Minutes / 06-28-99~. -~~
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JUNE 28, 1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: Maureen King, City Clerk
Alan C. Jensen, City Attorney
ABSENT: David Thompson, City Manager
The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The
Invocation was offered by Mayor Shaughnessy followed by the Pledge of
egiance tote ag.
1. Approval of the minutes of the Regular Meeting held
June 14, 1999
The Mayor asked for corrections or amendments to the minutes, and there
were none. The minutes of the Regular Meeting held May 24, 1999 were
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unanimously approved as presented.
2. Courtesy of the Floor to Visitors:
A. Nancy White of 1729 Seminole Road complimented the
Commission for the job they are doing. Ms. White stated she had received
a letter concerning connecting to the city's sewer system, and referred to a
previous Commission's promise that the residents would not have to
connect to the sewer until their septic system failed. Ms. White requested
that the Commission re-evaluate the requirements of the letter.
Mayor Shaughnessy requested that Ms. White's request be referred to the
City Manager when he returns from vacation.
A. Don Remley of 1309 Violet Street stated he had received the same
letter referenced by Ms. White and requested Commission consideration of
waiving the impact fee, since it was very expensive to connect to the
sewer.
3. Unfinished Business From Previous Meeting
A. Reconsider Action Taken at the Meeting of June 14 Regardin
a Lien Against Property C. Described as Part of Government
Lot 3, as Recorded in Deed Book 1053, Page 285, RE #172060-
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0000 Owned by the New Friendship Missionary Baptist Church
(The Commission Voted to Waive Interest in the Amount of
$1,596.50, and Set Up a Payment Plan for the Principal Amount
of $3,090) (Commissioner Borno)
Motion: Further reduce the amount of the lien by $1,545.00.
There was no discussion and the motion carried unanimously.
B. Discussion and Related Action With Regard to Hiring Certified
Arborist, Early Piety (Mayor)
Motion: Hire Early Piety to advise the City of Atlantic Beach
on matters which would benefit from the services and the
opinion of an arborist, and a contract be negotiated by city
staff on behalf of the City Commission.
Mayor Shaughnessy explained that a meeting was held on Monday, June
21, 1999 at 9:00 a.m. at which time Commissioner Beaver, Commissioner
Borno and she voted unanimously to hire Mr. Piety as a consultant to look
at the tree situation in the old part of the city, determine the implications of
the R-A-M plan on the trees in the city and to discuss tree protection
measures during the construction period. It was further explained that the
action taken at that meeting was void, and no consensus could be reached
at a second meeting for the same purpose held on June 23, 1999.
Mayor Shaughnessy stated that she wanted to consult with an arborist who
would determine any items that should be made part of the bid
specifications for the stormwater project.
Commissioner Beaver indicated that Mr. Piety, an expert in saving trees,
would be brought in to monitor the trees during the planning and
construction phases of the project to make sure problems with the trees will
not arise five to ten years down the road.
Commissioner Meserve stated he was against the motion, and expressed
concern that if Mr. Piety worked for the Commission, and the city has hired
a firm to design-build the project, there would be a conflict between the
arborist and the engineers on how recommendations would be made. He
believed the arborist should work for R-A-M as part of their project to avoid
a potential tvvo step process that puts the city in the design business.
Commissioner Meserve opposed an open ended hourly contract with Mr.
Piety and felt there should be a cap on the contract.
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Commissioner Borno asked Mr. Piety to explain his role in the project. Mr.
Piety responded that he would not design the project, but would offer advice
to to make the project as tree compatible as possible. Mr. Piety then
explained the measures to be taken to protect trees.
Public Works Director Kosoy indicated that The R-A-M Group had
recommended hiring an arborist in their report.
Commissioner Mitchelson concurred with Commissioner Meserve. He
believed an arborist should be hired, but not by the Commission.
