01-12-04 v~,,..,, MINUTES
REGULAR CITY COMMISSION MEETING
JANUARY 12, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Attorney Alan C. Jensen
Commissioner Paul B. Parsons City Manager Jim Hanson
Commissioner Sylvia N. Simmons City Clerk Maureen King, CMC
Commissioner J. Dezmond Waters III
ABSENT:
Mayor Pro Tem Richard Beaver
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Mayor Meserve was followed by the Pledge of Allegiance to the
Flag.
Approval of Minutes 1. Approval of Minutes of the Regular Meeting of
December 8, 2003
Motion: Approve Minutes of the Regular Meeting of
December 8, 2003.
Moved by Waters, seconded by Parsons.
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Public Comments
Plaza Traffic Calming A. Presentation by Volkert & Associates relative to traffic calming
options for the 300 block of Plaza
Angelo Rao, Transportation for Livable Communities Engineer, made a
short presentation on traffic calming and how it could be used to improve
the quality of life in a city. Mr. Rao displayed various types of traffic
calming devices and briefly explained their use.
Mr. Rao assured the Commissioners that traffic and pedestrians do mix, but
at speeds of 40 mph, fatalities increased 90%. He indicated that the FDOT
was now involved in traffic calming and was using marked crossings and
pedestrian respite areas in the middle of wide roads for increased safety.
January 12, 2004 REGULAR COMMISSION MEETING Page 2
.,~ Mayor Meserve inquired as to his recommendation for Plaza and Mr. Rao
responded that Plaza was an anomaly in that the medians should provide for
traffic calming. Discussion ensued and he suggested the use of flattop
speed humps or alternate street parking as options to calm traffic in that
area.
Commissioner Waters inquired concerning the use of a traffic circle at the
five-way stop. Mr. Rao indicated that awell-engineered traffic circle was
an effective traffic calming device, but its installation usually resulted in an
increase in fender benders until drivers learned how to safely merge into the
circle.
Veterans' Park B. Presentation by Pete Dowling regarding proposed plans for
Veterans Park
Pete Dowling, Vice Chairman of the Northeast Florida Veterans Council,
reported that after receiving input from Recreation Director Timmy
Johnson, the Mayor, and Michael Hoffman, Chair of the Marsh Oaks
Neighborhood Association, (the area where the park is located), a design for
the park was rendered by local architect, Tat Chan.
Mr. Dowling presented a preliminary budget for the project in the amount
,'"` of $269,463, which he indicated should be increased approximately
$20,000, bringing the total budget to just under $300,000. Mr. Dowling's
report is attached and made part of this official record as Attachment A.
Discussion of the park amenities ensued. Commissioner Parsons inquired if
the proposed shelter roofs were patterned after those in the new park in
Jacksonville Beach, which were designed to allow water to filter through to
discourage use by the homeless. Mr. Dowling responded that they were
not. Commissioner Waters inquired concerning the purpose of the
serpentine wall. Mr. Chan responded that the wall separated the two areas
of the park and provided a noise barrier to allow for a quiet, more reflective
area near the flagpole in the memorial area of the park.
Following discussion of the playground area, it was the consensus of the
Commission to fully support the Veterans Park concept. Mayor Meserve
indicated the need for a place to hold a military ceremony and volunteered
to see if he could find donations to help with construction of the memorial
park.
Stephen Kuti of 1132 Linkside Drive indicated the importance of police
protection as a determining factor when he moved to the City of Atlantic
Beach several years ago, and expressed full support of Item 8C. He
suggested pay increases halfway between the pay of the Jacksonville
January 12, 2004 REGULAR COMMISSION MEETING Paee 3
Sheriff s office and the city's current pay scale. To improve morale, Mr.
Kuti suggested regular meetings with the Police Chief and Commissioners.
Janet Lambert of 314 Plaza requested that the speed humps be reinstalled
on Plaza as soon as possible.
Susan Perry of 179 Pine Street complained that her neighbors frequently
held noisy parties that disrupted the neighborhood, where alcohol was
served and open fires were built in either grills or barrels. She felt the open
fires presented a serious threat to her neighborhood and inquired if they
were permitted.
J. P. Marchioli of 414 Sherry Drive commented on the following: (1)
Suggested the use of flattop speed humps on Plaza, (2) Education of
motorists concerning pedestrian crossings, (3) Traffic on Sherry Drive and
the difficulties of backing out into traffic, (4) Suggested leaving the 5-way
intersection as is, and (5) Suggested the construction of wide sidewalks in
the Veterans Park.
3. Unfinished Business from Previous Meeting
City Manager's A. City Manager's Follow-Up Report
Follow-Up Report
In addition to his written report, which is attached and made part of this
official record as Attachment B, City Manager Hanson reported on the
following items:
• The city would not receive state grant funding this year for
construction of the skate park. It was reported that $75,000 was
budgeted for the project and the Rotary Club agreed to raise $50,000
for the park, leaving a shortfall of $25,000.
• Reported that the next Hazardous Waste Collection would be held
on Saturday, January 24th in the Russell Park parking lot from 8:30 -
3:00 p.m.
Consent Agenda 4. Consent Agenda
Commissioner Waters requested that Items A and C be removed from the
Consent Agenda for discussion.
B. Award a contract to Gruhn May in the amount of $111,488.31
for Park and Mealy Street water line replacement, pursuant to
the specifications of Bid No. 0304-02 (City Manager)
~--
January 12, 2004 REGULAR COMMISSION MEETING Page 4
r D. Award contract to Bestcon Fence, Inc. in the amount of
$38,790.96 for Security Fencing Improvements at Treatment
Plants, pursuant to the specifications of Bid No. 0304-04 (City
Manager)
E. Approve the purchase of two 4-inch double diaphragm pumps
from Myers-Seth Pumps, Inc. at a cost of $19,750.00 pursuant to
the specifications of Bid No. 0304-06 (City Manager)
F. Award an annual contract to Trim-All Lawn Service in the
amount of $70,440.00 for maintenance of Atlantic Boulevard
medians, Town Center landscape and Mayport Road Flyover
landscape pursuant to the specifications of Bid No. 0304-07 (City
Manager)
Motion: Approve Consent Agenda Items B, D, E and F as presented.
