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, FEBRUARY 10, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Commissioner Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
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 January 27, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of January 27, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Sally Clemens of 1638 Park Terrace West addressed the following
items: (1) Thought that fees for camping on Dutton Island Preserve
should be in line with those charged by the City of Jacksonville, (2) Felt
citizens should be more informed concerning the costs paid by the City
for employee health insurance (Item 4C), and (3) Inquired if staff had
spoken to Neptune Beach officials concerning the Hopkins Creek
drainage area and the possibility of that area causing drainage problems
in Atlantic Beach.
Alan Potter of 374 Second Street spoke concerning the Water and
Sewer Rate Structure Study performed by Burton and Associates. He
believed the proposed rate structure was unfair since the city had
experienced two rate increases since 1993, and that the St. Johns River
Management District had no authority to mandate rate increases based on
conservation.
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February 10, 2003
Lisa Bruno of 377 Plaza, who spoke at the previous meeting opposing
replacement of speed bumps on Plaza, stated that if another traffic study
is performed, she would like to be informed as to the criteria used for the
study. She submitted a picture of the proposed replacement speed bump
a copy of which is attached and made part of this official record as
Attachment A.
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 B.
Workshop Meeting
City Manager Hanson reported that the Workshop Meeting relative to
rate restructuring and Navy privatization tentatively scheduled Monday,
February 24'" would be postponed until March 10"'
Army Corps of Engineers Beach Renourishment Project
City Manager Hanson reported that the beach renourishment project in
Jacksonville Beach had been put on hold until the Army Corps of
Engineers addressed the poor quality of fill that was placed on the beach.
He further reported that Jacksonville Beach had hired an independent
consultant to monitor the project to ensure that beach quality sand is
placed on the beach and the existing debris, consisting mostly of oyster
shells and clay balls, is removed from the beach.
Discussion ensued and Mayor Meserve stated that he did not know if the
quality of sand to be used was included in the contract. He felt the City
of Jacksonville, who was paying for the project, should be involved in
the monitoring. Discussion ensued, and Mayor Meserve suggested the
Commission give the City Manager full authority to act on behalf of the
city if any problems arise.
Commissioner Beaver suggested the three beach cities retain the services
of a consultant to monitor on-going beach preservation. The other
Commissioners concurred and Commissioner Waters suggested the city
contact United States Representative Ander Crenshaw to see if he could
provide any assistance.
Commissioner Parsons introduced Kevin Bodge, a resident of Atlantic
Beach and a Coastal Engineer, who stated that he had been hired by the
City of Jacksonville Beach as a consultant to negotiate terms of
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mediation and to monitor the project. Mr. Bodge advised the
Commissioners to send a letter to the City of Jacksonville setting- forth
Atlantic Beach's standards for continuation of the project.
Commissioner Beaver felt that due to the time constraints and the
sensitive nature of the issue, it would be wise for the city to hire Mr.
Bodge since he was closely involved with the project
Following further discussion the City Manager was authorized to
negotiate with Mr. Bodge for his service in monitoring the
renourishment project and protecting the City's interests. Mr. Bodge
agreed to compose a letter on behalf of the three beach cities to explain
the standards required for the beach renourishment. It was felt that the
matter of a partnership with the other beach cities to monitor future
beach renourishment projects could be pursued at a later date.
B. Request From Wilson and Wilson Optical, 615 Atlantic
Boulevard, to Allow aNon-Conforming Sign to be Removed
and Re-installed in the Same General Location
Mayor Meserve reported that the Wilsons were not in attendance and
action on this item was deferred to the next meeting.
Commissioner Beaver complimented Community Development Director
Doerr for her excellent Staff Report concerning the request.
C. Award Contract in the amount of $22,000.00 to Commercial
Landscaping for Tree Planting pursuant to the specifications
of Bid No. 0203-06
Motion: Award Contract in the amount of $22,000.00 to
Commercial Landscaping for Tree Planting pursuant to the
specifications of Bid No. 0203-06.
Recreation Director Johnson stated that the crepe myrtles were included
in the bid but other trees would be substituted. He requested that the bid
be approved without crepe myrtles.
Commissioner Waters stated that he liked oak trees and also suggested
that red buds be considered as alternative trees.
The motion carved unanimously.
D. Report Regarding Speed Bumps in the 300 Block of Plaza
Chief Thompson provided background information concerning the
installation of speed bumps in the 300 Block of Plaza, as written in his
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Staff Report dated February 3, 2003, which is attached and made part of
this official record as Attachment C.
