MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY CONIl1'IISSION HELD IN CITY HALL, 300 SENIINOLE ROAD AT
7:15 P.M. ON.MONDAY, OCTOBER I4, 2002
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:I5 p.m. The Invocation,
given by Commissioner Beaver was followed by the Pledge of Allegiance
to the Flag.
1. Approval of the minutes. of the Special Called Meeting of
. September 16, 2002 and the Regular Commission ,meeting of
September23, 2002. :
. ~ Motion: Approve the minutes of the Special Called Meeting of
.September 16, 2002 and the Regular Commission Meeting of
September 23, 2002 as presented: -
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
BiII tiVatson, Field Director~for AT & T Broadband presented the city
with a check for ;$5,000, as required by the franchise agreement.
Alan Potter of 374 Second Street felt the drainage issue had become a
paradox since the city had chosen to ignore citizen 'input. He reiterated his'
position from the September 23, 2002 Commission meeting concerning "
the Hopkins Creek. drainage area, the purchase of property for retention
ponds and the culvert at Publix/Agiiatic Drive. He felt the Commission
and city staff should take a close look at the drainage system before
continuing, with the $6M project.
Sally Clemens of 1633 Park Terrace Nest inquired about the house
located on the,property for which Mr. Hoey was requesting aUse-by- ~ -
Exception to build a custom.cabinet and woodcrafts shop {Item 8A). Mrs.
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October 14, 2002
Clemens noted that the city's Beautification Policy contained a cap of
$2,500 for matching funds and felt the Commission should not increase
the matching funds to $4,000 as requested in Item 8I. Mrs. Clemens also
felt the city should not purchase any property for• use by the YMCA since
there were recreation facilities located within the city.
J.P. Marchioli of 414 Sherry Drive inquired concerning the date of the
Wonderwood Expressway interchange meeting and the due date for the
bid to furnish water/sewer service for the Navy. Mr. Marchioli felt there
might be a problem with zoning regulations due to the frequency of use-
by-exception requests. ~ •
Bob Totter of 275 11`x' Street commented on andlor inquired concerning
. the following: (1) Inquired if the city had changed auditing firms for the
~~~'. annual audit, (2) Inquired as to how the citizens of Atlantic Beach living
east of Mayport Road would get to Mayport Road if it was the chosen as
the route for the bike path. He felt since Mayport Road was a state road, .
the city could not designate it as a bike path, (3) Inquired. as to the.
availability of beach parking north of 19`h Street, (4) Commented that the
Hopkins Creek drainage area was addressed in the interlocal agreement
with the City. of Jacksonville, and (5) Commented on the amount of tax
dollars paid to the City of Jacksonville,. and inquired if the city was
:~ receiving its fair share from the City of Jacksonville in relation to the
taxes paid to them by the citizens of Atlantic Beach.
3. Unfinished Business from previous meeting
A. City Nlanaber's Follotiv Up Report on Issues from Previous
Meetings •
City Manager Hanson briefly reviewed each item of his writteri report,
which is attached and made part of this official record as Attachment A.
In addition to the written report, City Manager Hanson commented on the
following items:
:• Stated that he had not been notified of the date for the meeting
concerning the Wonderwood Interchange with Mayport Road.
Reported that proposals from consultants to provide engineering
services in the bidding process, to provide water and sewer service
to the Navy base would be received on Wednesday of this week.
Explained that the employees' raises would not be affected by the
Commissioners proposed salary increase.
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October 14, 2002
~: Reported that the new auditing firm hired by the Commission had
been working on the current audit for several weeks.
4. Consent Agenda:
A. AcknorvIedge receipt of the follotiving monthly reports:
Public Safety, Public tiVorks, Recreation and Utility Sales
(City Manager)
B. Award contract to Ace Fabrications, LLC, for a period of .
~, one year for tivelding troubleshooting and repair, pursuant'
.to the specifications of Bid No. 0102-26 (City Manager)
C. Extend contract with Cuyler's Lawn Service for Lawn .
. .maintenance of parks for a period of one year at a cost of
$57,160 (Bid No. 0001-ZS) (City 1YIanager)
Commissioner Borno requested that the Public Works monthly report
be removed from the Consent Agenda for discussion.
Motion: Approve Consent Agenda Items A-C as
presented.
Commissioner Borno inquired, if anything was being done concerning
the one-inch difference ~in concrete height at the end of the flyover.
