MinutesAGENDA ITEM #1
JANUARY 10, 2005
MINUTES
REGULAR CITY COMMISSION MEETING
DECEMBER 13, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey
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 p.m. 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
November 22, 2004
Motion: Approve the Minutes of the Regular Meeting of
November 22, 2004 as presented.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Ann Murphy and Bill Watson with Comcast to present a check
to the City of Atlantic Beach for $5,000
Bill Watson, Vice President of Operations for Comcast, presented a check
in the amount of $5,000 to be used to promote city events. Mayor Meserve
thanked Mr. Watson and Ms. Murphy and suggested that the money be used
to help fund the new skate park.
J.P. Marchioli of 414 Sherry Drive commented on the following: (1)
Suggested a right turn lane be installed at Seminole Road and Plaza, (2)
Indicated that the huge mulch pile that was on the city right-of--way at Stn
Street and Sherry Drive had finally been removed, (3) Suggested the
Commissioners reconsider the installation of underground power lines, and
December 13, 2004 REGiJI,AR COMMISSION MEETING Page 2
(4} Stated he had observed several cars parking opposed to traffic on East
Coast Drive.
Lulee Rady of 150 Club Drive spoke in opposition to Item 8C. Ms. Rady
indicated that she had spoken to several of her neighbors who were also
opposed to dividing the lot.
John Goodling of 149 10`x' Street updated the Commission on the 10°i
Street beach access beautification project. He thanked Parks and Recreation
Director Johnson and the City Gardner, Alex Hawkins, for their assistance.
Mr. Goodling indicated that $9,000 had been raised by the sale of bricks to
pay for the improvements, and the project should be completed in two
weeks.
Stephen Kuti of 1132 Linkside Drive stated he agreed with the comments
made in the City Manager's letter to Bestcon (Item 8F).
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report
City Manager Hanson commented on each item of his written report, which
is attached and made part of this official record as Attachment A. In
addition to the written report he also reported on the following:
Utility System Revenue Refunding Bonds
City Manager Hanson distributed a Summary of the Refunding Results to
the Commissioners. He indicated that the bond sale occurred last week at
an interest rate pf 4.17% with a savings to the city of $1,020,806.55. A
copy of the summary is attached and made part of this official record as
Attachment B. He thanked Utility Director Kaluzniak and Finance
Director Van Liere for their work with the refinancing. Copies of the
summary report were made available to the public.
Crime Report -Mayport Road
Chief Thompson indicated that by talking to the citizens who live in the
area, it was learned that drugs and prostitution were the crimes of most
concern. It was explained that the Police Department had, in the past, been
unable to address these concerns due to a lack of resources, lack of focus on
the problems and lack of business owners and resident commitment to help
solve the problems. He indicated that much of Mayport Road was in the
City of Jacksonville and the sheriff's office did not consider it a high crime
area.
December 13.2004 REGiJLAR COMMISSION MEETING Paae 3
Chief Thompson introduced Sgt. Dale Hatfield, head of the city's Crime
Suppression Unit. Sgt. Hatfield introduced Paul Diakos, a member of the
unit, and stated that the unit would consist of three individuals who will
focus their full attention on crime on Mayport Road and the surrounding
areas. Sgt. Hatfield indicated the unit would receive assistance from other
agencies when needed and provided information concerning their proposed
crime prevention programs. A brochure concerning Drug Abuse
Prevention, which is part of the program, was distributed to the
Commissioners.
Joe Quest, who had requested that the city provide additional funding for
crime prevention and the cleanup of Mayport Road at the November 22na
Commission Meeting, stated that he had gone door-to-door in the area and
asked businesses to fix up and clean up their properties. He indicated that
some were responsive to his request and the area was already beginning to
look better. He indicated that a group of businesses would also be edging
along Mayport Road.
Commissioner Parsons commended City Staff for their work with the bond
refinancing to save the city over a $1M.
4. Consent Agenda
A. Acknowledge receipt of Public Works and Utility Department
Monthly Report, Utility Sales Report for November, and Report
of New Occupational Licenses issued in November (City
Manager)
B. Authorize Mayor to sign agreements with Florida Department
of Community Affairs for FEMA hurricane reimbursement
(City Manager}
Motion: Approve Consent Agenda Items A and B as presented.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Report and recommendation to appoint a member to fill a
Vacancy on the Cultural Arts and Recreation Committee
(Commissioner Simmons)
Commissioner Simmons reported that the new committee formed to screen
applicants for the city's boards and committees had met to interview three
December I3, 2004 REGiJLAR COMMISSION MEETING Page 4
applicants for the Cultural Arts and Recreation Committee. She indicated
that the committee was recommending Laurie Melancon to fill the current
vacancy, but the other applicants were also well qualified and should be
considered for future vacancies. Commissioner Simmons requested that
the committee be named for ease of reference and indicated that she, the
City Manager, City Clerk, and the Parks and Recreation Director screened
the applicants. It was suggested that a board or committee member also
serve on the screening committee.
