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, JULY 14, 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 Commissioner Beaver was followed by the Pledge of
Allegiance to the Flag.
Approval of the minutes of the Regular Commission meeting
of June 23, 2003
Commissioner Bomo referenced page three of the minutes and stated
he would like paragraph three under Beach Signs to be amended to read
as follows: "It was the consensus of the Commission to place the "Keep
Off the Dunes" signs on the trash cans, if possible, and also attach the
street names on all of the cans as illustrated".
Motion: Approve the minutes of the Regular Commission
Meeting of June 23, 2003 as amended.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
A. Presentation of Outstanding Citizen Award to Paula Moody
and Jamie Putman
Mayor Meserve recounted a recent incident at Tideviews Preserve when
Alan Sowder, a city employee, was assaulted and robbed by a man and
woman while working in the park. He further stated that without the
help of Paula Moody and Jamie Putman, residents who witnessed the
attack and were willing to become involved and help Mr. Sowder, he
might have been more seriously injured.
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Mayor Meserve presented an Outstanding Citizen Award to Paula
Moody. Jamie Putman was unable to attend the meeting and will be
given her award at a later date.
Chief Thompson presented his recommendations for increased park
security, as follows: (1) Increase police patrols in the parks, especially at
closing times or when a problem has been identified by staff, (2)
Enhance the role of Parks and Recreation staff to address security issues
by changing their titles to "Rangers" instead of "Attendants" and issuing
new uniforms to reflect the change, (3) Coordinate communication
between Parks and Recreation staff and the Police Department, and
encourage the investigation of all suspicious activities and rules
violations in the parks, (4) Provide direct radio communication between
Pazks and Recreation staff and the Police Department, (5) Provide Parks
and Recreation staff with a public address system so they can
communicate from a distance in remote areas, (6) Promote more use of
the parks, more people and visibility discourage bad behavior, (7)
Encourage citizens who live near parks to report problems at the time
they occur, and (8) Use video cameras to monitor remote pazks.
Chief Thompson stated that the city was currently investigating the costs
to video monitor the parks. Commissioner Waters believed the city
should use video cameras in the parks if it all possible.
Alan. Potter of 374 Second Street referenced the Water Quality Report
recently mailed to all Atlantic Beach and Buccaneer Water District
customers and stated that the water coming from the aquifer was non-
corrosive. He pointed out that copper was present in the water coming
from homes as a result of corrosion of household systems. He believed
the city was responsible for allowing the water to become so corrosive.
He requested that the city take measures to reduce or eliminate the
corrosiveness.
Bob Totter of 275 11th Street referenced the Workshop Meeting held
earlier to discuss projects to be funded from the Better Jacksonville half-
cent sales tax revenues and stated he did not hear any mention of
reducing taxes or debt with the funds. He feltthe citizens of Atlantic
Beach wanted smaller government, not more projects.
James Hill of 372 7th Street stated that a recent beautification project at
the beach access at the end of 7`h Street had eliminated the use of public
land by citizens who liked to use the area to view the ocean. He felt the
area could have used a shower, but instead an imgation system for
landscaping was installed. He requested that the Commission revisit the
access and consider changing how it was now being used.
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Don Remley of 1309 Violet Street distributed Mastic remnants from
firecrackers he had picked up during the July 5` beach cleanup. He
stated that he had never seen this type of plastic fragments before and
expressed concern they could become a safety issue for sea turtles and
citizens using the beach.
Pat Pillmore of 995 Camelia Street felt that information conceming the
Mayport Road corridor study was not being provided to the citizens of
Atlantic Beach and thought that the Community Development Board
should have an opportunity to review the overlay maps developed by the
Jacksonville Planning Department before decisions were made.
Richard Allen of 320 8`h Street stated that the ability to use beach
accesses was important to many of the residents of Atlantic Beach, and
he felt the recent landscaping project installed at the 7`h Street beach
access by residents of Le Chateau Condominiums was an attempt to keep
the public access private. Mr. Allen recalled a verbal altercation, which
occurred between a resident of Le Chateau and himself at the access, and
stated he felt the public could no longer feel comfortable using the
access. He also requested that the city revisit the site.