Public Works Director Kosoy indicated that,he had spoken with the
Jacksonville Transportation Authority (JTA) concerning the deviation
and had been promised they would look into it. ~,
Discussion ensued and it was the consensus of the Commission to
send a letter to the JTA concerning this matter.'
There was no discussion and the motion carved unanimously.
5. Committee Reports:
A. Report from Community Development Board
Mayor Meserve reported that Community. Development Board
Chairman, Don Wolfson, was unavoidably detained and would
present his report later in the meeting.
6.' ~ Action on Resolutions:
None
7. Action on Ordinances:
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A. Ordinance No. OS-02-39 Introduction & First Reading coMNlissloNERS N D s o
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
' ARTICLE II, CITY COIYIMISSION, SEC. 2-20, SALARY OF
lY1EMBERS, AND PROVIDING AN EFFECTIVE DATE ~ '
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Motion: Approve Ordinance No. 0~-02-39 on.final ~_ PARSONS ~ X. X
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• Mayor Meserve presented in full, in writing, Ordinance No. OS-02-39.
He opened the floor for a public hearing and invited comments from
the audience.
J.P. Marchioli'of 414 Sherry Drive asked for a defuiition of
Commission "salary".
Alan Potter of 374 Second Street felt that the Commissioners should
not vote themselves a pay increase since they were all gainfully
employed and knetiv the salary when they ran for office.
.Curtis Sanders of 2320 Barefoot Trace favored the increase stating
that running the city had become more complex over the years and it
_ takes time to adequately prepare for meetings.
No one else spoke for or against the ordinance and the Mayor closed the I
..public hearing. ~ - '
_ Commissioner Waters opposed the increase and reiterated his
previous position that the current salary was adequate. He felt many _
'Commissioners serve because they want to volunteer their services to
the city. He pointed out that other city boards receive no . ~ '
. compensation, but willingly volunteer their services. ~ .
Mayor.Meserve said he was opposed to the action taken by Congress
when they approved automatic increases for themselves and was
therefore, opposed to Atlantic Beach taking similar action. He stated •~ .
that he rmight favor the increase if it would encourage some citizens to ~~ '
run for office who otherwise might not be able to afford to do so.
Commissioner Borno explained it was his intent to establish a
procedure for. automatic annual review of Commissioner salaries so as
in the past, increases would not be neglected for several years. He
felt adoption of the ordinance would be a fair way to handle salary
increases for future Commissioners.
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October 14, 2002
Commissioner Beaver agreed with establishing a procedure and
suggested making the effective date of the ordinance after the nest
election.
Commissioner Parsons agreed with .Commissioners Beaver and Borno
and stated that passage of the ordinance would take away a •
controversial issue for future Commissioners. .~
Discussion of changing the effective date of the ordinance ensued.
City Attorney Jensen advised that the effective date could be.changed'
without changing the intent of the ordinance.
Amendment to the motion: Make the effective date of the
ordinance November 1, 2003 and strike Section. 2, Item (d)
from the ordinance.
Discussion ensued and the amendment to .the motion carried by a
three to two vote with Commissioners Beaver and Waters and Mayor
Meserve voting aye and Commissioners Borno and Parsons voting
nay. •
There was no more discussion and upon roll, call vote, the motion as
amended, carried by a three to two vote with Commissioners Beaver,
Borno and Parsons voting aye, and Commissioner Waters and Mayor
Meserve" voting nay.
B. Ordinance No. 95-02-79 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 23, VEGETATION;.CREATING AN
HISTORIC TREE PRESERVATION PROGRAM; PROVIDING ~ •
GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING
PRESERVATION INCENTIVES AND REQUIREMENTS; .
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE (Tree Conservation Board) .
lYlotion: Approve Ordinance No. 95-02-79 on first
reading.
Commissioner Borno inquired if the ordinance pertained only to palm
trees. City Manager Hanson indicated that the ordinance set forth a
procedure to designate historical trees and the first trees to be so
designated were palms. . , ~.
Mayor Meserve indicated that the final reading of the ordinance
would take place October 28, 2002.
There was no~further discussion and the motion carried unanimously.