Motion: Appoint Laurie Melancon to fill the vacancy on the Cultural
Arts and Recreation Committee. (To fill the unexpired term of James
Strutchen)
Moved by Meserve, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 60-04-15, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING ORDINANCE NUMBER 60-04-15, WHICH
SHALL AMEND CHAPTER 17 OF THE CODE OF ORDINANCES,
SIGNS AND ADVERTISING STRUCTURES, AS PREVIOUSLY
ADOPTED AND AMENDED THROUGH ORDINANCE NUMBER
60-03-13; TO ADD NEW SECTION 17-29 (a) (3) v.; PROVIDING
FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 60-04-15 on first reading.
There was no discussion. It was announced that the public hearing and final
reading of the ordinance would be held January 10, 2005.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
December 13.2004 REGULAR COMMISSION MEETING Paee 5
Miscellaneous Business 8. Miscellaneous Business
A. Request from Beaches Habitat for approval of Final Subdivision
Plat for Scheidel Court (City Manager)
Motion: Approve final subdivision plat for Scheidel Court.
Mayor Meserve provided background information on the Scheidel's
support for Habitat for Humanity, including their scholarship program at
the University of North Florida for students who live in Habitat homes.
Commissioner Waters inquired concerning the maintenance of the common
areas and stormwater facilities. Community Development Director Doerr
stated the street in the plat was designated as a public street. She also
indicated that the stormwater facilities, which are private, must be
maintained as required in the permits.
Commissioner Simmons, who sits on the Habitat Selection Committee,
stated it was her understanding that Habitat would maintain the water
retention facilities. Ms. Doerr assured Commissioner Waters that the city
would not be responsible for the maintenance. She indicated that the
Homeowners' Association documents set forth that the developer or his
assignee were responsible for maintenance.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Discussion and recommendation on amending Section 23-36 of
the City Code to require residents to maintain the area between
the right of way line and edge of pavement (City Manager)
City Manager Hanson provided background information and indicated that
city crews were spending in excess of thirty man-hours per week during the
growing season to mow and trim the areas between the street edge and the
resident maintained area.
Public Works Director Carper displayed photographs of problem areas
located throughout the city. A photograph of Sandpiper Lane was displayed
and Mr. Carper indicated that it would be difficult or impossible for the
residents to maintain that area due to the fence and he would have to amend
the proposed recommendation to reflect a more rational requirement.
December 13, 2004 REGULAR COMMISSION MEETING Page 6
Discussion of the Sandpiper Lane area ensued. It was pointed out that more
trees had been requested for the area and a sidewalk would also be
constructed.
Commissioner Waters believed the city could not compel someone to
maintain something (the area between the street and sidewalk) that he did
not own, but understood the reasoning behind the proposed ordinance.
Mayor Meserve stated that he learned this was a fairly common way of
handling the problem without having to create aright-of--way maintenance
division within the Public Works Department. Mr. Carper pointed out that
other cities require their residents to maintain right-of--way, but there were
none in Duval County.
Commissioner Parsons inquired concerning the mulch pile mentioned by Mr.
Marchioli. City Manager Hanson explained the circumstances surrounding
the mulch pile and indicated that city crews removed the mulch and the
company responsible for putting it there would be billed for the removal.
Discussion ensued and it was the consensus of the Commission not to amend
the code at this time. Various solutions to the problem were discussed.
Commissioner Beaver suggested that a list of the troublesome properties be
compiled and letters sent to the problem properties explaining that the city
would no longer be mowing the right-of--way. Commissioner Waters
suggested that the city just stop cutting the right-of--way to see what happens.
It was also suggested that a door hanger be used to inform the residents of
the city's intention.
C. Discussion and action on request from Bob, Kathy, Al and Mary
Frosio for a waiver from Section 24-255 (a) of the Subdivision
Regulations seeking approval to create two new lots within
property located at 151 Club Drive (east of Ocean Boulevard)
that are less than 75 feet in width and less than 7,500 square feet
in Lot Area (City Manager)
Motion: Approve request from Bob, Kathy, Al and Marv Frosio for a
waiver from Section 24-255 (a) of the Subdivision Regulations to
approve creation of two new lots within property located at 151 Club
Drive.
Mary Frosio, spokesperson for her family, distributed printed copies of the
request, which included photographs of the subject and surrounding
properties. A copy of the request is attached and made part of this official
record as Attachment B.