Mayor Shaughnessy felt Mr. Piety had better credentials than anyone else
in the area, and since the city was not in the design phase of the project yet,
she felt he should be included in the design phase.
Commissioner Beaver stated he had reconsidered his previous position and
agreed with Commissioners Meserve and Mitchelson. He felt Mr. Piety
should act as sub-contractor through R-A-M to avoid any question of who
is in charge.
A brief discussion ensued and the second and motion were withdrawn by
Commissioner Beaver and Mayor Shaughnessy respectively.
Motion: Direct the design firm which is awarded the contract to
design the Capital Improvement Project to utilize services of
Mr. Early Piety as their arborist for design.
A brief discussion ensued concerning who would be responsible for
payment for Mr. Piety's services. Commissioner Beaver felt the money was
available through R-A-M since Jim King had indicated an arborist would
be involved. Commissioner Beaver felt Mr. Piety should maintain his
independence, and if he felt he was being stymied in some way, he could
speak to the City Manager, who would bring his concerns to the
Commission's attention..
Commissioner Meserve stated if the major goal of having Mr. Piety on
board no~v was to assist in writing specifications before going to contract,
he would have no problem with hiring him on a consultant basis. However,
he felt that when it came time to hire a firm to design the project, everyone
should work for the design firm.
Amendment to the motion: Authorize the City Manager to
negotiate a contract with Mr. Piety before a design contract is
let in order to help design bid specifications for tree protection.
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Commissioner Meserve requested that the City Manager bring the scope of
the contract and some maximum amount of dollars and its funding source
back to the Commission.
Stephen Kuti of 1132 Linkside Drive agreed with Commissioner Meserve.
He stated the RFP should require the design engineer to take measures to
protect trees. He felt it was premature for the city to hire an arborist at this
point, but felt R-A-M should pay for his services when an arborist is hired.
Don Phillips of 1566 Park Terrace West felt the arborist should have
oversight on the project and work through the Public Works Department.
He felt Mr. Piety should work as an inspector on the project.
Discussion ensued concerning whether or not the project should be
design build. City Attorney Jensen explained the design build concept.
Mayor Shaughnessy pointed out that R-A-M was not a builder.
Commissioner Meserve indicated that the city could hire one company and
they could hire sub-contractors to build the project. Mayor Shaughnessy
indicated that the next phase of the project, after project approach, would
be the design phase and she wished to use Mr. Piety's expertise for the bid
specifications.
Commissioner Borno expressed concern that the amendment to the motion
contradicted the motion and requested clarification. Commissioners
Meserve and Beaver explained the intent of their motions.
Commissioner Beaver also commented on Mr. Piety's design approach
from the field back to the board for existing subdivisions. It was pointed
out that the project approach phase of the project would not involve Mr.
Piety, but he would be involved in the design build phases..
Commissioner Mitchelsonfelt R-A-M knew what the city wanted and knew
the Commission's concern for the trees. He felt the approach phase was not
where the trees would be saved. He felt Mr. Piety should be involved with
the other phases of the project.
Mayor Shaughnessy stated she could not support the motions because she
wanted the tree concerns addressed up front during the project approach.
She then asked Mr. Piety if he felt he should be involved during project
approach. Mr. Piety felt he should be involved before design was finalized.
Commissioner Mitchelson called the question, and the amendment to the
motion and the motion carried unanimously.
Second Amendment to the motion: Include "and
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June 28, 1999
construction"at the end of the motion.
There being no further discussion, the second amendment to the motion
carried unanimously.
4. Consent Agenda:
A. Accept the Bid of Jones Chemical, Inc. in the Amount of
$26,687.50 to Provide Chlorine and Sulphur Dioxide for the
City's Water and Wastewater Treatment Plants (Bid No. 9899-
24) (City Manager)
Motion: Accept the bid of Jones Chemical, Inc. in the amount
of 526,687.50 to provide chlorine and sulphur dioxide for the
city's water and wastewater treatment plants.
