MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMNIISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, FEBRUARY 24, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Commissioner Mike Borno
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
ABSENT: Commissioner Paul Parsons
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 February 10, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of February 10, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
A. Jerry Scarborough, Army Corps of Engineers, with report
regarding beach renourishment project
Mayor Meserve introduced Jerry Scarborough and Steve Ross from the
Army Corps of Engineers and Walt Hogrefe from the City of
Jacksonville who were present to report on the status of the beach
renourishment project.
Mr. Scarborough summarized the problems encountered in Jacksonville
Beach and stated that he did not want them repeated in Atlantic Beach.
Mr. Scarborough stated that representatives from the various entities had
observed a test dredge quality control measures had been implemented
that should ensure that the problems experienced in Jacksonville Beach
would not be repeated in Atlantic Beach
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February 24; 2003
Discussion of sand sources ensued. Mr. Scarborough indicated ocean
reconnaissance was presently being performed, and in the future, the
Corps may have to go from three to ten miles out in the ocean to find
beach quality sand.
Mayor Meserve inquired if the city's beach was not renourished now,
could the Corps guarantee a future beach renourishment project. Mr.
Scarborough indicated that they try to schedule renourishment projects
every three years to six years, but funding was becoming a concern and
suggested that local officials work with their Congressional
Representatives to keep the project funding.
Discussion ensued and Mr. Scarborough stated that he did not know if
there would be enough good quality sand to complete both cities, but
they would try to complete the worst areas.
Kevin Bodge, the consultant hired to protect the city's interests in the
beach renourishment project, indicated that he had taken part in the test
dredging. He displayed pictures of the dredging operation and beach
profile information.
Mr. Bodge displayed a map illustrating the test dredging locations and
indicated that beach quality sand was available in Sections 1 and 2. Sand
samples taken from these areas were distributed. The map is attached and
made part of this official record as Attachment A.
Discussion of offshore sand sources ensued and Mr. Bodge felt regional
and offshore sand sources were available, but they needed continued
funding. He recommended that the Commissioners urge their
Congressional Representatives to keep funding available for beach
renourishment projects. The Commissioners agreed to move forward
with the project.
Motion: Accept placement of sand for beach renourishment
from the ongoing dredging of the St. Johns River entrance
using maintenance dredged material from Sections 1 and 2,
subject to real time inspection of the material's suitability for
beach placement by the Corps of Engineers and the City of
Jacksonville; with the understanding that (1) Actual
placement of the sand may be limited by available dredge
volumes, funds or timing of the work, and (2) Placement
would be suspended if two or more subsequent loads of
material were determined to be non-beach compatible.
There was no further discussion and the motion carried unanimously.
Bob Totter of 275 11th Street commented on the following items: (1)
Parking passes for residents were issued in another city where he lived,
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February 24, 2003
which allowed residents to park at the beach parking areas, (2) Believed
the $100 deposit for use of city facilities was too high (Ordinance 95-03-
82 passed on January 27, 2003), (3) Suggested if the city decided to
inspect rental properties, a $25 inspection fee should be charged at the
time the property is rented, and no other inspection should be performed
until the tenant moved out.
Carol Mikell of 1771 Sea Oats Drive requested that the Commission
consider adopting an ordinance to allow the use of golf carts on certain
streets in Atlantic Beach. Mrs. Mikell provided sample ordinances,
information concerning golf cart communities, and a map of designated
streets to the City Clerk for distribution to the Commissioners.
Lynn Charest of 1858 Beachside Court and Bryan Barker of 609
Beach Avenue supported the use of golf carts.
Pat Pillmore of 995 Camelia Street commented on the following items:
(1) Believed the city would wake a "sleeping dragon" if they prohibited
landscaping on street rights-of--way, (2) Opposed the proposed 47-lot
gated community (PUD) west of Mayport Road, and (3) Opposed rental
property inspections as just another restriction, and felt there were city
codes already in place that addressed any problems.
Randell Powell of 73 Oceanside Drive spoke in opposition to the city
parking radar carts on the rights-of--way of narrow residential streets. He
believed exposure to radar rays from the cart could present a health
hazard to residents living near the carts.
Alan Potter of 374 Second Street thought that by the time it was done,
the city would pay too much for consultant fees for the preparation of the
proposal for the city to provide water and sewer services to the Navy.
He felt the City of Atlantic Beach could not compete monetarily with the
Jacksonville Electric Authority for the project, and they would win in the
end.
Holly Kartsonis of 144 14th Street introduced herself as a candidate for
the City of Jacksonville District 13 Council Seat. Mrs. Kartsonis also
stated there was a drainage problem on her street and inquired if the city
planned to correct the problem. She was directed to speak to Public
Works Director Kosoy.