Moved by Parsons, seconded by Waters.
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
"'' MOTION CARRIED
A. Acknowledge receipt of the following monthly reports: Building
Department activity reports (November and December), New
Occupational Licenses, Public Works and Utilities, and Utility
Sales Report (November and December) (City Manager)
Commissioner Waters reviewed the activity reports from the Building
Department and commented on the value of the renovations and new homes
constructed. He felt the "new" money generated by the increased value
could be used to fund the increases for police officers requested under Item
8C.
Motion: Approve Consent Agenda Item A as presented.
Moved by Parsons, seconded by Waters.
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Award a contract to Gruhn May in the amount of $85,745.00 for
Rehabilitation of Sludge Tanks at Wastewater Treatment Plant
January 12, 2004 REGULAR COMMISSION MEETING Paee 5
No. 2, pursuant to the specifications of Bid No. 0304-03 (City
Manager)
Commissioner Waters inquired as to why the complete contract, including
the additive alternate, was not awarded to Worth Contracting, the apparent
low bidder if both the base bid and alternate were totaled together.
Utility Director Kaluzniak responded that the specifications for the additive
alternate bid were not well written and it was determined that it should not
be awarded at this time. New specifications will be written for additive
alternate.
Motion: Approve Consent Agenda Item C as presented.
Moved by Parsons, seconded by Waters.
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
""'"' None.
Resolutions 6. Action on Resolutions:
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, APPROVING THE ASSIGNMENT OF THE
CURRENT CONTRACT WITH BFI TO CAPITAL
ENVIRONMENTAL RESOURCES, INC. (CERI) (City
Manager)
Motion: Adopt Resolution 04-01.
A revised Resolution was distributed to the Commissioners. City Attorney
Jensen explained that the revised Resolution included reference to an
Assignment and Assumption of Contract agreement, which was included as
part of the Resolution.
Moved by Parsons, seconded by Simmons.
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Ordinances 7. Action on Ordinances
January 12, 2004 REGULAR COMMISSION MEETING Paee 6
None.
Miscellaneous Business 8. Miscellaneous Business
Clarification of Clay A. Request for clarification of pervious action by the City
Bennett Surfboards Commission related to aUse-by-Exception and permitted uses
Use-by-Exception within the Ashland Mini-Storage Warehouses located at 1089-
1095 Atlantic Boulevard relative to Clay Bennett Surfboards,
Inc. (City Manager)
Community Development Director Doerr provided background information
concerning how the business came to be located and licensed to do business
in the Ashland Mini-Storage Warehouses. Her report is attached and made
part of this official record as Attachment C.
Discussion ensued with Commissioners Waters and Simmons expressing
safety concerns associated with the manufacture of surfboards and the
inconsistency with the permitted uses for the Commercial General zoning
district. Commissioner Parsons pointed out that Mr. Bennett had been
operating at the old location for three years. He indicated that he had
observed the business operations at the new location (Unit 29), and the
additional space was being used as a showroom for the sale of the
surfboards.
Mayor Meserve inquired if Mr. Bennett would be able to meet the
requirements of the building and fire departments to continue operation of
his business in Unit 29. Community Development Doerr responded that he
could meet the requirements.
City Attorney Jensen advised that Mr. Bennett had been legally operating
his business at Ashland Mini-Storage Warehouses for three years and was
moving his operation within the same complex as anon-conforming use-by-
exception, not to another location.
Motion: Grant approval to continue the operation of Clay Bennett
Surfboards, Inc. at Unit 29 of Ashland Mini-Storage Warehouses
located at 1089-1095 Atlantic Boulevard, subiect to compliance with all
Building and Fire Code reauirements.
Moved by Parsons, seconded by Meserve
Votes:
Aye: 3 -Parsons, Simmons, Meserve
Nay: 1 -Waters
MOTION CARRIED
January 12, 2004 REGULAR COMMISSION MEETING Page 7
Stn Street Beach Access B. Approve request from the Stn Street Beach Access Committee
Imp. Matching Funds for matching funds of 50% of the cost of improvements at Stn
Request Street Beach Access in an amount not to exceed $4,000 (City
Manager)
Access Committee
Beach Access in an amount not to exceed $4,000.
City Manager Hanson explained the request and indicated that the shrubs to
be planted along the walkway must be trimmed on a regular basis or they
would overgrow the area.
Commissioner Parsons confirmed with Parks and Recreation Director
Johnson that the city would provide for annual maintenance in matching
funds not to exceed $300.00 per year.
Commissioner Waters indicated his support of the project, including the
drip irrigation system, but emphasized that the plants must be trimmed
frequently to keep the access open.
~'"'~' Moved by Parsons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Police Officer C. Approve staff recommendations regarding measures to
Retention encourage retention of Police Officers (City Manager)
Recommendations
City Manager Hanson deferred to Chief Thompson for an explanation of the
request.
Chief Thompson provided background information concerning the retention
problems of the police department and reviewed each item of his request.
A copy of his report, including a summary of recommendations is attached
and made part of this official record as Attachment C.
The following recommendations were made: 10% add pay for Field
Training Officers (FTO's), 5% add pay for Crime Suppression Unit
Members, plus a clothing allowance of $650 per person per year, 5% add
pay for Evidence Technicians, and 5% add pay for SWAT Team members.
It was also recommended that the pay plan be constructed to show the
intention to elevate pay beyond a cost of living adjustment. It was
recommended that language be adopted establishing the "intent to provide
January 12, 2004 REGULAR COMMISSION MEETING Page 8
$~,.•. annual pay increases in the range of 3% per year, in addition to any cost of
living adjustments."
Motion: Accept and enact the recommendations contained within the
report in total, and brim back a copy of the actions with costs.
Commissioner Parsons requested that the 3% pay increase per year, in
addition to any cost of living adjustments, be applied to all departments
within the city and requested a report be submitted identifying those costs.
