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, MARCH 24, 2003
PRESENT: John Meserve, Mayor
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 Mayor Meserve was followed by the Pledge of Allegiance to
the Flag.
1. Approval of the minutes of the Regular Commission meeting
of March 10, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of March 10, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Beach Renourishment Project Update
Steve Ross, Project Manager for the Beach Renourishment Project,
reported that it was unlikely the beach restoration would be resumed this
year due to the sea turtle nesting season, which begins April 15th . He
further reported that beginning in May, the Army Corps of Engineers
would begin looking into offshore borrow areas for sources of beach
quality sand for the next beach renourishment scheduled in 2005. Mr.
Ross indicated that the Corps was still looking at short-term options to
continue the project.
Commissioner Parsons expressed concern that northeasters could further
damage the already eroded beach and felt sand should have been placed
in Atlantic Beach during the time the sand was being sifted for large
oyster shells in Jacksonville Beach.
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March 24, 2003
Kevin Bodge, the city's consultant for the project, recommended that the
city take a proactive approach to beach renourishment and felt the sand
source should be developed now for the FY 2005 renourishment project.
Commissioner Waters suggested sending letters to members of the
legislature requesting their support to make sure funding would be
available for future beach renourishment projects. The Mayor suggested
the three beach cities and the City of Jacksonville form a coalition to
prevent failure to complete the restoration from happening in the future.
Discussion ensued and Commissioner Parsons requested that letters
lobbying for federal funding be sent to Congressman Crenshaw, Senator
Graham and Senator Nelson.
Walt Hogrefe, P.E. from the City of Jacksonville Department of Public
Works indicated that the state had contributed $2.4M (42.6% of the cost)
to the project and he did not know if they would be willing to rollover
any of those funds or provide future funding.
Mayor Meserve requested that NIr. Ross, Mr. Bodge and Mr. Hogrefe
work together to see if Jacksonville would reallocate unused funds for
future beach renourishment. Commissioner Waters suggested
contacting all of the At-Large Council Members regarding this matter.
Alan Potter of 374 2"d Street spoke in opposition to the city purchasing
the Navy water/sewer system. He felt the Jacksonville Electric
Authority (JEA), a much larger utility who was bidding on the project,
was better equipped to purchase the aging Navy system and the city
could not compete with the JEA.
Mr. Potter provided the Commissioners with a current JEA rate schedule
and pointed out that their rates did not reflect conservation rates.
Jack Verney of 2257 Oceanforest Drive West complained of the
mosquito problem in his neighborhood and urged the Commission to be
proactive when addressing the problem.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) The sculpture to be installed by the Police Department building was
not a design he favored, (2) Stated that he had been requesting that
Howell Park be made handicapped accessible for a number of years, and
felt the funds to be spent on the sculpture would be better spent in
Howell Park, (3) Agreed with the comments concerning mosquitoes, (4)
Felt the Wilson and Wilson sign should have been "grandfathered in",
(5) Felt the Commission should have spent the $1,500 it was donating to
Project Graduation on sidewalks for the west side of Sherry Drive, (6)
Favored the ordinance adopting site triangles, (7) Opposed term limits
for Boards and Committees, (8) Suggested the Commissioners park at
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March 24, 2003
the Police Department on Commission Meeting nights, and (9) Stated he
favored construction of a clover leaf at the Hodges Boulevard/Atlantic
Boulevard intersection.
Holly Kartsonis of 144 14th Street, a candidate for the City of
Jacksonville District 13 Council Seat, pointed out the potential health
hazards related to mosquitoes and also supported aggressive treatment
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,
copy of which is attached and made part of this official record as
Attachment A.
Mosquito Control
Public Works Director Kosoy provided information concerning the city's
ditch spraying services with Nature's Way, which supplement those
provided by the City of Jacksonville (Duval County) for mosquito
control. Public Works Director Kosoy's report is attached and made part
of this official record as Attachment B.
Discussion of the mosquito problem ensued and while it was felt that the
city should become more proactive regarding mosquito control, it was
also noted that mosquito control was a county service and the county
should be doing a better job.
B. Action on a request from Ruth and Kelly Wilson regarding
the sign at their business at 615 Atlantic Boulevard
Ruth Wilson provided the Commission with photographs of types of
signs they would like to have installed at their business. She stated that
the sign would cost approximately $10,000 and due to the state of the
economy at this time, they could not afford such a sign. Mrs. Wilson
requested a six months extension to replace the existing sign. The
Wilson's request for the extension is attached and made part of this
official record as Attachment C.
Discussion of the city's current sign regulations ensued.