Commissioner Beaver requested that information be included in the staff
report form to indicate if the item requested is budgeted and, if so, the
budgeted amount and where it is listed in the budget.
The Commissioners concurred with the request, and Mayor Shaughnessy
requested that City Clerk King send a memo to Department Heads and Staff
explaining Commissioner Beaver's the request.
There being no further discussion, the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 99-19
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1,1998 AND
ENDING SEPTEMBER 30,1999, FOR THE PURPOSE OF
PROVIDING 55,000 OF ADDITIONAL FUNDS FOR
BUILDING INSPECTIONS PERFORMED BY CONTRACT
(City Manager)
Motion: Adopt Resolution No. 99-19.
Commissioner Borno explained that due to an unexpected increase in
building inspections $5,000.00 was being requested to cover building
inspections for the remainder of the fiscal year.
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June 28, 1999
Mayor Shaughnessy inquired as to the number of inspections conducted
during the year. Building Official Ford stated he did not have the exact
number of inspections conducted this year, but there had been a 32%
increase in inspections over the previous year due to increased remodeling
projects which required more inspections than ne~v construction.
There being no further discussion, the motion carried unanimously.
B. Resolution No. 99-20 '
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SETTING FORTH THE CITY COMMISSION'S
OPPOSITION TO THE PROPOSED CONSTRUCTION OF A
FLYOVER AT THE INTERSECTION OF ATLANTIC
BOULEVARD AND MAYPORT ROAD (Mayor)
The Mayor read the Resolution by title only.
Motion: Adopt Resolution No. 99-20.
Commissioner Meserve stated he opposed the Resolution due to the
subjective nature of several statements contained in the document.
Commissioner Meserve read several examples of the statements he
deemed to be very subjective.
Commissioner Beaver stated he could not support the Resolution and
concurred with Commissioner Meserve concerning the subjective nature of
several of the statements, which he believed lent themselves to
interpretation.
Commissioner Borno believed the design of the flyover lacked common
sense and served no purpose other than to move traffic for two hours in the
morning from Atlantic Boulevard into the middle of the city. He felt that
the design of the flyover created safety problems and would not help local
businesses. He also expressed consternation for what he perceived to be the
Jacksonville Transportation Authority's insensitivity to the city's concerns.
Mayor Shaughnessy opened the floor for public comments on the
Resolution.
Stephen Kuti of 1132 Linkside Drive supported passage of the Resolution
and urged Commissioners Beaver and Meserve to do the same. He believed
construction of the flyover would create safety problems and expressed
concern for safety while going to and from the post office. He requested
that copies of the Resolution be sent to Senator Jim King and City of
Jacksonville Council Member Jerry Holland to solicit their help.
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J.P. Marchioli of 414 Sherry Drive also supported the Resolution and read
a letter he had sent to Jack Gabriel opposing construction of the flyover.
Allen Brodeur of 1965 Sevilla Boulevard West also opposed the flyover
and believed it would do nothing to promote safety or efficiency.
Don Remley of 1309 Violet Street supported the Resolution and expressed
concern that traffic coming down the exist ramp of the flyover would enter
Mayport Road at 55 - 60 miles per hour. '
Commissioner Beaver disagreed to the statement that the flyover would
only address the traffic problem for a certain two hour period in the
morning. He felt that the traffic problem was on-going, but especially
severe in the morning. He believed the flyover would assist getting the
traffic into the Mayport area. He also felt it would help with traffic headed
westbound in the event it was needed for an evacuation route.
Mayor Shaughnessy pointed out that this particular project did not provide
an evacuation component. Commissioner Beaver responded that he
understood that, but he believed it would assist in getting people off the
island faster heading westbound, especially when the third lane of the
Intracoastal bridge was completed. Commissioner Meserve concurred with
Commissioner Beaver and also felt it would assist people going eastbound
to pick up their belongings in the case. of a hurricane warning to evacuate
the island.
