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 08, 2002
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons and
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.
Approval of the minutes of the Regular Commission meeting of
June 24, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of June 24, 2002 as presented.
The motion carried unanimously.
Employee of the Year
Mayor Meserve announced that Edie Mickey, Purchasing Agent for the
city, had been chosen the city's Employee of the Yeaz. Mayor Meserve
presented Ms. Mickey with a plaque and stated that she was chosen for her
customer service to the citizens and employees of the city.
City Manager Hanson commended Ms. Mickey for the j ob she does for
the City.
2. Courtesy of the Floor to Visitors:
Sally Clemens of 1638 Park Terrace West spoke concerning Item 8D
and stated that the city had recently lost another prominent resident, Dr.
McKay, and suggested that a Remembrance Plaque be installed at the
Adele Crrage Cultural Center as a memorial to Mr. Chaplin, instead of
planting a tree. She also felt. Dr. McKay should be honored in some way.
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Donna Gill of 379 Skate Road reported concerning speeding problems on
Skate Road. Mrs. Gill provided statistical information compiled by the
Police Department concerning increased incidents of speeding between
September 2001 and May 2002. She read a petition signed by the
residents of Skate Road requesting the city provide better safety for the
area.
Mayor Meserve indicated that the city would look into the request.
Bob Totter of 275 ii`h Street opposed the city subsidizing hotels for
advertising campaigns to bring business to the three beach cities (Item
8E).
Alan Potter of 374 Second Street felt that a resolution could not rescind
previous legislation (Item 6A).
Alan Dickinson, 166 North Highway AlA, Ponte Vedra Beach,
developer of the North Beach Center at the old Pic `N Save building
requested Commission approval to exceed the 35' height limitation and
build a 46', aesthetically pleasing, art deco facade element on the
proposed building. He felt the building lost its "flair" if the facade
element was less than 35' and indicated that North Beach Center would be
a family oriented, upscale development.
Stephen Kuti of 1132 Linkside Drive supported Alan Dickinson's
request (Item 8C) and stated that the taller facade would not negatively
impact anyone since the building was located in a commercial area.
Robert Nelson of 309 Second Street spoke in support of planting a tree;
with or without a plaque, as a memorial to Rod Chaplin (Item 8D).
Tom Goodrich of 1907 Creekside Drive spoke concerning the many
philanthropic activities performed by Mr. Chaplin and urged Commission
support of a memorial in his honor.
Mayor Meserve announced that Items 8A and 8B would betaken out of
sequence and acted on at this time. .Items 8A and B were discussed and
acted on concurrently.
SA. Public Hearing as to the propriety and advisability of making
certain improvements in sections of Selva Marina and as to the
cost and method of payment therefore
This public hearings in SA and 8B were held pursuant to the requirements
of Florida Statutes Sec. 107.07, proper notice having been given by letter
to the property owners and by legal notices published in the Beaches
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Leader on June 21 and June 28, 2002, and in the Times Union Shorelines
on June 22 and 29, 2002.
Mayor Meserve explained the requirements to hold the public hearing and
explained that the City Commission had previously voted on the
advisability of making the Selva Manna streets improvements. Mayor
Meserve reported that the project was completed with the input from the
Commissioners and many citizens who live in the area. He further
reported that all meetings were advertised and open to the public and
citizens affected by the proposed assessments had numerous opportunities
to speak concerning the improvements.
Mayor Meserve reported that the original estimate for the individual
assessments was at approximately $2,000 per unit, and through cost saving
efforts and competitive bidding, the 131 residents would now be assessed
$497.75 per unit.
Commissioner Borno reiterated the Mayor's comments and pointed out
that the Committee had worked diligently to determine that the
neighborhood project would be assessed equally among the 131 residents.
He indicated that when taking everything into consideration, the
Committee felt everyone in the long run benefited from the project.
Commissioner Parsons stated that he was not oh the Commission when the
assessments were determined, but he felt those residents who lived on
Selva Manna Drive did not benefit from the project.
Commissioner Waters provided background information concerning
development of the Selva Manna area and stated he felt that it was
important for the residents who live on Selva Marina Drive to realize they
were not paying twice for improvements in the area. Commissioner
Waters believed the assessments were fair and everyone would benefit,
either directly or indirectly, from increased property values, improved
streets and drainage and new street lights.
Mayor Meserve opened the floor for a public hearing and invited
comments from those present.
