02-09-04 vMINUTES
REGULAR CITY COMMISSION MEETING
FEBRUARY 9, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
was given by Mayor Meserve and was followed by the Pledge of Allegiance
to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
January 26, 2004
Commissioner Simmons requested that the minutes be amended to reflect
the following: On Page 10 of the minutes, change the third item under her
comments, to read as follows: "Stated that she was aware of some
problems with rental properties in her area, but is not sure inspection is the
solution, and requested further discussion on this issue by the City
Commission."
Motion: Approve Minutes of the Regular Meeting of
January 26, 2004 as amended.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
2. Courtesy of the Floor to Visitors
Donna Bagby of 1817 Selva Grande Drive spoke in favor of allowing
dogs to run free on the beach in a designated area, during designated hours.
It was suggested that the area abutting Hanna Park be considered. (Item
8B).
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February 9, 2004 REGULAR COMMISSION MEETING Paee 2
~ Wayne Jones, President of the Northeast Florida Residential Property
Managers Association, spoke in opposition to inspection of rental
properties (Item 8A). Mr. Jones stated that the members of his organization
were licensed, professional managers. He felt inspections would be
duplications of current statutes that protect tenants and rental properties.
Mr. Jones further stated that property managers account for all maintenance
and termite inspection for their properties and city inspections were not
required.
Peter Sapia of 1655 Selva Marina Drive, who owns a property
management business, echoed the sentiments of Mr. Jones. He disagreed
with many of the comments made in the report presented by Code
Enforcement Board Chair at the previous meeting. He noted that the Code
Enforcement Board was created to enforce, not write ordinances. He felt
tenant education, so they know their rights, and enforcement of existing
codes, would resolve any apparent problems.
Deane Brown of 349 3rd Street spoke in opposition to allowing dogs to run
free dogs on the beach. Mrs. Brown recounted an incident where an
unleased dog bit her grandson while he was playing on the beach.
Clifford Dunlop of 338 Plaza requested that the speed bumps be
reinstalled on Plaza and that on-street parking be retained.
Lynn Raiser of 359 Plaza also requested that the speed bumps be put back
on her street.
Stephen Kuti of 1132 Linkside Drive spoke in favor of raising Police
salaries to the level of the Jacksonville Sheriff's Office. He also spoke in
opposition to allowing dogs to run loose on the beach.
Betty Eilers of 369 3rd Street expressed concern that the city's new
drainage system was not being properly maintained. She stated that she had
taken it upon herself to sweep leaves from the street by her house, which is
located in a low spot, to keep them from accumulating in the drains.
Ms. Eilers stated she was opposed to changing the animal control ordinance
and reported that she was attacked on the beach by an unleased pit bull last
week. She also opposed construction of a skate park in Russell Park.
Hazel Brown of 1753 Seminole Road stated there were already unleased
dogs running on the beach and stated she was afraid of what they might do.
Ms. Brown favored enforcement of the current ordinance.
J. P. Marchioli of 414 Sherry Drive reminded the Commissioners of a
petition with seventy-eight signatures requesting speed control on Sherry
February 9, 2004 REGULAR COMMISSION MEETING Page 3
Drive. Mr. Marchioli also expressed opposition to allowing dogs to run free
on the beach, opposition to inspection of rental properties and requested that
a sidewalk be installed on the west side of Sherry Drive.
Richard DeVane of 386 4th Street recounted two unpleasant experiences
involving unleashed dogs on the beach and suggested that the
Commissioners consider limiting the time that dogs would be allowed on
the beach during June, July and August to before 8:00 a.m. and after 5:00
p.m.
Gary Evans, the local Fraternal Order of Police (FOP) Representative,
stated he did not understand the recommendation of the Public Safety
Director for one-time pay adjustment for Police Officers and the pay
proposal, which included items that were rejected at the impasse hearing.
He suggested reopening negotiations. It was also confirmed that the "status
quo" would be continued on impasse items until a new contract was
negotiated.
