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, APRIL 28, 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 April 14, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of April 14, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
A. Jeff Sheffield of the Metropolitan Planning Organization with
a report on the Transportation Improvement Program
Mayor Meserve introduced Jeff Pappas of the Metropolitan Planning
Organization (MPO). Mr. Pappas stated that Mr. Sheffield was unable to
attend the meeting and he would present an update on the MPO's
Transportation Improvement Projects for Fiscal Years 2003/04 through
2007/08.
Mr. Pappas reviewed each project impacting the beaches area and
responded to questions from the Commissioners. Commissioner Borno
inquired concerning the impact of the projects and the use of Beach
Boulevard and Atlantic Boulevard as evacuation routes in the event of a
hurricane. Mr. Pappas indicated that the secondary roads would be
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closed to allow the free-flow of traffic on the evacuation routes. Mr.
Pappas also provided an update on the Wonderwood Expressway
Project.
Mayor Meserve felt that the various construction projects discussed
might overlap and cause major traffic problems if all of them were on-
going at the same time. He requested that Mr. Pappas express his
concerns to Denise Bunneworth of the MPO.
Copies of the MPO's Transportation Improvement Program FY2003/04
through 2007/08 and the Transportation Improvement Program for the
Beaches and Vicinity distributed by Mr. Pappas are on file in the office
of the City Clerk.
Sam Van Leer and Bill Hillegass of the Beaches Historical Society
requested the city's support to construct a museum for the beaches area.
Mr. Hillegass provided information to the Commissioners concerning the
Historical Society's capital campaign to raise funds for construction of
the proposed 10,000 square foot building. The Haskell Company's
rendering of the building was displayed.
Mr. Hillegass reported that the cost for the building was estimated to be
$3 million and they hoped to raise one-half of the funds from private
donations. He indicated that so far, $850,000 had been raised. Mr.
Hillegass further reported that the City of Jacksonville Beach had
committed $250,000 to the project and the Historical Society was
requesting that the cities of Atlantic Beach and Neptune Beach each
contribute $125,000 to the project, with payments of $25,000 per year
for five years.
Mayor Meserve indicated that funding for the museum would be
discussed during the budget process for fiscal year 2003/04.
Sally Clemens of 1638 Park Terrace West spoke in opposition the
following items discussed at the previous meeting: (1) City regulation of
rental properties and (2) Inviting former elected officials to attend the
annual volunteer appreciation event.
John Piselli of 355 Third Street stated that he was concerned about
chemicals used in ditch spraying for mosquitoes, and inquired as to how
the contract for ditch spraying was awarded in FY2002/03. He inquired
as to what kind of chemicals would be used by Bluewater Environmental
(Item 4D), if awarded the contract. Mr. Piselli favored the use of natural
materials and felt the company currently under contract with the city
provided good service.
Bob Totter of 275 11th Street commented on the following Consent
Agenda Items: (1) Item 4E - He complimented staff for saving money
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on consultant fees by providing an in-house design for the project, and
(2) Under Item 4B he inquired as to when staff was authorized to
negotiate with VIA Concepts for design of the park. He felt a contract
should not be awarded to design the park until consideration was given
to regulations for operation of the park, park capacity, hours of use, age
limitations, staffing, parking requirements and maintenance.
Todd Johnson of 1168 Penuco Avenue North inquired if skateboarders
would have input into the design of the park. He also inquired as to the
amount of funds budgeted for the park. Mr. Johnson was informed that
two public meetings would be held for public input.
J.P. Marchioli of 414 Sherry Drive suggested the following: (1)
Fencing the skateboard park, (2) approving the use of golf carts since
they would slow traffic, and (3) passage of an ordinance requiring "both
hands on the steering wheel" to prevent accidents caused by the use of
cell phones.
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report on issues from previous
meetings
Price for Additional Trash Collection
City Manager Hanson reported that the price for additional trash
collection would be $2.00 per unit per month for the service ($9,400 per
month) and it had been suggested that the months of March and April be
considered for the additional service.
Discussion ensued concerning a schedule for additional trash collections.
Commissioner Parsons felt additional collections were also needed in the
fall and requested that this item be placed on the next agenda for
Commission action. A copy of the City Manager's report is attached and
made part of this official record as Attachment A.
In response to Mr. Totter's inquiry, City Manager Hanson stated that
staff received authorization from the Commission on March 10`h to
negotiate a contract with VIA Concepts.
City Manager Hanson suggested that in order to provide answers to
questions in a timely manner and to save time at Commission Meetings,
citizens should contact city staff prior to the meetings for answers to
their technical questions.
Mayor Meserve requested that Item 4D be removed from the
Consent Agenda for discussion. Commissioner Parsons requested
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that Items 4B and 4E also be removed from the Consent Agenda for
discussion.
4. Consent Agenda
A. Acknowledge receipt of monthly reports -Building
Department and Utility Sales for March City Manager)
C. Acknowledge receipt of report on Pension contribution
rates (City Manager)
F. Award a contract to Underground Utility Contractors,
- Inc. in the amount of $233,261.23 for Milling and Paving
pursuant to the specifications of Bid No. 0203-13 (City
Manager)
G. Approve aone-year extension to the contract with
Industrial Equipment Services, Inc. for electrical motor
and pump repairs, at the current prices (City Manager)
Motion: Approve Consent Agenda Items A, C, F and G
as presented.
