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, JUNE 24, 2002
PRESENT: John Meserve, Mayor
Mike Borno
Paul Parsons and
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerlc
ABSENT: Richard Beaver, Mayor Pro Tem
Mayor Meserve called the meeting to order at 7:15 p.m. The invocation;
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission meeting of
June 10, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of June 10, 2002 as presented.
The motiom carried unanimously.
Mayor Meserve announced that at the request of Bestcon, Inc., Item 8B
was being deferred to the next meeting.
2. Courtesy of the Floor to Visitors:
A. Proclamation declaring the month of July as Recreation and
Parks month in Atlantic Beach (Mayor)
Mayor Meserve read the proclamation in its entirety proclaiming July as
Recreation and Parks Month in Atlantic Beach and presented the
document to Parks and Recreation Director Timmy Johnson.
Parks and Recreation Director Johnson thanked the Commissioners for
recognizing the importance of pazks and recreation programs. He also.
thanked his employees for the work they perform to maintain the parks,
and urged the citizens of Atlantic Beach to take advantage of the city's
wonderful parks system.
V `C~
O Q
T T
E E
S s
M S
O E
T c
I 0 Y
0 N E N
N D S Q
COMMISSIONERS
soRrro X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -2-
June 24, 2002
Item 6A was taken out of sequence and acted on at this time.
6A. Resolution No. 02-12
A RESOLUTION OF ESTEEM RECOGNIZING THE
SERVICE OF ALICE GARTLAND ON THE
CULTURAL ARTS BOARD (Mayor)
Motion: Approve Resolution No. 02-12.
Mayor Meserve read the resolution in its entirety and presented the
document to Mrs. Gartland. He thanked her for her manyyeazs of service
on the Cultural Arts Board and for being instrumental in bringing the arts
to the city.
Mrs. Gartland thanked the city for the privilege of serving on the Cultural
Arts Board.
Sylvia Simmons, 211. Beach Avenue, reported that she had experienced
poor gazbage and recyclables pick up.
Bill Gulliford of 75 Beach Avenue expressed concern that motorists were
not obeying the stop sign at the comer of Beach Avenue and Ahern Street.
Don Howell of 44 Stn Street reported that his neighbors took up the beach
parking spaces by his home and indicated that he had also experienced
problems with garbage and recyclables pick up.
Dick Hilliard of 338 11tH Street complimented city crews for their work
with the Menzi Mucker to cleaz drainage ditches. He also reported several
problems with the work on Sherry Drive and provided photographs of
cracked cement and raised manhole covers. Mayor Meserve indicated. the
city was aware of the problems and they were being addressed.
Kelly Elmore of 1650 Beach Avenue spoke concerning providing
additional beach access parking and urged the Commissioners to keep it
the way it is. He felt the peace and tranquility of the city should be
maintained and no additional parking provided. He suggested that a
shuttle service be run from city hall parking lot to the beach.
Alan Dickinson, f66 North Highway AlA, Ponte Vedra Beach,
developer of the North Beach Center at the old Pic `N Save building,
thanked Community Development Director Doerr for her assistance to
resolve the loading issue with his project. He then requested Commission
approval to exceed the 35' height limitation for the art deco fagade
element of the proposed building.
OMMISSIONERS M
O
T
I
O
N S
E
C
0
N
D
Y
E
S
~._
N
O
BORNO X X
.PARSONS X
WATERS X X
MESERVE X
Minutes Page -3-
June 24, 2002
Mayor Meserve indicated that, pursuant to Robert's Rules of Order, any
Commissioner who voted on the prevailing side during the previous
meeting could bring this matter back for reconsideration.
Bryan Barker, 609 Beach. Avenue, supported earlier comments
concerning parking and stated that he did not want increased traffic on
Beach Avenue.
Rod Chaplin of 255 Plaza also agreed with earlier comments and stated
that he was opposed to providing additional parking.
Pat Pillmore of 995 Camelia Street felt parking areas should be clearly
mazked and that bike paths, bike lanes and mass transportation should be
provided to allow citizens to get to the beach from the west side of town.