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October 14, 2002
8. Miscellaneous Business:
A. Public Hearing and action on a request for aUse-by-Exception
filed by Jerry ]Ioey to allotiv the development of a custom
cabinet and woodcrafts shop, with associated limited
warehousing and office use, all within an enclosed; uerv 15;000
. square building to be located at the southeast corner of '
Mayport Road and Church Road on property zoned •
Commercial General (City Manager)
Motion: Approve use-by-exception as recommended by the
.- Community Development Board. (On September 17, 2002, the
Community Development Board recommended approval of the
~' • ~ Use-by-Exception (File No. UBE-2002-06), to allow for the
development of a custom cabinet and tivoodcrafts shop, with
associated limited warehousing and office use, all within an
,enclosed, new 15,000 square foot building to be located at the •
.southeast corner of Mayport Road and Church Road, sub}ect to the
following conditions: (1} No chain link, or similar type offence
shall be installed on the westernmost side of the property,~which
adjoins Mayport Road, and further, any such fencing shall be •~
limited to that as shown on the site plan submitted with this
~. application and shall be a~ vinyl coated or painted black or green
fence, (2) A1T exterior lighting shall be directed toward the site and
shall not illuminate adjacent residential parcels, and (3) All '
.. business activities shall be maintained within the enclosed building
,and there shall be not outside storage of any goods or materials).
Mayor Meserve opened the public hearing. No one wished to. '
speak, and the Mayor declared the public hearing closed.
Community Development Director Doerr explained the request in
detail.. The staff report dated September 26, 2002 is attached and
made part of this official record as Attachment B.
Commissioner Waters inquired if retention pond maintenance
should be included in the conditions. It was explained that
retention pond maintenance was subject to St. Johns River Water
Management District (SJRWMD) regulations.
Mayor, Meserve confirmed that Mr. Hoey understood and agreed to
the conditions recommended by the Community Development
Board and Mr. Hoey responded in the affirmative.
Mayor Meserve then confirmed that Commissioner Waters'
motion included the CDB recommendations.
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October 14, 2002
The motion carried unanimously.
B. Approve 2002/2003 Community Development Block. grant
" contract and authorize the City Manager to sign all related
documents (City Manager)
Motion: Approve 2002/2003 Community Development. Block
grant contract and authorize the City Manager to sign all
related documents.
Commissioner Borno complimented Community Development Director
Doerr for the concise report. •
There was no discussion and the motion carried unanimously.
C., Approval of Local 630 Union Contract for the period October
• • 1, 2002 through September.30, 2003.
Motion: Approve Local 630 Union Contract for the period "
October 1•, 2002 through September 30, 2003.
There was no discussion and the motion carried unanimously. .
D. .Approve recommended tree planting list and authorize the use
of-Tree Fund monies for the same (City Manager).:
Motion: Approve recommended tree~planting list and .
authorize the use of Tree Fund monies for the same. (The tree
planting list is attached and made part of this official record as
Attachment•C}. ~ ~ .
Mayor Meserve felt that local citizens should be involved in maintenance
of trees planted on their property and the City Manager pointed out that
trees would only be planted on property where the owners had signed a
one year Citizen Maintenance •Agreemeat. ~ •
Commissioner Borao inquired if the city would become involved in
mitigation for trees planted on rights-of--way. City Manager Hanson
responded that the city was exempt from mitigation on rights-of--way,
except in an historic tree district.
There being no further discussion, the motion carved unanimously.
E. Action on recommendation for proposed. amendment to
Chapter 12 of the City Code to provide regulations to protect
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October 14, 2002
the city's streets, gutters and catch basins from excessive
amounts of debris (City Manager)
Discussion ensued and it was the consensus of the Commission to direct
staff to prepare an ordinance to protect the city's streets, gutters and catch
basins from excessive amounts of debris.
F. Approve Change Order No. 4 in the amount of $27,445.37 in
. the Core City Improvement project to reconfigure a water.
main at the intersection of Seminole Road and Eleventh Street
(City Manager)
.Motion: Approve Change Order No. 4 in the amount of
X27,445.37 in the Core City Improvement project to
reconfigure a tivater main at the intersection of•Seminole Road
and Eleventh Street. ~ '
There was no discussion and the motion carried unanimously.
G. Appointments to the Code Enforcement Board (2)(Mayor)
Motion: Reappoint Curtis Sanders and Peter Wynkoop to
three year terms on the. Code Enforcement Board. •
Commissioner Waters commended all of the city's board members who.
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serve without compensation and suggested that a dinner.be~held in their
honor.
There was no discussion and the motion carried unanimously.