Motion: Grant the six months extension with the
understanding that the sign comes down at the end of the six
months extension.
There was no further discussion and the motion carried unanimously.
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Item 7A was taken out of sequence and was acted on it at this time.
7. Action on Ordinances:
A. Ordinance No. 90-03-180 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 24,
ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, TO ESTABLISH
STORMWATER ON-SITE STORAGE
REQUIREMENTS AND TREATMENT, FLOODPLAIN
STORAGE, AND NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NDPES)
REQUIREMENTS, AND PROVIDING AN
EFFECTIVE DATE (City Manager)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 90-03-180 on final
reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience.
J.P. Marchioli of 414 Sherry Drive suggested the use of cisterns as
away to conserve potable water.
Dorothy Kerber of 365 1St Street also supported the use of cisterns
and felt adoption of the ordinance would cause a hardship for
citizens with small yards.
Michael Schmidt of 446 Inland Way, an engineer with Camp,
Dresser and McGee, indicated that the ordinance would not impact
existing developed property within the city, but would affect new
development. He suggested that the use of swales and careful
placement of landscaping could be used to conserve potable water.
No one else spoke and the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
4. Consent Agenda
Commissioner Waters requested that Item B be removed from the
Consent Agenda for discussion
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A. Acknowledge receipt of monthly Recreation Department
Report and Report of Utility Sales for February 2003
(City Manager)
Receipt of the monthly reports was acknowledged.
B. Approve aone-year extension of the contract with
American Landcare for palm tree trimming in Atlantic
Boulevard medians and Town Center at the total cost of
$13,386
Motion: Approve Consent Agenda Items B as presented.
Commissioner Waters stated that he would like the palm trees to be
trimmed at the time of fruiting. Public Works Director Kosoy
indicated that the trees would be trimmed on a 9-3 cut, which was
not as severe as the previous trim, which was done in error.
Commissioner Waters confirmed that the City of Neptune Beach
shared the cost of trimming the trees.
There was no more 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. 90-03-180 Public Hearing & Final Reading
Ordinance Item 7A was taken out of sequence and acted on
earlier in the meeting. See Page 4.
B. Ordinance No. 20-03-58 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE OPERATING
. BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
- 2003
Mayor Meserve read the ordinance by title only.
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Motion: Approve Ordinance No. 20-03-58 on final
reading.
Mayor Meserve opened the floor for a public hearing and no one
spoke for or against the ordinance. The Mayor closed the public
hearing.
There was no discussion and the motion carved unanimously.
C. Ordinance No. 90-03-181 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE NO. 90-03-181 REZONING
LANDS AS DESCRIBED HEREINAFTER TO PUD
(PLANNED UNIT DEVELOPMENT); PROVIDING
FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS
CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE (City Manager)
Mayor Meserve requested that the introduction of the ordinance be
deferred until the next meeting so that the changes suggested at the
Workshop Meeting earlier in the evening could be included in the
ordinance.
Motion: Defer action on the ordinance to the April 14,
2003 meeting.
The motion carried unanimously.
D. Ordinance No. 60-03-13 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING ORDINANCE NO.
60-03-13, WHICH SHALL AMEND CHAPTER 17 OF
THE CODE OF ORDINANCES, SIGNS AND
ADVERTISING STRUCTURES, AS PREVIOUSLY
ADOPTED THROUGH ORDINANCE NO. 60-OZ-12,
TO ADD NEW SECTION 14, PARAGRAPH (5),
PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 60-03-13 on final
reading.
Mayor Meserve opened the floor for a public hearing and invited
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comments from the audience. No one spoke for or against the
ordinance and the Mayor closed the public hearing.
Commissioner Parsons inquired if the sign at the new McDonalds
building complied with city regulations.
Community Development Director Doerr stated that MdDonalds
had obtained a sign permit prior to the new regulations going into
effect and the existing sign was repainted and complied with the
regulations at that time.
Commissioner Waters felt the "golden arches" of the new building
did not comply with the current regulations. Ms. Doerr stated that
the arches were not a pole sign and were in compliance.
Commissioner Waters felt the sign ordinance should be revisited to
prevent this from happening in the future.
There was no more discussion and the motion carried unanimously.
,,_ E. Ordinance No. 65-03-32 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 19 OF
THE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, BY
ADDING A NEW SECTION PROVIDING FOR SIGHT
DISTANCE REQUIREMENTS AT CERTAYN
INTERSECTIONS, PROVIDING FOR SAFETY
ZONES ALONG THE EDGES OF ROADWAYS, AND
PROVIDING AN EFFECTIVE DATE (City
Commission)
Mayor Meserve read the ordinance by title only and stated that the
public hearing- and final reading would be April 14, 2003.