J. P. Marchioli of 414 Sherry Drive repeated his previous requests for a
- lower speed limit on Sherry Drive. He then introduced his neighbor, Ms.
Lawrence, who lives at the corner of 5th Street and Sherry Drive. Ms.
Lawrence thought construction of sidewalks and a large two-story home
south of her property were causing drainage problems on her property.
She was directed to discuss her drainage problem with Public Works
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February 24, 2003
Director Kosoy and the house construction with Building Official Don
Ford
3. Unfinished Business from Previous Meetings
A. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson commented on the following items from his
follow up report:
Sign Regulations
Mr. Hanson reported that an ordinance to amend the city's sign
regulations to add a provision that existing, non-conforming signs must
be brought into compliance within a ten year period would on the agenda
of the next meeting.
Fill on Lot on 19th Street
Reported that since the follow up report was written, a stop work order
had been placed on the lot because the contractor was not following the
approved lot-grading plan. He indicated that this had been resolved, the
stop work order was lifted and the lot was now being graded according
to the approved plan.
Fees & Charges for Use of City Facilities & Activities
In response to Mr. Totter's earlier comment, the City Manager reported
that the fees did not apply to the beach. He further reported that the
question concerning which individuals or organizations should pay the
$50 fee and $100 deposit had been turned over to the Cultural Arts and
Recreation Advisory Committee for their recommendation.
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 was deferred to the next meeting.
4. Consent Agenda:
A. Acknowledge Receipt of Building Department Monthly
Report for January 2003 (City Manager)
B. Award Contract to R&B contracting, Inc. in the amount
of $172,914.50 for Church Road Water and Road
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February 24, 2003
Improvements pursuant to the specifications of Bid 0203-
4 (City Manager)
C. Award Contract to Treasure Enterprise in the amount of
$39,600 for janitorial service at City Facilities pursuant
to the specifications of Bid 0203-08 (City Manager)
D. Award Contract to B.A. Wilson Company in the amount
of $113,000 for trail development and installation of four
shelters at Dutton Island pursuant to the specifications of
Bid 0203-9 (City Manager)
Motion: Approve Consent Agenda Items A -D as
presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
A. General Employee Pension Board
B. Police Employee Pension Board
Tim Townsend, Chair of the General Employee Pension Board, and
Henry Bartle, Chair of the Police Employee Pension Board,
.:A;
presented written reports to the Commission. (Copies o t e reports
are on file in the Office of the City Clerk).
During a brief question and answer session, it was pointed out that
both pension funds were in good shape despite weak performance in
the stock market during the past year.
6. Action on Resolutions:
A. Resolution No. 03-03
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING AN EVALUATION
AND APPRAISAL REPORT FOR THE CITY OF
ATLANTIC BEACH COMPREHENSIVE PLAN,
REVISING THE PREVIOUSLY ADOPTED
EVALUATION AND APPRAISAL REPORT AS
ADOPTED BY RESOLUTION NUMBER 97-34;
STATING THE INTENT OF THE CITY
COMMISSION TO AMEND THE COMPREHENSIVE
PLAN BASED UPON RECOMMENTATIONS
CONTAINED IN THE REPORT; AND APPROVING
TRANSMITTAL OF THE REPORT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS IN
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February 24, 2003
ACCORDANCE WITH SECTION 163.3191 FLORIDA
STATUTES
Motion: Approve Resolution No. 03-03.
Community Development Director Doerr introduced Amy Skinner,
a consultant with the firm of Ivey, Harris and Walls, who assisted
with the review and rewrite of the Evaluation and Appraisal Report
(EAR), and stated that she would be available to answer any
questions the Commissioners might have.
Ms. Doerr explained that the Department of Community Affairs
(DCA) required adoption of the Evaluation and Appraisal Report
(EAR) and they would review the report and send a Sufficiency
Finding back to the city. The city will begin the process to amend
the Comprehensive Plan immediately following receipt of the
report. She indicated that both the text of the plan and the Future
Land Use Map would be amended and some new maps created, as
required.
Commissioner Waters felt that work with the Community
Development Block Grant and Habitat should be included in
Objective 1.4 as good things the city has done. Ms. Doerr indicated
that this was included in the Housing Element, but could be
included in Objective 1.4 if so directed.
There was no further discussion and the motion carried
unanimously.
7. Action on Ordinances:
A. Ordinance No. 20-03-56 Public Hearing & Final Reading
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)
The ordinance was read by title only by Mayor Meserve.
Motion: Approve Ordinance No. 20-03-56 on final
reading.