It was pointed out that this action demonstrated the intent of the
Commission, but it could not be immediately implemented due to the fact
that it must go to the Police Department Union for approval.
Discussion ensued. Mayor Meserve stated that he had met with members of
the Police Department to discuss their problems. He stated that he
supported the recommendations, but there were also other unions to deal
with.
City Manager Hanson agreed that the recommendations should apply to all
employees and indicated that implementation of the recommendations may
not cost as much as first thought due to stratification.
~'""
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Aquatic Gardens Pond D. Authorize the City Attorney to proceed with the necessary legal
Lien action to acquire the Aquatic Gardens pond for the value of the
city's lien against the property (City Manager)
Motion: Authorize the City Attorney to proceed with the necessary
legal action to acquire the Aquatic Gardens pond for the value of the
city's lien against the property.
There was no discussion.
Moved by Parsons, seconded by Waters.
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
January 12, 2004 REGULAR COMMISSION MEETING Page 9
~,..,. City Manager's Report A. City Manager's Report
City Manager Hanson commented on the following items from his written
report:
• Reported that Paul Paloti from the Public Works Department and
Vic Gualilo from the Police Department had received bonuses
through the city's Bonus Program.
• Indicated that a comparison of pay, benefits and other policies
between union members and general employees was included with
the report.
In addition to the written report, City Manager Hanson reported on the
following item:
• Reported that the Police Department Explorer Post received a
National Award of Excellence.
City Commissioners 10. Reports and/or requests from City Commissioners and City
Reports/Requests Attorney
''' City Attorney Commissioner Simmons
Reports/Requests
• Reported she had observed problems with the following at
construction sites: Parking, damaged landscaping, broken
sidewalks, PODS, construction trailers, dumpsters, Port-o-lets,
and dirt and litter in the streets. To lessen the problems, she
suggested providing contractors with a list of rules specifying
what was expected by the city during construction when pulling
permits.
Commissioner Parsons
• Suggested using "The Count" Turtle sign at the construction
site on Ocean Boulevard when the palm trees are being moved
from one side of the street to the other.
• Commented that BellSouth consistently left its construction
sites in a mess.
• Suggested that trees be planted in the medians on Selva Marina
Drive to curtail damage caused by vehicles turning around and
that the area be included in the city's tree planting program.
• Expressed concern about the open fires reported on Pine Street.
Januarv 12, 2004 REGULAR COMMISSION MEETING Pase 10
Commissioner Waters
• Inquired as to the number of accidents that had occurred at the
5-way stop intersection. Chief Thompson advised that there
was a low incidence of accidents at the location for the volume
of traffic. Chief Thompson stated that was no current traffic
study for the intersection, but he believed between 8-10,000
vehicles per day passed through the intersection.
• Stated he had received complaints about a house located at 16`"
Street and Beach Avenue, which has been under construction
for two years. He indicated that no work had occurred at the site
for a very long time and requested that staff look into this and
report back.
The Mayor
• Reported that he had been appointed as a representative to the
Super Bowl Committee. He indicated there would be an air
show at the beach as part of the Super Bowl festivities.
• Suggested that asidewalk/bicycle path be installed in the
medians on Selva Marina Drive since there were no sidewalks
on the street.
• Requested that the Plaza traffic calming issue be included on
the next agenda for action. Commissioner Simmons requested
that bicyclists be kept in mind when making a decision.
• Inquired if anything could be done to prevent the accidents that
recently occurred in Town Center. Chief Thompson stated that
little could be done to prevent accidents caused by the
combination of alcohol and a high rate of speed.
Adjournment There being no further discus
adjourned at 9:45 p.m.
ATTEST:
Maureen Kin c~
.'., g
Certified Municipal Clerk
declared the meeting
John~e~e~Mayor/Presiding Officer
*See other side
*Commissioner Waters requested that the minutes be amended to reflect the comments
made by Chief Thompson concerning the Mayor's inquiry relative to the two accidents in
Town Center.
Mayor Meserve inquired concerning the last automobile accident in Town Center
resulting in the death of the driver. He stated that two serious accidents involving rates of
speed of more than 100 m.p.h. had occurred in recent months where both vehicles hit the
monument on the Neptune Beach side of Town Center, and asked if this type of accident
had happened in the past.
Chief Thompson recounted one similar accident in which the vehicle was traveling at a
high rate of speed and hit the barricade and ejected the driver and passenger. Chief
Thompson stated that historically, almost all of the accidents were alcohol and speed
related. He felt the problem was not caused by installation of the monuments and
landscaping in Town Center.
Mayor Meserve inquired if there was anything that could be done to make the area safer
and to save the monument from being hit in the future. Chief Thompson stated that there
was probably nothing that could be done relative to the monument. He felt hitting the
monument kept the drivers from hitting pedestrians, and bricks were probably better than
a steel pole. He stated that nothing could be designed to allow intoxicated drivers,
speeding 100+ m.p.h. to safely pass through Town Center.
Commissioner Simmons suggested the use of reflectors on the islands before the
monuments. Chief Thompson stated that reflectors could be put at that location, and
they might be helpful for some, but for cars traveling at such high rates of speed, with
alcohol involved, the drivers would not see the reflectors. Commissioner Waters inquired
if it would be beneficial to install flashing red lights on the corner, and Chief Thompson
responded that the red reflectors and flashing lights located at the end of Plaza do not
deter speeding/intoxicated drivers from hitting a house on Plaza. He indicated that those
drivers were unable to discern the lights, and in fact the flashing red lights might just
confuse them more.
I
December 15, 2003
ATTACHMENT A
JANUARY 12, 2004 COMMISSION MEETING
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Clarence Hill, Chairman
Veterans Park Oversight Committee
RE: Atlantic Beach Veterans Memorial Park
Clarence:
In response to your request from the Northeast Florida Veterans Council for assistance
with the development of-the above referenced park, I,sought and received design input-
from architect Tat. Chan, president of VIA Concepts,. LLC.
