MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, JANUARY 27, 2003
PRESENT: John Meserve, Mayor
Commissioner Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
ABSENT: Richard Beaver, Mayor Pro Tem
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Commissioner Waters was followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission meeting
of January 13, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of January 13, 2003 as presented.
The motion carried unanimously.
Item 7F was taken out of sequence and acted on at this time. Mayor
Meserve indicated that strong opposition had been expressed to allowing
horses to be ridden on the beach and an amendment to Ordinance No.
95-03-83 would be presented to prohibit the same.
F. Ordinance No. 95-03-83 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 5,
BEACHES AND PARKS, ARTICLE I, IN GENERAL,
ARTICLE II, BEACH SAFETY ZONE, ARTICLE III,
PUBLIC PARKS, PROVIDING FOR SEVERABILITY,
AND PROVIDING AN EFFECTIVE DATE (City
Commission)
Motion: Approve Ordinance No. 95-03-83 with the following
amendment: In Section 5-17, delete ... "and riding of
animals prohibited" from the title and "or any vehicle drawn
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by a draft animal or to ride any animal ... "The city may
require a $25.00 non-refundable application fee, and a
deposit not to exceed two (2) times the estimated cost of clean
up, to assure that the requesting entity complies with all
conditions of the permit." Also, add Section 5-18 Animals, to
read as follows: "It shall be unlawful for any person to have
or allow horses, mules, cows, cattle, chickens, poultry or goats
on the ocean beach."
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing.
Stephen Kuti of 1132 Linkside Drive approved of the amended
ordinance.
Howard Brown (no address given) confirmed that Ordinance No. 95-
03-83, as amended, prohibited horses on the beach.
No one else spoke and the Mayor declared the public hearing
closed.
Following brief discussion the motion carried unanimously.
2. Courtesy of the Floor to Visitors
Lisa Bruno of 377 Plaza presented a petition and spoke in opposition to
reinstalling the speed bumps on the section of Plaza between East Coast
Drive and Seminole Road. The petition is attached and made part of
this official record as Attachment A.
Brian Christy of 1651 Mayport Road spoke concerning Item 7D, the
ordinance establishing commercial corridor development standards along
Mayport Road. He thought the proposed enhancements should be
implemented in such a way as to prevent an undue financial burden to
business owners. He said fences were necessary and existing fencing
should not have to removed within four years to be consistent with the
new requirements.
Mike Fogg of 366 Plaza and Hugh Palmer of 374 Plaza spoke in favor
of reinstalling the speed bumps on Plaza. Mr. Fogg provided
background information concerning the speed bumps and stated that they
were installed more than twelve years ago to reduce the speeding
problems at that time. Mr. Fogg's statement concerning the speed
bumps is attached and made part of this official record as Attachment B.
Bob Totter of 275 11`h Street inquired concerning the "test criteria"
being applied to the decorative crosswalk to be installed at the school
and who would be responsible for the follow-up. He thought the city
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should encourage homeowners to join the Arbor Day Foundation, which
provided trees free to homeowners (Item 4B). He also expressed
concern that oak trees were being planted on rights-of--way where they
would conflict with electrical lines.
J.P. Marchioli of 414 Sherry Drive indicated that the seventy-eight
citizens who signed the petition for stop signs on Sherry Drive would
continue to work for the installation of the signs. He also commented
that Howell Park and Dutton Island Preserve, to his knowledge, were not
handicapped accessible.
Alan Potter of 374 2"d Street stated that the JEA took several months to
repair burned out street lights. He indicated that the light at 1 S` Street and
East Coast Drive had burned out and the light at 364 2"d Street failed to
illuminate the street.
Mr. Potter reiterated his position that CDM, the city's stormwater
consultant, was too expensive. He requested a status report on the
Stormwater Report being prepared by CDM. In his opinion, the culvert
at the Publix/Aquatic Drive area was too small to carry the water flow
and caused the city to flood. He further stated the metal gate on the
culvert was still in place and inquired as to why it had not been removed.
Mr. Potter felt establishing Commercial Corridor Development
Standards (Item 7D) was an infringement on a property owners rights.
He distributed copies of the St" Amendment to the United States
Constitution, which in his opinion, protected property owners' rights.