Bill Love of 265 3rd Street opposed allowing dogs on the beach and stated
that the current laws were difficult to enforce.
Jeanell Wilson, owner of a rental property management company in
Jacksonville Beach, felt the proposed inspection of rental properties
discriminated against landlords and added another layer of bureaucracy.
She felt existing laws should be enforced and pointed out that rental
properties paid higher taxes because there were ineligible for the homestead
exemption.
Janet Lambert of 314 Plaza was upset by the delay in reinstalling the
speed bumps on the 300 block of Plaza and requested that they be
reinstalled immediately. She indicated that the residents living at the
following addresses on Plaza supported reinstalling the speed bumps: 306,
310, 314, 338, 348, 350, 358, 336, 370, 374, 390, 309, 323, 327, 343, 383,
355, 359, 363, 369, and 371.
Joan McLoud of 176 Magnolia Street supported allowing dogs to run free
on the beach in a designated area or during designated times. She agreed
that pet owners should be responsible for cleaning up after their pets and
inquired if the city provided bags for that purpose. Ms. McLoud indicated
that she would like to hear the Commissioners' thoughts on a dog park, and
stated that she was speaking on behalf of Susie Sneed.
Mayor Meserve stated that he would like to discuss Item 8B at this time.
February 9, 2004 REGi1LAR COMMISSION MEETING Pace 4
B. Discussion and related action regarding possible amendment to
the regulations pertaining to animals on the beach
Animals on the Beach (Commissioner Beaver)
Commissioner Beaver explained that he had requested that this item be
placed on the agenda in response to numerous written requests from citizens
requesting an amendment to the dog leash law to allow their pets to run free
on the beach in designated areas and/or during designated hours.
Commissioner Beaver assured those present that it was not the intention of
the Commission to do away with the dog leash law, but to try to possibly
redefine the law to allow for more effective enforcement.
Commissioner Simmons believed it was the intent of Susan Sneed, the
resident who initiated the letter campaign, to have a specific time for when
dogs could run free on the entire beach, not just to play fetch in the water.
Commissioner Simmons expressed her thoughts on the request, and
indicated that in 1997 she served on the Committee formed to revise the
Animal Ordinance, and the same issue and found no support from ocean
front property owners. Commissioner Simmons stated that it was suggested
that the less populated beach adjacent to Hanna Park be designated as an
area where dogs could run free, but she questioned how the owners would
get their to the beach, with limited parking at the Oceanwalk access. She
felt the Oceanwalk residents would not support this suggestion, and the
other alternative would be for the dog owners to walk their animals up the
beach to the designated area. Commissioner Simmons believed that if dogs
were allowed to run free over the two mile stretch of beach during
designated hours, when it was time to leave the beach, the dogs would also
be allowed to run off leash through neighborhoods to their cars or homes
and cause public safety concerns.
Commissioner Parsons stated that he had received requests for approval and
denial of the request and he was still undecided about this issue.
Mayor Meserve felt the existing law was very liberal and did not need to be
amended. He stated that he did not favor banning dogs from the beach, but
acknowledged dogs could be unpredictable and should be kept on their
leashes. The Mayor supported better enforcement of the current animal
control laws, but noted that Animal Control Officers could not be on the
beach eight hours a day, since there were problems with dogs running at
large in other areas of the city.
NO ACTION WAS TAKEN
February 9, 2004 REGULAR COMMISSION MEETING Paee 5
Mayor Meserve requested that Item SA be taken out of sequence and acted
on at this time.
