COMMISSION MEETING Page 8
Commissioner Waters stated that he had problems with the revised Cross-
'"' Connection Control Policy and believed it was just another unfunded state
mandate to the citizens of Atlantic Beach. He felt that it was the city's
responsibility to protect its water supply and the city should pay for the cost
of backflow prevention, including installation and testing.
Utility Director Kaluzniak explained that property owners with existing
private wells and existing irrigation systems would be required to install
backflow preventers with the new requirements under the Department of
Environmental Protection's rule 62-555. She indicated there would be no
"grandfathering" of existing potential cross connections, and property
owners would be notified to install proper backflow prevention, including
those with no current connection to the municipal water system.
Discussion of costs ensued. Ms. Kaluzniak indicated that it would cost
$250 - $300 to install the device on a'/a" residential service and $40 per
year for testing.
~„ Commissioner Simmons inquired if the city had ever experienced water
contamination due to a cross connection. Ms. Kaluzniak responded that to
her knowledge it had never happened. Discussion of the placement and size
„~. of the residential backflow preventer ensued.
Commissioner Beaver believed the city had no recourse but to adopt the
new policy, whether or not they agreed with the new DEP requirements.
City Attorney Jensen advised that the city ordinance passed in 2000
** required adoption of the latest rules and regulations of the DEP and if the
city did not adopt the revised Cross-Connection Control Program Policy, it
would be in violation of its own ordinance.
Moved by Beaver, seconded by Parsons
Votes:
'"'" Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 1 -Waters
MOTION CARRIED
9. City Manager
City Manager's Report A. City Manager's Report
City Manager Hanson summarized his written report, which is attached and
made part of this official record as Attachment B.
June 14 2004 REGULAR COMMISSION MEETING Page 9
Reports/Requests 10. Reports and/or requests from City Commissioners and City
'~ City Commissioners Attorney
City Attorney
Commissioner Beaver
• Reported that he would be out of town and unable to attend the next
meeting.
• Commented on the stop signs placed on East Coast Drive at 15` Street
~ and indicated that he understood the signs were installed to protect the
public, but noted that there were many intersections throughout the city
with similar visibility problems.
Commissioner Simmons
• Believed the city should move ahead with increasing sight line
requirements at other intersections before additional problems arise.
Commissioner Parsons
• Commented concerning enforcement of the fireworks ordinance and
~. confirmed that it was the city's intention to gain voluntary cooperation.
Chief Thompson indicated it was the department's intent to make the
first year an educational process, but the department would confiscate
±+• fireworks if necessary.
• Stated he was in South Florida recently and two cities in that region had
passed similar ordinances regulating the use of fireworks.
Commissioner Waters
• Believed the penalty for the use of fireworks was too low to be a
deterrent.
• Commented that site triangle regulations should have been enforced in
the past.
• Believed it should be a crime to cross connect a shallow well or
irrigation system with the city's potable water supply.
Mayor Meserve
• Reported that he had been made aware of a not for profit company that
had a prescription drug program for the needy called Prescription Relief.
The company presently operates in the north and would like to expand
its operations to the southern states. The Mayor briefly explained what
June 14 2004 REGULAR COMMISSION MEETING Paee 10
he knew about the program, and said he would like to obtain additional
"~ information to see if the city should support the program for its needy
residents. He indicated he would report back to the Commission within
the next two months. No one objected to the request.
Adjournment There being no further discussion, 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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