Discussion of the beautification proj ect ensued, and Mayor Meserve
indicated that staff would look into this matter.
J.P. Marchioli of 414 Sherry Drive read Section 14 of the Charter
conceming meetings of the Commission.
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.
B. Animal Control Report
Chief Thompson reviewed the history of animal control in the city and
recommended several changes. to the fee and fines schedules relative to
animal control and the penalties for violating the Animal Control Code.
A copy of his report dated June 26; 2003 is attached and made part of
this official record as Attachment B.
Commissioner Borno inquired concerning a definition fora "dangerous
dog" as referenced in Items #4 and 6 on the list of recommendations and
inquired if a dangerous dog could be removed by the city. Chief
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Thompson indicated that there was a process for removal of a dangerous
dog but it required court action.
Commissioner Parsons inquired if fines for third offenses had been
increased. Chief Thompson indicated that it was being recommended
that. third and subsequent violations be considered criminal violations,
with a fine of up to $500, as determined by the judge. Commissioner
Parsons stated that he would like the fine to be $500.
A review of the recommendations ensued. Commissioner Waters
indicated his support of the recommendations. Commissioner Borno
stated that he would like the city to have the ability to remove a
dangerous dog from the city.
By consensus the Commissioners agreed to incorporate the
recommended changes into the city's Animal Control Ordinance and
requested that the City Attorney draft the new ordinance.
C. Action on an Application for Waiver from the Setback
Requirements of Chapter 17, Signs and Advertising
Structures, filed by Ruth and Kelly Wilson of Wilson and
Wilson Optical
Motion: Approve request, if the sign is moved approximately
1.5' from the edge of the sidewalk.
The motion was lost for lack of a second.
Motion: Deny the request for the waiver from the setback
requirements of Chapter 17, Signs and Advertising
Structures, filed by Ruth and Kelly Wilson of Wilson and
Wilson Optical.
There was-no discussion and the motion carried on a 4 -1 vote with the
Mayor and Commissioners Beaver, Bomo and Pazsons voting in favor of
the motion and Commissioner Waters voting against the motion.
4. Consent Agenda
Commissioner Borno requested that Item A be removed from the
Consent Agenda for discussion.
B. Approve extension of annual contracts for
Environmental Laboratory Services for an additional
year to Advanced Environmental Services, Inc. and
Columbia Analytical Services at current contract prices
(RFP No. 0102-7) (City Manager)
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C. Award annual contract for Chlorine and Sulfur Dioxide
to Jones Chemical, Inc., at the unit prices submitted in
Bid No. 0203-18 (City Manager)
Motion: Approve Consent Agenda Items B and C as
presented.
There was no discussion and the motion carried unanimously.
A. Acknowledge monthly reports: Building Department,
new Occupational Licenses, Public Works and Public
Utilities Departments and Utility Sales (City Manager)
Commissioner Borno referenced Item #13 - DeWees Avenue Area
Drainage and Paving Improvements Project listed in the Public
Works and Utility Departments Status Report and inquired if the
drainage was working.
Public Works Director Kosoy stated it was functioning properly, but
they would have to clean some debris from a drainage culvert.
Commissioner Parsons referenced the new Occupational License
Report and inquired as to the licensing of a Lawn Service business
in a residential area. He stated that he had received a complaint that
employees were meeting at the house before going out on their jobs,
which he believed was in violation of what was allowed under a
Home Occupational License.
Discussion of the licensing requirements ensued and the Mayor
requested that the matter be fumed over to Code Enforcement.
5. Committee Reports:
A. Report and recommendations of the Pension Review
Committee (City Manager)
Commissioner Borno, a member of the Pension Review Committee,
presented the report to the Commissioners and thanked the
Committee Members and staff for their work.
Commissioners agreed it was a good report and commended the
Committee for their work.
Commissioner Waters expressed concern with the proposed
overtime policy changes and felt there should have been input from
the employees.
City Manager Hanson indicated that the employees had an
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opportunity to give input when they met with representatives from
Palmer and Cay, the company who wrote the city's pay plan and
employees' benefit package study in 2001.
A copy of the report is attached and made part of this official record
as Attachment C.
