MinutesMINUTES OF THE REGULAR MEETING OF TI3E ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15
P.M. ON MONDAY, NOVEMBER 25, 2002
PRESENT: John Meserve, Mayor
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
ABSENT: Richard Beaver, Mayor Pro Tem
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 meeting of
November 11, 2002
Commissioner Waters requested that the following corrections be made to the
minutes: (1) Page 4, Paragraph 5, change the paragraph to reflect that he had
not visited the park, but had spoken with the park supervisor, who was willing
to come..., (2) Page 10, the last paragraph, Item (2), add on Dutton Island, and
(3) Item 8C; although he stated what was written, Commissioner Waters
requested that the minutes reflect that it was his intent that the logic used to
give the day off to the other employees was not sound logic, in his opinion.
Motion: Approve the minutes of the Regular Commission Meeting
of November 11, as amended.
Closing of the Sailfish Drive JEA Office
Mayor Meserve indicated that he was unable to attend the public meeting, but
had written to the JEA concerning the closing if this office. He further stated
that he had spoken to the JEA regarding this matter and a representative will be
present at the next Commission meeting to discuss the closing of this office.
Mayor Meserve indicated that Jacksonville Council President, Jerry Holland,
had offered his assistance to find alternatives or slow the process of closing the
office.
v v'
0 0
T T
E $
S $
M S
O E
T C
I O Y
O N E r]
N D S O
COMMISSIONERS
BORNO X X
PARSONS X X
WATERS X
MESERVE X
Minutes Page -2-
November 25, 2002
2. Courtesy of the Floor to Visitors
A. Update from Corps of Engineers on the Beach Renourishment
Project
Steve Ross, Project Manager for the Corps, stated that he was new to the
project, but reported the project was expected to begin in mid-Janauary and
would finish by the end of March. He indicated that approximately 200,000
cubic yards of sand would be placed on the beach from ls` to 18`h Street.
Mayor Meserve inquired concerning the amount and placement of the sand and
stated that the original survey was completed before a major storm, which had
severely eroded the beach. Mr. Ross responded that a new survey re-establish-
ing the erosion control line had been completed in September, and it was felt
that the dune north of 18`h Street had moved seaward and no sand was needed
in that area.
Mr. Ross and Tom Martin, Coastal Engineer for the project, responded to
questions regarding core sampling procedures and the quality of sand to be
placed on the beach.
City Manager Hanson inquired if the sand would be in place by April 1, 2003,
the beginning of turtle nesting season. Mr. Ross indicated that.the scheduling
was up to the contractor and he hoped to have a more definite schedule for the
project in two weeks.
Keith Falt of 1840 Sherry Drive North disagreed with the findings of the
Corps and stated that he had observed severe erosion on the beach from 15`h
Street north to Hanna Park. He felt the city should take a more active role in
the project.
J. P. Marchioli of 414 Sherry Drive submitted a petition with seventy-eight
signatures requesting stop signs to be placed on. Sherry Drive at 3`d and 6cn
Streets. The petition is attached and made part of this official record as
Attachment A.
Sally Clemens of 1638 Park Terrace West felt that if the city was being run.
like a business, it should take note that corporations were cutting benefits for
their employees to save money. She also inquired if the setback requirements
would be maintained if the waiver was granted in Item 8A. Mrs. Clemens was
informed that they would be maintained.
Alan Potter of 374 Second Street stated that in Monterey, California
pedestrians have the right-of--way. He also noted that in Clemson, South
Carolina, the city has "Stop for Pedestrians" painted in the middle of the street.
OMMISSIONERS M
O
T
I
O
N S
E'
C
O
N
D
Y
E
S
N
O
Minutes Page -3-
November 25, 2002
He felt Sherry Drive was a dangerous street and something should be done to
restrict speeding.
Mr. Potter felt the city should provide office space for a JEA cashier to collect
electric bills if the JEA office of Sailfish Drive is closed.
Kelly Elmore of 1650 Beach Avenue spoke in support of the city providing a
skateboard park and suggested it be built in Russell Park. Mr. Elmore stated
that he had visited the park on Emerson Street and was very impressed with its
operation. He indicated that the park was built for approximately $156,000
and "Tony Hawk" construction grants were available.
Information on obtaining grants and a newspaper article on skateboarding from
USA Today were given to City Clerk King for copying and distribution to the
Commissioners.
Stephen Kuti of 1132 Linkside Drive opposed the construction of a
skateboard park and suggested the City Attorney investigate the liability
associated with such a park.
Lisa Harold of 659 Sherry Drive expressed concern for speeding on Sherry
Drive and stated that it was so bad that her second grader could not ride her
bicycle to school. She felt speed bumps and/or stop signs were needed to slow
traffic.
3. Unfinished Business from 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; which is
attached and made part of this official record as Attachment B.
Commissioner Waters thanked City Manager Hanson for the improved
visibility at the 11`h Street and East Coast Drive intersection.