Mayor Shaughnessy then commented on an article in American Cities and
Counties magazine concerning the City of Boston spending $11 billion to
suppress the central artery project underground to relieve congestion and re-
knit neighborhoods divided by the expressway's original construction and
urged Commissioners Beaver and Borno to reconsider their positions and
not support the flyover since she believed it would divide the city down
eight blocks of Mayport Road and do violence to the attendant and resultant
quality of life in the city.
There being no further comments, the motion carried by a three to rivo vote
with Commissioners Beaver and Meserve voting nay.
Mayor Shaughnessy then, inquired as to whether the Commission as a
whole would support the official action, or whether they would be at cross
purposes and speak against it. She inquired if the Commissioners would
agree that it might just be better not to talk about it due to the possibility of
litigation.
Commissioner Meserve believed as the Chairman of the Beaches Chamber
of Commerce and a private citizen he had the right to express his support
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for the flyover, and did not view this in conflict with the city vote. He
stated he would not speak or take any action as a City of Atlantic Beach
Commissioner "that flies in the face of a vote on which he was on the non-
prevailing side."on this matter.
Commissioner Mitchelson felt it would not be in the best interest of the
Commission as a whole to ask the Commissioners on the non-prevailing
side to suppress their opinions. He felt it was best to respect each other's
differences and move forward with the city's business.
Commissioner Beaver concurred with Commissioner Mitchelson's opinion
and stated that he had always prefaced his conversations with "the City of
Atlantic Beach has taken the position, "but if asked, he would express his
personal opinion on the flyover.
Mayor Shaughnessy stated e '~h~a~hat-had-beeu.stated,~
o-be-r~pectfulrof~he-Gonu~issien-s-actions
7. Action on Ordinances:
A. Ordinance No. 9~-99-70-Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 4 ANIMALS, ADDING A NEW SEC.
4-8 LEGISLATIVE FINDINGS; AMENDING SEC. 4-10,
DANGEROUS DOGS, TO CORRECT NUMBERING;
ADDING A NEW SEC. 4-11, CLASSIFICATION OF DOGS AS
DANGEROUS; CERTIFICATION OF REGISTRATION;
NOTICE AND HEARING REQUIREMENTS;
CONFINEMENT OF ANIMAL; EXEMPTION; APPEALS;
UNLAWFUL ACTS; ADDING A NEW SEC. 4-12 ATTACK
OR BITE BY DANGEROUS DOG; PENALTIES;
CONFISCATION; DESTRUCTION; ADDING A NEW SEC.
4-13 BITE BY A POLICE OR SERVICE DOG; EXEMPTION
FROM QUARANTINE; AMENDING CHAPTER 4, ARTICLE
II, DOGS AND CATS, SEC. 4-30(B), CITATIONS
AUTHORIZED; PENALTIES PROVIDED, TO PROVIDE
THAT A SECOND OR SUBSEQUENT OFFENSE BE
WITHIN THREE (3) YEARS FROM THE FIRST OR PRIOR
OFFENSE BEFORE INCREASED FINES ARE APPLIED;
AND PROVIDING AN EFFECTIVE DATE (Commissioner
Beaver)
City Clerk King read the ordinance by title only.
Motion: Approve passage of Ordinance 95-99-70 on final
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June 28, 1999
reading.
Commissioner Beaver explained that the language of the ordinance was
amended to clarify the intent of Section 4-30, as recommended by
Commissioner Mitchelson during the first reading of the ordinance.
Mayor Shaughnessy opened the public hearing and invited comments.
J.P. Marchioli of 414 Sherry Drive inquired if the Animal Control
Ordinance limited the number of pets an individual may own. Mayor
Shaughnessy informed Mr. Marchioli that this amendment to the ordinance
did not address that item.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
The Mayor called a recess at 9:25 p.m. and reconvened the meeting at 9:30
p.m.
