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, MAY 12, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
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 Apri128, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of Apri128, 2003 as presented.
The motion carried unanimously.
Commissioner Beaver entered the meeting at 7:20 p.m.
2. Courtesy of the Floor to Visitors
A. Presentation of a Proclamation declaring the Week of May
18-24, 2003 as Public Works Week in Atlantic Beach
Mayor Meserve read the proclamation in its entirety and presented the
document to Public Works Director Kosoy for display at the Public
Works building.
Public Works Director Kosoy thanked the Mayor and stated that the
proclamation was dedicated to Troy Williams, athirty-three year
employee of the department who passed away recently.
James McCue of 420 South Third Street, Jacksonville Beach, Kelly
Erhayel, owner of the 1487 Mayport Road property, and Randy
Ginzig, owner of Beach Neon and Sign Company located in Atlantic
v v
0 0
T T
E E
s S
M S
O E
T C
I O Y
0 N E N
N D S O
COMMISSIONERS
BoRNO x x
PARSONS X
WATERS X X
MESERVE X
Minutes Page -2-
May 12, 2003
Beach, addressed the City Commission regarding the waiver to the sign
ordinance requested by the developer of property located at 1487
Mayport Road (Item 8C). They felt the city's sign ordinance limiting the
height of signs to 8 feet, was too restrictive to properly advertise the
potential twenty-seven tenants on a lot with 700' of frontage. They
urged the City Commission to approve the installation of the requested
30-ft. sign. A drawing of the proposed sign was displayed.
Bob Totter of 275 11th Street commented on the following: (1)
Opposed additional trash pick proposed in Item 8A, (2) Supported
approval of the larger sign requested in Item 8C, and (3) Believed the
city should not increase its water and sewer rates to pay the franchise fee
imposed by the City of Jacksonville. He felt the citizens of Atlantic
Beach would be better served if the millage rate was increased by one
mill to cover increased costs.
Alan Potter of 374 Second Street stated that he was opposed to the
city's proposed water rate restructuring and reiterated his previous
position that the St. Johns River Water Management District (SJRWMD)
had no authority to make the city adopt water conservation rates. Mr.
Potter believed the Aquatic Gardens drainage problem would not be
resolved by constructing retention ponds. He felt a larger culvert
installed at the Publix Shopping Center would solve the problems since
the existing culvert was too small and installed at too high of an
elevation.
Sally Clemens of 1638 Park Terrace West spoke in opposition to the
following: (1) City inspections of rental properties, (2) The use of golf
carts on city streets, (3) ABET's request for a ten year lease agreement to
use the Adele Grage Cultural Center, and (4) Additional trash collection.
J.P. Marchioli of 414 Sherry Drive commented on the following: (1)
Speeding on Sherry Drive and suggested the installation of a traffic light
at Sherry Drive and Atlantic Boulevard, (2) Agreed with the comments
made by Messrs. Totter and Potter, (3) Opposed additional trash
collection, (4) Believed the sign (Item 8C) should have legible street
address numbers to make finding the businesses easier, and (5) Favored
the placement of speed bumps on 10th Street if they were the same size as
those on Plaza.
Dorothy Kerber of 365 Second Street commented on the following:
(1) Felt a second trash pick up was unnecessary, (2) Also favored an
increased millage rate to cover the costs for water/sewer service, and (3)
Stated she liked the language of an ordinance being proposed in Neptune
Beach which provided for the eviction of tenants due to noise
complaints.
OMMISSIONERS M
O
T
I
O
N S
E
c
O
N
D
Y
E
S
N
O
Minutes Page -3-
May 12, 2003
Don Remley of 1309 Violet Street felt the problem concerning trash
pick up would be resolved if the residents were better informed
regarding the pick up schedule.
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report on issues from previous
meetings
In addition to his written report, which is attached and made part of this
official record as Attachment A, City Manager Hanson reported on the
following items:
Fence at 1605 Beach Avenue
It was reported that the fence shown as an illustration during a
presentation at the previous meeting was properly permitted and
installed.
Public Input Article for the Tideviews Newsletter
City Manager Hanson reported that as requested during the previous
meeting, he had written an article for the newsletter concerning public
input at Commission Meetings and included it with his report.