B. Authorize the City Manager to sign a contract with Bluewater
Environmental of Florida, Inc., in the amount of $81,370 to provide
professional services as required in the~EPA 319 Core City grant
Motion: Reject all bids received and rebid the project to
provide professional services as required in the EPA 319
Core City grant.
There was no second and the motion was lost.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BORNO X
Minutes Page -4-
November 25, 2002
Commissioner Bomo stated that he did not believe Bluewater Environmental
of Florida, Inc. met the five years experience requirement listed in the RFP.
Public Works Director Kosoy indicated that Mr. Pastore's combined work
experience with other companies met the requirement.
Motion: Authorize the City Manager to sign a contract with
Bluewater Ennvironmental of Florida, Inc., in the amount
of $81,370 to provide professional services as required in the
EPA 319 Core City grant.
There was no further discussion and the motion carried by a three to one vote
with Commissioners Waters and Parsons and Mayor Meserve voting aye and
Commissioner Borno voting nay.
4. Consent Agenda:
A. Acknowledge receipt of monthly report of Utility Sales
B. Award contract in the amount of $90,000 to Clifton's Tower
Service, Inc. for rehabilitation of Ground Storage Tanks at
Water Plant Nos. 1 and 2 pursuant to the specifications of Bid
No. 0203-1
Motion: Approve Consent Agenda Items A & B as
presented.
The motion carried unanimously.
5.. Committee Reports:
A. Report from Tree Conservation Board -Barbara Mears .
No report was given.
B. Report from Cultural Arts & Recreation Advisory Committee
Rusty Pritchett
Mr. Pritchett reported that the first meeting of the new Cultural Arts and
Recreation Advisory Committee was held on September 24`h. He stated
that the committee membership was balanced between recreational and
cultural arts backgrounds and he had been chosen as Interim Chair.
Mr. Pritchett indicated that three Vice Chairs had been chosen
representing Cultural Arts, Recreation and Publicity and by-laws were
drafted in October.
Commissioner Parsons inquired concerning the status sculpture
commissioned for the five-way stop by the fire station. Mr. Pritchett
stated that the sculptor was having difficulty obtaining the required wood
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BORNO X
PARSONS X
WATERS X X
MESERVE X X
BoRNO x x
PARSONS X X
WATERS X
MESERVE X
Minutes Page -5-
November 25, 2002
but said this matter would be discussed further at the next meeting of the
committee.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 95-02-78 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 5, BEACHES AND
PARKS, ARTICLE I, IN GENERAL, ARTICLE II, BEACH
SAFETY ZONE, ARTICLE III, PUBLIC PARKS,
PROVIDING FOR SEVERABILITY AND' PROVIDING AN
EFFECTIVE. DATE (City Manager)
Motion: Approve Ordinance No. 95-02-78 on final reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience.
Richard DeVane of 46 4`h inquired if the ordinance contained the
changes he suggested concerning dogs being prohibited from the beach
between 9:00 a.m. and 5:00 p.m. during June, July and August. Mayor
Meserve stated that the change had not been included in the ordinance.
No one else spoke and the Mayor closed the public hearing.
Commissioner Waters reiterated his previous position and_felt the entire
ordinance needed further review and stated that he would be willing to
work with Mr. DeVane and a committee to rewrite the ordinance. He
indicated that he would like the following items to be included in the
Chapter 5 revisions: (1) A definition section containing a definition for
"motorized apparatus" and explaining where the measurement begins for
..."200 feet from the beach", (2) The ability to camp out overnight on
Dutton Island, (3) The ability to authorize events such as a hayride on the
beach, that may not be for a public purpose, (4) Horses on the beach
during the winter season, and (5) Mr. DeVane's suggestion regarding dogs
on the beach.
Discussion ensued and Commissioner Waters offered to Chair a
Committee to rewrite the ordinance. Commissioner Borno suggested
holding a workshop to discuss the issue of dogs on the beach.
Motion: Defer action until a committee can be formed to
rewrite the ordinance.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BORNO
PARSONS
BORNO X
PARSONS X
WATERS X X
MESERVE X X
Minutes Page -6-
November 25, 2002
There was no further discussion and the motion carried unanimously.
B. Ordinance No. 5-02-40 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ARTICLE VI,
EMPLOYEE BENEFITS, DIVISION 1-, GENERALLY,
SECTION 2-226, HOLIDAY SCHEDULE, TO ADD
CHRISTMAS EVE, DECEMBER, 24TH, AS A HOLIDAY
(City Commission)
Motion: Approve Ordinance No. 5-02-40 on first reading.
There was no discussion and the motion carried unanimously
C. Ordinance No. 95-02-81 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES, BEACHES AND PARKS, ARTICLE III,
PUBLIC PARKS, BY ADDING A NEW SECTION TO BE
NUMBERED SECTION 5-32, PROVIDING FOR THE
PROHIBITION OF SKATEBOARDING IN BULL PARK;
AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve requested that the Ordinance be removed from the agenda
for further review. There were no objections to the request.
