MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON TUESDAY, JUNE 23, 2003
PRESENT: Jolm Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Pazsons
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 the Commissioner Parsons, was followed by the Pledge of
Allegiance to the Flag.
Approval of the minutes of the Regular Commission meeting
of June 9, 2003
Commissioner Boma requested that the minutes be amended to change
paragraph five on page 9 to include the following: "Commissioner
Bomo agreed, and felt that if the city had the right on-site
manager/engineer and the Navy utility system was operated as a separate
unit, with accountability to the city financially with receipts and
disbursements, the city could walk away if it would cost too much."
Motion: Approve the minutes of the Regular Commission
Meeting of June 9, 2003 as amended.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Bob Totter of 275 l lt~ Street reiterated his previous request for
information concerning the city's operation of a skateboazd park. He felt
the city should conduct demographic reseazch and have a plan for its
operation before committing to build the skate park.
Ruth and Kelly Wilson of 615 Atlantic Boulevard stated they were
requesting a variance to the setback requirement to allow aneight-foot
sign to be installed at Wilson & Wilson Optical on the site of the current
sign. A picture of the proposed sign was displayed.
V V'
O O
T T
E E
s s
M S
O E
T C
I O Y
0 N E N
N D S O
COMMISSIONERS
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -2-
June 23, 2003
City Manager Hanson noted that the sign would be located tight on the
edge of the sidewalk and expressed concern for the safety of those using
the sidewalk. He felt a one or two-foot setback would be better.
Mrs. Wilson noted that other signs in the area were located as close to
the sidewalk as her proposed sign and felt safety should not be an issue
in her case.
Commissioner Beaver requested that the item be placed on the agenda
for the next meeting with specific information concerning the request,
including a staff report.
Commissioner Waters suggested that the city consider moving the
sidewalk in this azea.
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report on issues from previous
meetings
City Manager Hanson reported on each item of his written report. The
City Manager's follow-up report is attached and made part of this
official record as Attachment A.
Traffic Study on 10~h Street
It was reported that the speed and traffic counting equipment had been
vandalized twice, and the city would repair the equipment for a third
time in a fmal attempt to recheck the findings of the initial survey.
Rezoning/Redevelopment on Mayport Road Resolution to the City of
Jacksonville Council
City Manager Hanson reported that the Commission's request to prepaze
a Resolution to the City of Jacksonville Council to express concern with.
the proposed land use change and rezoning of property on Mayport Road
had become a moot point since the Jacksonville City Council voted
against supporting the land use amendment to the Comprehensive Plan
requested by Wa1Mart.
He pointed out that other issues raised by the Wa1Mart request would
probably come up again as other lazge redevelopment projects are
proposed for Mayport Road within Jacksonville's city limits.
Community Development Director Doerr explained that the WalMart
request was a land use change amendment to the Tacksonville
Comprehensive Plan and not a rezoning issue at this time. She indicated
that Chapter 163 of the Florida Statutes outlined the procedure to be
OMMISSIONERS M
O
T
I
0
N 5
E
c
O
N
D
Y
E
S
I
N
O
Minutes Page -3-
June 23, 2003
followed and the City of Jacksonville had provided the. City of Atlantic
Beach with proper notice as an adjoining municipality and property
owner.
Commissioner Waters requested that afollow-up letter be sent to the
City of Jacksonville Council thanking them for stopping this issue early
on and request that the City of Jacksonville consider lowering the density
along Mayport Road to medium density residential.
It was the consensus of the Commission to send the letter to the City of
Jacksonville.
Beach Signs
City Manager Hanson reported that the "Keep Off the Dunes" signs had
been removed from the top of the dunes.
Public Works Director Kosoy displayed pictures illustrating what the
city's trash cans located at the end of each beach access would look like
if the street names and the "Keep Off the Dunes" signs were attached to
the trash cans.
It was the consensus of the Commission to place the "Keep Off the
Dunes" on the trash cans and also to paint the street names on all of the
cans as illustrated.
B. Action on Golf Cart Recommendation
Chief Thompson explained his findings as listed in his staff report dated
June 4, 2003, which is attached and made part of this official record as
Attachment B. It was pointed out that an Attorney General's Opinion,
indicated that a city could not impose a minimum age requirement of
sixteen for drivers of golf carts. It was pointed out that some vehicles
seen around town that look like golf carts were "street legal" slow
moving vehicles.