6. Action on Resolutions:
7. Action on Ordinances:
A. Ordinance No. 60-03-14 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA,. ADOPTING ORDINANCE
NUMBER 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 17-27, GENERAL PROVISIONS
APPLYING TO ALL PERMITTED SIGNS;
SECTION 17-29, SIGNS PERMITTED WITHIN
COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS; AND SECTION 17-64, FEES.
AMENDMENTS SHALL BE ADOPTEb BY
REFERENCE AS CHAPTER 17 OF THE CODE OF
ORDINANCES AS PREVIOUSLY ADOPTED
THROUGH ORDINANCE NUMBER 60-03-13. THIS
ORDINANCE ALSO PROVIDES FOR FINDINGS
OF FACT, SEVERABILITY, REPEAL OF
- CONFLICT?NG ORDINANCES OR PORTIONS
THEREOF, AND PROVIDES FOR AN EFFECTIVE
DATE.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing.
Motion: Approve Ordinance No. 60-03-14 on final
reading.
Bob Totter of 27511th Street read from a Small Business
Administration bulletin on the importance of signs to the success of
a business.
Pat Pillmore of 995 Camelia Street stated that she could not read
the sign located at K-Mart and felt that low signs sunounded by
landscaping were too difficult to read bypassing motorists.
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No one else spoke and the Mayor closed the public hearing.
Community Development Director Doerr noted there was an error in
the title of the ordinanceincluded in the packet, but the corrected
title was used in the legal notice advertising the second reading.
Commissioner Beaver confirmed that the number of signs permitted
on a development parcel with frontage on more than one street was
limited to three signs. Commissioner Beaver felt the ordinance was.
good for the future of the city.
Commissioner Waters confirmed that the requirement to display
street numbers found in Section 17-29(4)(e) was included in the
previous ordinance.
There was no mote discussion and the motion carried unanimously.
B. Ordinance No. 5-03-42 Public Hearing and Final 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.
id4ayor Meserve lead the ordinance by title only and opened the
floor for a public hearing.
Motion: Approve Ordinance No. 5-03-42 on final
reading.
Curtis Sanders, Chair of the Code Enforcement Board, inquired
as to when the ordinance would go into effect. Mayor Meserve
stated that it would be effective with the final reading.
Pat Pillmore of 995 Camelia Street favored term limits for board
members.
No one else spoke and the Mayor closed the public hearing.
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Commissioner Beaver inquired as to the term limits for Code
Enforcement Board Members.
City Manager Hanson explained that Florida Statutes set the three
year term for Code Enforcement Board Members and this could not
be vaned.
Discussion ensued and it was determined that Code Enforcement
Board Members should be allowed to serve a maximum of three
consecutive three-year terms, which would be more consistent with
the four consecutive two-year terms set for the other boazds.
Amendment to the motion: Amend ordinance 5-03-42 to
allow Code Enforcement Board Members to serve a
maximum of three consecutive three-year terms on the
Board.
There was no more discussion and the amendment to the motion and
the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on a request fora Use-by-
Exception to allow automotive repair and service in
association with an existing used car lot (Neptune auto Sales,
Inc.) on property within the Commercial General (CG)
Zoning District located at 880 Mayport Road (City Manager)
Motion: Approve a request for aUse-by-Exception to allow
automotive repair and service in association with an existing
used car lot (Neptune Auto Sales, Inc.) on property within the
Commercial General(CG) Zoning District located at 880
Mayport Raad as recommended by the Community
Development Board. (The Community Development Board at
their meeting held June 17, 2003, approved the Use-by-Exception
to the applicant only, William Dukes, to allow for continuation of
the automotive repair services until December 07, 2004 and
required that the site be cleaned up).
Community Development Director Doerr explained the request
as written in her. Staff Report dated June 25, 2003. The report is
attached and made part of this official record at Attachment D.
It was pointed out that the original Use-by-Exception, granted in
1987, was for auto sales only and did not include auto repair.
Mr. Dukes explained that he had been in business since 1987 and
he felt auto repair was included in the original Use-by-Exception
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since it was discussed at the meeting. He further stated that he
would clean up the site and would be willing to install a fence to
block the view of his business from Mayport Road.