Chief Thompson indicated that there was no current crash or speed data
available to warrant the replacement of the speed bumps in the 300 block
of Plaza at this time. He felt it would be better to perform a traffic study
after completion of the street paving in the area, evaluate the data, and
present a recommendation at that time.
It was the consensus of the Commission to wait for the re-evaluation of
the area. Mayor Meserve felt that installation of the decorative
crosswalks might work to calm traffic.
4. Consent Agenda:
Mayor Meserve requested that Item 4C be removed from the Consent
Agenda for discussion.
A. Acknowledge Receipt of Monthly Reports: New
Occupational Licenses, Public Works Status Report, and
Utility Sales Report (City Manager)
B. Approve aOne-Year Extension to the Contract with
Labor Line for Temporary Employment Services (City
Manager)
Motion: Approve Consent Agenda Items A & B as
presented.
There was no discussion and the motion carried unanimously.
C. Approve Renewal of Employee Health Insurance with
Blue Cross Blue Shield of Florida, Effective April 1, 2001
for aOne-year Period, and Retain the Current Benefits
and Employee Contribution Rates (City Manager)
Motion: Approve Consent Agenda Item C as presented.
City Manager Hanson explained that due to the city's short period of
claims, Blue Cross Blue Shield could not reduce the premium rates.
He reported that the current premium rates would remain in effect
and would be reviewed again in July. Human Resource Director
George Foster's Staff Report concerning the rates is attached and
made part of this official record as Attachment D.
Commissioner Waters inquired if there was something the city could
do to encourage employees to be healthy and Mr. Foster indicated
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February 10, 2003
that his department was investigating Wellness and Stop Smoking
Assistance Programs for employees.
The motion carried unanimously.
5. Committee Reports:
A. Code Enforcement Board
Curtis Sanders, Chair of the Code Enforcement Board, presented a
comprehensive report on the duties and responsibilities of the Code
Enforcement Board. A copy of Mr. Sanders' report is attached and
made part of this official record as Attachment E.
Statistical data relative to Florida cities that license and inspect
rental properties was presented. Mr. Sanders reported that 32% of
the living units in the city of Atlantic Beach were rental properties
and recommended that the Commission consider licensing and
requiring regularly scheduled inspections of rental properties.
Commissioner Waters indicated that unregulated rental properties
had always been a concern to him and stated he would support
appointing a committee to look into their regulation.
Mayor Meserve thanked Mr. Sanders and the other Board Members
for their work. He felt the pros and cons of regulating rental
properties should be discussed during strategic planning.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 65-03-31 Public Hearing & Final 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)
The ordinance was read by title only by Mayor Meserve. He opened
the floor for a public hearing and invited comments from the
audience.
No one spoke for or against the ordinance and the Mayor closed the
public hearing.
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Motion: Approve Ordinance No. 65-03-31 on final
reading.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 90-03-179 Introduction and First Public
Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE NUMBER 90-03-179,
REDESIGNATING THOSE AREAS SHOWN ON THE
GEOGRAPHIC LOCATION MAP, ATTACHED AS
EXHIBIT A, FROM OPEN RURAL (OR) TO
CONSERVATION (CON), CONSISTENT WITH THE
CONSERVATION LAND USE DESIGNATION AS
ESTABLISHED BY THE FUTURE LAND USE MAP OF
THE ADOPTED 2005 COMPREHENSIVE PLAN FOR THE
CITY OF ATLANTIC BEACH AND CONSISTENT WITH
ORDINANCE 90-01-172, WHICH ELIMINATED THE
OPEN RURAL ZONING DISTRICT CLASSIFICATION
AND ESTABLISHED THE CONSERVATION ZONING
DISTRICT CLASSIFICATION, PROVIDING FINDINGS
OF FACT, REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE
The ordinance was read by title only by Mayor Meserve.
Motion: Approve Ordinance No. 90-03-179 on first
reading.
The Mayor opened the floor for a public hearing and invited
comments from the audience. No one spoke for or against the
ordinance and the Mayor closed the public hearing and indicated
that the final public hearing on the ordinance would take place on
February 24, 2003.
Commissioner Borno referenced a letter from the owners of
Johnston Island stating that the redesignation from Open Rural to
Conservation was taking away their rights to develop the property.
He pointed out that the change in designation would make the
zoning map consistent with the conservation land use designation
established by the Future Land Use Map and consistent with
Ordinance 90-01-172, which eliminated the Open Rural Zoning
District Classification.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 20-03-56 Introduction and First Reading
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February 10, 2003
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003 (City Manager)
Motion: Approve Ordinance No. 20-03-56 on first
reading.