Commissioner Waters inquired if seatbelts were required for slow
moving vehicles. Chief Thompson indicated that he would check to see
if they were required.
4. Consent Agenda
Commissioner Borno requested that Items C, D and E be removed
from the Consent Agenda for further discussion. Commissioner
Waters requested that Item B be removed for fiirther discussion.
OMMISSIONERS M
O
T
I
O
N S
E
C
0
N
D
Y
E
S
N
O
D
0
Minutes Page -4-
June 23, 2003
A. Acknowledge monthly reports: Building Department,
Public Safety Department, Code Enforcement, and
Utility Sales (City Manager)
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
B. Award contract for Effluent Copper Mixing Zone Phase I to
Camp, Dresser & McKee in the amount of $32,680.00 (City
Manager)
Commissioner Waters inquired concernirlg the proposed sampling plan
methods and frequency and if the Florida Department of Environmental
Protection (FDEP) would approve the sampling plan and frequency of
collection,
Utility Director Kaluzniak indicated the FDEP had recommended the
approach to be used by Camp, Dresser and McKee.
Motion: Award contract for Effluent Copper Mixing Zone
Phase I to Camp, Dresser & McKee in the amount of
$32,680.00.
There was no more discussion and the motion carved unanimously.
C: Award contract for mosquito control to Nature's Way
Natural Pest Control, Inc. in the amount of $1,150.00 per
month on an as needed basis and Bid Item #Z, additional
mosquito control, in the amount of $0.003/sq. ft., if requested
by the city, (Bid NoA203-19) (City Manager).
Commissioner Borno congratulated the city for taking a proactive
approach to aggressively fighting mosquitoes and indicated that the
mosquito population had significantly dropped over the past several
weeks.
Motion: Award contract for mosquito control to Nature's
Way Natural Pest Control, Inc. in the amount of $1,150.00
per month on an as needed basis and Bid Item #2, additional
mosquito control, in the amount of $0.003/sq. ft., if requested
by the city.
There was no more discussion and the motion carried unanunously.
D. Approve aone-year extension to the contract with All
Seasons Landscape Contractors, Inc. for street sweeping at
OMMISSIONERS M
O
T
]
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
BQRNO X X
PARSONS X X
WATERS X
MESERVE X
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
I
Minutes Page -5-
June 23, 2003
the current contract price estimated at $18,048.00 (City
Manager)
Motion: Approve cone-year extension to the contract with
All Seasons Landscape Contractors, Inc. for street sweeping
at the current contract price estimated at $18,048.00.
Commissioner Borno confirmed that. street sweeping was conducted on
an every other month basis and inquired if more frequent sweeping
would be needed when the core city project was completed.
Public Works Director Kosoy indicated that some baffle boxes had been
cleaned once and contained a lazge amount of sand, and the effectiveness
of the current schedule would be re-evaluated after completion of the
project.
There was no more discussion and the motion carried unanimously:
E. Approve aone-year extension to the contract with Cintas
Corporation for uniform rental and cleaning at the current
contract price estimated at $9,500.00 (Bid No. 0001-2)(City
Manager)
Motion: Approve aone-year extension to the contract with
Cintas Corporation for uniform rental and cleaning at the
current contract price estimated at $9,500.00.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 03-OS
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE TERMS OF OFFICE FOR
MEMBERS OF THE CULTURAL ARTS AND
RECREATION ADVISORY COMMITTEE AND
PROVIDING AN EFFECTIVE DATE.
Motion: Approve Resolution No. 03-05.
Commissioner Borno asked Rusty Pritchett, Chair of the Cultural
Arts and Recreation Advisory Committee, if they had any problems
with the term limits set forth in the resolution.
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
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -6-
June 23, 2003
Mr. Pritchett indicated that all of the committee members had
agreed with the term limits.
Commissioner Beaver complimented the group for sponsoring the
Acoustic Event at the Adele Grage Cultural Center on Sunday night,
and stated he was looking forward to the next Acoustic night
scheduled in July.
There was no more discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 20-03-17 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC
BEACH, AMENDING CHAPTER 20, TAXATION,
AMENDING SECTION 20-59, SCHEDULE OF FEES,
PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. 20-03-17 on final
reading.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing.