Note: Comments made by the public under the agenda item Courtesy of
the floor to Visitors, are listed below.
William McGee of 1831 Selva Marina Drive spoke in opposition to the.
special assessment and stated it was unfair to assess the residents on Selva
Manna Drive for improvements to the surrounding area.
Wendell Sheppard of 1927 Selva Marina Drive also felt the residents of
Selva Manna Drive should not be assessed. He felt the residents of Selva
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Marina Drive were not receiving the same benefits as the other property
owners.
John Mann of 1907 Hickory Lane stated that he was a ten year resident
of the azea and was very happy with the work. He stated that he
appreciated the actions of the Commission to complete the project. Mr.
Mann felt the assessment was fair and benefited the entire community.
Jenny Gabrynowicz of 1907 North Sherry Drive thanked the
Commission for completing the project. She felt the assessment was fair
and that everyone should be assessed.
Keith Falt of 1940 North Sherry Drive commended the city for the
project. He indicated that he worked with Commissioner Borno on the
Selva Marina Streets Committee and many hard decisions and
compromises had been made to arrive at the assessments. He felt
assessing everyone the same amount was fair.
Alan Potter of 374 Second Street felt the residents whose property
abutted Selva Marina Drive did not benefit from the project and should not
have to pay the special assessment and questioned the propriety of not
including the assessment information with the agenda packet.
Stephen Kuti of 1132 Linkside Drive felt the residents living on Selva
Marina Drive should not be assessed and the developer should pay their
costs.
Jim Jones of 1861 Selva Marina Drive felt he derived no direct benefit
from the project and should not be assessed.
Tom Goodrich of 1907 Creekside stated he was very happy with the
project and he felt the assessment was fair.
Since no one else wished to speak further, the Mayor declared the public
hearing closed.
Motion: Accept the Selva Marina water, stormwater and
street improvements based on the cost of the special assessment
being spread equally among the one hundred thirty-one
property owners as the method to calculate the individual
assessments.
Mayor Meserve indicated that the Selva Marina Streets issue had been an
on-going development problem for more than twenty yeazs and this
Commission, with the help of the Selva Marina Streets Committee, had
brought the problem to a conclusion. He felt that no system to calculate.
the assessment would guarantee absolute fairness and indicated that
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dividing the total cost of the assessments among all of the residents was
the method of calculation chosen by the Selva Marina Streets Committee
and Commission as most equitable.
There was no more discussion and the motion carried unanimously.
8B. Public Hearing to hear and consider any and all
complaints as to the special assessments, and action by the
City Commission meeting as an equalizing board, to adjust
and equalize the assessments in the Selva Marina
improvements project
Public notice of this public hearing was given in the same
manner and dates as indicated for the previous public hearing.
Mayor Meserve opened the floor for a second public hearing.
William McGee of 1831 Selva Marina Drive reiterated his previous
position that it was unfair to assess the residents of Selva Marina
Drive who received no direct benefit from the improvements.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
Sitting as an equalizing board, the City Commission then considered the
public comments and acted on this matter as follows:
Motion: Equalize the assessments for the Selva Marina Streets
Project based on the cost of the special assessment being
spread equally among the one hundred thirty-one property
owners as the method to calculate the individual assessments,
resulting in one hundred thirty-one equal assessments of
$497.75 as calculated and presented by staff
Commissioner Beaver. concurred with the Mayor and stated that the
assessments should be kept equally divided among the property owners.
He recounted the process to bring the project to completion, and stated
that the project came in extremely under-budget, was a very fair
arrangement for the entire development, and the improvements also.
resolved previous fire safety and garbage collection issues for everyone.
Commissioner Pazsons felt the property owners living on Selva Marina
Drive received no direct benefits from the project and should not have to
pay the special assessment.
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Commissioner Waters inquired when the street lights would be installed
in the area. City Manager Hanson stated they were not part of the special
assessment and would be installed at a later date.
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.
3. Unfinished Business from the previous meetings
A. City Manager's follow up report on issues from previous
meetings
City Manager Hanson commented on each item of his written report. The
report is attached and made part of this official record as Attachment A.
Police LLEBG Grant
Commissioner Beaver commended Chief Thompson for securing grant
funds through the Local Law Enforcement Block Grant Program.
Sherry Drive Status
Commissioner Parsons inquired concerning the status of sidewalks on
Sherry Drive. City Manager Hanson indicated that some of the sidewalks
had been damaged before the project began and would be repaired by Mr.