Commissioner Beaver inquired as to the December 07, 2004 time
limit for the Use-by-Exception and asked where that date came
from. Mr. Dukes indicated that his current building lease expires
on that date. Commissioner Beaver then asked Mr. Dukes if he
intended to close his business at the end of the lease. Mr. Dukes
responded that he wanted to continue to work as long as he could,
and he intended to renew his lease, but the Community
Development Board had placed that condition on the Use-by-
Exception.
Discussion ensued concerning the fact that Mr. Dukes had
operated an auto repair business for more than seventeen years in
violation of the city code without knowledge he was in violation.
Mayor Meserve suggested approving the Use-by-Exception. for
auto repairs as long as Mr. Dukes leases the property.
Amended Motion: Approve Use-by-Exception to allow
automotive repair and service in association with an existing
used car lot (Neptune Auto Sales, Inc.) on property within the
Commercial General (CG) zoning district located at 880
Mayport Road as recommended by the Community
Development Board, with the exception that Mr. Dukes be
allowed to continue the automotive repair service for as long
as he holds a lease to said property. (The Community
Development Board at their meeting held June 17, 2003,
approved the Use-by-Exception to the applicant only, William
Dukes, to allow far continuation of the automotive repair services
until December 07, 2004 and required that the site be cleaned
up).
There was no more discussion and the amended motion carried
unanimously.
B. Authorize the City Manager to execute a Professional
Services Agreement with the Northeast Florida Regional
Planning Council to assist in the preparation of the
Evaluation and Appraisal Report (EAR) based on
amendments to the adopted Comprehensive Plan (City
Manager)
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Motion: Authorize the City Manager to execute a
Professional Services Agreement with the Northeast Florida
Regional Planning Council to assist in the preparation of the
Evaluation and Appraisal Report (EAR) based on
amendments to the adopted Comprehensive Plan.
There was no discussion and the motion tamed unanimously.
C. Action on the request of Bestcon, Inc. to use a portion of the
unopened West 14tH Street right-of--way to construct a
landscaped walkway, a wooden pedestrian bridge and
platform to provide access to a creek connecting to the
Intracoastal Waterway (City Manager)
Motion: Approve request of Bestcon, Inc. to use a portion of
the unopened West 14t~ Street right-of--way to construct a
landscaped walkway, a wooden pedestrian bridge and
platform to provide access to a creek connecting to the
Intracoastal Waterway, as recommended in the Staff Report
dated June 25, 2003. (The Staff Report is attached and made
part of this official record as Attachment E. Item #2 was
amended to give the Homeowners Association 48 hours notice of
scheduled maintenance).
Paul Nichols, President of Bestcon, Inc., presented his request to use a
portion of the unopened West 14th Street right-of--way adjacent to his
Hidden Paradise Subdivision to construct a landscaped walkway, a
wooden pedestrian bridge and platform to provide access to a creek
connecting to the Intracoastal Waterway, to be used by the public and
maintained by the Hidden Paradise Homeowners Association.
Commissioner Waters stated he did not believe the walkway and bridge
would really be for public use. Mr. Nichols confirmed that the public
would be allowed to use the facilities.
Commissioner Beaver stated that he would like to be sure the facilities
were properly maintained and that the city would have the right to
remove the structures if they become in disrepair. He also felt the
platform should be removable to allow access for ditch maintenance by
the city's walking excavator.
Mr. Nichols stated that the structures would be removed for ditch
maintenance, with notice from the city to the Homeowners Association.
Discussion ensued. Commissioner Waters believed the city should give
forty-eight hours notice of proposed maintenance. Commissioner Borno
suggested that the bridge be built with a hinge to allow it to be lifted out
of the way.
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There was no more discussion and the motion carried unanimously..
D. Approve Change Order No. 1 for Relocation, Installation and
Coating of Elevated Storage Tank at Water Plant No. 1 in the
amount of $13,590 (Bid No: 0203-02 rebid) (City Manager)
Motion: Approve Change Order No. 1 for Relocation,
Installation and Coating of Elevated Storage Tank at Water
)?lant No. 1 in the amount of $13,590.
There was no discussion and the motion carried unanimously.