Ocean Boulevard Waterline Installation and Compaction
It was reported that the waterline compaction on Ocean Boulevard had
passed inspection with a 98 - 100% compaction rate.
4. Consent Agenda
A. Acknowledge receipt of the following reports for the
month of May: Public Works project status report, new
Occupational Licenses and Utility Sales (City Manager)
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Public Hearing and Adoption of Resolution No. 03-04
A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH, THE CITY OF
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
PARSONS X X
WATERS X
MESERVE X
Minutes Page -4-
May 12, 2003
JACKSONVILLE, THE TOWN OF BALDWIN, THE CITY
OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE
BEACH (THE CITIES) AND THE DUVAL COUNTY
SCHOOL BOARD TO COORDINATE THE PLANNING,
LOCATION, DEVELOPMENT AND USE OF SCHOOL
BOARD FACILITIES THROUGHOUT DUVAL COUNTY,
AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the resolution by title only.
Motion: Approve Resolution No. 03-04.
Mayor Mesere opened the floor for a public hearing. J.P.
Marchioli of 414 Sherry Drive felt the resolution was ineffectual
and opposed its approval. No one else spoke and the Mayor closed
the public hearing.
Commissioner Waters referenced Page 5 of the Resolution and
commented that the City of Pembroke Pines, with their Joint
Planning Committee, had successfully built a charter school.
There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-03-182 Public Hearing & Final 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
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 20-03-59 on final
reading.
Mayor Meserve opened the floor for a public hearing. No one spoke
for or against the ordinance, and the Mayor closed the public
hearing.
Commissioner Waters commented that he was not in favor of
Planned Unit Developments (PUD's). He referenced Section 24-
222 of the ordinance and inquired as to how a PUD met the
requirements of the Subdivision Regulations. Community
Development Director Doerr stated that it must meet the
requirements for streets, rights-of--way, and platting. She pointed
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER
BORNO
PARSONS
WATERS
MESERVE
BEAVER
BORNO
PARSONS
WATERS
MESERVE
Minutes Page -5-
May 12, 2003
out that Planned Unit Developments were regulated under Article
III, Division 6 of Chapter 24.
Commissioner Borno inquired if the changes addressed the splitting
of existing lots by property owners. Ms. Doerr stated that this issue
was addressed and she explained the replatting requirements. She
said the local realtors and title attorneys would be notified of the
change.
There was no further discussion and the motion carved
unanimously.
B. Ordinance No. 95-03-84 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES, OFFENSES, BY ADDING A NEW
SECTION PROHIBITING AGGRESSIVE SOLICITATION,
AND PROVIDING AN EFFCTIVE DATE
Mayor Meserve read the ordinance by title only and stated that the
public hearing and final reading would be held on May 27, 2003.
Motion: Approve Ordinance No. 95-03-84 on first
reading.
Commissioner Borno inquired if the penalties were strong enough to
be a deterrent for this type of offense. Chief Thompson pointed out
that in addition to fines, the ordinance provided for imprisonment.
He indicated he would check with the other beach cities concerning
their penalties.
Mayor Meserve inquired if the Homeless Coalition had reviewed the
ordinance. Chief Thompson indicated that they had no problem
with the ordinance since panhandlers were not always homeless
people:
Discussion of the enforcement procedure of the ordinance ensued.
There was no more discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Discussion and possible action regarding twice-per-week
trash collection (Commissioner Parsons)
Commissioner Parsons explained his reasons for requesting the
additional service.
OMMISSIONERS M
O
z
I
O
N S
E
c
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -6-
May 12, 2003
Motion: Begin working with BFI toward twice a week
pick up of yard trash five months of the year. (The five
busiest months of the year were determined to be March,
April, May, September and October).
The pros and cons of twice a week pick up were discussed.
Commissioner Borno believed it was the residents' responsibility to
educate themselves concerning the schedule and the quantity of yard
trash that would be picked up by the City's contractor.
Commissioners Borno and Beaver and Mayor Meserve felt the
current level of service met the needs of the community.
Commissioner Waters complimented BFI for the good service they
provide to the city.
Commissioner Parsons suggested that the citizens be reminded of
the yard trash pick up schedule and the proper placement of trash for
pick up.
There was no further discussion and the motion failed by a two to
three vote with Commissioners Parsons and Waters voting aye and
Commissioners Beaver and Borno and Mayor Meserve voting nay.