Lawrence, the city's contractor for sidewalk repair.
Commissioner Waters confirmed that one more coat of asphalt would be
applied to the street after completion of the Core City Project
4. Consent Agenda:
A. Acknowledge receipt of the following monthly reports:
New Occupational Licenses and Status Report on Public
Works Projects
Motion: Approve Consent Agenda Items A as presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
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6. Action on Resolutions
A. 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. Boi•no)
In response to Mr. Potter's eazlier comment, Mayor Meserve
indicated that this resolution was rescinding a previous resolution, not
an ordinance.
Motion: Approve Resolution No. 02-13.
Commissioner Borno reported that he was trying to find citizens from
all parts of the city to serve on the new committee.
There was no discussion and the motion carried unanimously.
A. Resolution No. 02-14
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING RESOLUTION 00-07
REGARDING THE ATLANTIC BEACH TEEN
COUNCIL, PROVIDING THA THE TEEN COUNCIL
OPERATE UNDER THE AUSPICES OF THE
CULTURAL ARTS AND RECREATION ADVISORY
COMMITTEE, AND PROVIDING AN EFFECTIVE
DATE (Comm. Borno)
Motion: Approve Resolution No. 02-T4.
Commissioner Waters indicated that he would like to amend the
motion to include specific language in Section 4. Duties.
Amendment to the Motion: Amend the beginning of the
sentence in Section 4. Duties. to read as follows: The Teen
Council shall submit an annual budget and any other
requests in writing to the Cultural Arts and Recreation
Advisory Committee and Commission liaison...
Discussion ensued concerning the number of members on the Teen
Council and it was the consensus of the Commission not to limit
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membership.
There was no further discussion and the amendment to the motion
and motion tamed unanimously.
7. Action on Ordinances:
A. Ordinance No. 65-02-30 Public Hearing and Final 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: Adopt Ordinance No. 65-02-30 on final reading.
Mayor Meserve opened the floor for a public hearing.
Stephen Kuti of 1132 Linkside Drive referenced an article in the
newspaper concerning limiting the abandonment of aright-of--way in
Neptune Beach and suggested the City of Atlantic Beach follow suit.
Since no one else wished to speak, the Mayor declared the public
hearing closed.
City Manager Hanson provided background information explaining
that in 1999 the Commission had authorized the City Attorney to
draft an ordinance abandoning the portion ofright-of--way at the end
of Cypress Street. He further reported that the waterline installed in
1997 was not installed in the easement, and he had requested that the
City Attorney resolve the problem before abandoning the Cypress
Street right-of--way.
Commissioner Waters expressed concern that the Commission not
abandon easements haphazazdly. He felt all rights-of--way with
easements and those that provided access to mazshlands and the. ocean
should be retained.
City Attorney referenced the survey map of the Canes property and
pointed out that the water line installed in 1997 was installed in the
wrong place and that 99% of the easement where the waterline was
supposed to be was located on the Cane property, not evenly split
between the Cane and Nauman properties. He explained that it would
be very expensive for the city to take the easement back by
condemnation. City Attorney Jensen indicated that the Canes had
agreed to give the easement over their property to the city in
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exchange for the vacated right-of--way indicated on the map. It was
pointed out that the right-of--way would be divided equally between
each property owner abutting the right-of--way, as allowed by Florida
Statutes.
As a point of clarification, Commissioner Beaver inquired if the
Naumans, who own property adjacent to the Canes, could request
abandonment of the right-of--way adjoining their property which
would landlock the Cane property. City Attorney Jensen advised that
this would not be allowed.
There was no further discussion and the motion carried unanimously.
B. Ordinance No. 5-02-37 Public Hearing and Final 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. Mayor Meserve
opened the floor for a public hearing. No one wished to speak and
the public hearing was closed.
Motion: Adopt Ordinance No. 5-02-37 on final reading.
There was no discussion and the motion carved unanimously.
8. Miscellaneous Business:
A. Public Hearing as to the propriety and advisability of making
certain improvements in sections of Selva Marina and as to the
cost and method of payment therefore
B. Public Hearing to hear and consider any and all
complaints as to the special assessments, and action by the
City Commission meeting as an equalizing board, to adjust
and equalize the assessments in the Selva Marina
improvements project
Items 8A and 8B were discussed following agenda Item 2, Courtesy
of the Floor to Visitors
C. Action on the request of Dickinson Commercial Real
Estate Services for the City Commission to reconsider
their architectural design, a portion of which exceed the
city's 35 ft. height limit (Comm. Parson)
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Motion: Approve request of Alan Dickinson and allow the
center art deco fapade element of the building to be
constructed to a height of 46'.