There being no further discussion, the motion carried unanimously.
B. Ordinance No. 90-99-168-Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 24, ZONING AND SUBDIVISIONS,
SECTION 24-157, FENCES, HEDGES AND WALLS TO
ADDRESS SETBACK REQUIREMENTS ON CORNER
LOTS; TO PROVIDE FOR SEVERABILITY; AND TO
PROVIDE AN EFFECTIVE DATE (City Commission)
City Clerk King read the ordinance by title only.
Motion: Approve passage of Ordinance 90-99-163 on final
reading.
Commissioner Meserve inquired as to the number of residents that would
have to tear down existing fences because of the ordinance. City Attorney
Jensen advised that the fences would be "grandfathered in," and no one
would have to remove an existing fence.
Mayor Shaughnessy opened the public hearing and invited comments. No
one wished to speak and the Mayor declared the public hearing closed.
There being no further discussion, the motion carried unanimously.
8. Miscellaneous Business
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June 28, ? 999
A. Extend Current Contract with RUS Uniforms of Gainesville to
Furnish and Clean Uniforms for a Period of One Year at an
Estimated Cost of $9,400.00 (City Manager)
Motion: Extend the current contract with RUS Uniforms of
Gainesville to furnish and clean uniforms for a period of one
year at an estimated cost of $9,400.00.
Commissioner Borno inquired if this was a budgeted item, and Public
Works Director Kosoy stated it was budgeted under contractual services.
There being no further discussion, the motion carried unanimously.
B. Extend Current Contract with USA Services of Florida, Inc.,
for Street Stiveeping for a Period of One Year at a Cost of
$19,278.00 (City Manager)
Motion: Extend the current contract with USA Services of
Florida, Inc. for street stiveepinb for a period of one year at a
cost of 819,278.00.
Mayor Shaughnessy inquired as to a schedule for street sweeping.
Public Works Director Kosoy stated that the entire city, including certain
parking lots, is swept every two months. He indicated that the company did
not always begin and end in the same place, but that he could put together
a schedule.
Commissioner Beaver stated he would like to have a published schedule in
order to anticipate when sweeping would occur in certain areas and to be
able to keep the citizens informed. Mayor Shaughnessy concurred with
Commissioner Beaver's request and requested that a published schedule for
street sweeping be made available.
There being no further discussion, the motion carried unanimously.
C. Appropriate $4,000.00 to Replace and Plant a Palm Tree in the
Atlantic Boulevard IVledian in Front of Publix (City Manager)
Motion: Appropriate $4,000.00 to replace and plant a palm tree
in the Atlantic Boulevard median in front of Publix.
Commissioner Meserve stated that he understood there was no guarantee on
the additional palm tree, but he felt it should be replaced.
Commissioner Beaver felt the palm should.not be replaced because of the
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June 28, 1999
expense, and indicated that the dead tree had already been replaced in a
different location in the median. He further stated that Greenscape would
replace shrubs and he would prefer to authorize the expenditure of
$2,500.00 to replace the Lantana plants. He felt the dead palm should be
cut down at ground level and the trunk sodded over.
Commissioner Mitchelson concurred with Commissioner Beaver.
Mayor Shaughnessy indicated that no action would be required because the
City Manager could authorize the expenditure of $2,500.00 for the plants.
The second and motion were withdrawn by Commissioners Beaver and
Meserve respectively and no action was taken.
Mayor Shaughnessy indicated she would like to bring the medians up to par
and replace the palm at a later date if funds become available.
Commissioner Beaver stated the dead palm tree was scheduled to be
removed by the contractor.
Stephen Kuti of 1132 Linkside Drive suggested that the city insure the
palm trees. Commissioner Mitchelson indicated there probably was no
insurance available for trees. Mr. Kuti submitted information for the care
of palm trees to the Commission.