December 73, 200A REGULAR COMMISSION MEETING Pate 7
Ms. Frosio explained that in 1982, her parents purchased a 150-ft wide by
100-ft deep parcel on Club Drive. At that time, a 50- ft by 100-ft on the
west end of the parcel was sold, leaving the 100-ft by 100-ft parcel on which
her parents' home was built. She indicated that the family wished to divide
the remaining parcel into two 50 x 100-ft lots, and were requesting a waiver
from the subdivision regulations requiring 75 x 100-ft lots. Due to the
earlier division, the Frosio family believed they the earlier division of the
property granted them vested rights to divide the property again. Ms. Frosio
indicated the money from the sale of the lots would be used to pay for her
mother's care in an assisted living facility. To support the request,
photographs of other 50 x 100-ft lots in the area were displayed.
Mayor Meserve indicated that he could not vote in favor of the request since
it would set a precedent and was inconsistent with the Comprehensive Plan
requirements for the residential, low density comprehensive plan land use
designation. He then asked the City Attorney if the Frosio family had
vested rights in the property. City Attorney Jensen advised that there were
no vested rights in the request.
Discussion ensued. Commissioner Waters believed two new homes on the
property would enhance the neighborhood. He believed there was a fairness
issue involved with the request, because in 1982 the city approved the
separation of a 50-ft lot from the original parcel and the fact that the city
allowed smaller lots under a Planned Unit Development (PUD).
Commissioner Beaver indicated four neighbors who were opposed to the
request had contacted him. He believed to protect the continuing integrity of
the city as a whole, the lots needed to be 75-feet wide. He indicated it was a
difficult decision, but he could not vote in favor of the request.
Mayor Meserve pointed out that if approved, the city would be taking illegal
action against its own ordinance. He pointed out that Section 24-191 would
have to be amended to honor the request. Discussion of "hardship" ensued
and City Attorney Jensen advised that the location of a lot did not constitute
a hardship.
The Mayor called for a roll call vote.
Moved by Waters, seconded by Parsons
Votes:
Aye: 0
Nay: 5-Beaver, Parsons, Simmons, Waters, Meserve
MOTION FAILED 0 TO 5 ON ROLL CALL VOTE
December 13, 2004 REGULAR COMMISSION MEETING Page 8
D. Award Bid No. 0405-1 (Rebid), Oceanside Rotary Skate Park
Project, to Grindline Skateparks, Inc. in the amount of $175,000
(City Manager)
Motion: Award Bid No. 0405-1 (Rebid) for Oceanside Rotary Skate
Park Project to Grindline Skateparks, Inc. in the amount of $175,000.
It was reported that Grindline Skateparks, Inc. had built several skate parks
nationwide. Parks and Recreation Director Johnson displayed photographs
of different parks constructed by the company. He indicated that
construction would begin early-January with completion in mid-March. City
Manager Hanson indicated that a budget adjustment would be needed to
complete the fencing, landscaping and concrete sidewalk work.
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
E. Award Bid No. 0405-3, Renovation of Dune Walkovers, to
Schippers Marine Construction in the amount of $52,642 (City
Manager}
Motion: Award Bid No. 0405-3 for renovation of Dune Walkovers to
Schippers Marine Construction in the amount of $52,642.
City Manager Hanson explained that the walkovers sustained considerable
damage from the hurricanes, and the damage repairs were included in the bid
specifications and made the bids come in over-budget by $20,792. It was
also reported that Parks and Recreation Director Johnson had requested to
increase the budget for the amount of the hurricane damage, which will be
reimbursed at least 75% by FEMA. To cut costs it was reported that the
Ahern Street walkover would be repaired in-house.
Discussion of the length of the crossovers was discussed. Mr. Johnson
indicated that the crossovers would be extended due to the loss of sand
during the September hurricanes.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
December 13, 2004 REGULAR COMMISSION MEETING Page 9
F. Request from Bestcon Homes to Allow Construction of Houses in
Paradise Preserve prior to Completion and Acceptance of Streets
and Utilities (City Manager)
Motion: Approve request from Bestcon Homes to allow construction
of houses in Paradise Preserve prior to completion and acceptance of
streets and utilities.
City Manager Hanson referenced his letter of November 12, 2004 to Paul
Nichols citing the reasons to deny the request. The Staff Report explaining
the request and the City Manager's letter to Mr. Nichols are attached and
made part of this official record as Attachment C.
Mayor Meserve referenced the City Manager's concern that the
infrastructure would not be completed at the time a homeowner would like
to move into his new home and inquired if Mr. Nichols would be willing to
bond the project. He also requested that Mr. Nichols address his concern
that the city would be labeled the "bad guy" if the request was granted and
the Certificate of Occupancy could not be granted because the streets or
utilities were incomplete and could not be accepted by the city.