No one spoke and the Mayor closed the public hearing.
Commissioner Waters inquired concerning calculation of the fees
for gas pumps and stated he felt it would be more beneficial to the
city if a service station was charged a set fee for the first four pumps
and then charged for each individual pump thereafter. INe also felt
fees should not be increased for the Teen Club designation.
Discussion ensued and Commissioner Bomo recollected that the
fees were set higher for the businesses requiring Commission
approval (Page 11 of the ordinance) to offset the additional city
services these types of business establishments would require.
Amendment to the motion: Keep the current fee of
$5,250 for a Teen Club occupational license.
There was no further discussion and the amendment to the motion
and the main motion carried unanimously.
B. .Ordinance No. 20-03-60 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR THE FISCAL YEAR BEGINNING
OMMISSIONERS M
O
T
I
O
N S
E
C
0
N
D
Y
E
S
N
0
I
li
I
BEAVER
X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
i
BEAVER X X
BORNO X
PARSONS X
WATERS X X
MESERVE X
I
Minutes Page -7-
June 23, 2003
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003
Motion: Approve Ordinance No. ZO-03-60 on final
reading as amended.
City Manager Hanson pointed out that the last line on Page 1 of the
ordinance should be deleted since there was no actual increase in the
fund.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing. No on spoke and the Mayor closed the
public hearing
There was no discussion and the motion carried unanimously.
C. Ordinance No. 60-03-14 Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING ORDINANCE #60-03-14,
AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES, WHICH REGULATES SIGNS AND
ADVERTISING STRUCTURES WITHIN THE CITY OF
ATLANTIC BEACH. SAID ORDINANCE SHALL AMEND
SECTION 17-4. GENERAL PROVISIONS APPLYING TO
ALL PERMITTED SIGNS; SECTION 17-6, SIGNS
PERMITTED WITHIN COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS; AND SECTION 17-34,
FEES, AND SHALL DELETE SECTION 17-15, REQUESTS
TO WAIVE CERTAIN TERMS OF THIS CHAPTER.
AMENDMENTS SHALL BE ADOPTED BY REFERENCE
AS CHAPTER 17 OF THE CODE OF ORDINANCES AS
PREVIOUSLY ADOPTED THROUGH ORDINANCE No.
60-03-13. THIS ORDINANCE ALSO PROVH)ES FOR
FINDINGS OF FACT, SEVERABILITY, REPEAL OF
CONFLICTING ORDINANCES OR PORTIONS
THEREOF, AND PROVIDES FOR AN EFFECTIVE DATE
Motion: Approve Ordinance No. 60-03-14 on first
reading.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing. No one spoke and the Mayor closed the
public hearing.
Community Development Director Doerr reviewed the changes to
the ordinance and pointed out that Section 17-5. Requests to waive
certain terms of this Chapter had been deleted from the ordinance.
OMMISSIONERS M
O
T
I
0
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
'BORNO X X
'PARSONS X
WATERS X X
MESERVE X
s
I
i
I
BEAVER
X
BORNO X X
PARSONS X
WATERS. X X
MESERVE X
I
I
I
Minutes Page -8-
June 23, 2003
Commissioner Beaver referenced Page 11 of the amended ordinance
and inquired if under Subsection iv. Number of Freestanding Signs
Permitted, the items listed under "a" and "b" relative to
development parcels, were either/or choices. City Attomey Jensen
confirmed that they were either/or choices.
Mayor Meserve stated that he would like the ordinance to contain
language to allow consideration of waivers under special
circumstances.
Commissioner Borno suggested limiting waiver requests to
setbacks.
Discussion ensued. Commissioners Waters, Parsons, and Beaver
felt that the waiver (variance) provision should be left out of the
ordinance.
City Attorney Jensen stated that citizens have a right to seek relief
from a city action and if Section 17-5 was taken out of the
ordinance, there would be no administrative procedure set forth to
seek that relief.
Amendment to the motion: Reinstate Section 17-5 in the
ordinance.
There was no more discussion and the amendment to the motion
carried by a four to one. vote with Mayor Meserve and
Commissioners Beaver, Bomo and Parsons voting aye and
Commissioner Watery voting nay. The main motion earned
unanimously.
The Public Hearing and Final reading of the ordinance will beheld
on July 14, 2003.