B. Discussion and possible action regarding inspection of
rental properties (Commissioner Waters)
Motion: Task the City Attorney to provide in writing a
summary of existing Florida ordinances that cover one or
more of the areas of regulation, monitoring, and
inspection of rental properties; and let him make the
Commission aware of the least intrusive way to proceed;
and then present the Commission with a detailed plan
with which to create a legal, stand-up-in-court ordinance
that speaks one, to the general welfare of the city and its
neighborhoods, and two, to the safety and well being of
those Atlantic Beach residents who rent. It is requested
that the written report with recommendations be
provided to the Commission by the August 25th
Commission Meeting.
Commissioner Waters recounted a fire that occurred at 16th Street
and Beach Avenue, which was caused by improper wiring that had
been installed by the homeowner. Commissioner Waters stated he
would like to make rental properties safe and well maintained for
everyone.
OMMISSIONERS M
O
T
I
O
N S
E
c
O
N
D
Y
E
S
N
O
BEAVER X
BORNO x
PARSONS X X
WATERS X X
MESERVE X
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -7-
May 12, 2003
Curtis Sanders, Chair of the Code Enforcement Board, distributed
copies of information concerning deficiencies of twelve rental units
located in the city, and provided census demographics concerning
the total number of rental units in the city. Mr. Sanders urged the
City Commission to implement a program to inspect rental
properties and indicated that eleven cities and one county in Florida
have such programs.
Commissioner Beaver stated that he would favor beginning the
process with a plan that would not be too intrusive.
Mayor Meserve stated he opposed this type of regulation and
inquired as to the goal of the ordinance.
Commissioner Parsons stated that he could not support this type of
regulation since it would be too costly for the city to enforce.
Building Official Don Ford stated that current laws would provide
for inspection of rental properties under certain conditions, but he
said the City did not have enough personnel to perform the
inspections.
There was no further discussion and the motion carried by a four to
one vote with Commissioners Beaver, Borno and Waters and Mayor
Meserve voting aye and Commissioner Parsons voting nay.
C. Action on a request from B & K Property Management
and Development, Inc. for a waiver from the sign
regulations in conjunction with redevelopment of a
commercial property, generally located at 1487 Mayport
Road (City Manager)
Motion: Deny waiver request fora 30' sign to be~located
at 1487 Mayport Road.
Community Development Director Doerr explained that even
though the property had three separate addresses, it was considered
one development parcel and the sign ordinance limited the project to
one freestanding sign fronting Mayport Road that would not exceed
eighty square feet and eight feet in height.
Mayor Meserve expressed concern that the businesses to be located
on the property would have no exposure with one eight-foot sign
and would be doomed to failure. He inquired as to what could be
done to resolve the problem.
Commissioner Beaver stated that the thirty-foot height of the
requested sign was five feet taller than what was allowed under the
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
Minutes Page -8-
May 12, 2003
old sign ordinance and he would never favor an increase above
twenty-five feet. He further stated that if the Commissioners felt the
current ordinance was too restrictive, they should consider revising
the ordinance at a workshop, not granting variances as requested.
Commissioners Waters and Parsons agreed with Commissioner
Beaver. Discussion ensued and it was the consensus of the
Commissioners that the ordinance should be revisited to discuss
special circumstances that might merit a sign taller than eight feet.
There was no more discussion and the motion carried unanimously.
D. Authorize the Mayor to sign all associated paperwork for
the application and administration of the 2003/04
Atlantic Beach share of the Edward Byrne Grant and
Local Law Enforcement Assistance Formula Grant (City
Manager)
Motion: Authorize the Mayor to sign all associated
paperwork for the application and administration of the
2003/04 Atlantic Beach share of the Edward Byrne Grant
and Local Law Enforcement Assistance Formula Grant.
There was no discussion and the motion carried unanimously.
E. Discussion and possible action on a petition for
construction of speed bumps on 10th Street (City
Manager)
City Manager Hanson explained that the Police Department reported
that during a traffic survey conducted over an 11-day period, no
vehicles had exceeded 15 m.p.h. in the posted 20 m.p.h. speed zone
on 10th Street between Seminole Road and East Coast Drive. He,
therefore, thought speed bumps were not warranted at this time.