There was no discussion and the motion carried unanimously.
B. Approve contract with VIA Concepts in the amount of
$26,174.00 for design, bid documents and construction
administration of an approximately 6,000 square foot
skate park facility (City Manager)
Commissioner Parsons stated that he would like to move forward
with the project as soon as possible, but he felt the design cost was
too high. He inquired if it was possible to piggyback the project
with the City of Jacksonville or the City of St. Augustine.
Recreation Director Johnson explained that the design cost for the
park was in line with the design costs for parks in St. Augustine and
Ormond Beach. Mayor Meserve pointed out that the design costs
were $11,481 and the contract also included costs for public
meetings, preparation of bid documents, and contract oversight
Motion: Approve contract with VIA Concepts in the
amount of $26,174.00 for design, bid documents and
construction administration of an approximately 6,000
square foot skate park facility.
There was no more discussion and the motion carried unanimously.
D. Award a contract to Bluewater Environmental of
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Florida, Inc. in the amount of $17,960.00 for Ditch
Spraying pursuant to the specifications of Bid No. 0203-
11 (City Manager)
City Manager Hanson explained that upon further investigation of
the complexities of mosquito spraying, staff determined that the
mosquito control bid needed to be re-written. He indicated that staff
was now recommending award of the Base bid, plus Alternates 1
and 2 for ditch spraying to the low bidder, Bluewater Environmental
of Florida, Inc., and to re-bid the mosquito control portion of the
bid. The City Manager stated the current contractor would be used
for mosquito spraying on an as-needed basis until the new contract
was awarded.
Motion: Award a contract to Bluewater Environmental
of Florida, Inc. in the amount of $21,160 for the Base bid
and Alternates 1 and 2 for ditch spraying pursuant to the
specifications of Bid No. 0203-11. (The Mosquito Control
Program (Alternate Bid #3) will be re-bid and awarded at a
later date).
There was no further discussion and the motion carved
unanimously.
E. Award a contract to R&B Contracting in the amount of
$114,402.75 for CDBG Sidewalks, Paving and Drainage
Project pursuant to the specifications of Bid No. 0203-10
(City Manager)
Commissioner Parsons commented that it was too bad that the city
could not award a contract by line items.
Motion: Award a contract to R&B Contracting in the
amount of $114,402.75 for CDBG Sidewalks, Paving and
Drainage Project pursuant to the specifications of Bid
No. 0203-10.
There was no 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:
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A. Ordinance No. 90-03-181 Public Hearing & Final 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
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 90-03-181 on final
reading.
The Mayor opened the floor for a public hearing. Bob Totter of
275 11th Street inquired regarding the square footage of secondary
dwellings, and stated that he felt the owners of a property with a
family suite should sign an agreement with the city stating they
would not rent or lease the family suite. No one else spoke for or
against the ordinance and the Mayor closed the public hearing.
Commissioner Borno pointed out that only 14 of the 47 lots would
have family suites (garage apartments).
Commissioner Waters stated that he was opposed to the Planned
Unit Development (PUD) because it allowed reduced setbacks,
which offered less privacy and presented safety hazards. He felt
that over time the "family suites" would be rented and the city
would experience the problems it had worked so hard to eliminate
with the recent passage of the revised zoning ordinance.
Mayor Meserve favored the project and believed Paradise Preserve
would be a quality development.
Commissioner Borno supported the project and stated that he lived
in a Planned Unit Development with a homeowners association that
strictly enforced the covenants and restrictions of the development.
He believed that Paradise Preserve would also have a strong
homeowners association.
There was no further discussion and the motion carried by a three to
one vote with Mayor Meserve and Commissioners Borno and
Parsons voting aye and Commissioner Waters voting nay.
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B. Ordinance No. OS-03-41 Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VII, FINANCE,
DIVISION 1, GENERALLY, SECTION 2-316, FEES
SHALL BE PAID TO CITY GOVERNMENT, TO
REMOVE REFERENCE TO DAILY PAYMENT AND
THE CITY TREASURY, AND TO PROVIDE AN
EFFECTIVE DATE (City Manager)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. OS-03-41 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 carried unanimously.
C. Ordinance No. 20-03-59 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,
2002
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. ZO-03-59 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 carried unanimously.
D. Ordinance No. 90-03-182 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING ORDINANCE NUMBER 90-01-172,
CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SPECIFICALLY
TO AMEND ARTICLE IV, SUBDIVISION
REGULATIONS, PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE
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The Mayor read the ordinance by title only and announced that the
public hearing and final reading would take place May 12, 2003.
Motion: Approve Ordinance No. 20-03-59 on first
reading.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Approve Change Order No. 1 in the amount of
$22,718.00 on Aerated Sludge Holding Tank at
Wastewater Treatment Plant No. 2 (City Manager)
Motion: Approve Change Order No. 1 in the amount of
$22,718.00 on Aerated Sludge Holding Tank at
Wastewater Treatment Plant No. 2.