Following conversations with Mr. Chan, Michael Hoffman, a focal community
representative, Tim Johnson, Director of Parks and Recre ation foP~Atlantic Beach and
John Meserve, Mayor of Atlantic Beach, the attached Preliminary Site Plan was
developed. From the Site Plan, I prepared a Preliminary B udget with a general
breakdown as described below.
Preliminary Budget
Atlantic Beach Veterans Memorial Park ( 70, 900 SF)
Item # Descrip#ion Veteran Area(18,200 SF) Cit y Area(52;700 SF) Total
1. Design & Engineering $ 5,000 $ 15,000 $ 20;000
2. Permitting 750. 2,250. 3,000
3. Surveys 625 1,875 2,500
4. Grading & Fill 250 750 1,000
5. Bermuda Grass 3,403 10,228 13.,613
6. Fencing 3,780 11,340 15,.120
7. Concrete Pads 8~ Walkways 10,185 30,555 40,740.
8. Brick Pavers 6,.135 18,405 24,540
9. Serpentine Wall 10,500. 31,500 42,000 .
10. Flagpole' 4,200 -0- 4,200
11. Veteran Shelter(1) 18,000 -0- 18,000 .
12. Playground Shelters(2) -0- 30,000 30,000
13. Playground Expansion -0- 4,200 4,200-
- 14. Basketball Court -0- 24,000. 24,000
15. Lighting 1,500 4,500, 6,000
16. Irrigation '..1,500 4,.500. 6.,000
17. Trees and Plants 6,000 4,504 - 1,500
1S. Signage 1,050 3,150 4,200
19. Continoencies(3%) 1.962 5,888 7,850
BUDGET TOTALS $ 109,665• $ 159,798. $ 26.9,463
Following committee evaluation and adjustments, I feel this Budget and the Preliminary
Site. Plan sh provide a solid start toward seeking funds for this worthwhile project.
Sin drel
Pete Dowling, Vice Chairman
Northeast Florida Veterans ncil
AGENDA ITEM #2B
JANUARY 12, 2004
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18, PAGE 34
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VETERANS MEMORIAL PARK
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January 5, 2004
'`' ,,
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
-.--C-`i
SUBJECT: Follow p Report
ATTACHMENT B
JANUARY 12, 2004 COMMISSION MEETING
PODS Safety; A question was recently raised about the safety of the PODS storage units,
specifically if people could accidentally get trapped inside similar to children playing in junked
refrigerators. Don Ford has inspected these and determined that they can be opened from the
inside unless a lock has been placed on the outside. ~ Consequently, it would be impossible for
someone to accidentally get locked in unless the second person on the outside of the unit locked
it while the first person was inside. Also as a result of the recent discussions about PODS, the
city's Code Enforcement Officer, Alex Sherrer, has notified the PODS company again of the
city's requirement for permitting and limit on time that they can be left in Atlantic Beach.
Sidewalk at Stb and Sherry; The proposed property acquisition of a small triangular shaped
strip of property on 5~` Street adjacent to the Sherry Drive intersection has been discussed with
the Commission in several recent meetings. Most recently, Mayor Meserve indicated that he had
been called by the owner, Trisha Lawrence, who felt that the issue could be resolved with city
staff. Since then, I have spoken with her and reached a tentative agreement that she would sell
the property to the city (either in fee simple or in easement) for the fair market value of the
property and if the City would install the necessary drainage to correct any resulting problems
that may occur in her yazd from the sidewalk's installation. At the time of the writing of this
report, city staff has transmitted a drawing of the proposed drainage improvements to
Ms. Lawrence and an appraisal on the small piece of property is being sought. It is star s
intention to have this completed and back on the agenda for Commission approval at the second
commission meeting in January on the 26~'.
Beach Renourishment; Officials from the three beach cities have spoken with Jacksonville
elected and appointed officials on several occasions about the need to bring professional
consulting services on boazd to better monitor the progress towazd the beach renourishment
project currently planned for fiscal year O5. Most recently, Mayor Meserve met with Mayor
Peyton to raise this and several other Atlantic Beach issues. Preliminary comments back from
Mayor Peyton's staff indicate a willingness from the City of Jacksonville to supplement their
existing efforts with paid consulting staff and to participate in funding with the beach cities.
Details are yet to be worked out.
AGENDA ITEM #3A
JANUARY 12, 2004
Restructurinil of Water and Sewer Rates; When the City Commission last reviewed the
proposed restructuring of the water and sewer rates in the meeting on October 13, 2003,
comments from the St. Johns River Water Management District limiting the options available for
phasing in the rates were presented. The Commission indicated a desire to implement the
changes for residential customers immediately (per Water Management District requirement) but
to keep the phase in for the commercial customers. This raised a question of the revenue
neutrality of the restructuring over the phase in period and staff was asked to re-run the numbers
to see what the financial impact would be. We in turn asked Mike Burton Associates to prepaze
the information. However, that firm lost some key staffrecently and has yet been unable to
prepaze the information requested. No action is recommended by the Commission at this time.
This report is only submitted to provide a status as to why the work is taking so long.
~,."`
ATTACHMENT C
JANUARY 12, 2004 COMMISSION MEETING
CITY OF ATLANTIC B>N:aca1
CITY COMMISSION STAFF REPORT
,'"'``
AGENDA ITEM: Request for clarification of previous action by the City Commission
related to aUse-by-Exception and permitted uses within the Ashland
Mini-Storage Warehouses located 1089-1095 Atlantic Boulevard
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: December 16, 2003
BACKGROUND: In 1986, the Commission approved a list of permitted uses and specific
businesses that could operate within the Ashland Mini-Storage Warehouses located at 1089-1095
Atlantic Boulevard within the Commercial General Zoning District. Over the past 15 years,
numerous other businesses have been permitted to move in and out of the mini-warehouse
facility, provided these were the same type of business included within the 19861ist.