Jean Nienhuis of 387 Plaza stated that she works from her home during
the day and had not noticed a speeding problem on Plaza. She felt the
size of the speed bumps on Plaza was excessive.
Stephen Kuti of 1132 Linkside Drive felt there would be no need for
speed bumps anywhere in the city if the Police Department enforced the
speed limit laws. Mr. Kuti also opposed the $10.00 fee being charged
for flag football in Item 7C.
City Manager Hanson explained that fees were charged by either private
individuals or organizations for tennis, softball and soccer; and the city
sponsored flag football and had always charged the fee.
Lorraine Gibson of 363 Plaza favored keeping the speed bumps on
Plaza.
John Murr of Murr's Auto located on Mayport Road agreed with Mr.
Christy, and with beautifying Mayport Road but felt the regulations
should be reasonable (Item 7D)
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January 27, 2003
A. Buddy Hall of James Moore & Company with Audit Report
Buddy Hall, Manager of the audit, presented the audit report and said the
report complied with all federal, state and local accounting requirements
and no weaknesses were found in the internal controls.
Mr. Hall commended the city staff for their work in helping to prepare
the audit. He then presented a brief overview of the report and indicated
the city was in good financial condition. He commended the
Commission for their Strategic Plan and suggested that the city maintain
reserves for a three to six months period. He reported that the sewer and
stormwater funds were not self-sustaining and should be closely
monitored.
Mr. Hall also reported that the city met its required debt service coverage
ratio relative to bond resolution requirements. He also indicated that the
Pension Fund, due to the state of the national economy, had lost money
this year, but it was not a major concern at this time.
(A copy of the audit report is on file in the Office of the City Clerk).
3. Unfinished Business from Previous Meetings
A. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson commented on each item of his written report,
which is attached and made part of this official record as Attachment C.
Elimination of the West Plaza "Hump": Lane Closures
A new schedule for lane closures was reported as follows: The weekend
of February lst and 2"d (Friday at 7:00 p.m. through Monday at 7:00
a.m.) and weeknights from Monday, February 3ra through Friday,
February 6th from 7:00 p.m. unti15:00 a.m. the following morning.
Fees for Use of Recreation Facilities
It was reported that some issues concerning who should be charged the
fee had come up and this matter had been turned over to the Recreation
and Cultural Arts Advisory Committee for their recommendation.
Decorative Crosswalks Design
The City Manager provided the design of the proposed decorative
crosswalks and it was the consensus of the City Commission to proceed
with the installation of the crosswalk on Sherry Drive at the school. Bob
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Kosoy pointed out that a small ramp would be required to minimize the
bump and the City COmm1SSlOn concurred. COMMISSIONERS
B. Approval of the proposed sign plan of Wilson & Wilson
Optical located at 615 Atlantic Boulevard
The owners of Wilson and Wilson Optical made a visual presentation
illustrating the placement of an 8' x 8' monument sign at various
locations on their property.
After a complete discussion of the problems related to placing a
monument type sign on the property, the Commission requested that the
Wilsons bring back to the next Commission Meeting specific plans for
different types of signs that would work on the property, and if needed,
to submit an application for a variance to the sign ordinance.
4. Consent Agenda:
Mayor Meserve requested that Item 4B be removed from the Consent
Agenda for discussion.
A. Award contract in the amount of $105,788.78 to
Southeast Land Developers for paving and drainage
improvements on Dewees, Coquina, Shell and Coral
Streets pursuant to the specifications of Bid No. 0203-OS
(City Manager)
C. Extend contract with. Tom's Asphalt Repairs, Inc. for
small asphalt paving repairs for one year at the current
bid prices as submitted under Bid No. 0102-9 -(City
Manager)
D. Extend contract with R. L. Lawrence Construction for
concrete repairs for one year at the current bid prices as
submitted under Bid No. 0102-10 (City Manager)
E. Extend contract with Florida Pipe Tech, Inc. for
stormwater jetting and cleaning for one year at the
current bid prices as submitted under Bid No. 0102-8
(City Manager)
F. Approve purchase of a heavy equipment trailer pursuant
to the specifications of Bid No. 0203-7, from Trail-Eze
Trailers at a cost of $12,617 (City Manager)
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Motion: Approve Consent Agenda Items A, and C- F as PARSONS
presented. WATER S
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The motion carried unanimously.