Inspection of Rental
Properties A. Discussion and related action regarding inspection of rental
properties (Commissioners Simmons and Waters)
Commissioner Waters thanked Curt Sanders, Chair of the Code
Enforcement Board, for his presentation concerning inspection of rental
properties and then read a prepared statement supporting licensing of
landlords. The statement is attached and made part of this official record as
Attachment A. After reading the statement, Commissioner Waters made
the following motion:
Motion: With the full knowledge and confidence in the City Manager
and his staff, that we have sufficient tools in the code and re ulations of
the code of Atlantic Beach, as well as the knowled eable staff to enforce
compliance of those regulations against landlords upon complaint, we
charge the City Manager and Citv Clerk and pertinent staff to create
an ordinance which provides for the licensing of all landlords doing
business within the City of Atlantic Beach for the purpose of informing
them about the current and future regulations of the city regarding
renting, along with an appropriate fee schedule to cover increased costs
in the Clerk's office and a fine schedule which will ensure compliance,
and a landlords pamphlet which outlines his responsibilities and
obligations, and return these to the Commission at the Apri18, 2004
meeting.
Moved by Waters, Second
Votes:
Aye:
Nay
MOTION WAS LOST FOR LACK OF A SECOND
Commissioner Parsons believed there was not a sufficient problem for the
city to enact the recommendations set forth by Commissioner Waters. He
indicated that there were state laws in place to protect the rights of tenants.
Commissioner Beaver also thanked Curt Sanders for his input.
Commissioner Beaver believed there was no need to license landlords. He
felt there might be a few landlords who abused tenants' rights, but they
could be regulated by enforcement of current laws. He believed additional
regulations would not prevent the unscrupulous landlords from conducting
business.
February 9, 2004 REGULAR COMMISSION MEETING Page 6
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3. Unfinished Business from Previous Meeting
City Manager's A. City Manager's Follow-Up Report
Follow-Up Report
City Manager Hanson commented on each item of his written report, which
is attached and made part of this official record as Attachment B.
Extension of the Town Center Streetscape on Ocean Avenue
City Manager Hanson reported that since his report was written, the city had
successfully hand dug and relocated the palm trees causing no delays for the
project.
B. Discussion and related action regarding sidewalk on 5th Street
and Sherry Drive (Commissioner Parsons)
Donna Kaluzniak displayed photographs of the property illustrating how the
area would look if the city acquired the small piece of property and built the
sidewalk and how it would look if designed without the property.
Commissioner Parsons favored the original design and stated that the
Mayor had met with the property owner several times to discuss purchase of
the small piece of property, but could not come to any conclusion
concerning the transaction. He pointed out that the city needed only about
one foot of property, which would not require the property owner to move
the fence, and had offered to help with drainage problems on the property.
He felt the original design looked better and if required, the city should
move ahead with condemnation proceedings to acquire the property.
City Manager Hanson explained that it was staff's original position to
condemn the property if no agreement could be reached with the property
owner. He expressed doubt that an agreement could be reached and the city
should move forward as originally proposed and reconnect the sidewalk.
Commissioner Waters agreed with Commissioner Parsons. Mayor Meserve
stated it would be expensive to condemn the property, and if it went to
court, the city would have to establish that the property was being taken for
the public good. He then inquired of the City Attorney if it was possible to
condemn private property when the corner would be safe with either design,
and the drainage could be improved.
City Attorney Jensen expressed concern about the size of the right-of--way,
and stated that the problem was caused by the city placing the new road too
close to the edge of the right-of--way on the south side. He indicated that the
city would have to have a written appraisal and prove a valid public purpose
for the taking. City Attorney Jensen thought the court would look at
alternatives to the city taking the property. He pointed out that if the city
February 9, 2004 REGULAR COMMISSION MEETING Paee 7
was defeated in the taking, the city would have to pay the opponent's
attorney fees. He felt the case would be difficult and expensive to prove.
Discussion of the placement and design of the road ensued. Commissioner
Parsons volunteered to talk to the property owner one more time to see if
the issue could be resolved without going to court. No one objected to his
suggestion.
C. Extend annual contract with Tom's Asphalt Repairs, Inc. for
asphalt repairs at the current contract prices (Bid No. 0102-9)
Motion: Extend annual contract with Tom's Asphalt Repairs, Inc for
asphalt repairs at the current contract prices.