Approximately 2'/Z years ago, City staff granted zoning approval for issuance of an Occupational
License to Clay Bennett Surfboards, Inc., which permitted a surfboard manufacturing business to
locate within Unit #22 of the Ashland facility. In October of 2003, Mr. Bennett applied for a
transfer of Occupational License after relocating his business to another unit (#29) within the
Ashland center. In reviewing the City files related to the uses approved in 1986, the shaping and
manufacture of surfboards was not included in the list of authorized uses and does not appear to
be similar to other uses that were authorized and intended for this facility. The minutes of the
September 08, 1986 meeting (attached) and the motion for .action excluded manufacturing,
welding and also a business that manufactured surfboard wax from the list of permitted uses.
The current zoning regulations prohibit any type of business from being conducted within mini-
warehouses, since these generally are not constructed to meet building code standards or to
comply with other regulations for such use. While Staff considered the business as a
Nonconforming Use in its previous location, Section 24-85 (d) (2) prohibits the relocation of
Nonconforming Uses. (The production of surfboards may be approved as aUse-by-Exception
within the CG district, where conditions are appropriate.) Staff recognizes that the Ashland
facility is somewhat unique as compared to other commercial areas, and further that Mr. Bennett
has substantial personal investment in this location, but the manufacture of surfboards would
seem to be more consistent with the Light Industrial and Warehousing District.- The business has
recently been inspected by the Building Department and Fire Services, and numerous violations
exist. Mr. Bennett is advised, that if the business is permitted to remain in this location, all
violations must be immediately corrected.
RECOMMENDATION: Staff requests clarification as to whether: 1) the manufacture of
surfboards is similar to the uses approved in 1986, and therefore should be considered a
permitted use; 2) the use is not a permitted use at this location, or 3) approval of a new Use-by-
Exception is required in order for the business to remain in Unit # 29 of Ashland Center.
BUDGET: No budget issues.
ATTACHMENTS: Section 24-85, minutes from the September 08, 1986 Commission meeting
and related correspondence.
REVIEWED BY CITY MANAGER:
January 12, 2004 regular meeting
AGENDA ITEM #8A
JANUARY 12, 2004
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
~ limitations as set forth within the Comprehensive Plan, unless otherwise exempted in preceding
paragraph (1) or in accordance with a valid unexpired vesting determination.
(4) After the initial effective date of these Land Development Regulations, no Lot or parcel in any
Zoning District shall be divided to create a Lot with area or width below the requirements of this
Chapter and the Comprehensive Plan.
(c) Nonconforming Structures.
(1) No Nonconforming Structure shall be expanded or enlarged unless such expansion or
enlargement complies with other provisions of this Chapter, including Yard Requirements, or
unless a Variance has been obtained from the Community Development Board, in accordance
with the requirements of Section 24-64 of this Chapter.
(2) In the event that more than fifty (50) percent of the value of a Nonconforming Structure is
destroyed or damaged by any means, the Structure shall not be reconstructed except in
compliance. with the provisions of this Chapter, or alternatively, in compliance with the terms of a
Variance granted by the Community Development Board in accordance with the requirements of
Section 24-64 of this Chapter. In determining the value of a Nonconforming Structure, either the
Assessed Value or the Appraised Value may be considered, subject to approval of the Building
Official.
(3) Any Nonconforming Structure, or portion thereof, that is declazed unsafe may be restored to a
safe condition. Building Permits shall be required.
(4) A Nonconforming Structure may be maintained, and repairs and alterations may be made, except
that no Structural Alterations shall be made except those as required by law. Repairs, such as
plumbing or changing of partitions or other non-structural Alterations, are permitted. Building
Permits shall be required.
(5) No additional Structure not conforming to the requirements of this Chapter shall be constructed in
connection with the Nonconforming Use of Land.
(6) Any existing Nonconforming Structure that is encroaching into public Right-of--way shall not be
rebuilt, enlarged, or structurally altered unless such encroachment is removed.
(d) Nonconforming Uses.
(1) Continuation of Nonconforming Uses. Uses of Land which were lawfully created at the time
such Uses were established, but which would not be permitted by the restrictions imposed by
these Land Development Regulations or by restrictions imposed by the Comprehensive Plan, may
be continued so long as they remain otherwise lawful and in compliance with the provisions of
this Section.
~~ (2) Relocation or expansion of Nonconforming Uses. A Nonconforming Use shall not be moved in
whole or in part to any other portion of the Lot or parcel on which such Nonconforming Use is
located, nor shall a Nonconforming Use be expanded or enlarged.
Ordinance Number: 90-03-184
Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
42
AGENDA ITE1~4 #8A
JANUARY 12, 2004
12-3-03
Clay Bennett
Clay Bennett Surfboards,Inc.
1089 Atlantic Blvd.
Atlantic Beach, FL. 32233
City of Atlantic Beach
Community Development Board
800 Seminole Road
Atlantic Beach, Florida 32233
Re- Appealing the denial to approve re-location From unit #22 to #29
Dear Community Development Director:
I am requesting that you please reconsider our application
to renew our business license for our new unit, within the same
facility as our original location. The following information
may help.
1. First of all, T called the business license official at Atlantic
Beach when we considered moving to #29. I was told to just g.o
ahead and move and renew the license when it was due. I defin-
itely was not informed that I would lose the "grandfathered"
grace that I had in unit #22.
2. I was doing exactly the same work in unit #22 -- in which, the
smaller size in #22 made it less safe and less environmentally
controlled, than now in unit #29.
3. I have invested everything I own (plus the money and time of
friends and investors) in building-out and constructing safety
and environmental controls to make unit #29 the safest surf-
board shop in Jacksonville.
4. I have a wife and 5 young children who .depend on me----
we would lose everything and be devasated if we cannot continue.
5. It is my understanding that the main reason for this zoning
variation on the front strip is due to the visual impact on
units facing Atlantic Blvd. The way my shop is set up, the
only part of the shop visible from the front is the retail
store anyway. You'd have to see it to appreciate it.
6. Not wishing ill will on others; however there are other
businesses on the exact same strip of units that use fiberglass
and. combustible materials - so maybe other businesses in
the same strip have also requested and been granted an exception.
AGENDA ITEM #8A
JANUARY 12, 2004
7. I have already installed a controlled ventilation system
and dust retrevial system and am willing to make any
additional upgrades or changes to be safer or more
compatible.