8. Miscellaneous Business:
A. Action on the request of Amy and James (Rusty) Pritchett for a
waiver from Section 24-255(a) of the City Code, seeking approval
of a lot less than 75 feet in width and less than 7,500 square feet of
lot size (City Manager)
Motion: Waive requirements of Section 24-255(a) of the City
Code, and approve a lot less than 75 feet in width and less than
7,500 square feet in lot size for Amy and James (Rusty) Pritchett.
Community Development Director Doerr provided background information
which explained the conflict between the city's Subdivision regulations and the
minimum lot area for single-family uses found in Article III, Division 5. Her
Staff Report explaining the inconsistency in Chapter 24 with respect to the
issue is attached and made part of this official record as Attachment C.
Ms. Doerr indicated that the requested 5,000 square foot lot was consistent
with the requirements of the city's Comprehensive Plan.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BoRNO x x
PARSONS X
WATERS X X
MESERVE X
BORNO X
PARSONS X X
WATERS X X
MESERVE X
Minutes Page -7-
November 25, 2002
Commissioner Borno suggested that the other half of the parent parcel, owned
by Jim Smith, be included in the motion.
Amendment to the motion: Also include adjacent lot owned by Jim
Smith in the waiver of requirements.
Mr. Pritchett commended Ms. Doerr and Building Official Ford for the
courteous and professional manner in which they handled the review of his
case.
There was no further discussion and the amendment to the motion and the
main motion carried unanimously.
B. Authorize the Mayor to sign the Interlocal Agreement with the
City of 3acksonville for the design, construction and maintenance
of Church Road (City Manager)
Motion: Authorize the Mayor to sign an Interlocal Agreement
with the City of Jacksonville ,for the design, construction and
maintenance of Church Road.
There was no discussion and the motion carried unanimously.
C. Authorize the City Manager to execute a contract in the
amount of $12,600, with American Computer Technologies,
(ACT) for WEB development services and the installation of
the new site on the city's server (City Manager)
Motion: Authorize the City Manager to execute a contract in
the amount of $12,600, with American Computer
Technologies, (ACT) for WEB development services and the
installation of the new site on the city's server, and authorize
expenditure of up to the total budgeted amount of $20,000 for
additional upgrades as directed during the remainder of the
year.
City Manager Hanson explained that WEB demands were very time
consuming and had become more than the city's current IT staff of two
could handle, and would be more cost effective to outsource WEB
development services.
There was no discussion and the motion carried unanimously.
9. City Manager
City Manager's Report
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BORNO X X
PARSONS X X
WATERS X
MESERVE X
BORNO X X
PARSONS X X
WATERS X
MESERVE X
BORNO X X
PARSONS X X
WATERS X
MESERVE X
Minutes Page -8-
November 25, 2002
City Manager Hanson briefly reviewed the following items of his written
report:
• Reminded the Commissioners of the Adele Grage Cultural Center
Ribbon cutting ceremony at 6:00 p.m. on December 12`h
• Indicated that the Florida Department of Environmental Protection
would be conducting core sampling on the beach within the next
few weeks.
A. Report regarding Cable Television negotiations
City Manager Hanson reported that the city was ten years into athirteen-
year franchise agreement with AT&T Broadband (now Comcast), and the
company had requested renewal of the agreement pursuant to Section 626
of the Federal Communications Act. The City Manager further reported
that the city had retained the same independent communications counsel
as the City of Jacksonville. Mr. Hanson's Staff Report with
recommendations regarding these negotiations is attached and made part
of this official record as Attachment D.
The City Manager hoped to have Comcast's new manager present at the
next Commission meeting.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Waters
•:• Stated that the planting of pansies in the various city gardens
looked great and commended the city gardeners for their work.
• Stated he would like to attend the Beach Preservation annual
conference in Ponte Vedra Beach in February, but due to his work
schedule, he would only be able to attend afternoon programs.
Commissioner Borno stated that he would also like to attend, and
he would make it a point to attend the morning programs.
• Inquired if artwork would be displayed in the gallery at the ribbon
cutting ceremony for the Adele Grage Cultural Center. City Clerk
King indicated that. historical paintings, photographs and other
items would be on display.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -9-
November 25, 2002
Mayor Meserve
•:• Reported the Metropolitan Planning Organization (MPO) was
signing the contract for the study of Mayport Road relative to
bicycle paths, pedestrian safety and landscaped medians. He
indicated that public hearings relative to the improvements would
be held over the next few months.
Mayor Meserve reported that he would be signing a request for a
grant for an additional $160,000 from the Town Center Initiative
for the design phase of the project. He indicated that he would
also be requesting approximately $900,000 from the Town Center
Initiative for construction.
• Reported he would be meeting with Jacksonville Mayor Delaney
to request assistance with completion of the second block of Ocean
Boulevard and resolution of the drainage issue at the end of
Atlantic Boulevard in Town Center.
•:• Reported the Wonderwood bridge was scheduled for completion in
2003, but the Wonderwood expressway would not be completed
unti12005 or later.
There being no further discussion or business to come before the City -
Commission, the Mayor declared the meeting adjourned at 8:50 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
'
COMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O