D. Ordinance No. 5-03-42 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 2, ADMINISTRATION,
AMENDING CHAPTER 14, PLANNING/ZONING/
APPEALS, AND AMENDING CHAPTER 23,
VEGETATION; CREATING UNIFORM TERMS FOR
APPOINTED MEMBERS OF THE CODE ENFORCEMENT
BOARD, COMMUNITY DEVELOPMENT BOARD, AND
TREE CONSERVATION BOARD; PROVIDING A
MAXIMUM LIMIT OF CONSECUTIVE TERMS FOR
BOARD MEMBERS; PROVIDING PROCEDURES FOR
REMOVAL; AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
OMMISSIONERS
M
O
T
I
O
N
S
E
C
O
N
D
Y
E
S i
N
O
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE ~ X
Minutes Page -9-
June 23, 2003
Motion: Approve Ordinance No. 5-03-42 on first
reading.
Commissioner Bomo commented conceming the uniformity of the
language contained within the proposed amendments. and stated that
he had spoken with the City Clerk who explained that the language
concerning residency and serving with no compensation occurs at
different places within the chapters being amended.
Commissioner Waters believed that."serves with no compensation"
should be struck from the ordinance since the boazdmembers are
recognized by other means. City Attorney Jensen advised that
"compensation" meant monetarily.
It was announced that the public hearing and final. reading of the
ordinance would take place July 14, 2003.
There was no more discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Action on a request by Beaches Habitat to approve a re-plat
of a portion of the E. H. Donner's subdivision to create seven
two-family lots and one single-family lot on property located
on the west side of Francis Avenue, east of Mayport Road and
to be known as the Francis Cove Three subdivision
Motion: Approve a re-plat of a portion of the E. H. Donner's
subdivision to create eight two-family lots on propertylocated
on the west side of Francis Avenue, east of Mayport Road and
to be known as the Francis Cove Three subdivision.
Commissioner Bomo inquired as to the number of available lots at the
beaches for Habitat's use.
Ralph Marcello, representing Beaches Habitat, stated that in addition to
the Francis Cove subdivision Habitat was looking hoping to purchase
property located off Church Road in Jacksonville that would provide an
additional fourteen units. He indicated that as affordable land becomes
more difficult to obtain, Habitat may begin a teaz-down rebuild program.
Community Development Director Doerr stated that a duplex would be
built on the lot previously designated for asingle-family home,. resulting
in sixteen units to be constructed on the property.
There was no more discussion and the motion carried unanimously.
OMMISSIONERS M
O
T
I
O
N S
E
C
0
N
D
Y
E
S
N
O
BEAVER X
BoRNO x x
PARSONS X X
WATERS X
MESERVE X
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
Minutes Page -10-
June 23, 2003
B. Designate Commissioner Dezmond Waters as the city's
voting delegate to the August 14-16 Florida League of Cities
Annual Conference
Motion: Designate Commissioner Dezmond Waters as the
city's voting delegate to the August 14-16 Florida League of
Cities Annual Conference.
Commissioner Bomo indicated that he also planned to attend the
conference.
There was no discussion and the motion carried unanimously.
C. Appointments of two residents of the City of Atlantic Beach
to the Police Employee Pension Board for a period of two
-years and two residents to the General Employee Pension
Board for a period of four years
Human Resource Director George Foster stated that the two Board
Members terms would expire in October and December and the
information was being provided now so the Commissioners would have
time to make their decision regazding appointments.
No action was required at this time.
D. Approve a Leave Sell Back Policy change which would allow
employees the option to change their leave accrual limit in
December of each year for the following calendar year
Motion: Approve a Leave Sell Back Policy change which
would allow employees the option to.change their leave
accrual limit in December of each year for the following
calendar year.
Commissioner Bomo inquired if approval of this policy change would
cause an administrative burden.
Human Resources Director Foster responded that he did not expect many
employees to make changes and it should not create a burden. He
indicted that the revised policy would comply with IRS rules.
There was no more discussion and the motion carried unanimously.
E. Approve the Combined Voluntary Cooperation and
Operational Assistance Mutual Aid Agreement and authorize
the City Manager to sign the agreement on behalf of the City
of Atlantic Beach (City Manager)
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
r
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
i
I
I
Minutes Page -11-
June 23, 2003
Motion: Approve the Combined Voluntary Cooperation and
Operational Assistance Mutual Aid Agreement and authorize
the City Manager to sign the agreement on behalf of the City
of Atlantic Beach.