Ms. Pilhnore also reported that the Mass Transit Study had chosen a route
that went all of the way to the beach.
J.P. Marchioli of 414 Sherry Drive thought the radio station property
(Item 7A) would be grandfathered in, and the owners should be allowed to
build to the maximum height of 35', if they wanted to.
He stated that he was more concerned for safety at beach accesses than
parking. He felt logs and rocks on the rights-of--way were dangerous and
should be removed. Mr. Marchioli inquired as to why only two parking
spaces were provided at the forty foot wide 4th Streebbeach access:
Bob Totterof 275 11`n Street felt parking regulations should apply
equally to all areas of the city. He also inquired concerning the widths of
streets at the beach.
Stephen Kuti of 1132 Linkside Drive inquired if the problems
experienced on Sherry Drive were the result of poor design or execution of
the project. He felt there was an engineering problem and. inquired if a
permit had been issued for the rest of the core city project.
Mr. Kuti also complained about overflow from manually filling the city's
water tank causing manhole covers in his neighborhood to pop up; he also
complained that a sprinkler had ran for days on the Public Works'
property.
3. Unfinished Business from the previous meetings
A. City Manager's follow up report on issues from previous
meetings
OMMISSIONERS M
O
T
I
O
N S
E
C
0
N
D
Y
E
S
N
O.
Minutes Page -4-
June 24, 2002
City Manager Hanson reported on the continued conversations with
representatives from the FDOT, the landscape contractor for the. Atlantic
Boulevard medians, and Neptune Beach Officials concerning the City of
Atlantic Beach taking over maintenance of the landscaped areas of the
new flyover. The City Manager's follow-up report concerning
maintenance of the flyover is attached and made part of this official record
as Attachment A. City Manager Hanson indicated that the maintenance
agreements would be available for Commission review and approval at the
next meeting.
Water/Sewer Rate Study
In addition to the written report, City Manager Hanson indicated that the
city had received one proposal, from Burton and Associates, to perform a
water and sewer rate study for the city. He reported that the company had
performed extensive work in this area and the total cost for the study
would be from $16,000 to $16,500, including software to download
information from the city'sbilling system to the consultant's system.
City Manager Hanson indicated that he would like to continue with the
work and have the information available during budget review.
There were no Commission objections to hiring Burton and Associates to
perform the study.
Sherry Drive Report
Public Works Director Kosoy reported that the contractor was in the
process of correcting elevation problems at the intersections of First,
Third, Fourth and 5` Streets. He stated that the six to seven inches of rain,
which occurred in an hour on Wednesday, was more than the system could
handle when properly working with the plugs open to Howell Park at 5`}'
and 7`h Streets.
Public Works Director Kosoy indicated that the outfalls were plugged, as
required by the SJRWMD permit, and there were only 15" pop-off drains
at the 5`h and 7~' Street locations to handle. the water. He further reported
that the outfalls would remain plugged until the weir at Fleet Landing was
reconfigured and the baffle boxes to control sediment were installed at 5`I'
and 7`h Streets.
Mr. Kosoy fitrther stated that he had notified the SJRWMD of the
problems during the storm and neither David Miracle nor Hugh West, the
city's Compliance Director, were available at that time but subsequently
approved the actions. taken by staff. It was reported that the work
completed last week was performed on an emergency basis and was not
the fault of the contractor, but an Act of God.
OMMISSIONERS M
O
T
I
O
N S
E
C
0
N
D
Y
E
S
N
0
Minutes Page -5-
June 24, 2002
Commissioner Parsons inquired as to which part of the core city project
would be completed first. Public Works Director Kosoy indicated that
work on the weir and. baffle boxes would be completed first, with work
scheduled to begin in mid-July. Commissioner Parsons also inquired
regazding the cracked cement.. Public Works Director Kosoy stated that he
was aware of the problem, and it would be addressed by the contractor.
Commissioner Waters reported a flooding problem at the comer of
Atlantic Boulevard and Seminole Road during the height of the storm.