Commissioner Parsons stated that he had spoken with the City Manager
regarding this contract and the company's work seemed to be satisfactory.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Discussion and related action regarding establishing guidelines
for contractors to follow in managing construction sites
(Commissioner Simmons)
Commissioner Simmons distributed photographs illustrating problems at
various construction sites in her area. She requested that the Commission
move forward with an ordinance managing construction sites, but noted that
there were some elements of the proposed guidelines that might be
problematic, such as the requirement to fence the construction site if the lot
is small and obstructs parking.
Discussion ensued and Commissioner Waters inquired concerning a fence
height of 3' on construction sites abutting the water. Building Official Ford
responded that the height of 3' did not obstruct people's view of the water.
Commissioner Waters also commented that 7:00 a.m. was too early for
construction to begin.
City Manager Hanson explained that the guidelines would not solve all of
the problems, but it would require contractors to submit site management
plans for review by staff.
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Februarv 9, 2004 REGULAR COMMISSION MEETING Page S
.., Commissioner Beaver felt mowing of grass and the delivery of roll-off
dumpsters should also be addressed. He noted that in the past, dumpsters
have damaged city streets and contractors should be responsible for repairs.
Staff was directed to draft an ordinance to establish guidelines for
contractors to follow for management of construction sites.
Consent Agenda 4. Consent Agenda
Commissioner Waters requested that Items B, C and D be removed from the
Consent Agenda for discussion.
Monthly Reports A. Acknowledge receipt of monthly reports: Building Department
Activity Report, New Occupational Licenses Report, and Public
Works and Utility Departments Project Status Report (City
Manager)
Extend Contract with E. Extend the contract with L. D. Bradley Land Surveyors for
L.D. Bradley Land professional land surveying at the current contract prices (RFP
Surveyors No. 0102-11 (City Manager)
Motion: Approve Consent Agenda Items A and E as presented.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Police Union Contract B. Report regarding the status of the Police Union Contract (City
Status Report Manager)
City Manager Hanson reported that the Police Union voted against ratifying
the contract items approved by the Commission during the impasse hearing.
He further stated that this matter would have no impact on the current fiscal
year. However, it was pointed out that the same issues would be brought up
during current contract negotiations.
Commissioner Waters confirmed that the impasse items would be continued
past the fiscal year, if a new contract was not negotiated by October 1,
2004.
THE REPORT WAS RECEIVED AND ACKNOWLEDGED. NO
ACTION WAS TAKEN.
February 9, 2004 REGULAR COMMISSION MEETING Page 9
.., One-time Pay C. Report and recommendations regarding one-time pay adjust-
. Adjustment for Police meat for Police Officers (City Manager)
Officers
Commissioner Waters stated that he was surprised to read in the report it
would take $232,524 to bring the Police Officers' salaries up to the level of
the Jacksonville Sheriff's Office. Commissioner Waters suggested that the
$41,370 "new money" be given to employees as a one-time Christmas
bonus.
Motion: Divide the "new money", resulting from an increased tax base
of $28M from new construction, for a one time Christmas Bonus for all
city employees.
Moved by Waters
THE MOTION WAS LOST FOR LACK OF A SECOND.
Commissioner Beaver believed it would be better to discuss pay
adjustments for police officers during strategic planning and upcoming
budget workshops.
THE REPORT WAS RECEIVED AND ACKNOWLEDGED. NO
ACTION WAS TAKEN.
Reject All Bids D. Reject all bids received under Bid No. 0304-08 for Country Club
Received Under Bid Lane stormwater replacement and authorize staff to rebid the
No. 0304-08 project (City Manager)
Commissioner Waters inquired concerning the need to rebid the project
since there was only a $9,000 difference between what was budgeted and
the low bid. He believed that frequently time and money was wasted when
projects were rebid. Utility Director Kaluzniak explained that the bids were
over budget. Five firms had pre-qualified and she hoped other bidders
would qualify and, hopefully, bid the project within the budget.
Motion: Reiect all bids received under Bid No. 0304-08 for Country
Club Lane stormwater replacement and authorize staff to rebid the
rp oject.