8. One last note, Ash Properties on site manager knowingly
signed me to a 3 year lease being fully aware of the details
of my business (having already been in unit #22), and failed
to inform me of any zoning variation between #22 and #29,
at 1089 Atlantic Blvd. at Atlantic Beach.
I am a very. small business, trying my best to work hard
and do everything I should to comply to all rules and make ends
meet for my family. Please consider our request for an exception
and gracefully grant our request.
Thank you,
Clay D. Bennett
Clay Bennett Surfboards, Inc.
please mail any correspondense
to our home address
Clay D. Bennett
1205 19th street North
Jacksonville Beach, FL 3225.0
.,.
AGENDA ITEM #8A
_ > JANUARY 12, 2004
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMWOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5845
http://ci.atlantic-beach.fl.us
November 4, 2003
Clay Bennett
Clay Bennett Surfboards, Inc.
1205 19th Street, North
Jacksonville Beach, Florida 32250
f~~f COPy
Re: Application for Occupational License to re-locate business
Dear Mr. Bennett:
Your application for an Occupational License to relocate your surfboard manufacture
business, along with wholesale and retail sales of related products, has been forwarded to
the Planning and Zoning Department. The mini-warehouse facility located at 1089
Atlantic Boulevard received aUse-by-Exception in 1986 to allow certain uses to operate
or remain in that facility. The manufacture of surfboards, or any activity that involved
the. use of fiberglass or combustibles, however, ~~was not included within that list of
permitted uses.
The City recognizes that your business has, for several years, been located within a unit
of the mini-warehouses at 1089 Atlantic Boulevard, and considers your business to a
nonconforming "grandfathered " use for that specific location. That status, however,
does not apply to other locations within the facility. Accordingly, the City cannot
approve your application for an Occupational License to re-locate your business from
Unit #22 to Unit # 29. I have enclosed a copy of the Use-by-Exception approved in 1986
along with applicable current regulations. You may contact me at 247-5826 with .any.
questions.
Sincerely,
Sonya err, AIC
Community Development Director
cc: Don Ford, CBO, Building Official
,,~°'"'` Alan Jensen, City Attorney
Maureen King, City Clerk
AGENDA ITEM #8A
JANUARY 12, 2004
a
PAGE THREE V V
MINUTES
"~`" ~ NAME OF
SEPTEMBER 8,1986 COMMRS. M S Y N
5. Action on Exceptions - continued A.
Motion: Approve the application by Brian Feltis for a Use by Cook x x
-~-- Exception to operate a contractor's office in a CG zone, Edwards x x
"~ with no outside storage, on Atlantic Blvd. Gulliford x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * *•* * * * * * * * * * * * * * * * * * * * ~c it ~
B. Public Hearin on an a lication b Earl and Jo-Ann Grunewald to
establish a cabinet shop by exception in a CG zoned area at 92
West Eighth St. -
Mayor. Howell announced the Advisory Planning Board had considered the
application of Karl and Jo-Ann Grunewald, doing business as .K :& J
carpentry to operate an office and showroom for custom cabinets at
92 West Eighth St. and recommended approval of the application. The
Mayor opened the floor for a Public Hearing and invited comments from
the audience. As no one spoke for or against, Mayor Howell declared the
Public Hearing closed.
Motion: Approve the application by Karl and Jo-Ann Grunewald for Cook x5
a Use by Exception to operate an office and showroom for Edwards x x
custom cabinets at 92 West Eighth St. Gulliford x x
Howell x
No discussion before the vote. Motion carried unanimously.
C. Public Hearing on an application by Ashland Investments for an
exception for businesses at 1089, 1091, and 1095 Atlantic Blvd
hfayor Howell_ announced the Advisory Planning Board had considered the
application by Mike Ash ,for a Use by Exception for businesses at 1089 ,
1091 and 1095 Atlantic Blvd and recommended approval with the exceptio
~f Atlantic Beach Welding and Surf Wax, Inc. The Mayor opened the floor
for a Public Hearing on the application with the exceptions of Atlantic
3each Welding and Surf Wax, Inc a Mr. Alan Jensen, attorney representi
Ashland Investments advised the Commission he had requested a Use by E
~eption for all the businesses presently located at Ashland Center and
ze asked the Commission to consider including the two above mentioned
Businesses in the Use by Exception. Mayor Howell told Mr. Jensen the
present Ordinance did not provide for welding and manufacturing, but
:hey were both grandfathered in. As no one else spoke for or against,
`_he Mayor declared the .Public Hearing closed. .
~ Motion: Approve the application by Mike Ash for a Use by Exception Cook ~ x
for businesses at 1089, 1091, and 1095 Atlantic Blvd. with
i Edwards x x
the exceptions of Atlantic Beach Welding and Surf Wax,Inc. Gulliford x x
"'"' Howell x
.scussion before the vote. Motion carried unanimously.
AGENDA ITEM #8A
- ~ ~ JANUARY 12, 2004
ASHLAND CENTER COMMERCIAL TENANTS
A5 OF AUGUST '~-~k~
1.
2. Servpro of the Beaches - Office & Working for retail carpet cleaning
3. American Marine Decking, Inc. - Decking Contractor
4. Linda's Upholstery - Upholstery Work •
5. J & J Auto Upholstery - Upholstery Work
6. Gandy Tool - Tool and assembly
Atlantic Beach Welding - Welding Repair Service
8. Ness and Ness -- Painting contractor *no..combustible materials stored
• on the premises.
9. Roy Conner - Carpentry
10. Mandarin Fan Company - Storage of Lighting
11. Eurpac East - Navy Supply Sales
12. M & M Appliance - Retail repair of major appliances
13. The Spoke Shop -Storage
Surf Wax, Inc. - Manufacture of surf. board wax .~.L~!
15. Kratsas Food, Inc. - Repair and storage of restaurant equipment
16. Byrnes Company - Woodworking
17. Custom Auto.- Car cosmetics (trim, etc.)
18. John Moon Plumbing - Storage of materials and office
19. Terry Crenshaw - Storage
20.