H. Give direction to staff.regarding redevelopment options related
`~~ to Maypo.rt Road within the City of Atlantic Beach (City
Manager)
Mayor Meserve felt.it would be appropriate to approve a zoning overlay
for.Mayport Road as recommended by staff and give it to the City of
Jacksonville to see if they would do something similar for their portion of
Mayport Road. (The staff report dated October 7, 20021isting the .
recommendations is attached and made part.of this official record as
Attachment D).
Discussion ensued, and the Commission concurred with the Mayor.
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October 14, 2002
I. Seventh Street beach access beautification
Motion: Approve matching funding of 50% of the total costs
for the 7`h Street Beach Access improvements not to exceed
X4,000.
Commissioner Beaver pointed out that the request exceeded the city's
matching fund limit of.S2,500 for beautification projects.. He indicated
that he did not want to exceed the limit. Commissioner Borno concurred
.with Commissioner Beaver. •'
Mary French, representing the ad hoc committee of Le Chateau
homeowners, stated that they were willing to assume the cost of
maintenance and irrigation 'and said that TNT Landscaping would
install a new irrigation system. •
Discussion ensued and Commissioner Borno suggested that the policy be
reviewed. and amended, if required, to•increase matching funds where
groups assume additional responsibilities, such as irrigation.
• .Motion: Defer action on the request to the nest meeting in
,order to provide time to revietiv the existing policy
There being no further discussion, the motion carried unanimously.
. SA. Report from Community Development Board
Community Development Board Chairman Don Wolfson entered the
meeting at 8:40 p.m. He presented a report concerning the activities of the
Community Development Board and indicated that the during the past
year, the Board had matured, worked well together and was still
becoming familiar with the revisions to the new Zoning Ordinance. Mr.
Wolfson said the Board would have liked more time to review the sign
ordinance before it came before the Commission.
Mr. Wolfson indicated that the board members appreciated the spirit of
cooperation between the Commission and the Board. He. felt everyone
was working toward the enhancement of the quality of life in the .
community.
Mr. Wolfson stated that in the past enforcement of conditions placed on •
variances and use-by-exceptions had been negligent, but they were now
being enforced. He felt this enforcement sent a positive message to the
Board and residents, of the city.
Mr. Wolfson indicated that the Boazd was currently working with staff on
the Land Use Element of the Comprehensive Plan.
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October 14, 2002
Discussion ensued. Mayor Meserve indicated that the Community
Development Board would be involved early in the process tivith the
redevelopment plan for Mayport Road.
Mayor Meserve inquired if the city had a new zoning map. Community
Development Director Doerr indicated that the Open Rural area needed to
be redesignated to Conservation Land, but there were a few areas. to be
researched for proper designation before that could be done.
i ~ Commissioner Waters inquired as to training for new board members.
' ~ Mr. Wolfson responded that they meet individually with staff. He urged
the Commission to•appoint board new members from all areas of the city.
. 9. City Manager
• ~ City Manager Hanson'reported on the following items:
:• Reported that the millage rate would remain unchanged since
the Property Appraiser had adjusted the city's final taxable
value upward by less than L%. .
•: Reported that the. Church Road extension would be bid out in
two weeks and he hoped to have the project underway before
the end of the year.
:• Reported that Chief Campbell would represent the city at a
meeting in Jacksonville Beach to welcome gtiests.from
Turkmenistan.
:• Reported that~the Tree Lighting Ceremony at Town Center
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4_ would take place on Saturday, December 7`}' at 6:00 p.m.
10. Reports and/or requests from City Commissioners. and
City Attorney
Commissioner Borno
•:• .Inquired concerning the status of the proposed entrance
change at the Post Office. City Manager Hanson responded
. that he had received no feedback from Post Office officials.
•: Inquired if the city had heard anything from BellSouth
concerning moving their lines for the Core City Project. City•
Manager Hanson responded that he had not heard from them.
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•: Requested that any information received concerning the
Wonderwood/Mayport Road Interchange meeting be
distributed as soon as it is received.
IYI1yor Meserve
•:• .Reported that he had written a letter to Mayor John Delaney
concerning funding for the Town Center. extension.
:• Appointed Commissioner Borno to head a committee to . ~ .
review the city's retirement system and recommended that Ed
Lipscomb, a member of the Pension Board of Trustees, be
included on the committee.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:10 p,m.
John Meserve
Attest: Mayor/Presiding .Officer
Maureen King ~ ~.
Certified Municipal Clerk
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