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January 27, 2003
B. Award contract in the amount of $22,000 to Commercial
Landscaping for tree planting pursuant to the
specifications of Bid No. 0203-6 (City Manager)
Mayor Meserve inquired as to the choice of Sweet Gum trees as a
substitute for Crepe Myrtles. He believed this type of tree was an
undesirable tree for rights-of--way plantings.
Commissioner Waters inquired concerning the choice of 50 Sable
Palms and stated he objected to spending money on palm trees. City
Manager Hanson indicated the palms would be used to replace
palms missing from the palm colonade.
Motion: Defer action on Item 4B to the February 10,
2003 Commission Meeting.
There was no further discussion and the motion carried
unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 20-03=57 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET OF THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003 (City Manager)
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing. No one spoke for or against the
ordinance and the Mayor closed the public hearing.
Motion: Approve Ordinance No. 20-03-57 on final
reading.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 80-02-66 Public Hearing & Final Reading
AN ORDINANCE AMENDING CHAPTER 22,
UTILITIES, ARTICLE II, WATERWORKS SYSTEM,
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SECTION 22-20, FEES TO ESTABLISH SERVICE OR
RE-ESTABLISH SERVICE AFTER CUT-OFF OR
TRANSFER TO INCREASE THE TURN-ON FEE, TO
PROVIDE FOR A RE-CONNECT FEE, TO PROVIDE
FOR A RE-CONNECT FEE FOR DELINQUENT
ACCOUNTS, TO INCRESE THE TRANSFER FEE, TO
PROVIDE FOR AN AFTER-HOURS FEE, TO AMEND
SECTION 22-22, FEE ESTABLISHED FOR RE-READ
OF METERS TO INCREASE THE RE-READ FEE,
AND TO PROVIDE AN EFFECTIVE DATE (City
Manager)
Motion: Approve Ordinance No. 80-02-66 on final
reading.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing.
Lynn Drysdale of 1768 Ocean Grove Drive stated that the
proposed reconnect fee was double the amount previously charged
and would cause a hardship for those who could least afford to pay
the increased fee.
Bob Totter of 275 11th Street expressed the same concern as Ms.
Drysdale.
J.P. Marchioli of 414 Sherry Drive suggested charging a larger
deposit to habitual delinquent accounts.
Since no one else wished to speak regarding the ordinance, the
Mayor closed the public hearing and pointed out that the fees
reflected the actual costs to provide the service.
Commissioner Waters agreed with the concerns expressed and
stated that if there had to be a reconnect fee, a $20.00 fee would be
more reasonable.
Amendment to the Motion: Set the reconnect fee at
$20.00.
The amendment to the motion was lost due to a tie vote, with Mayor
Meserve and Commissioner Waters voting aye and Commissioners
Borno and Parsons voting nay.
Discussion ensued and City Manager Hanson explained the rate
structure was based on real costs incurred by the city to perform the
service. He indicated that many of those who had their water turned
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January 27, 2003
off were habitually delinquent. Commissioner Parsons inquired
concerning assistance for paying utility bills for low
income families. City Manager Hanson indicated that help was
available through various charitable organizations.
There was no more discussion and the motion carried unanimously.
C. Ordinance No. 95-03-82 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 5, BEACHES AND
PARKS, ARTICLE III, PUBLIC PARKS, ADDING A NEW
SECTION 5-32 TO ESTABLISH A SCHEDULE OF PARKS
AND RECREATION FEES, AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance No. 95-03-82 on final
reading.
Mayor Meserve read the ordinance by title only, and opened the
floor for a public hearing.
Bob Totter of 275 11th Street inquired concerning the $10.00 fee
for flag football. City Manager Hanson responded that it was the
only sports program run by the city and the fee had always been
charged.
No one else spoke for or against the ordinance and the Mayor.
declared the public hearing closed.
There was no more discussion and the motion carried unanimously.
D. Ordinance No. 90-03-178 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING ORDINANCE N0.90-01-172, CHAPTER
24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, TO ADD NEW
SECTION 24-171, COMMERCIAL CORRIDOR
DEVELOPMENT STANDARDS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
DATE (City Manager)
Motion: Approve Ordinance No. 90-03-178 on final
reading.
Bob Totter of 275 11th Street read a letter written by Michael
Hoffman to the Editor of the Beaches Leader opposing the
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establishment of a Commercial Corridor along Mayport Road as
being detrimental to the adjoining residential neighborhoods.