City Manager Hanson reported that the ordinance would be
amended to include $15,589 for the Coral Street Project, which was
recently completed.
Amendment to the motion: Include the Coral Street
Project budget adjustment in the amount of $15,589 on
Page -2- of the ordinance
There was no discussion and the amendment to the motion and main
motion carried unanimously.
D. Ordinance No. 90-03-180 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 24,
ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, TO ESTABLISH
STORMWATER OFF-SITE STORAGE
REQUIREMENTS AND TREATMENT, FLOODPLAIN
STORAGE, AND NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NDPES)
REQUIREMENTS, AND PROVIDING AN
EFFECTIVE DATE (City Manager)
Motion: Approve Ordinance No. 90-03-180 on first
reading.
Mayor Meserve inquired if this type of ordinance was legally
defensible and expressed concern for the impact it would have on
some property owners. He felt the new requirements might make
some properties undevelopable.
Commissioner Beaver felt the Commission needed more time to
study the ordinance. Commissioner Waters agreed and stated he
had a problem with the requirement to slope a lot to the street where
there was the possibility of the runoff flowing around and flooding
the back yard.
Discussion ensued and it was determined that more time was needed
to study the impact of the ordinance.
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February 10, 2003
The motion and second were withdrawn.
Motion: Defer action on Ordinance 90-03-180 to allow
additional time to study the ordinance.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Authorize Staff to install fourteen 4"stainless steel poles
and cut the concrete at Bull Park at a cost of $7,600
(City Manager)
Motion: Authorize Staff to install fourteen 4"stainless
steel poles and cut the concrete at Bull Park at a cost of
$7,600.
Recreation Director Johnson displayed photographs illustrating
where the poles would be installed to deter further damage to
seating areas at Bull Park.
A brief discussion ensued and the motion carried unanimously.
B. Authorize the City Manager to sign a JEA Property
Damage Settlement and Release Statement (City
Manager)
Motion: Authorize the City Manager to sign a JEA
Property Damage Settlement and Release Statement.
There was no discussion and the motion carried unanimously.
C. Authorize staff to negotiate a contract with CH2M Hill for
rehabilitation, replacement and abandonment of wells No. 2,
1N, SN, 2S and 6S. If a satisfactory price cannot be agreed
upon, authorize staff to negotiate with the second most
qualified firm, Integrated Science and Engineering (City
Manager)
Motion: Authorize staff to negotiate a contract with CH2M
Hill for rehabilitation replacement and abandonment of wells
No. 2, 1N, SN, 2S and 6S. If a satisfactory price cannot be
agreed upon, authorize staff to negotiate with the second most
qualified firm, Integrated Science and Engineering.
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February 10, 2003
A brief discussion of well abandonment and rehabilitation ensued.
Commissioner Waters requested comparison costs for the repair vs.
replacement of a well.
There was no further discussion and the motion carried unanimously.
D. Approve proposed projects for Fiscal Year 2003-2004
Community Development Block Grant funds to include
$30,000 in the Housing Rehabilitation category and
allocating the remaining approximately $120,000 of grant
funds to the Public Facility and Infrastructure category
for stormwater improvement projects within the Section
H (Marsh Oaks) Subdivision, E.H. Donner's Subdivision
and surrounding vicinity, and authorize the City
Manager to submit the CDBG application and sign
documents as required to execute the contract (City
Manager)
Motion: Approve proposed projects as submitted and
authorize the City Manager to submit the CDBG
application and sign documents as required to execute
the contract.
There was no discussion and the motion carved unanimously.
E. Approve Change Order No. 6 in the Core City
Improvement Project in the amount of $125,157.35 (City
Manager)
Motion: Approve Change Order No. 6 in the Core City
Improvement Project in the amount of $125,157.35.
Greg Nettuno, Project Manager, distributed copies of the monthly
project status report and explained the upcoming work schedule.
He felt that the most difficult part of the project dealing with the
underground utility conflicts had been completed.
Mr. Nettuno complimented Petticoat Contracting on being a good,
responsive contractor who works well with the citizens. He
indicated the company was making good progress and the work was
ahead of schedule.
Commissioner Parsons inquired concerning the performance of the
inverted crown drainage system on 10th Street. Mr. Nettuno stated
that there were no problems and it was working the way it was
designed.
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February 10, 2003
Commissioner Borno inquired if the city should have known about
the items listed in the Change Order before the project began. Mr.
Nettuno responded that the most of the items listed in the Change
Order resulted from unforeseen utility conflicts and incomplete
information on the design plans. Mr. Nettuno indicated that the city
would have a complete database for locating underground utilities
when the project was completed.