Public Works Director Kosoy indicated that he would look into this
matter.
B. Report and possible action regarding the use and availability
of city rights-of--way for public parking (City Manager)
Chief Thompson reported that discussion of the use ofcityrights-of--way
was a complicated issue and stated there should be a uniform policy
throughout the city concerning the availability of public parking and the
placing of obstacles on rights-of--way to prevent parking. He also indicted.
that guidelines were needed concerning planting onrights-of--way. Power
Point photographs showing right-of--way obstructions were displayed.
Chief Thompson's report is attached and made part of this official record
as Attachment B.
Commissioner Waters felt the city could not ignore the problem. He
indicated that the beach was renourished by tax dollars so the citizens of
Atlantic Beach, as well as those of other cities and states, could enjoy the
beach. He felt minimal standards should be maintained to prevent future
loss ofparking spaces.
Commissioner Pazsons suggested grandfathering in existing landscaping
and protecting existing pakking spaces.
Mayor Meserve accepted the report and stated that if any Commissioner
wished to bring this item back for action at a future meeting, appropriate.
notice would be given and everyone would have an opportunity to speak at
that time.
Commissioner Waters suggested a workshop be scheduled to address the
issue and then bring it back to the public.
Mayor Meserve indicated that Item 7A would be taken ouf of sequence
and heazd at this time.
7A. Ordinance No. 90-02-171 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
Q
Minutes Page -6-
June 24, 2002
ADOPTING ORDINANCE NO. 90-02-171, REZONING
LANDS AS DESCRIBED HEREINAFTER FROM THE
PRESENT ZONING CLASSIFICATION OF OPEN
RURAL (OR) TO SPECIAL PURPOSE (SP); FINDINGS
OF FACT; PROVIDING FOR SPECIAL CONDITIONS;
REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve indicated that the applicant wished to withdraw the
request for the rezoning and leave the property zoned as it is. Steven
Diebenow, the attorney representing Queen of Peace Radio Station,
confirmed that his client wished to withdraw the request.
Mayor Meserve opened the floor for a public hearing. J.P. Marchioli
of 414 Sherry Drive felt it was discriminatory not to allow the
applicant to build a 35' tall building. He felt the property should be
grandfathered in. Pat Pillmore suggested placing fill on the site.
.There were no further comments and the Mayor closed the public
hearing.
There was no discussion and no action was taken since the requested
rezoning was withdrawn.
4. Consent Agenda:
A. Acknowledge receipt of the following monthly reports:
Building Department, Recreation Department, Public
Safety Department and report of Utility Sales (City
Manager)
B. Acknowledgexeceipt of the annual actuarial reports for
the city's General Employee and Police Employee Pension
Plans (City Manager)
C. Acknowledge receipt of first draft of proposed new sign
ordinance (City Manager)
D. Authorize the City Manager to sign the Form DR-420
Certification of Taxable Value (City Manager)
E. Approve application for $90,000 in Local Law Enfocement
Block Grant funds through the City of Jacksonville for
purchase of emergency communication equipment in
FY2002-2003 (City Manager)
F. Approve extension of the contract with RUS Uniforms of
Gainesville, which merged with Cintas Corporation, for
uniform rental and cleaning for city employees for a
period of one year at the current cost estimated at $9,500
(Bid No. 0001-2 (City Manager)
G. Award annual contract for chlorine and sulfur dioxide to
Jones Chemical, Inc. iq the unit prices listed in the bid at
OMMISSIONERS M
O
T
I
O
N S
E
c
O
N
D
Y
E
S
N
O
Minutes Page. -7-
June 24, 2002
an estimated total amount of $26,600, pursuant to the
specifications of Bid No. 0102-20 (City Manager)
H. Reject the sole bid received for the replacement of force
main from Lift Station B under Bid no. 0102-17 and
authorize staff to rebid the project (City Manager)
Motion: Approve Consent Agenda Items A-H as
presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
Audit Committee
A. Action on the Audit Committee's recommendation to hire
James Moore and Company as the city's auditors (City
Manager)
Commissioner Pazsons reported that the Audit Committee met on
June 17 and 18, 2002 to interview the following companies:Davis
Monk and Company; Masters, Smith & Wisby, P.A.; and James
Moore & Company, P.L. A copy of the minutes of the Audit
Committee Meetings of June 17 and 18, 2002 is attached and made
part of this official record as Attachment C. Commissioner Parsons
stated that the Audit Committee felt all of the companies were well
qualified, but after considering each company's experience, it was
determined that James Moore & Company, P.L. possessed the
necessary skills and experience to be the auditors for the City of
Atlantic Beach. Commissioner Pazsons indicated thatFinance
Director VanLiere had checked the company's references and all
reports were favorable.