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
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February 9, 2004 REGULAR COMMISSION MEETING Paee 10
,,, Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions:
A. Resolution No. 04-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE CITY COMMISSION
INTENT TO PROVIDE FUTURE EMPLOYEE PAY
ADJUSTMENTS
Motion: Adopt Resolution 04-02.
Mayor Meserve indicated that passage of the resolution committed the
Commission to meet standards and remain competitive for recruitment and
retention of qualified employees.
The Mayor reported that he attended two Police Department training
sessions to express, on behalf of the Commission, that their service to the
community was valued, as well as the service of all employees.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Ordinances 7. Action on Ordinances
A. Ordinance No. 05-04-43 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC Beach,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 1,
GENERALLY, TO DELETE SECTION 2-226, HOLIDAY
SCHEDULE, PROVIDING CODIFICATION, AND
PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. OS-04-43 on first reading.
Commissioner Waters inquired as to why that particular section was being
deleted from the Code of Ordinances. It was explained that Section 2-226
duplicated information found in the Union Contracts and Personnel Manual
and was not required in the code.
February 9, 2004 REGULAR COMMISSION MEETING Page 11
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 58-04-29 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT
SYSTEM AND DIVISION 4, POLICE OFFICER RETIREMENT
SYSTEM, TO PROVIDE A DEFERRED RETIREMENT OPTION
PROGRAM FOR PARTICIPANTS; CHANGE PAYMENT OF
PENSION BOARD EXPENSES; AND AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM, TO PROVIDE ADJUSTMENTS FOR
NORMAL RETIREMENT BENEFITS; PROVIDING
ADJUSTMENTS TO OPTIONAL FORMS OF PENSION PAYMENT;
PROVIDING FOR EARLY RETIREMENT BENEFITS;
PROVIDING ADJUSTMENTS FOR DEFERRED RETIREMENT
BENEFITS; PROVIDING FOR DEATH BENEFITS; PROVIDING
CHANGE TO PAYMENT OF PENSION BOARD EXPENSES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE
Motion: Approve Ordinance No. 58-04-29 on first reading.
City Manager Hanson briefly explained how the Deferred Retirement
Option Program (DROP) worked.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8.
Inspection of Rental
Properties
Animals on the Beach
A.
Miscellaneous Business
Discussion and related action regarding inspection of rental
properties (Commissioners Simmons and Waters)
This item was taken out of sequence and discussed earlier in the meeting.
B. Discussion and related action regarding possible amendment to
the regulations pertaining to animals on the beach
(Commissioner Beaver)
February 9, 2004 REGULAR COMMISSION MEETING Page 12
This item was taken out of sequence and discussed earlier in the meeting.
Local Law C. Authorize the Mayor to sign the Local Law Enforcement Block
Enforcement Block Grant Agreement with the City of Jacksonville to receive
Grant $17,600 for the Crime Suppression Unit (City Manager)
Motion: Authorize the Mayor to sign the Local Law Enforcement
Block Grant Agreement with the City of Jacksonville to receive $17,600
for the Crime Suppression Unit.
There was no discussion.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
PetSmart Corp. Grant D. Authorize staff to apply for a PetSmart Corporation grant to
Authorization assist with the animal adoption program, and authorize the
Mayor to sign the grant application and related documents
(City Manager)
Motion: Authorize staff to apply for a PetSmart Corporation grant to
assist with the animal adoption program, and authorize the Mayor to
sign the grant application and related documents.
City Manager Hanson briefly explained the city's animal adoption program
and indicated that an ordinance would be brought back to the Commission
to set an adoption fee of $75.00.
There was no discussion.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
City Manager's Report A. City Manager's Report
City Manager Hanson commented on the following items from his written
report:
Februarv 9, 2004 REGULAR COMMISSION MEETING Paee 13
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• Reported the city had a new web site address of coab.us, which should
make e-mailing easier.