Mayor Meserve suggested that a resolution be drafted stating that
the Commission would take no action on the installation of traffic
calming devices; such as speed bumps or stop signs, until the
Atlantic Beach Police and/or the Public Safety Official conducts
proper research and declares the area a "Traffic Safety Hazard Area"
where such devices could be expected to correct the situation.
Motion: Draft a resolution stating that the City
Commission will take no action on the installation of
traffic calming devices; such as speed bumps or stop
signs, until the Atlantic Beach Police and/or the Public
Safety Official conducts proper research and declares the
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
BEAVER X
BoRNO x x
PARSONS X
WATERS X X
MESERVE X
Minutes Page -9-
May 12, 2003
area a "Traffic Safety Hazard Area" where such
device(s) could be expected to correct the situation.
Discussion ensued and it was the consensus of the Commission that
passage of an ordinance would be more permanent.
Amendment to the motion: Change resolution to
ordinance.
Commissioner Beaver urged the citizens to be patient until normal
traffic patterns resume after completion of the Core City Project.
There was no further discussion and the motion carried unanimously.
F. Action on the recommendations of the Police Department
regarding the disposition of property (City Manager)
Motion: Approve recommendations of the Police
Department to repeal Sections 15-16, 15-17,15-19, 15-20,
15-21, and 15-22 of the City Code. (A copy of the memo
listing the sections of the City Code to be repealed is
attached and made part of this official record as Attachment
B).
Chief Thompson explained that repealing these sections would
eliminate problems created by the language in the City Code and
allow the prevailing State law to preserve the integrity of the
property disposition process.
Commissioner Waters suggested that a statement be placed in
Section 15 of the code indicating that Florida State Statutes would
prevail.
There was no further discussion and the motion carried
unanimously.
G. Approve Change Order No. 1 for the Church Road
roadway and water improvements project in the amount
of $11,816.00 (City Manager)
Motion: Approve Change Order No. 1 for the Church
Road roadway and water improvements project in the
amount of $11,816.00.
City Manager Hanson explained that during completion of the
paving of Church Road (now called Dutton Island Road West) it
was learned that a developer was interested in building on four lots
on the south side of the road. It was then determined that it would
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
Minutes Page -10-
May 12, 2003
be cost effective to install sewer laterals under the roadway at this
time so the new pavement would not have to be disturbed when the
future sewer line is installed for the development.
The motion carried unanimously.
H. Approve Change Order No. 1 in the
Dewees/Coquina/ShelVCora1 drainage and paving
project in the amount of $12,417.29 (City Manager)
Motion: Approve Change Order No. 1 in the
Dewees/Coquina/ShelUCoral drainage and paving
project in the amount of $12,417.29.
Mayor Meserve requested that staff report back as to whether or not
the widening of Dewees Avenue eliminated the problem
experienced by Paul Anderson at 1643 Beach Avenue.
There was no discussion and the motion carved unanimously.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
• Provided a status report on septic tank conversions to city
sewer service and stated he would confirm the data
concerning the deadline for conversions at the next meeting.
• Reported the city had received formal notification from the
Department of Community Affairs that the revised
Evaluation and Appraisal Report (EAR) was determined to
be sufficient and the city could proceed with revisions to the
Comprehensive Plan.
• Reported a meeting to receive public input on the design of
the proposed skate park would be held in the Commission
Chambers at 6:00 p.m. on Wednesday, May 14, 2003.
• Indicated that the artesian well feeding the pond in Howell
Park was plugged to meet the requirements of the SJRWMD
for permitting. He indicated that the pond in the park was
drying up and nearby residents were complaining that it was
becoming a muddy, breeding ground for mosquitoes.
Following a review of the options suggested by the City
Manager to resolve the problem, the Mayor suggested using
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
Minutes Page -11-
May 12, 2003
the Menzie Muck to deepen the pond, use the dirt from the
pond to repair the outside of the pond walls to stop leaks,
and install a shallow well to keep the pond from becoming
stagnant.
Discussion ensued and the Commissioners agreed with the
Mayor's suggestions.