Commissioner Parsons reported the cost for the first year auditing
services would be $29,550, with a total cost of $130,185 for the initial
contract term of four years, with an extension of two.. yeazs, if desired.
Motion: Accept the Audit Committee's recommendation
and hire James Moore and Company, P.L. as the city's
auditors at a cost of $130,185 for the initial contract term
of four years, with possible extension of two years
There was no discussion and the motion carried unanimously
6. Action on Resolutions
Resolution No. 02-12 was taken ouf of sequence and approved under
Item 2, Courtesy of the Floor to Visitors.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
q
BORNO X X
PARSONS X
WATERS X X
MESERVE X
BORNO X X
PARSONS X X
WATERS X
MESERVE X
Minutes Page -8-
June 24, 2002
A. Resolution No. 02-12
A RESOLUTION OF ESTEEM RECOGNIZING THE
SERVICE OF ALICE GARTLAND ON THE
CULTURAL ARTS BOARD (Mayor)
B. Resolution No. 02-13
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, RESCINDING ALL PREVIOUS
LEGISLATION REGARDING THE RECREATION
ADVISORY BOARD AND THE CULTURAL ARTS
BOARD; CREATING A NEW CULTURAL ARTS AND
RECREATION ADVISORY COMMITTEE,
PROVIDING FOR PURPOSE, MEMBERSHIP, AND
RESPONSIBILITIES OF SAID COMMITTEE, AND
PROVIDING AN EFFECTIVE DATE (Comm. Borno)
Commissioner Borno indicated that Resolution No. 02-13 needed
additional wording and requested that it be deferred to the. next
meeting.
Motion: Defer action on Resolution No. 02-13 to the July
8, 2002 Commission Meeting.
Commissioner Waters felt members on the new committee should be
allowed to serve longer than two, two-yeaz terms and suggested two
four-year terms. He also felt a Commission Liaison should be
appointed to work with the committee.
Mayor Meserve suggested the Commissioners seek out citizens who
would be willing to serve on the committee.
There was no fiuther discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-02-171 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE NO. 90-02-171, REZONING
LANDS AS DESCRIBED HEREINAFTER FROM THE
PRESENT ZONING CLASSIFICATION OF OPEN
RURAL (OR) TO SPECIAL PURPOSE (SP); FINDINGS
OF FACT; PROVIDING FOR SPECIAL CONDITIONS;
REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
Y
4
soRNO x x
PARSONS X X
WATERS g
MESERVE g
Minutes Page -9-
June 24, 2002
Item 7A, Ordinance No. 90-02-171 was taken out of sequence and
discussed under Item 3, Unfinished Business from Previous Meetings.
At the request of the applicant, .this item was: withdrawn.
B. Ordinance No. 65-02-30 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, CLOSING, VACATING AND
ABANDONING A CERTAIN PORTION OF CYPRESS
STREET, AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 65-02-30 on £rst
reading.
Public Works Director Kosoy explained that in 1990 water and sewer
was extended to the area and a 6" water line was installed in 1997
after receiving an easement from the property owner at that time. In
1999, at the request of the property owner to the north, the
Commission authorized staff to coordinate with the City Attorney the
prepazation of ordinance and easement documents to abandon a
portion of the right-of--way at the end of Cypress Street. In April of
2000 it was realized that there were conflicting surveys for the
easements and a new survey for the proper easement was completed
with a new map for the parcel in 2001.