D. Authorize the City Manager to:
(1) Sign a Letter of Agreement Committing Atlantic Beach to
Co-Sponsor the Appearance of the Blue Angels Air Show;
(2) Budget an Amount of $10,000 in the 1999/2000 Budget to
Defray the Cost of Bringing the Navy Air Show and the Blue
Angels to the Mayport Base in November 2000; and
(3) Commit to Providing Beach Cleaning and Public Safety as
Needed for this Event (City 1Vlanager/Commissioner Meserve)
Motion: Authorize the City Manager to sign a Letter of '
Agreement committing the City of Atlantic Beach to co-sponsor
with the cities of Neptune Beach and Jacksonville Beach the
appearance of the Blue Angels Air Show in November 2000 at
an amount not to exceed $10,000.00 to be placed in the
1999/2000 budget to defray the cost of same, with the
understanding that private donations would besought, and to
provide beach cleaning and public safety as needed for the
event.
Commissioner Meserve explained that the $10,000.00 requested help to
defray costs would be the maximum amount required if no private
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donations or sponsorships were forthcoming. Commissioner Meserve
believed sponsorships would pay for the event and the amount needed could
be nothing or significantly less than the $10,000.00.
Commissioner Mitchelson inquired as to the benefits of sponsoring the
event to the City of Atlantic Beach. Commissioner Meserve indicated it
was a community event with wide appeal which would benefit everyone.
Commissioner Mitchelson believed the benefits to the City of Atlantic
Beach would be insignificant since the majority of events would be staged
from Jacksonville Beach.
There being no further discussion, the motion carried by a four to one vote
with Commissioner Mitchelson voting nay.
9. City Manager Reports and/or Correspondence:
10. Reports and/or Requests From City Commissioners and City
Attorney ,
Mayor Shaughnessy
• Inquired if a meeting had been arranged with the Department of
Environmental Regulation (DEP) to discuss the Consent Order.
• Inquired if the maps and overlay previously requested had been
ordered. Community Development Director Worley indicated they
had been ordered.
Commissioner Borno requested that additional overlays other than
zoning be provided, as suggested by former City Manager Jarboe.
He suggested researching the record to find out what was being
requested.
• Inquired why special assessments were kept in the City Clerk's
office.
Commissioner Mitchelson
• Inquired as to when the city could expect responses from John
DeVault and the R-A-M Group.
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Commissioner Borno
As a member of the Project Oversight Committee of Town Center,
reported that the base bid had been let to ABBA Construction, but
included no landscaping. He indicated that other phases of the
project could be contracted separately and the City of Neptune
Beach would be installing sewer lines in conjunction with the Town
Center Project to avoid excavating the streets twice.
Commented that the landscaping for the lifeguard building and
street end was targeted to be completed by the July 4th dedication.
Requested that the large quantity of seaweed which washed up on
the beach be removed.
Mayor Shaughnessy
Explained that the $588,000.00 bid accepted for the Town Center
project included no funds for landscaping. She then inquired if
the city would like to make up the shortfall and requested that this
item be placed on the next Commission agenda.
Indicated that plans for improvements to the second block of
Ocean Boulevard, which was not included as part of the Town
Center project, had been completed. She stated that a bid received
in the amount of $64,000.00 for the work was good for sixty
days and included hardscape -planters for both sides of the street,
plants, etc. She then inquired if the city would like to enter into a
contract for this work with the bidder, and requested that this item
be placed on the next agenda.
Requested that Cultural Arts Board attendance be placed on the next
agenda. Commented that Gary Seabrook was going to step down as
aboard member and she wished to make him an ex-officio (non-
voting) member of the board. The Mayor also indicated she wished
to reappoint Woodie Winfree to the board.
Distributed information concerning Governor Jeb Bush's Florida
Forever Act to City Clerk King and requested that it be copied for
the Commissioners.
Stated she would like Public Works Director Kosoy to look into
having the beach cleaned for the Fourth of July.
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There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:30 p.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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