Minutes - 12-10-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, DECEMBER 10, 2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno ,
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Commissioner Borno was followed by the Pledge of Allegiance
to the Flag.
1. Approval of the minutes of the Regular Commission meetings
of November 26, 2001
Commissioner Borno requested that a scrivener's error in the last
paragraph on page 8 be corrected.
Motion: Approve the minutes of the Regular Commission
Meeting of November 26, 2001 as corrected.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
A. FDOT presentation regarding Mayport Road Traffic
Richard Coffman and Jim Scott of the Florida Department of
Transportation presented the findings of their Mayport Road
Bicycle/Pedestrian Safety Study. It was reported that the primary focus of
the study covered the azea of Mayport Road from Atlantic Boulevard to
Church Road. Crash statistics were provided and corrective measures
were explained in detail, included possible engineering, education and
enforcement solutions. The study is attached and made part of this
official record as Attachment A.
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December 10, .2001
Mayor Meserve, who serves on the MPO, felt some funding might be
available for the construction of medians, as well as beautification of
Mayport Road, and stated that he would put the item on a future agenda of
the MPO.
B. Mary Watson of the Beaches Area Historical Society with a
presentation regarding a Historic Buildings Project
Mazy Watson spoke concerning the Beaches Area Historical Society's
application for a grant in the amount of $31, 700 to provide for a survey of
structures over fifty years old in the cities of Atlantic Beach, Neptune
Beach, and Jacksonville Beach.
Ms. Watson indicated that after the survey was completed, historical
markers would be available for purchase with the proceeds being used to
publish a history book of the area for use by the beaches elementary
schools. A narrated video showing the history of the area would also be
produced.
Ms. Watson stated that she was requesting monetary support from each of
the beaches cities and indicated that the City of Atlantic Beach's share
would be $2,146.
A brief discussion ensued and Commissioner Waters suggested that the
city pay for its own historical mazkers. Mayor Meserve indicated that the
request would be brought back after completion of Commissioner Borno's
study addressing contributions to charitable organizations.
C. Ken Crevling of Urbanomics, with a Report on their Feasibility
Study Regarding a Community Center
Mr. Crevling outlined the key findings of the Atlantic Beach -Neptune
Beach Area Community Center Feasibility Study. Mr. Crevling indicated
that the study showed a high level of support for a community center. A
copy of the feasibility study is attached and made part of this official
record as Attachment B.
Mayor Meserve reported that the theater adjacent to the Pic `N Save
building had been sold and he would investigate the possibility of a joint
venture with the new owners to develop the site.
It was the consensus of the Commissioners to hold a Workshop Meeting
after the first of the yeaz to further discuss the findings of the study.
Victor Dorbu of D & L Enterprises presented a proposal for an
affordable housing duplex development located on Jackson Road. He
indicated that the development would be called La Bahia De Las Palmas.
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December 10, 2001
A brief discussion ensued and Mayor Meserve commended Mr. Dorbu for
the vision to bring the development to the area.
J. P. Marchioli of 414 Sherry Drive commended the City Manager for
the timely manner in which the washouts on Sherry Drive were filled in
with limerock. He also expressed concern that the proposed modifications
to the Fleet Landing weir would be too costly and would not achieve the
desired results. He felt it would be less expensive to use dams, pumps and
backflow preventers.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow Up Report on Issues from Previous
Meeting
City Manager Hanson briefly reviewed each item of his written report,
which is attached and made part of this official record as Attachment C.
In addition to his written report, City Manager Hanson provided the
following information:
Distributed a revised map showing the city-owned property
adjacent to Jordan Park.
Reported that he-had spoken with former Commissioner
Mitchelson concerning the Beach Renourishment Conference in
Biloxi, Mississippi in January and was informed the September
conference was better in that it dealt with policy rather than the
technical aspects of beach renourishment. He suggested that one
of the Commissioners might wish to attend the September
conference.
• Reported that the Corps of En~ineers bid opening had been
postponed from December 18t to the 27~' in order for them to
survey how much beach sand had been lost during recent storms.
He indicated that he would keep the Commissioners informed.
• Reported that Jacksonville Mosquito Control had been unable to
do .aerial spraying prior to December 6`i' due to high winds.
• .Public Works Director Kosoy reported that the Sherry Drive
project had experienced further delays since the contractor could
not complete his work until BellSouth moved their telephone lines.
