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CITY OF ATLANTIC BEACH
COMMISSION MEETING JUNE 23, 2003
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of June 9, 2003
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's follow up report on issues from previous meetings
B. Action on Golf Cart Recommendation
4. Consent Agenda
ALL M ATTERS L ISTED U NDER T HE C ONSENT A GENDA A RE C ONSIDERED T O B E
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge monthly reports: Building Department, Public Safety Department,
Code Enforcement, and Utility Sales (City Manager)
B. Award contract for Effluent Copper Mixing Zone Phase I to Camp, Dresser &
McKee in the amount of $32,680.00 (City Manager)
C. Award contract for mosquito control to Nature's Way Natural Pest Control, Inc.
in the amount of $1,150.00 per month on an as needed basis and Bid Item #2,
additional mosquito control, in the amount of $0.003/sq. ft., if requested by the
city, (Bid No.0203-19) (City Manager)
D. Approve cone-year extension to the contract with All Seasons Landscape
Contractors, Inc. for street sweeping at the current contract price estimated at
$18,048.00 (City Manager)
E. Approve aone-year extension to the contract with Cintas Corporation for uniform
rental and cleaning at the current contract price estimated at $9,500.00 (Bid No.
0001-2)(City Manager)
5. Committee Reports
6. Action on Resolutions
A. Resolution No. 03-OS
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE TERMS OF OFFICE FOR MEMBERS OF THE
CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE AND
PROVIDING AN EFFECTIVE DATE.
7. Action on Ordinances
A. Ordinance No. 45-03-17 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION,
AMENDING SECTION 20-59, SCHEDULE OF FEES; PROVIDING AN
EFFECTIVE DATE
B. Ordinance No. 20-03-60 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF A TLANTIC B EACH, F LORIDA, FOR T HE F ISCAL YEAR B EGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003.
C. Ordinance No. 60-03-14 Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING ORDINANCE #60-03-14, AMENDING CHAPTER 17 OF THE
CODE OF ORDINANCES, WHICH REGULATES SIGNS AND
ADVERTISING STRUCTURES WITHIN THE CITY OF ATLANTIC BEACH.
SAID ORDINANCE SHALL AMEND SECTION 17-4. GENERAL
PROVISIONS APPLYING TO ALL PERMITTED SIGNS; SECTION 17-6,
SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL Z ONING
DISTRICTS; AND SECTION 17-34, FEES, AND SHALL DELETE SECTION
17-15, REQUESTS TO WANE CERTAIN TERMS OF THIS CHAPTER.
AMENDMENTS SHALL B E ADOPTED B Y REFERENCE AS CHAPTER 17
OF THE CODE OF ORDINANCES AS PREVIOUSLY ADOPTED THROUGH
• ORDINANCE No. 60-03-13. THIS ORDINANCE ALSO PROVIDES FOR
FINDINGS OF FACT, SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES OR PORTIONS THEREOF, AND PROVIDES FOR AN
EFFECTIVE DATE
D. Ordinance No. 5-03-42 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 2, ADMINISTRATION, AMENDING CHAPTER 14, PLANNING/
ZONING/APPEALS, AND AMENDING CHAPTER 23, VEGETATION;
CREATING UNIFORM TERMS FOR APPOINTED MEMBERS OF THE
CODE E NFORCEMENT B OARD, C OMMUNITY D EVELOPMENT BOARD,
AND TREE CONSERVATION BOARD; PROVIDING A MAXIMUM LIMIT
OF CONSECUTIVE TERMS FOR BOARD MEMBERS; PROVIDING
PROCEDURES FOR REMOVAL; AND PROVIDING AN EFFECTIVE DATE
8. Miscellaneous Business
A. Action on a request by Beaches Habitat to approve a re-plat of a portion of the E.
H. Dormer's subdivision to create seven two-family lots and one single-family lot
on property located on the west side of Francis Avenue, east of Mayport Road and
to be known as the Francis Cove Three subdivision
B. Designate Commissioner Dezmond Waters as the city's voting delegate to the
August 14-16 Florida League of Cities Annual Conference
C. Appointments of two residents of the City of Atlantic Beach to the Police
Employee Pension Board for a period of two years and two residents to the
• ~ General Employee Pension Board for a period of four years
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D. Approve a Leave Sell Back Policy change which would allow employees the
option to change their leave accrual limit in December of each year for the
following calendar year
E. Approve the Combined Voluntary Cooperation and Operational Assistance
Mutual Aid Agreement and authorize the City Manager to sign the agreement on
behalf of the City of Atlantic Beach (City Manager)
9. City Manager
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the
City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter is
stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by
5:00 PM, Friday, June 20, 2003.