• Reported the city had received the $50,000 check from the City of
Jacksonville committed by Council Member Jerry Holland for
renovations to the Adele Grage Cultural Center. He thanked Council
Member Art Graham for his efforts to make sure the City received this
check.
• Reported that "Dancing in the Streets", a yearly Town Center event,
would be held Saturday, May 15t"
• Reported that the city's proposal for privatization of the water and sewer
services at the Navy base was unsuccessful.
• Announced that the following events would take place at the Adele
Grage Cultural Center: Laughter Workshop -February 12t" at 7:00
p.m., Songwriter's Night in the Theater -February 17t" at 7:00 p.m.,
and Acoustic Night -March 21St
• Reported that a meeting was held on January 29t" with representatives
from the Florida Department of Transportation (FDOT), the
Metropolitan Planning Organization (MPO), the cities of Atlantic Beach
and Jacksonville, and GAI Consultants to discuss coordination and
timing between the g roups to permit and construct the Mayport Road
medians. He further reported that the FDOT wanted an additional
traffic study of the possibility of reducing the number of lanes from six
to four at the south end of Mayport Road, and an individual traffic
analysis of each intersection before issuance of permits for the project.
He also reported that in order to conform to the FDOT's resurfacing
schedule, the project may not begin until 2007. It is hoped that the
city's consultant for the project, GAI Consultants, will be chosen to do
the design work for all of the governmental agencies involved.
Strategic Planning Sessions
In addition to the written report, City Manager Hanson announced that
two Strategic Planning Sessions had been scheduled for Wednesday
April 7t" and Thursday April 8t" from 5:00-9:00 p.m. at the Sea Turtle
Inn.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
February 9, 2004 REGULAR COMMISSION MEETING Page 14
Commissioner Beaver
• Stated he would send a letter Council Member Art Graham
thanking him for his assistance in obtaining the $50,000 check for
renovations to the Adele Grage Cultural Center.
• Felt t he d ogs r unning free o n t he b each i ssue h ad n of e nded a nd
would be back on some future agenda.
• Requested that the Plaza speed bumps be placed on the next agenda
for Commission discussion and action.
Commissioner Simmons
• Stated the outfall drains at 7th and 10th Streets had become targets for
graffiti and inquired if they could be removed.
• Commented on problems she had encountered at construction sites and
stated that 7:00 a.m. was too early for work to begin in established
neighborhoods.
Commissioner Waters
• Reported he attended the Skate into the Future event held Saturday
and complimented staff on the clean restroom in Jack Russell Park.
• Stated that local radio was talking about the beach cities as the
place to be during next year's Superbowl and inquired if any events
were being planned for the beach.
• Reminded the Commissioners that Atlantic Beach would be hosting
the N ortheast Florida League o f C ities m eeting o n M arch 18th a t
6:00 p.m. at the Sea Turtle Inn.
Mayor Meserve
• As the beaches representative to the Superbowl Committee, the
Mayor reported there might be a modified one-day air show on
Saturday during the Superbowl, but at this point no other events
were planned. The Mayor stated more information was needed
from the City of Jacksonville's Special Events Department.
February 9.2004 REGULAR COMMISSION MEETING Pate 15
,,, Adjournment There being no further discussion, thea~or declared the meeting
adjourned at 9:45 p.m.
ATTEST:
Maureen King
Certified Municipal Cler
John M~~rve,~Mayor/Presiding Officer
ATTACHMENT A
FEBRUARY 9, 2004
RENTING IS /AS A BUSINESS
Following up on Curt Sanders' report for the Code Enforcement Board about abuses in
rental housing in Atlantic Beach, I met with the City Manager Jim Hanson; Code Enforcement
Inspector Alex Sherrer; and Director of Public Safety David Thompson. No one disputed the census
fact that 32 % of our housing is rental; nor with the fact that it is the biggest unlicensed and
unregulated business in Atlantic Beach.