21. Richard Lyons - Storage of classic cars
22. Landscape Design & Services, Inc. - Storage of Lawn Equipment
23. Mitco Water Laboratories - Storage of W/T chemicals & equipment
24. Ben Adams - Sma11 Engine Repair
25. La France - Pet grooming & retail pet supplies
26. Brooks & Limbaugh - Office and Storage.
27. Decorator Furniture Warehouse - Storage
28. Coastal Corvettes, Inc. - Retail sales of auto parts for corvettes
29. Sperry - Electronics sales and service
30. Sperry - Electronics sales and service
,."'"'.
ATTACIiMENT D
JANUARI' 12, 2004 COMMISSION MEETING
~~`"'
AGENDA ITEM:
DATE:
SUBMITTED BY:
BACKGROUND:
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Police Officer/Employee Retention Issues
December 27, 2003
David E. Thompson, Chief of Police/DPS
Since 1999, the Atlantic Beach Police Department has lost fourteen (14) officers to other
law enforcement agencies in northeast Florida, and Atlantic Beach expects to lose several
more officers within the next six (6) months. Most of the officers were hired by the
Jacksonville Sheriff s Office, which is a continuation of a trend that started in the late
1980s. However, over the past four (4) years, Atlantic Beach has lost officers to the
Neptune Beach Police Department, Jacksonville Beach Police Department, Clay County
Sheriff s Department, and the State of Florida. Losses to these agencies. have been
extremely rare in the past.
In attempting to reduce the loss of officers to other agencies, the solution is not as simple
~' as merely raising the pay for Atlantic Beach Police Officers. Several years ago when the
Palmer and Cay pay plan was implemented, the officers who received the highest pay
increases were also the officers who accepted positions with the Jacksonville Sheriff s
Office. The increases in pay did not appeaz to have any significant effect on the loss of
officers.
The issue of retention is complicated, and there aze a variety of factors that have an impact on
the loss of personnel Some of factors can be addressed and altered, and some of those factors
aze simply realities that are not subject to change. The purpose of this report is to discuss
some of the factors that impact officer retention, and to provide some realistic solutions for the
consideration of the City Commission. In the discussion below, the recommendations for
changes are in bold type.
Opportunities
When officers voluntarily leave the Atlantic Beach Police Department, exit interviews are
typically conducted to identify their reasons for leaving. In most cases, the officers have
said that the Jacksonville Sheriff's Office provides more opportunities for their
professional development.
In Jacksonville, there are numerous supervisory positions for which officers can compete.
In Atlantic Beach, supervisory positions are limited in number, and the organizational
structure is small. In Jacksonville, there are specialized units for officers to join.
Jacksonville has a Canine Unit, Air Unit, Mazine Unit, Equestrian Unit, Traffic Unit, and
many additional areas in which officers can specialize. Jacksonville also has specialized
AGENDA ITEM #8C
JANUARY 12, 2004
investigative units including Homicide, Narcotics, Robbery, Burglary, and Sex Crimes.
In Atlantic Beach, there simply is not enough demand to justify the creation of these
specialized types of groups in the organization.
These factors are not likely to change. Jacksonville will continue to expand in
specialization and size, and Atlantic Beach is not likely to make significant changes that
will alter this contrast in the two departments. There are some opportunities for
specialization in Atlantic Beach, and it would be beneficial to recognize these
assignments with additional compensation.
In the Atlantic Beach Police Department, there are a number of officers who have taken on
additional responsibilities beyond their patrol duties. Some of these duties require specialized
training and certifications, and the additional responsibilities often require levels of
commitment and performance that are significantly more challenging than general patrol
functions. Based. on these factors, we believe that these officers should be compensated with
additional pay when they are performing these functions. Currently, the following special
assignmerrts and compensation are addressed:
Detectives: An additional 10% is provided for an individual assigned as a detective.
Additionally, detectives receive a clothing allowance of $650 per year to be paid
quarterly.
Patrolman in Charge (PIC): A Patrolman in Charge (PIC) is an assignment of an
,"" officer to perform sergeant or lieutenant functions for a period of four (4) hours of
more. Such officers are provided an "add pay" of 5% while assigned as PICs.
Field Training Officers: Officers assigned as Field Training Officers (FTOs) must be
recommended by their supervisors, complete an FTO certification course, and
provide daily supervision and instruction for new recruits. Currenly, FTOs receive a
5% "add pay" for these duties while the FTO is actively training a new recruit. We
recommend that this be raised to 10%. This is one of the most important duties in the
department, and it requires a high degree of commitment and professionalism. The
cost of this proposal is estimated at approximately $5,184 for 2003-04.
The following additional pay is being recommended:
Crime Suppression Unit (CSU) members: These individuals have been selected to
work on the Crime Suppression Unit with citizen groups, and to target specific
problem areas in the city. Although CSU Officers will be assigned to the patrol
division, they perform a number of functions that require them to dress in "plain
clothes." Their shift schedules will change frequently, and they will be involved in a
variety of investigations that will require additional training and skills beyond
tradition patrol duties. We recommend that we compensate CSU members with an
"add pay" of 5%, and a clothing allowance consistent with detectives ($650 per year,
paid on a quarterly basis). Note: We recommend that the CSU sergeant be paid
consistent with the Palmer and Cay plan, and in addition, receive the clothing
;....
AGENDA ITEM #8C
JANUARY 12, 2004
allowance. The cost of this proposal is estimated at approximately $5,000 for 2003-
Patrol Investigator/Evidence Technician: Last yeaz, when we eliminated a detective
position, we said that we would help to offset the workload by assigning a Patrol
Investigator/Evidence Technician on each squad. These individuals would receive
additional training, and they would follow-up on criminal investigations for each
squad. We recommend that we provide a 5% "add pay" for two (2) officers assigned
to these duties. The cost of this proposal is estimated at approximately $3,700 for
2003-04.
SWAT: The Police Department has had a Special Weapons and Tactics Team for
many yeazs. The members attend specialized training, and they participate in high
risk operations. They train with other agencies, serve seazch warrants, coordinate
major events (Air Show, Super Bowl) and respond to various types of high risk
situations. We recommend that we provide a 5% "add pay" for SWAT members for
all SWAT operations, not including training. The cost ofthis proposal is estimated at
approximately $1,000 for 2003-04.