Public Works Director Kosoy pointed out that an easement needed to
be retained by the city through the pazcel being abandoned.
A brief discussion ensued concerning the location of the easement,
landlocked property and who would gain the abandoned right-of--way.
There was no ftuther discussion and the motion carried unanimously.
C. Ordinance No. 5-02-37 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING SECTION 2-2 OF
THE ATLANTIC BEACH CODE, CHARITABLE
CONTRIBUTIONS PROHIBITED, AND PROVIDING
AN EFFECTIVE DATE (Comm. Borno)
Mayor Meserve read the ordinance by title only and announced that
the public hearing and final reading would take place on July 8, 2002..
Motion: Approve Ordinance No. 5-02-37 on first reading.
OMMISSIONERS M
O
T
I
O
N S
E
C
0
N
D
Y
E
S
N
O
BORNO X X
PARSONS X
WATERS X X
MESERVE X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -10-
June 24, 2002
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Designate Commissioner Waters as Atlantic Beach's voting
delegate to the 76th Annual Conference of the Florida League
of Cities
Motion: Approve Commissioner Waters as Atlantic Beach's
voting delegate to the 76th Annual Conference of the Florida
League of Cities.
.Mayor Meserve thanked Commissioner Waters for representing the city at
the conference.
There was no discussion and the motion carried unanimously.
B. .Action on a request by Bestcon, Inc. to vacate portions of
West 14th Street and Laurel Way (Tulip Street) within the
Hidden Paradise Subdivision and Atlantic Beach Section
"H" Subdivision (City Manager)
As announced at the beginning of the meeting, this item was deferred
until the July 8, 2002 Commission Meeting at the request of the
developers.
9. City Manager
City Manager Hanson reported on the following items:
• Reminded the Commissioners of the S:OO p.m. workshop on
July 15t to discuss use of the Better Jacksonville Half Cent
Sales Tax, and suggested that a shade meeting to discuss
union negations be scheduled after the workshop. There were
no objections to scheduling the shade meeting.
•:~ Reported that the next Bikeways Meeting would be held at the
Sea Turtle hm on Thursday, June 27th at 7`.00 p.m.
• Reminded the Commissioners of the Dewees/CoquinalShell
Street property owners meeting in the Commission Chambers
on Saturday, June 29`h at 10:00 a.m.
10. Reports and/or requests from City Commissioners and
City Attorney
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
.
N
O
Eoxrro x x
PARSONS X X
WATERS. X
MESERVE X
Minutes Page -11-
:June 24, 2002
City Attorney Jensen
• City Attorney Jensen advised that. after the workshop, the
Commissioners would have to convene a special called
meeting and adjourn into the shade meeting.
City Clerk King
• Reminded the Commissioners that their Financial Disclosure
Forms were due July 1St.
Commissioner Waters
• Stated that because the city has no policy concerning beach
parking, it may actually lose parking if the proposal of the
Dewees/Coquina azea residents received Commission
approval.
•S Suggested that a policy for beach pazking be discussed when
the sign ordinance is considered
• Suggested that the Commission reconsider twice a week yard
trash pick up.
Commissioner Parsons
• Reported that the Core City project turtle logo was on disc.
:• Stated that he had inspected azeas of the city after the heavy
rain and had met with some citizens on 9`" Street who still did
not know anything about the core city proj ect and hooking up
to the city's drainage system from their back yards.
Community Development Director Doerr
• Indicated that the meeting concerning the Sign Ordinance
should be a Joint Workshop with the Community
Development Board.
Mayor Meserve
• Commended Public Works Staff for their handling of the
flooding situation on Sherry Drive.
OMMISSIONERS M
O
z
I
O
N S
E
c
O
N
D
Y
E
S
N
Q
.Minutes Page -12-
June 24, 2002
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:00 p.m.
John Meserve
Attest: Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
OMMISSIONERS M
O
T
I
0
N S
E
C
O
N
D
Y
E
&
N
O