Mayor Meserve inquired concerning the status of the ocean outfalls.
Mr. Nettuno indicated they would be plugged but the structures
would remain at the beach.
Commissioner Beaver inquired as to whom the city would contact to
ask permission to use the outfalls in an extreme emergency, such as
a major flooding event.
Public Works Director Kosoy believed the city would contact the
Department of Environmental Protection (DEP), but indicated he
would contact Neil Aikenhead to see if a procedure could be set up
Commissioner Waters stated that he would like more information
relative to the future of the outfalls.
There was no further discussion and the motion carried
unanimously.
F. Provide direction to Staff regarding proposed
amendment to sign ordinance (City Manager)
Community Development Director Doerr explained the options for
the City to require compliance with the amended sign regulations.
Discussion ensued and it was the consensus of the Commission that
Staff prepare an amendment to the current sign ordinance to
establish an amortization schedule often years for non-conforming
signs, which the Commission believed would meet the
"reasonableness threshold" for amortization requirements. The
Staff Report, which includes the language for amortization is
attached and made part of this official record as Attachment F.
G. Provide direction to staff regarding Florida Shore and
Beach Preservation Association's request for a resolution
supporting the preservation of the Beach Trust Fund
(City Manager)
Commissioner Waters explained the necessity of passing the
resolution as requested by the Florida Shore and Beach Preservation
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Association to save the $30 M Annual Beach Management Trust
Fund.
Motion: Draft a resolution supporting the preservation
of the Beach Trust Fund.
There was no more discussion and the motion carried unanimously.
9. City Manager
A. Animal Control and Feral Animals
Chief Thompson reported on how the city currently responds to wild
and feral animal complaints and offered the following options: (1)
Relocate the animals to undeveloped wooded areas, (2) Destroy the
animals, and (3) Contract with a private pest control company to
remove nuisance, feral animals at a cost of approximately $20,000
per year if the city absorbed the entire costs.
Discussion of the options ensued. Chief Thompson indicated that in
the last year approximately 500 animals were relocated, and of that
number, only 10 animals presented a public safety issue. It was the
consensus of the Commission that a list of qualified trappers be
compiled for distribution to citizens who have problems with
nuisance animals. It was suggested that the list be published in the
city's newsletter.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
• Commissioner Beaver inquired concerning the timeliness of
sending the Resolution approved under Item 8G and stated
that Mr. Bodge had informed him the House would be
meeting tomorrow and the Senate would meet on Thursday
relative to this issue. He suggested faxing the document to
the appropriate agencies.
Motion: Adopt the sample resolution included with Item
8G and fax or a-mail the resolution to Senate President
Jim King and the other government agencies included
with the sample resolution.
There was no further discussion and the motion carved
unanimously.
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• Inquired if the drainage issue at the Adele Grage turnaround
had been addressed. Public Works Director Kosoy indicated
that it was included with the Miranda Contracting Ocean
Boulevard Watermain Replacement Project.
Commissioner Borno
• Concurred with the recommendation of the Code
Enforcement Board relative to rental properties.
• Complimented Community Development Director Doerr on
the EAR Report she submitted to the Commissioners for
review.
• Stated that he would report to the Commissioners at the next
meeting on the Beach Preservation Technology Conference
he would be attending later in the week.
Commissioner Parsons
• Reported that the Jacksonville Transportation Authority was
moving forward with its plan for new bus routes. He noted
that if the Mayport Road Corridor project is approved, the
JTA would develop additional bus routes in that direction.
• Noted that parking was not allowed on either side of 7tn
Street near the Adele Grage Cultural Center. Chief
Thompson stated that he was looking into the parking
situation in that area and would make recommendations for
parking at a future meeting.
• Inquired if the city was aware that five loads of sand had
been dumped at the rear of the lot on 19th Street that was
clear cut in violation of the city's Tree Ordinance. He felt
placement of the sand at the rear of the lot could cause a
drainage issue. Public Works Director Kosoy stated that he
was unaware of this, and would check on it tomorrow.
Commissioner Waters
• Supported formation of a committee from the three beach
cities to monitor the activities of the Corps of Engineers
beach renourishment projects. He believed the City of
Atlantic Beach should adopt a standard for beach
renourishment and find a permanent way to keep the Corps
informed of those standards.
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Mayor Meserve
• Reported the Mayport Road Study was underway.
• Reported the President of the United States would be visiting
Mayport Naval Station on Thursday, February 13th, and
suggested that residents avoid Mayport Road if possible.
• Cautioned everyone to be extra vigilant in light of the
heightened terrorist alert.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at 9:55
p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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