Atillio Cerqueira of 580 Mayport Road inquired concerning the
provisions of the ordinance relative to the construction standards for
the Commercial Corridor. He indicated that he was in the process of
having engineered drawings completed for a building and inquired if
a steel building would be acceptable on Mayport Road.
Mayor Meserve responded that the construction standards had not
changed but there would be changes for exterior finishes on the
front side of new buildings and additions facing Mayport Road.
Mayor Meserve indicated that existing buildings would be
grandfathered in.
John Murr of Murr's Autos inquired concerning the fences of
residential properties facing Mayport Road would have to be
removed. Mayor Meserve responded that the new designation
would only affect commercial properties.
No one else spoke and the Mayor declared the public hearing
closed.
Discussion ensued and Commissioner Waters pointed out that there
were residential properties located within the commercial zones.
Community Development Director Doerr stated that this matter
would be addressed during rezonings subsequent to the
Comprehensive Plan amendment process. She indicated that
residentially platted property should be zoned residential.
Fences were discussed in detail and Ms. Doerr pointed out that the
ordinance prohibited the use of chain link, barbed wire, razor wire
and concertina wire and like fences in any required front yard or
yard adjoining a street. It was also pointed out that buffers were
required between commercial and residential development.
Commissioner Borno inquired if existing bay doors facing Mayport
Road would have to be changed. Ms. Doerr stated that they would
be permitted to stay unless the use of the building changed.
Commissioner Borno pointed out that chain link fences were needed
for security in the commercial corridor and suggested that
reasonable relief be granted to business owners relative to their
security fences. Ms. Doerr indicated that security type fences were
allowed at the rear of the properties, but it was difficult to have an
aesthetically pleasing frontage with that type of fencing.
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Mayor Meserve said the City was trying to improve the aesthetics of
the area and adoption of the ordinance would set up a framework for
the future, with existing businesses being "grandfathered" in. He
believed that if nothing was done, Mayport Road would continue to
develop in its current hodgepodge fashion.
There was no further discussion and the motion carried by a three to
one vote with Commissioners Parsons and Waters and Mayor
Meserve voting aye and Commissioner Borno voting nay.
E. Ordinance No. 65-03-31 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, RENAMING CHURCH ROAD
AND DUTTON ROAD TO DUTTON ISLAND ROAD;
AND PROVIDING AN EFFECTIVE DATE (City
Commission)
Mayor Meserve read the ordinance by title only and explained the
change of wording in the ordinance to include the renaming of
Dutton Road and Church Road to Dutton Island Road. Mayor
Meserve indicated that the public hearing for this ordinance would
be held February 10, 2003.
Motion: Approve Ordinance No. 90-03-178 on first
reading.
There was no discussion and the motion carried unanimously.
F. Ordinance No. 95-03-83 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 5,
BEACHES AND PARKS, ARTICLE I, IN GENERAL,
ARTICLE II, BEACH SAFETY ZONE, ARTICLE III,
PUBLIC PARKS, PROVIDING FOR SEVERABILITY,
AND PROVIDING AN EFFECTIVE DATE (City
Commission)
Item 8F was taken out of sequence and approved, as amended,
earlier in the meeting.
8. Miscellaneous Business:
A. Authorize W. Earl Floyd & Son, Inc. to abandon the
existing Howell Park well at a cost of $10,500 and
authorize amid-year budget modification; provide
direction to staff regarding the construction of the
Intermediate Aquifer replacement well, headwall
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improvements and staff gauge installation (City
Manager)
Motion: Authorize W. Earl Floyd & Son, Inc. to
abandon the existing Howell Park well at a cost of
$10,500. Do not replace with a shallow well at this time,
monitor it for one year and at that time decide whether
or not to construct an intermediate aquifer replacement
well.
Commissioner Waters stated that he was opposed to capping the
Howell Park well since he believed it would negatively impact
water flow through the park and lagoon system.
Commissioner Borno inquired why the well was originally installed
and the City Manager said it was his understanding the well was
installed to augment the flow through the Selva Lagoon .system
during .dry times. It was further explained that the St. Johns River
Water Management District (SJRWMD) was requiring that the deep
well be abandoned and was allowing it to be replaced with an
intermediate aquifer well to maintain the Howell Park pond, but not
to provide flow in the lagoon.