Motion: Approve Ordinance No. 65-03-32 on first
reading.
Commissioner Waters inquired concerning the impact of sight
triangles on private property. Chief Thompson advised that if
landscaping grows into the site triangle or a landscaping structure
obstructs vision at an intersection, the property owner will be asked
to trim the vegetation or remove the structure or the city can do so.
Chief Thompson. assured the Commissioners that the Police
Department would make reasonable requests to the property owners.
There was no discussion and the motion carried unanimously.
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8. Miscellaneous Business:
A. Award contracts for the Construction Inspection
Services for the Relocation, Installation and Coating of
Elevated Storage Tank at Water Plant No. 2 to HGTI in
the amount of $16,850; installation of the yard piping to
Gruhn May, Inc. in the amount of $26,830; and electrical
work to Brooks &Limbaugh in the amount of $10,000;
and waive the formal bidding procedures in order to
expedite completion of the project (City Manager)
Motion: Award contracts for the Construction
Inspection Services for the Relocation, Installation and
Coating of Elevated Storage Tank at Water Plant No. 2
to HGTI in the amount of $16,850; installation of the
yard piping to Gruhn May, Inc. in the amount of
$26,830; and electrical work to Brooks &Limbaugh in
the amount of $10,000; and waive the formal bidding
procedures in order to expedite completion of the project
Commissioner Borno inquired as to a timetable to bring the new
storage tank on-line. Utility Director Kaluzniak felt the tank would
be in service in 200 days.
There was no further discussion and the motion carried
unanimously.
B. Appointments to Cultural Arts and Recreation Advisory
Committee (2)
Mayor Meserve requested that the committee appointments be
deferred until the April 14, 2002 meeting.
The City Commission concurred.
C. Discussion and related action regarding proposed
overpass at Atlantic Boulevard and Hodges Boulevard
(Commissioner Waters)
Commissioner Waters felt the proposed Hodges Boulevard overpass
would be a benefit to the city in time of an evacuation and requested
comments from his fellow Commissioners.
Commissioner Borno agreed with Commissioner Waters. Mayor
Meserve indicated that the overpass was part of the Better
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March 24, 2003
Jacksonville Plan and he would support the desires of the
Commission.
Motion: Support construction of the overpass at Hodges
Boulevard.
Discussion of the benefits of the overpass ensued. Commissioner
Borno felt all of the At-Large Council Members should be
contacted. Commissioner Waters asked that letters supporting the
overpass as envisioned in the Better Jacksonville Plan be sent to
Council Members Brown, Holland and Alvarez, and the District 13
Council Member.
D. Discussion and related action regarding establishing
term limits for board members (Commissioner Parsons)
Commissioner Parsons requested Commission consideration of
establishing term limits for city boards and committee members.
Discussion ensued and it was suggested that limits be set at four
two-year terms.
Commissioner Waters stated that he liked continuity and did not
support term limits.
By consensus, it was decided that before making a decision, letters
should be sent to the city's boards and committees soliciting their
input.
E. Discussion and related action regarding budgeting funds
for public art in the City (Commissioner Parsons)
Commissioner Parsons requested consideration of budgeting funds
from the Half Cent Sales Tax Funds for Public Art (statues or
sculptures) to be placed throughout the city. He suggested that $15-
20,000 be placed in next year's budget for art.
This matter will be discussed further during budget meetings.
9. City Manager
A. City Manager's Report
City Manager Hanson commented on each item of his written
report. The report is attached and made part of this official record
as Attachment D.
Reserved Parking for Commissioners
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To solve the parking problem at City Hall on regular Commission
Meeting nights, the Commissioners agreed to park in the Police
Department parking lot, instead of having reserved parking.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
• Referenced a letter from Martha Haines concerning a drainage
problem at the south end of Poinsettia Street that left standing
water and a place for mosquitoes to breed. (A response has been
sent to Ms. Haines).
• Requested that a letter be sent to Senator Jim King opposing
HB 113 and SB 1164 amending the Bert J. Harris Property Rights
Protection Act.
• Reported that he had met with college students from Minnesota
and Wisconsin who were working with Habitat during spring
break. He reported Habitat was having difficulty finding
property to build on and indicated that Habitat may need the
city's assistance with zoning changes for property they are
interested in purchasing.
Commissioner Parsons
• Suggested that the city keep working with the Corps of
Engineers to ensure the problems of this project are not repeated
in 2005.
Commissioner Waters
• Reported that due to a scheduling conflict he would be late for
the next Commission meeting, or he maybe absent.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
9:22 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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