• Utility Director Donna Kaluzniak reported concerning
approved levels of copper in effluent discharged from the
city's outfalls into the river. She indicated that as part of the
requirements to permit the operation of the city's sewage
treatment plants, the city must meet the approved criteria for
levels of copper. Mrs. Kaluzniak indicated she would be
preparing a request for proposals (RFP) for engineering
services required to accomplish the preparation of an
effluent copper mixing zone study to be submitted to the
Florida Department of Environmental Protection. She
indicated that the study would cost approximately $60,000
with the City of Neptune Beach sharing the cost.
• Chief Thompson provided background information and
reported that the city's lifeguards would be filmed by MTV
testing a student who wants to be a lifeguard and is
participating in an MTV production of "MADE".
There were no Commission objections to the lifeguards'
participation in the program.
• Recreation Director Timmy Johnson displayed asmall-scale
copy of the mural proposed by the Cultural Arts and
Recreation Advisory Committee to be painted on the Jordan
Park restroom building. The Commissioners concurred with
the proposal.
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen
City Attorney Jensen stated that under the terms of the city's
franchise agreement with the Jacksonville Electric Authority (JEA),
the JEA was responsible to pay 100% for damage caused to city
property by their subcontractors.
In 2001 a JEA subcontractor caused $45,000 worth of damage to a
city waterline and while this matter has been settled, the JEA was
again taking the position they would not be responsible for damages
OMMISSIONERS M
O
T
I
O
N S
E
c
O
N
D
Y
E
S
N
O
Minutes Page -12-
May 12, 2003
caused by their subcontractors. Following discussion, it was
decided that if this remains their position, the City of Atlantic Beach
would require subcontractors to be bonded, have proper licensing
and insurance and obtain permits for their projects. The City
Attorney indicated he would continue to work with the JEA on this
matter.
Commissioner Beaver
• Reported that he had received information from Alice
Gartland, a former member of the Cultural Arts and
Recreation Advisory Committee, that it was too late for
ABET to apply for a grant to renovate the theater portion of
the Adele Grage Cultural Center. He provided the grant
information to the City Manager and stated that he had
offered the expertise of the city's grant people to help ABET
with the application process.
Commissioner Borno
• Inquired as to the status of the Town Center drainage project
and was informed that plans were expected to be completed
within the next few weeks. It was reported that a baffle box
would be installed on the Neptune Beach side with
maintenance costs to be shared by both cities.
Commissioner Parsons
• Reported that he had learned that emergency funding maybe
available for beach renourishment and stated he would
follow up on this matter and contact Kevin Bodge to see if
he was aware of any such funding.
• Thanked the Recreation Department for their assistance with
the recent volleyball tournament featuring the Jacksonville
Jaguars Roar Cheerleaders.
• Inquired concerning his request for increased penalties for
owners who allow their dogs to run unleashed on the beach.
City Manager Hanson stated he would have the report
completed shortly.
Commissioner Waters
• Inquired as to the status of the Atlantic Beach/Neptune
Beach Welcome sign. City Manager Hanson stated the City
of Neptune Beach officials agreed to the idea of having a
joint sign, but did not care for the conceptual design of the
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -13-
May 12, 2003
sign. He further reported that each city agreed to share the
cost of the sign and it would be included in next year's
budget.
• Inquired concerning the water usage schedule in the April
Utility Report. City Manager Hanson explained the effects
of the meter reading schedule on the report and the use of a
rolling average to determine usage.
• Inquired concerning the posting of addresses on property and
City Manager Hanson stated addresses were required to be
posted on signs.
• Inquired concerning the comments made earlier by Alan
Potter about widening the Publix culvert. City Manager
Hanson indicated the culvert was narrow and there was no
room for expansion at that site.
Mayor Meserve
• Reported that the Mayport Road Study was on-going and
recommendations had been made concerning traffic,
bicycle paths, public safety and other issues. He indicated
good things were coming for the area.
• Reported that representatives from the Mayport Waterfront
Partnership would be meeting with officials from Wa1Mart
at 8:00 a.m. on Wednesday morning to discuss plans for a
Wa1Mart Super Store to be located at the site of the
Buccaneer Trailer Park.
• Reported that Mayor Delaney planned to issue an executive
order before he left office to guarantee funding for beach
renourishment in 2005.
• Recognized Jacksonville District 13 City Council Member
Elect, Art Graham, who was in the audience.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
10:10 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O