(Alan Dickinson, 166 North Highway AlA, Ponte Vedra Beach,
developer of the North Beach Center presented his request under Agenda
Item 2, Courtesy of the Floor to Visitors).
Discussion of the 46' element of the fapade ensued. Commissioner Borno
felt that it was important for Mr. Dickinson to understand that the 46' tall
portion of the fapade could not be used as a sign.
Commissioner Pazsons believed this was a very positive project for the
city and felt the construction should be allowed to the 46' height for the
center fapade, with the remainder of building being constructed to 34'.
Commissioner Borno inquired concerning the proposed parking lot for the
site and Mr. Dickinson reported that it would be completely reconstructed
and would be heavily landscaped.
Commissioner Beaver supported the request, but was opposed to any neon
lighting on the fapade that would impact the adjoining residential
neighborhoods.
Discussion ensued and by consensus the Commissioners determined that
neon lighting may be placed on the front of the 46' tall element of the
fapade but it could not be used as a sign.
Commissioner Waters stated that he liked the design but he felt the extra
eleven feet for the fapade would function as a sign. He felt the fapade
should be kept below the tree canopy level of thirty-five feet.
There being no further discussion, the motion carried by a four to one vote
with Commissioners Beaver, Borno and Parsons and MayorMeserve
voting aye and Commissioner Waters voting nay.
D. Action on the request of Robert Nelson for a memorial to
honor Rodney Chaplin (City Manager)
Motion: Authorize family and friends to plant a tree, with
no plaque, in the Plaza median as a memorial to Rodney
Chaplin with the planting to be coordinated through the
City Manager's office.
Mayor Meserve indicated that he was not in favor of placing
memorial plaques throughout the city, but he would consider approval
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of planting a tree in the area shown in photo #2. Mr. Nelson's request
is attached and made part of this official record as Attachment B.
Commissioner Waters favored planting oak trees to enhance the tree
canopy.
Commissioner Beaver also favored the Plaza median location, but
also supported the suggestion of Sally Clemens and requested input
from Mr. Nelson. Dee Chaplin, widow of Rodney Chaplin, stated
that a tree signifies life and she preferred to plant a tree in memory of
her late husband. Commissioner Beaver suggested that consideration
be given to planting a Canary Palm at the Plaza median location.
There was no more discussion and the motion carried unanimously.
E. Action on the request of the Beaches Hospitality
Community for financial assistance with their summer
marketing campaign (City Manager)
City Manager Hanson reported that he had spoken with the other
beach cities to find out if they would support the request. He
indicated that it was the consensus of the cities that the Hospitality
Community would be more likely to receive the cities' support if they
contributed 50% in matching funds for the advertising campaign and
made their request through the Chamber of Commerce or the
Convention and Visitors Bureau.
Discussion ensued concerning the possible use of Bed Tax funds for
the marketing campaign. It was the consensus of the Commission
that more information was needed before a decision could be made.
Motion: Defer action on the request for financial
assistance for two weeks.
The motion carried unanimously.
F. Action on a request to vacate portions of West 14tH Street
and Laurel Way within the Hidden Paradise Subdivision
(City Manager)
City Manager Hanson explained the developer's request while
Powerpoint photographs the two rights-of--way were shown. He
indicated that it was recommended that the request be denied, since
the city needed to maintain its ability to clean the 14th Street drainage
ditch.
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Motion: Deny request to vacate portions of West 14`"
Street and Laurel Way within the Hidden Paradise.
Subdivision.
Mayor Meserve indicated that he had no problem with abandoning
the Laurel Way right-of--way since the street elided in a cul-de-sac.
He felt the 14`" Street right-of--way should be retained since it actually
was the drainage ditch. Commissioner Beaver concurred with the
Mayor.
Commissioner Bomo felt development of the Hidden Paradise
Subdivision was a good project for the city, but the city needed to
support its Comprehensive Plan.
Commissioner Waters commented on the importance of maintaining
the 14`" Street drainage ditch. He felt it should be kept as access to
the adjacent marshlands.
Commissioner Waters called the question and the motion to deny
failed by a one to four vote with Commissioner Beaver voting aye
and Commissioners Borno, Parsons and Waters and Mayor Meserve
voting nay.