Clarification: There aze a number of officers who aze simultaneously assigned to
more than one of these duties. It is our recommendation that the "add pays" be added
to the compensation when an officer is engaged in more than one of these duties at a
time.
Pay
The role of pay, relative to job satisfaction, has been discussed in a number of books and
articles, and although there is no universal agreement, there are some points of consensus
among researchers in this field.
Pay is not a "cure all" for employee retention. Simply raising the pay will not keep
employees from leaving an organization.
However, if pay is not sufficient, and people believe that they are not being compensated
commensurate with others who perform similar duties, then pay may become a
significant "dissatisfer." This means that if people believe that they are being
compensated too little, then they will certainly become dissatisfied with their
employment. It is apparent that the "perception" of pay is a significant factor in job
dissatisfaction and the loss of personnel in the Atlantic Beach Police Department.
Relative to Atlantic Beach, exit interviews have consistently demonstrated that the
reasons for leaving have typically included some consideration of the lack of a
competitive pay plan for Atlantic Beach Police Officers. The pay plan is consistently
identified as a significant factor in the loss of personnel.
AGENDA ITEM #SC
JANUARY 12, 2004
The best way to understand the disparities and deficiencies in the Atlantic Beach pay plan
"' is to view current Atlantic Beach salaries as compazed to other agencies' pay plans in the
azea. The numbers below were effective October 1, 2003:
Years of Service Atlantic Beach Neptune Beach Jacksonville Beach JSO Annual
0-12 Months
31720 2981 31928 33840
33176 3100 328 3576
33820 335 34507 37
36296 3482 35568 3932
37315 3611 36608 4122
38355 37 37731 4122
NIA 386 38833 485
NIA 399 39998 48
NIA 4127 41308 4926
NIA 425 42432 49260
N/A 43853 43742 5001
NIA 451 45032 5080
42889 46433 45947 5157
42889 4772 46862 5233
NIA 47798 5313
41246 48755 5388
NIA 49753 54648
44595 5
NIA
NIA
NIA
43555
10
11
12
13
14
15
16
17
18
19
20
21
At a glance, it is apparent that Atlantic Beach officers are competitive with azea agencies
at the beginning levels of the pay system. However, the most experienced Atlantic
Beach officers' pay rates are not competitive with the higher pay rates in the area
agencies. At the higher experience levels, the Atlantic Beach officers are making
significantly less money than their counterparts in other agencies.
The Atlantic Beach pay plan does not include any "expectation" of movement up a pay
scale. Officers can see what more experienced officers are making, but there is no
expectation of advancement to higher pay levels. The top of the pay range for a patrol
officer in Atlantic Beach is approximately $48,000. However, the chart above shows that
the highest paid patrol officer is making $44,595. This reveals a problem with pay
compression that has resulted from Cost of Living Adjustments (COLAs), with no
additional differentials for progression in a pay range. This deficiency is often mentioned
when officers leave for employment with other law enforcement agencies.
An additional concern is the absence of police officers with six (6) to eleven (11) yeazs of
experience. Clearly, officers are leaving for other departments after Atlantic Beach has
AGENDA ITEM #8C
JANUARY 12, 2004
helped to train and educate them. When officers are reaching their highest potential for
"'*' productivity and expertise, they leave for other job opportunities.
The other agencies have a pay plan that allows officers to visualize and anticipate pay
increases in the future. This allows officers to look at a pay plan and identify the pay rate
that they may expect at vazious points in their careers. When officers are planning for
their futures, it is beneficial for them to identify what they can expect to be paid in the
future. This has been a significant factor in the loss of personnel to other agencies.
The problem with these factors is primazily one of perception. The Palmer and Cay study
that was adopted by the City of Atlantic Beach, recommended annual increases above the
cost of living. The purpose of the increases is to avoid pay compression at the bottom
end of the pay scale, and to recognize experience and longevity. Although it is apparent
that the City of Atlantic Beach intends to advance police officers through the pay plan,
this is not readily visible or understood by the officers. As a result, officers leave for
other agencies that have cleazly established expectations for advancement and pay
increases.
If a pay plan was constructed that showed the intent to elevate pay beyond a cost of living
adjustment, then it would allow officers to make informed compazisons with the pay in
other departments. This would probably help the Atlantic Beach Police Department
retain some of the personnel that they have been losing.
BUDGET: The total budgetary impact of the Add Pays for specialized assignments is
estimated at slightly less than $15,000 for the yeaz. It is anticipated that this can be
absorbed into the existing 2003-04 budget.
The adoption of the recommendation to identify pay increases of 3% per yeaz, in addition
to any cost of living adjustments, will not have an immediate impact on the 2003-04
budget. However, it will result in the expectation of future pay increases for police
officer pay rates. It should also be anticipated that such a commitment will probably be
requested next yeaz for all city employees, not just the police department.
SUMMARY OF RECOMMENDATIONS:
To approve the Add-Pays for Field Training Officers, two (2) Crime Suppression
Officers, a Crime Suppression Sergeant, two (2) Patrol Investigator/Evidence
Technicians, and SWAT team members as discussed in the report above.
To approve clothing allowances for Crime Suppression Unit members including one
sergeant and two (2) crime suppression officers.
To articulate the expected or anticipated salary increases by adopting language
establishing the "intent to provide annual pay increases in the range of 3% per year, in
addition to a cost of living adjustment." This will allow officers to "visualize" a pay plan
.,., that will be competitive with other agencies. The Commission may also want to include
AGENDA ITEM #8C
JANUARY 12, 2004
language to the effect that such increases could be deferred, postponed, or altered by the
City Commission based on future funding budgeting considerations.
ATTACHMENTS: Pay Comparison with 3% Differential Proposal
REVIEWED BY CITY MANAGER:
ITEM NUMBER:
~~"'.
AGENDA ITEM #8C
JANUARY 12, 2004
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