He also reported that the remaining connections to the waterlines.
would be made after the holidays.
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December 10, 2001
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Code
Enforcement, Occupational License, Public Safety and
Public Works Departments (City Manager)
B. Approve aOne-Year Extension of the Welding Contract
with Viaplex, Inc., at the Current Contract Prices (City
Manager)
Motion: Approve Consent Agenda Items A and B as
presented.
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:
A. Ordinance No. 60-Ol-il Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DWAL, STATE OF FLORIDA,
AMENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES, ARTICLE I, SECTION
17-17, TO PROVIDE. FOR THE TREATMENT OF NON-
CONFORMING SIGNS; PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
DATE (City Commission)
Motion: Approve Ordinance No. 60-01-11 on final
reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience. No one spoke for or against the
ordinance and the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 45-O1-16 Introduction and First Reading
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 20, TAXATION, AMENDING
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December 10, 2001
SECTION 20-59, SCHEDULE OF FEES; AND
PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance 45-01-16 on first reading.
Mayor Meserve explained that the ordinance would delete the
requirement for City Commission approval of car washes and
indicated that the public hearing for the ordinance would be held
Januazy 14, 2002.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 80-01-64-Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 22,
UTILITIES, ARTICLE I, IN GENERAL, SECTION 22-3
VOLUNTARY COLLECTION PROGRAM/TRUST
FUND TO ASSIST NEEDY WITH UTILITY BILLS,
CHANGING REQUIREMENTS ON THE CONTRACT
FOR SERVICES; AMENDING SECTION 22-4,
AUTHORITY TO ADJUST CHARGES IN
APPROPRIATE CASES, ADDING PROVISIONS TO
EXTEND DUE DATES AND WAIVE PENALTY
CHARGES IN APPROPRIATE CASES UNDER
CERTAIN CIRCUMSTANCES, AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance No. 80-01-64 on first
reading.
Commissioner Waters inquired concerning the changes in Section 22-
3 of the ordinance and asked if Commission approval should be
required. Finance Director VanLiere responded that the amount of
money for the Voluntary Collection Program was less than $10,000
and Commission approval had not been given in the past.
Following a brief discussion the Mayor indicated that the final
reading and public hearing would take place on January 14, 2002
There was no further discussion and the motion carried unanimously.
8. Miscellaneous Business:
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December 10, 2001
A. Appointments to the Community Development Board
Mayor Meserve indicated that he would like to reappoint Steven
Jenkins and Craig Burkhart to four-year terms on the Community
Aevelopment Board.
Motion: Reappoint Steven Jenkins and Craig Burkhart to
four-year terms on the Community Development Board.
There was no discussion and the motion carried unanimously.
B. Authorize the Mayor to sign the Memorandum of
Agreement for "Duval Prepares" Community-based
Hazard Mitigation Planning Project (City Manager)
Motion: Authorize the Mayor to sign the Memorandum of
Agreement for "Duval Prepares" Community-based
Hazard Mitigation Planning Project.
Commissioner Waters commented that citizens should be appointed to the
committee to protect "the little guy".
There was no further discussion and the motion carried unanimously.
C. Authorize the City Manager to execute the contract with
Waitz & Moye to complete the Permit Renewal Studies
for Wastewater Treatment Plant No. 2 in an amount not to
exceed $16,000, under their continuing contract (City
.Manager)
Motion: Authorize. the City Manager to execute the contract
with Waitz & Moye to complete the Permit Renewal Studies
for Wastewater Treatment Plant No. 2 in an amount not to
exceed $16,000, under their continuing contract.
There was no discussion and the motion carried unanimously.
D. Approve increasing the budget by $3,224 for the purchase of a
lifeguard truck
Motion: Approve increasing the budget by $3,224 for the
gurchase of a lifeguard truck.
There was no discussion and the motion carried unanimously:
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December 10, 2001
E. Approve donation of bicycles from the Police Department to
.charitable organizations for distribution to needy children
(City Manager)
Motion: Approve donation of bicycles from the Police
Department to charitable organizations for distribution to
needy children.
There was no discussion and the motion carried unanimously.
F. Authorize the Purchase of M-26 Advance Triers for the Police
Department at a Cost of $28,000 (City Manager)
Motion: Authorize the purchase of M-26 Advance Triers for
the Police Department at a cost of $28,000.