Utility Director Kaluzniak pointed out that the well abandonment
must be completed to meet the city's Consumptive Use Permit
requirements, and if the city did not comply, the SJRWMD could
fine the city up to $10,000 per day.
Discussion ensued and it was the consensus of the Commission to
hold off on the installation of the new well.
There being no further discussion, the motion carried by a three to
one vote with Commissioners Borno and Parsons and Mayor
Meserve voting aye and Commissioner Waters voting nay.
B. Review proposed changes to Chapters 22 and 24 of the
City Code and authorize staff to draft an ordinance to
implement the changes (City Manager)
A brief discussion ensued and it was the consensus of the
Commission to authorize staff to draft an ordinance(s) to implement
the required changes to Chapters 22 and 24 of the City Code.
C. Board/Committee Appointments
Tree Conservation Board (1)
Code Enforcement Board (1)
Cultural Arts and Recreation Advisory Committee (1)
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Mayor Meserve nominated Tom Hill for appointment to the Tree
Conservation Board, Chris Shea for appointment to the Code
Enforcement Board and Betsy Tidwell for appointment to the Cultural
Arts and Recreation Advisory Committee.
Motion: Appoint Tom Hill to fill the unexpired term of
Carol Rockwood on the Tree Conservation Board, appoint
Chris Shea to fill the unexpired term of James Pelkey on the
Code Enforcement Board, and appoint Betsy Tidwell to the
fill the unexpired term of Barbara Hopson on the Cultural
Arts and Recreation Advisory Committee.
There was no discussion and the motion carried unanimously.
D. Approve a Change Order in the amount of $27,610 to the
contract with Control Design, Inc., to upgrade the
SCADA system
Motion: Approve a Change Order in the amount of
$27,610 to the contract with Control Design, Inc., to
upgrade the SCADA system.
City Manager Hanson explained the request and pointed out by
investing the $27,610 now, the city would save $22,000 per year
when the contract with BellSouth expires. It was pointed out that
the upgrade also provided future possibilities of using the improved
radio system, for police laptops to communicate with the city
network and for security cameras at the city parks.
There was no discussion and the motion carved unanimously.
9. City Manager
A. Report regarding proposed zoning changes.
Community Development Director Doerr explained that an
ordinance would be placed on the next Commission agenda for first
reading to redesignate the lands presently classified as Open Rural
(OR) to the new zoning designation of Conservation (CON).
Strategic Planning Sessions
• The City Manager reported that this year's Strategic
Planning Sessions were scheduled from 5:00 - 9:00 p.m. on
March 5`h and 6`h at the Sea Turtle Inn.
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Unites States Post Office Property on Mayport Road
• Reported he would be working with the Post Office and JTA
on a proposal to reconfigure an entrance to the Post Office
property from Plaza. He explained that the Post Office
agreed conceptually to placing an entrance on Plaza, but had
no funds to make the required improvements on their
property and an alternative method of funding was being
considered.
There were no objections.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
• Inquired if the reflector tiles removed from Seminole Road
would be replaced. Public Works Director Kosoy indicated
they would be replaced.
Commissioner Waters
• Inquired concerning the necessity of purchasing the heavy
equipment trailer (Item 4F). Public Works Director Kosoy
stated that the current trailer used to transport the Menzie
Mucker was old and inefficient.
Commissioner Parsons
• Believed that when traveling in a westerly direction on
Atlantic Boulevard the turn onto Mayport Road was not very
well signed and asked Director Thompson to check on this
signage.
• Stated he would like to review a copy of the study resulting
in the placement of speed bumps on Plaza.
• Inquired as to the size of the replacement speed bumps for
Plaza. Public Works Director Kosoy indicated that
Aikenhead and Odom's traffic engineers had recommended
three (3) longer, lower sloped speed bumps with white
warning stripes as the bumps are approached.
• Reported that he had spoken to a Neptune Beach Councilor
who suggested that for an incentive for businesses in the
business corridor to bring their signs into compliance, sign
permits could be issued at no cost for a period of five years,
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with all signs being brought into compliance within ten
years.
Staff was directed to draft language into the current
ordinance to reflect the suggested changes.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
10:25 p.m.
Attest:
John Meserve
Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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