Motion: Vacate that portion of Laurel Way (Tulip Street)
as shown on the sketch of the proposed closure included
with the agenda packet. (The Staff Report which includes
the sketch is attached and made part of this official record as
Attachment C).
The motion carried unanimously
Paul Nichols, President of Bestcon, the company developing the
project, felt the 14`" Street right-of--way would be better maintained
by the adjoining property owners and suggested that the city deed the
property to the developers while maintaining utility and drainage
easements. It was the consensus of the Commission that too many
legal issues could arise with this. type of arrangement.
Further discussion ensued and it was determined that the section of
the 14`" Street right-of--way located west of Tulip Street would never
be developed as a street, but would always be maintained as a
drainage ditch.
Commissioner Waters reiterated his previous position that the 14`"
Street right-of--way provided access to the marshland and the city's
need to maintain the drainage ditch. Commissioner Waters felt the
city was obligated to protect this access for the future.
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Motion: Deny request to vacate that portion of the 14tH
Street right-of--way as shown on the sketch of the proposed
closure included with the agenda packet. (The Staff Report
which includes the sketch is attached and made part of this
official record as Attachment C).
Discussion ensued and the Mayor Meserve stated he would have no
problem with the City Attorney drawing up language for an
agreement which would provide the city with full, unimpeded access
needed by the city to clean the drainage ditch, and suggested that this
matter be deferred until such a binding legal document could be
drawn up.
Commissioner Waters called the question and the motion to deny the
request carried by a four to one vote with Commissioners Beaver,
Borno and Waters and Mayor Meserve voting aye and Commissioner
Parsons voting nay.
G. Authorize Public Safety Director Thompson to submit,
sign and administer the 2002/03 grant application For
Local Law Enforcement Block Grant funds (City
Manager)
Motion: Authorize Public Safety Director Thompson to
submit, sign and administer the 2002/03 grant application
for Local Law Enforcement Block Grant funds.
There was no discussion and the motion carried unanimously.
H. Award annual contracts for environmental laboratory
services to Advanced Enviroumental Laboratories, Inc.,
and Columbia Analytical Services, Inc. at the unit prices
provided in the proposal submitted in response to RFP
0102-7 (City Manager)
Motion: Award annual contracts for environmental
laboratory services to Advanced Environmental
Laboratories, Inc., and Columbia Analytical Services, Inc.
at the unit prices provided in the proposal submitted in
response to RFP 0102-7.
Commissioner Borno explained that approval of the contracts would
allow Utility Director Kaluzniak the ability to choose the best
company to provide the needed services.
There was no discussion and the motion carved unanimously.
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July 8, 2002
I. Approve change orders in the Adele Grage Reconstruction
contract for disposal of hazardous waste, porch roof
replacement and bathroom addition, at the total cost of
$50,583.50 (City Manager)
Motion: Approve change orders in the Adele Grage
Reconstruction contract for disposal of hazardous waste,
porch roof replacement and bathroom addition, at the
total cost of $50,583.50.
Commissioner Waters requested that the new columns for the
front of the building be designed to match the architectural style of
the building.
There was no more discussion and the motion carried unanimously.
9. City Manager
City Manager Hanson reported on the following items:
• Reported that the Summer Solstice event had been rained out
and the Cultural Arts Board wanted to hold a beach bonfire on
July 27a'. There were no objections to the request.
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen
• Reported he had been contacted by an attorney who alleged
that the city's sign ordinance relative to placement of political
signs may be unconstitutional and he would be forwarding
case history substantiating the allegation. City Attorney
Jensen felt this matter needed to be considered when rewriting
the sign ordinance.
Commissioner Borno
• Reported that there were thirty-one sea turtle nests located
from Hanna Pazk to Jacksonville Beach with only two nests
located in Atlantic Beach.
• Reported that there was a good turnout for the July 5~' beach
clean up.
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July 8, 2002
Commissioner Waters
•:• Inquired when the "Welcome to Atlantic Beach" sign would
be reinstalled. City Manager Hanson responded that the city
still had not found a location for the sign.
• Reminded the Commissioners that the annual Beach
Renourishment Conference was coming up and stated he
would like a representative from the city to attend.
Mayor Meserve
• Acknowledged the presence of Jacksonville Beach
Councilman Art Graham who is a candidate for the
Jacksonville City Council.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:50 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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