Mr. Nichols stated that his engineer had advised that the streets and utilities
would be completed within three months. Mr. Nichols indicated that it took
approximately six months to complete a house and he felt comfortable that
the infrastructure would be completed before the house. Mr. Nichols
emphasized that the title to the home could not be transferred to the buyer
until it was completed and the Certificate of Occupancy issued by the city.
He indicated that he did not want the city blamed because there was a lack of
communication between his office and the buyer.
Mayor Meserve stated that he would support the motion because the city has
allowed this request in the past, the city knows the work of Bestcon and they
will not fault the city.
Discussion of the problems with the streets and drainage experienced in the
Hidden Paradise development ensued, Mr. Nichols explained the
engineering problems encountered when working to save trees and with the
change of Public Works Directors.
Commissioner Waters called the question.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 4 -Beaver, Parsons, Waters, Meserve
Nay: 1-Simmons
December 13, 2004 REGULAR COMMISSION MEETING Page 10
MOTION CARRIED
G. Notification of terms expiring on December 31, 2004 for two
Community Development Board Members, Lynn Drysdale and
David MacInnes (City Clerk)
Commissioner Simmons reported that a method of oversight for
reappointments would have to be determined. She suggested that the
committee meet with the Chair of the board or committee to discuss the
reappointment.
Commissioner Waters inquired if the committee actually voted on the
appointments. Commissioner Simmons indicated the recommendation was
made by consensus. It was suggested that the Chair of the Board or
Committee be included in the interviewing process to obtain an outside
perspective. Commissioner Simmons indicated this could be done when
interviewing for second terms.
City Manager 9. City Manager
A. City Manager's Report
City Manager Hanson reported on each item of his written report. The
report is attached and made part of this official record as Attachment D.
ISO Rating
Commissioner Waters stated the Commission used to receive a report on
fire hydrant testing and inquired if there were any problems with the fire
hydrants. City Manager Hanson responded that they were tested
periodically and if there was a problem with a hydrant, it was bagged and
fixed within two weeks. He indicated that many problems were eliminated
with the completion of the Core City Project.
Reports(Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
City Clerk Bussey
• Reported that this was the last meeting for her secretary, Julie Brandt,
since she is retiring.
Commissioner Beaver
• Thanked staff for working to have the illegal BP sign on Mayport Road
removed.
December 13, 2004 REGULAR COMMiSSiON MEETING Page I l
• Commented on how nice Town Center looked decorated for the
holidays.
• Commented on the possible shortage of sand for beach renourishment
and reiterated the importance of having Kevin Bodge onboard to
protect the city's interests.
Commissioner Simmons
• Commented that the Decorated Bike Parade, the Tree Lighting
festivities, and Carols in the Park were wonderful holiday activities for
all ages.
•:• Wished everyone Happy Holidays.
Commissioner Parsons
• Commented on a meeting he attended with the Mayor, the City
Manager, Kevin Bodge and Jacksonville Beach City Manager, George
Forbes relative to beach renourishment and indicated that no definitive
answers came from the meeting relative to the available sand or
funding.
• Commented that the light poles on Atlantic Boulevard and Third Street
had no decorations. City Manager Hanson stated that the poles were too
close to the edge of the right-of--way and would overhang the street. He
indicated that next year the decorations would be hung on the opposite
side of the pole.
Commissioner Waters
• Requested that a Workshop to discuss Community Standards
(ambience) be scheduled.
• Reported that the city's hosting of the League of Cities dinner was such
a success, the League was requesting that another meeting be held at the
beaches. It was felt that Jacksonville Beach should be the host city this
time, and City Manager Hanson indicated he would talk to Jacksonville
Beach City Manager George Forbes.
• Inquired if the palm trees on Atlantic Boulevard were being trimmed
after the dates were allowed to ripen. City Manager Hanson responded
in the affirmative.
• Stated there was a visibility problem at the Five Points intersection for
motorists in the north bound lane of Seminole Road who are stopped
and cannot see motorists stopped on Plaza and for those coming south
on Seminole Road trying to see if someone is stopped on Sherry Drive.
He believed the stop sign bar painted on Plaza should be moved farther
out to improve visibility.
• Commented that he would like to see more decorations throughout the
city.
December 13, 2004 REGULAR COMMISSION MEETING Pace ~ 2
Mayor Meserve
• Commented that Beaches Habitat enjoyed working with the city and
greatly appreciated the cooperation of our City Officials.
• Commented he was happy to see construction resume on the water
tower.
• Thanked everyone for the accomplishments of the past year. The
Mayor agreed that discussion of ambience should continue and stated
that a meeting would be set for early January. He indicated that
whatever was decided would set the standard for future generations.
• Wished everyone a Happy New Year.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:30 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
Municipal Clerk