The Mayor opened the floor for a public hearing and invited
comments from the audience. No one spoke to the ordinance and
;-- the Mayor declared the public hearing closed.
There was _no discussion and the motion carried unanimously.
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B. Ordinance No. 90-03-179 Public Hearing & Final
Reading
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 final
reading.
The Mayor opened the floor for a public hearing and invited
comments from the audience. No one spoke to the ordinance and
the Mayor closed the public hearing.
Mayor Meserve inquired concerning the land zoned-Open Rural
adjacent to Fleet Landing and inquired how it obtained that
designation. He expressed concern that the twenty-seven acres in
question were in the process of being sold or developed. No one
knew how or why the small parcel was designated Open Rural.
Discussion ensued and Community Development Director Doerr
indicated that the map in question was a map from the
Comprehensive Plan and would be addressed later with zoning map
revisions.
There was no more discussion and the motion carried unanimously.
C. 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
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February 24, 2003
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.
Public Works Director Kosoy explained the stormwater drainage,
storage and treatment requirements and provided calculations for
on-site storage for various sized lots. He displayed various types of
swales and explained their impact on different sized lots.
Commissioner Beaver stated he understood the intent of the
ordinance, but expressed concern that the swales would lose their
long-term effectiveness if not properly maintained. He felt a
maintenance requirement should be included in the ordinance, as
well as a provision for enforcement.
Mayor Meserve expressed concern that the requirements of the
ordinance would make some lots unbuildable.
Commissioner Waters believed that all lots may not be able to be
graded in such a manner so they would drain to the adjacent street.
Public Works Director Kosoy pointed out that the ordinance
required lots to drain to an existing natural element. Commissioner
Waters stated he would like the ordinance to become effective on
January 1, 2004.
There was no further discussion and the motion carried by a three to
one vote with Commissioners Beaver and Borno and Mayor
Meserve voting aye and Commissioner Waters voting nay.
8. Miscellaneous Business:
9. City Manager
City Manager Hanson reported on the following items:
• Reported he had received information on Comcast Cable
Communications, Inc., and indicated that the City of
Jacksonville had reached an agreement with the company
concerning past problems with service and amendments to
their franchise agreement.
He indicated that the next step for the city would be to
review these provisions as they would or would not apply to
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February 24, 2003
the city's franchise agreement. After this was done, direct
negations with the company could begin. He reported that
the other beach cities had indicated a desire to work with
Atlantic Beach in resolving the same issues for their cities.
• Reported that the Florida League of Cities was seeking a
clear statement from the Legislature concerning a recent
Attorney General opinion on per diem allowances. No
changes were recommended pending the statement from the
Legislature.
• Reported that Sandra Phillips, the tennis instructor who
leases the Russell Park facilities, was trying to establish a
tennis team that would be part of the Ladies Working Tennis
League.
• Reported that ballots for a union election would be mailed to
employees by PERC on March 5`h with a return deadline of
March 26`h
• Reported that a Hazardous Waste Collection Day would be
held on Saturday, March 22°d at the City of Jacksonville
Beach Administration Building on Shetter Avenue.
• Reported that the annual Greenscape Tree Sale at the beach
was scheduled for Saturday, Apri15"', and as in the past,
$500 was budgeted for the event.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
• Thought the three beach cities should hire a consultant to
monitor beach renourishment projects. He also inquired if
the shells that will be removed in Jacksonville Beach could
be used for trails on Dutton Island. City Manager Hanson
felt they might be too sharp, but stated he would look into
this.
Commissioner Borno
• Distributed a summary report on the National Conference on
Beach Preservation Technology he attended in Ponte Vedra
Beach. He emphasized the need to seek State and Federal
assistance for beach preservation/renourishment projects and
stated that additional materials from the conference were
available in the office of the City Clerk.
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February 24, 2003
Commissioner Waters
• Believed the sculpture being considered by the Cultural Arts and
Recreation Advisory Committee should be durable and large
enough for children to climb on. He felt the city should move
forward with this project.
• Inquired as to the status of the proposed purchase of the Aquatic
Gardens retention pond property. City Attorney Jensen stated he
was waiting for a response to a letter sent to the property owner.
He advised that the city could clean the pond and file a lien for
costs against the property, if needed.
• Stated he had read minutes from a recent Tree Board Meeting
and inquired why two recent violations of the tree ordinance were
not referred to the Code Enforcement Board. He was advised
that one property owner had paid tree mitigation fees and the
other had removed trees only from the footprint of the home and
was not in violation of the tree ordinance.
Mayor Meserve
• Requested Chief Thompson to review the request to allow golf
carts on certain designated streets in the city and report back to
the Commission.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
10:10 p.m.
John Meserve
Attest: Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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