There was no more discussion and the motion carried unanunously.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
Annual Water Quality Report
City Manager Hanson indicated that Florida regulations require that
a yearly report be sent to customers on the quality of water provided
by the city, and the annual report was included for the
Commissioners review.
No Parking Signs -Town Center
City Manager Hanson reported that Rona Brinlee, President of the
Town Center Merchants Association, had requested that one-hour
parking signs be reinstalled in the Town Center area between Ocean
and East Coast Drive to prevent beach goers from using the limited
number of parking spaces on Atlantic Boulevard.
City Manager Hanson indicted he had some concerns regazding the
request as the Police Deparhnent did not have enough staff to assign
an officer to pazking duty in Town. Center. He suggested that "No
Pazking" be enforced on a complaint basis. He also believed the
signs themselves could be a problem as to height and location, and it
was noted that employees may also be using the pazking spaces all
day long and could receive a ticket.
Commissioner Parsons inquired if regulating the pazking would
impact funding for beach renourishment. Chief Thompson indicated
that it would have no impact.
By consensus the Commission directed the City Manager to have
the "No Pazking" signs reinstalled in Town. Center between Ocean
Boulevazd and East Coast Drive.
Byrne Grant Modification
It was reported that $19,000 of grant funds remained from last
year's approved grant of $6Q,000 to purchase of laptops, and the
ONLMISSIONERS M
O
T
1
0
N S
E
C
O
N
D
Y
E
S
N
O '
BEAVER X
BORNO X X
PARSONS X X
WATERS X
MESERVE X
0
Minutes Page -12-
June 23, 2003
Police Department was requesting permission to use the remaining
funds for engineering to develop antennas for the laptops.
There were no Commission objections to the request.
10. Reports and/or requests from City Commissioners and
City Attorney
City Clerk King
•3 Reminded the Commissioners and Staff that their Financial
Disclosure Forms were due July 1, 2003..
Commissioner Beaver
•:• Indicated that the city needed to be diligent to make sure
construction dumpsters did not damage newly paved streets.
•: Thanked the Cultural Arts and Recreation Advisory
Committee for the very successful Acoustic Night held at the
Adele Grage Cultural Center.
Commissioner Borno
:• Commented that he had read the letter and reviewed the
photographs received from Mr. Bisbano, and talked to staff
concerning the requests. He believed there was no action the
Commission could take concerning his requests.
•: Inquired whether PODS were being registered with the City
and reported that one was located on 2"d Street between
Ocean and Beach.
• Reported he would be attending the implosion. of the
Jacksonville Coliseum and dedication of the new arena later
in the week.
Commissioner Waters
•3 Distributed copies of the Florida League of Cities final
legislative report to the. Commissioners, and urged them to
participate in League of Cities activities.
d• Inquired if two of the homes photographed by Mr. Bisbano
should be condemned and stated that he knew of others in
-equal disrepair.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
x
Minutes Page -13-
June 23, 2003
City Manager Hanson indicted that the siding on one of the
homes in the pictures submitted by Mr. Bisbano was being
replaced and the home had been properly inspected.
•:• Inquired as to why Atlantic Beach did not show if pesticides
were present in the city water. Utility Director Kaluzniak
responded that the city only had to report on what was
detected in the water.
Commissioner Parsons
• Indicated he would like "Count," the turtle logo being used
in the Core City Project, to be used in conjunction with all
construction projects in the city.
• Inquired concerning the salinity of the water in the lagoon at
the golf course. Public Works Director Kosoy stated that
the water had been checked thirteen weeks prior to
construction and thirteen weeks after construction, and it was
found that the salinity was reduced after the permanent weir
was installed.
Mayor Meserve
• Recognized Jacksonville Council Member-Elect Art Graham
who was present in the audience.
• Informed everyone that the 2002 Hurricane Re-entry Passes
were still good and new passes were available at City Hall
and the Police Department.
There being no further discussion or business to come before the
City Commission, the Mayor declazed the meeting adjourned at 8:55
P•m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
OMMISSIONERS M
0
T
I
0
N S
E
C
0
N
D
Y
E
S
N
O
A