E. Appointments to the Cultural Arts and Recreation Advisory
Committee
Mayor Meserve stated that he would like to reappoint Ray Coleman,
Mazgazet Van de Guchte, Steve Piscitelli and James Strutchen to two-
year terms on the Cultural Arts and Recreation Advisory Committee.
Motion: Approve reappointments to the Cultural Arts and
Recreation Advisory Committee as recommended by the
Mayor.
Commissioner Beaver requested that if a vacancy occurs, consideration
be given to the appointment of Ingrid McCawley to the Committee.
There was no more discussion and the motion carried unanimously.
F. Approve for use and naming of the park at the flyover at the
intersection of Mayport Road and Atlantic Boulevard
(Mayor)
Mayor Meserve distributed maps of the flyover area showing the parcels
recently acquired by the city, which included a piece of land to the west
of the original park along Atlantic Boulevard that abutted the American
Legion pazking lot. Mayor Meserve stated that he had had informal
conversations with several local military organizations, as well as the
.Mayport Naval Station command, and they all supported the concept of
designating the area as a memorial pazk and naming it "Atlantic Beach
Veterans Memorial Park". He felt they would help with the design,
funding and maintenance of the park, and provide security for the area.
Mayor Meserve indicated that the area originally designated as a park
would be developed as a children's playground azea.
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Motion: Designate and name Parcels A,B, and C, located at
the intersection of Atlantic Boulevard and Mayport Road,
Atlantic Beach Veterans Memorial Park and authorize the
Mayor to negotiate with the local veterans groups for the
creation of a memorial area. (A copy of the map is attached
and made part of this official record as Attachment F).
There was no more discussion and the motion carried unanimously.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
Emergency Repair at Wastewater Plant
It was reported that emergency repairs totaling $19,230.40 were
made to stop a large leak in the air main going to the digester at the
Wastewater Treatment Plant.
Janitorial Services
It was reported that the city's current contractor providing janitorial
services had quit effective today, and a temporary purchase order
had been issued to Atlantic Coast for 30 days of janitorial service.
A staff report recommending a new contractor will be made at the
next Commission Meeting.
Air Show Agreement
It was reported that a draft agreement had been received from the
City of Jacksonville for the 2003 Air Show, which will be held at
the beaches. It was further reported that the City of Jacksonville.
Beach desired to amend several of the proposed provisions in the
agreement prior to its approval. The amended agreement will be
placed on a fixture agenda for Commission consideration.
New Web Page
It was reported that the city's new Web Page was now "live" and if
there were any comments or suggestions for improvements, they
should be passed on to staff.
10. Reports and/or requests from City Commissioners and
City Attorney
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Commissioner Beaver
• In response to an earlier comment made by Mr. Totter
that the citizens of Atlantic Beach wanted the
Commission to reduce taxes, Commissioner Beaver
stated that there was another segment of the community
that wanted the Commission to make decisions for
additional services and projects for their children that
would enhance their quality of life. He believed that was
what the Commission was doing with the one-half cent
sales tax funds.
Commissioner Borno
:• Reported there were 47 turtle nests on the beaches.
• Expressed concern for the use of illegal fireworks at the
beach and the large amount of debris left behind from
them. He believed citizens should abide by the law
regulating fireworks, but there were too many loopholes
in the law, which made enforcement difficult.
Commissioner Parsons
• Reported he had received no complaints conceming the
7`h Street beach access and stated that staff needed to
investigate the problem.
• Supported the new sign regulations, but regretted the
impact the sign had had on Wilson and Wilson's
business.
Commissioner Waters
• Believed the City of Atlantic Beach should monetarily
support the Jacksonville Beach Independence Day
fireworks display to ensure a successful celebration for
all beach residents, and the city should inquire early
concerning providing the support.
•: Suggested the city pay for a dinner for Alan Sowder and
his wife.
• Suggested that the city invite Paula Moody and Jamie
Putman to the appreciation reception. held in August for.
committee and board members.
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• Stated he did not know the motivation behind the
beautification project at the 7`h Street beach access when
it was approved, and indicated there were some rocks
placed along where people like to walk in a grassy area
and the City may receive complaints about this.
There being no further discussion or business to come before the
City Commission, the Mayor declazed the meeting adjourned at
9:48 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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