But Chief Thompson made it clear that between fire codes, our own Code o
Ordinances and the Florida Building Code, which we have adopted as part of our own
Code, the City has the legal tools to deal with substandard housing and abusive
landlords. We also have knowledgeable employees Don Ford, Alex Sherrer, police and fire along
with their staffs to deal with abuses when identified.
Where's the problem then? Partially it's ignorance on the part of landlords and renters alike
and partially it's the lack of a centralized rental information center. First landlords and renters
alike can claim ignorance of the ordinances simply because they are accustomed to more lenient
codes found elsewhere or they just presume that all beach communities are going to be similar in
their requirements.
While other cities have addressed the renting issue very successfully, but expensively, with
extensive, detailed requirements and the staff to enforce it, we feel that our small size and limited
budget force us to be minimalists in pursuit of a solution to this problem. Almost everyone is in
agreement with the Mayor's analysis that we cannot afford to create another bureaucracy and it's
apparent that we can't because we can't pay our current employees all that competitively at the
present time.
So what's the simplest and least expensive solution? Quite simply, it's licensing!!
And it's only fair!! Everyone else who does business in Atlantic Beach must be licensed. The
Clerk's Office is already set up to do licensing so there's no new bureaucracy, and it may not even
^- require new employees. With landlords licensed and registered, the City can now hand them a list of
their responsibilities and obligations. They won't have to fnd out after the fact that more than two
persons unrelated by blood or marriage can't rent together in Atlantic Beach. They will know in
advance that they are violating the law in A.B. if they are renting weekly, biweekly or monthly.
You may ask: "Where does the enforcement come in?" After a complaint comes in
about a landlord and his property, it will invite staff to not only seek to correct the immediately
reported problem but they can then review the Clerk's files and check to see if he has other
properties in Atlantic Beach which they will then inspect. You may argue that this will be no more
effective than a lottery or random system, BUT staff assures me that almost all rental abuse can be
traced back to a very few landlords.
I remind you that this clearly a fairness issue, every other business must be licensed to
operate in Atlantic Beach. This allows staff to identify illegal rentals by simply checking the "FOR
RENT' ads and checking them against the Clerk's lists. Ignorance of the laws contolling renting
will cease and VOILA, UTOPIA! It's all so very simple.
What should the commission do? It should charge staff to draw up the appropriate
legislation; cull the codes for existing landlord obligations and responsibilities and digest these
into as concise a pamphlet as possible for distribution; suggest the fees and fee structures so that
this license, like all other licenses, pays for itself,• and finally, Staff should return the potential
legislation for our approval; and if approved, the Mayor should set the public hearings.
In summation:
1. This is a fair treatment for this business. Every other business must be license and
responsible for the safety and welfare of its clients.
2. It notifies landlords immediately of their responsibilities and when renewing, reminds
them.
3. It creates a list of all landlords for immediate notifications of changes in our ordinances
or regulations which affect their business.
4. It alerts and directs staff to those landlords who blatantly and illegally, but profitably,
violate the regulations of Atlantic Beach and put their renters at risk.
S. It does NOT create a new bureaucracy because the Clerk and her staff are already in
place and in the business of licensing the City's businesses.
6. Staff will have to advise the Commission on whether additional or increased fines will be
necessary and certainly the fine for NOT registering must be sufficient to induce
compliance.
i
ATTACHMENT B
FEBRUARY 9, 2004
February 2, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
~'C4ty~fa`n
SUBJECT: Follow- Report
Extension of Town Center Streetscaae on Ocean Avenue; When this was last reported to the
City Commission in January, the City's contractor on the Town Center Extension Project had
recommended that some of the old palms trees along Ocean Avenue be cut down and the stumps
ground out rather than having them replanted to avoid breaking a major Bellsouth cable that was
located very close to the base of the trees. The Commission asked that the agenda for the next
Tree Board meeting be amended so that this item could be reconsidered on an emergency basis
so that it would not delay the construction project.