Utility Director Kaluzniak explained the Change Order in detail and
displayed photographs of the site. Her Staff Report dated April 18,
2002 is attached and made part of this official record as Attachment
B.
There was no discussion and the motion carried unanimously.
B. Approve Change Order No. 1 in the amount of $15,360
on Ocean Boulevard water line replacement project (City
Manager)
Motion: Approve Change Order No. 1 in the amount of
$15,360 on Ocean Boulevard water line replacement
project.
Public Works Director Kosoy explained that brick was found under
4 or 5 inches of asphalt during the initial street excavation work. He
indicated that initially it was though the brick could be salvaged for
use in Town Center, but most were found to be in poor condition.
Mr. Kosoy stated that it was not known if the bricks ran all the way
to 7`h Street, but the Contractor submitted a price of $6 per lineal
foot to remove and dispose of the additional brick and asphalt. It
was noted that project had been completed through 3ra Street.
There was no more discussion and the motion carried unanimously.
C. Award a contract for engineering for Well Rehabilitation
and Replacement for Well Nos. 2, SN, i"T, ~c~ .,,,a ~c~
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Phase I, to CH2M Hill in the amount of $42,890.00 (City
Manager)
(A scrivener's error was noted and it was pointed out that only Well
Nos. 2 and SN were included in the contract).
Motion: Award a contract for engineering for Well
Rehabilitation and Replacement for Well Nos. 2, and SN,
Phase I, to CH2M Hill in the amount of $42,890.00.
There was no discussion and the motion carried unanimously.
D. Approve Change Order No. 7 in the Core City
Improvements Project in the amount of $44,365.80 (City
Manager)
Motion: Approve Change Order No. 7 in the Core City
Improvements Project in the amount of $44,365.80.
There was no discussion and the motion carved unanimously.
E. Authorize staff to begin negotiations with the top ranked
firm, Camp, Dresser & McKee, for engineering services
for the Hopkins Creek Retention Pond Project (City
Manager)
Motion: Authorize staff to begin negotiations with the
top ranked firm, Camp, Dresser & McKee, for
engineering services for the Hopkins Creek Retention
Pond Project.
There was no discussion and the motion carved unanimously.
F. Action on a report to construct a fence within the pubic
right-of--way at 1643 Beach Avenue (City Manager)
Motion: Approve request and allow construction of a
fence within the public right-of--way at 1643 Beach
Avenue.
Community Development Director Doerr presented background
information concerning the request and indicated that staff had
concerns about allowing any structures or fences to be constructed
within the public rights-of--way considering passage of the recent
ordinance to restrict such obstructions.
Paul Anderson, owner of the property, presented a picture of the
type of fence he wished to install and stated that he was requesting
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approval to construct the fence two feet on the right-of--way to
prevent vehicular traffic from driving on his property and damaging
his driveway. Mr. Anderson stated that if the fence was installed on
his property line, the driveway would still be damaged by vehicles
turning from Dewees Avenue on to Beach Avenue. He agreed to
remove the fence in the future if the city needed it to be removed.
Public Works Director Kosoy reported that Dewees Avenue was
being redesigned to increase its width to 22-23', and he believed the
added width would eliminate the problem of residents using Mr.
Anderson's driveway to make the turn.
Commissioner Parsons stated that it looked like the fence in the
picture had been installed on the right-of--way and since similar
situations exist in the neighborhood, Mr. Anderson should be able to
install his fence in the right-of--way.
Mayor Meserve stated he could not support the request since it
would be in conflict with the new ordinance.
Discussion ensued regarding whether the street widening would
solve the problem. Commission Waters stated he wanted to know if
the fence in the picture was on the right-of--way and inquired
concerning the width of the right-of--way in that area
Motion: Defer action on the request to the next
Commission Meeting.
The motion to defer was lost due to the lack of a second.
There was no more discussion and the motion failed by a one to
three vote with Commissioner Parsons voting aye and Mayor
Meserve and Commissioners Borno and Waters voting nay.
9. City Manager
A. City Manager's Report
There was no City Manager's Report.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
• Reported that he had recently witnessed a golf cart being driven
in a dangerous manner on city streets by a child estimated to be
twelve or thirteen years old.
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• Presented the Mayor with the Community Development Block
Grant "Partners in Community Development" plaque.
Commissioner Waters
• Supported the City Manager's earlier statement about
Commission meeting protocol and stated if citizens want detailed
information, they should e-mail or call staff and then if they feel
they did not receive an adequate response, bring the matter to the
Commission.
• Reported that Dancin' in the Street would be held on May 17th
Commissioner Parsons
• Agreed with the protocol for obtaining information as suggested
by the City Manager and suggested an article be published in the
Tideviews newsletter.
• Reported that he had witnessed a puppy being attacked on the
beach by two pit bull dogs and indicated that he would like the
penalty for having an unleased dog substantially increased to
prevent this from happening in the future. He requested that this
item be placed on the agenda of the next Commission Meeting.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
9:10 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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