Following brief discussion and the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson summarized his written report and updated the
Commissioners on the following item(s):
Reported that the City of Jacksonville was unwilling to waive
the proposed 5% franchise fee, which applied to water and
sewer customers outside the city limits of Atlantic Beach. He
further indicated that the effective date of the Jacksonville
Franchise Ordinance would be changed to Apri12002, which
would give the Commission time to decide whether or not to
pass along the franchise costs to water and sewer customers.
The City Manager's report is attached and made part of this
official record as Attachment D.
Mayor Meserve stated that he was not in favor of passing
along the additional 5% to customers who were already
paying a 25% fee and requested the Commission consider
absorbing some of the $125,000 fee. Commissioner Beaver
requested information concerning how the 25% fee was
established. He felt the information would aid in the decision
making process.
A. Report on effluent copper permit limitations at
Wastewater Treatment Plant No. 2
Donna Kaluzniak, Utilities Director, explained that the
Department of Environmental Protection (DEP) had included
an administrative order (AO) as part of the permitting process
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December 10, 2001
because previous monitoring indicated an elevated level of
copper in the effluent. The AO also required quarterly
monitoring and set a December 31, 2001 deadline to meet the
permitted level of copper:
Utility Director Kaluzniak indicated that staff and Waitz and
Moye personnel had met with the DEP and they agreed to
extend the deadline in order to allow the city to explore
options to meet the copper limitation requirement. Ms.
Kaluzniak's report is attached and made part of this official
record as Attachment E.
B. U.S. Lifesaving Association National Certification
• Chief Thompson explained that extensive training was
involved in receiving this certification, which allowed the city
to provide a higher level of service. He further reported that
Atlantic Beach was one of a few seasonal agencies in the
United States to receive this certification.
C. Boat Parking -Residential side lot line requirement
Community Development Director Doerr stated that she
wished to clarify the Commission's intent concerning the
requirements for parking of boats, boat trailers and
recreational vehicles in residential zoning districts and
explained the current setback requirement relative to the side
lot line on corner lots.
Commissioner Beaver stated that he would like to amend the
ordinance relative to side yard pazking and requested that
enforcement be suspended pending the amendment. It was
the consensus of the Commission that Section 24-163 (b)(2)
of the ordinance be amended to delete the 15-foot setback
requirement for side yards on corner lots. Community
Development Director Doerr was directed to draft an
ordinance reflecting the change.
It was reported that the bids for the Selva Manna Streets
Improvements Project were unacceptable due to technical
problems. Staff is working with the low bidder to resolve the
problems and this matter will be brought back to the City
Commission in Januazy.
10. Reports and/or requests from City Commissioners and
City Attorney
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December 10, 2001
Commissioner Beaver
• Suggested that the Community Centers mentioned in the
Urbanomics report be contacted to receive their input on any
specific issues or anything they would have done differently
relative to the operation of a community center.
Commissioner Borno
• Inquired concerning the unpaid taxes on the Selva Marina
Streets. City Manager Hanson indicated that the city had
submitted the required documents to the City of Jacksonville
and was waiting for their response.
Requested that the two most populaz chairs be brought back
and a decision made relative to replacing the Commissioners'
chairs.
Commissioner Parsons
• Indicated that he had been informed that local businesses were
losingbusiness to Neptune Beach because the city's alcoholic
beverage law was more stringent. He suggested amending
Atlantic Beach's ordinance to conform with Neptune Beach.
Chief Thompson explained the ordinance from each city.
Mayor Meserve requested that the amended ordinance be
brought back in Januazy.
Indicated that he would like the Commission to consider going
back to twice a week yard waste pick up.
Commissioner Waters
• Suggested that the Mayor discuss with Mayor Delaney the
possibility of putting up Christmas decorations on Atlantic
Boulevazd with costs being shared with Jacksonville, Neptune
Beach and Atlantic Beach.
• Requested that the land the city swapped with Beaches Habitat
be incorporated into Jordan Park to prevent any fixture sale of
.the property. He indicated he would follow-up on this matter.
• Inquired if something could be done to alleviate flooding of
Seminole Road and Atlantic Boulevard and was advised that it
would be addressed in the Stormwater Master Plan presently
under development.
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December 10, 2001
Mayor Meserve
• Reported that a CRA Study would be conducted for Mayport
Road beginning in January and would take approximately nine
months to complete.
• Reported that the three beaches cities were looking toward
establishing community-wide bike paths.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:35 p.m.
Attest:
John Meserve
Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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