,,, The Tree Board agenda was amended, but the subject was pulled from the agenda before the
meeting. City staff and the contractor concluded that the proposed grinding of the palm stumps
would not be practical in the long run because some of the roadway would extend over the area
where the stumps would be removed. Grinding could not be expected to remove all of the stump
material and the base under the roadway would probably cause for low spots in the roadway
surface in several years.
Two remaining options are being considered at this time. The first and most preferable would be
to dig the trees out by hand with a Bellsouth representative present so that they could be totally
removed (and relocated) by the contractor. The other alternative would be to require Bellsouth
to move their line prior to removing the trees. Given Bellsouth's track record on relocation of
lines, this would probably mean that the project would be delayed for many months, possibly
even years. In that case, the City's contract with the current company would probably be ended
and the job rebid at a later date when it is ready to move forward. The City Commission will be
advised as to future development in this project.
Adopt A Tree Program; A question was raised as to whether or not the city provides watering
and other care instructions to residents who request trees under the city's "Adopt A Tree"
Program. The instructions are included in the application form, a copy of which is attached.
Relacement of Commercial Sins; A question was raised at the last commission meeting
about the replacement of sign faces at the "Save-A-Ton" sign on Mayport Road and for the
Advance Auto Parts Store on Atlantic Boulevard. The specific question was rather or not the
"" signs should have been replaced with newer ones that met current city sign guidelines. The
AGENDA ITEM #3A
FEBRUARY 9, 2004
Advance Auto Parts sign compiles with the city's rules that were in effect at the time. A permit
!~ for the replacement sign face insert was approved on 11/25/02. The current sign regulations
requiring the 25% replacement provision was adopted in July 2003. The second sign
replacement for Advance Auto Parts was not permitted by Atlantic Beach. Staff is contacting the
owner about the requirement to replace the sign.
Proposed Sidewalk Alone Medians in Selva Marina Drive; A question was asked about the
cost to install a sidewalk or Pedpath through the medians along Selva Marina Drive. City staff
has prepared a ruff estimate for both 5' and 6' paths through the 1 S medians that extend from
20`" St. south to Seminole Rd. Because there are numerous trees in many of these, the final cost
may be increased. The estimated cost fora 5' path is $75,570 and $90,684 fora 6' path.
Normally a pedestrian path would be wider than 6' but the volume of users is expected to be low
and the obstacles to a wider path many.
~~.""
Y
Dear Atlantic Beach Resident:
Feb 02 04 04:09p Parks and Recreation [9041 247-5849 AGENDA ITEM #3A
FEBRUARY 9, 2004
DEPARTMENT OF PARKS AND RECREATION
716 OCEAN BOULEVARD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904) 247-5828
FAX: (904) 247-5849
SUNCOM: 852-5828
http:!/ci.atlantic-bcach.fl.us
'fci increase the beauty and trce canopy in Atlantic Beach, the City has designated several .
zreas in which to plant trees. The __ __ trc~(s).will be plantt:d on the .
right of way and we are asking the homeowners and renters to assist with maintaining tht:
tree(s). If youu would like to assist the City in this effort, please complete the form below
.:and- return iti no later than ~. For additional information, please call
(904)247-5828. -
•' ~ City of Atlantic Beach Tree Maintenance
~: ;: '. Agreement
~`.
`~. Date: -
-,:..,:~......;..... l~ _ _ __ agree to
• Name of Citir-ell 1
- take responsibility of the newly planted tree at
Address Telephone :Number
onthe public right of:way adjoining my property. I will be ivilling.to maintain -
_. ~ tree(s) hascd on the folto wing list of t~eduiretneslts: -
•n Watering Fill the ring at the base of the tree{s} wmpletely times_~ week: .
^ rix water ring if damaged
° Keep Mulched
^ Keep trimmed ..
• ^' Fertilize once yearly with one eup ofG-•6-G; 8-~8•-8, or 10-10-10 tree fertilizer,
found at your local hardware store
E
signature of Owncr Signature of Renter •
Thank you,
Alex Hawkins -
13eautificationDivision Chief