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MINUTES OF THE REGULAR MEETING OI' THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON TUESDAY, JUNE 23, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Commissioner Parsons, was followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission meeting
of June 9, 2003
Commissioner Borno requested that the minutes be amended to change
paragraph five on page 9 to include the following: "Commissioner
Borno agreed, and felt that if the city had the right on-site
manager/engineer and the Navy utility system was operated as a separate
unit, with accountability to the city financially with receipts and
disbursements, the city could walk away if it would cost too much."
Motion: Approve the minutes of the Regular Commission
Meeting of June 9, 2003 as amended.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Bob Totter of 275 11`x' Street reiterated his previous request for
information concerning the city's operation of a skateboard park. He felt
the city should conduct demographic research and. leave a plan for its
operation before committing to build the skate park.
Ruth and Kelly Wilson of 615 Atlantic Boulevard stated they were
• requesting a variance to the setback requirement to allow an eight-foot
sign to be installed at Wilson & Wilson Optical on the site of the current
sign. A picture of the proposed sign was displayed.
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June 23, 2003
City Manager Hanson noted that the sign would be located right on the
edge of the sidewalk and expressed concern for the safety of those using
the sidewalk. He felt a one or two-foot setback would be better.
Mrs. Wilson noted that other signs in the area were located as close to
the sidewalk as her proposed sign and felt safety should not be an issue
in her case.
Commissioner Beaver requested that the item be placed on the agenda
for the next meeting with specific information concerning the request,
including a staff report.
Commissioner Waters suggested that the city consider moving the
sidewalk in this area.
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report on issues from previous
meetings
City Manager Hanson reported on each item of his written report. The
City Manager's follow-up report is attached and made part of this
official record as Attachment A.
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Traffic Study on 10 Street
It was reported that the speed and traffic counting equipment had been
vandalized twice, and the city would repair the equipment for a third
time in a final attempt to recheck the findings of the initial survey.
Rezoning/Redevelopment on Mayport Road Resolution to the City of
Jacksonville Council
City Manager Hanson reported that the Commission's request to prepare
a Resolution to the City of Jacksonville Council to express concern with
the proposed land use change and rezoning of property on Mayport Road
had become a moot point since the Jacksonville City Council voted
against supporting the land use amendment to the Comprehensive Plan
requested by Wa1Mart.
He pointed out that other issues raised by the Wa1Mart request would
probably come up again as other large redevelopment projects are
proposed for Mayport Road within Jacksonville's city limits.
Community Development Director Doerr explained that the WalMart
• request was a land use change amendment to the Jacksonville
Comprehensive Plan and not a rezoning issue at this time. She indicated
that Chapter 163 of the Florida Statutes outlined the procedure to be
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June 23, 2003
followed and the City of Jacksonville had provided the City of Atlantic
Beach with proper notice as an adjoining municipality and property
owner.
Commissioner Waters requested that afollow-up letter be sent to the
City of Jacksonville Council thanking them for stopping this issue early
on and request that the City of Jacksonville consider lowering the density
along Mayport Road to medium density residential.
It was the consensus of the Commission to send the letter to the City of
Jacksonville.
Beach Signs
City Manager Hanson reported that the "Keep Off the Dunes" signs had
been removed from the top of the dunes.
Public Works Director Kosoy displayed pictures illustrating what the
city's trash cans located at the end of each beach access would look like
if the street names and the "Keep Off the Dunes" signs were attached to
the trash cans.
It was the consensus of the Commission to place the "Keep Off the
Dunes" on the trash cans, if possible, and also to attach the street names
on all of the cans as illustrated.
B. Action on Golf Cart Recommendation
Chief Thompson explained his findings as listed in his staff report dated
June 4, 2003, which is attached and made part of this official record as
Attachment B. It was pointed out that an Attorney General's Opinion,
indicated that a city could not impose a minimum age requirement of
sixteen for drivers of golf carts. It was pointed out that some vehicles
seen around town that look like golf carts were "street legal" slow
moving vehicles.
Commissioner Waters inquired if seatbelts were required for slow
moving vehicles. Chief Thompson indicated that lle would check to see
if they were required.
4. Consent Agenda
Commissioner Borno requested that Items C, D and E be removed
from the Consent Agenda for further discussion. Commissioner
Waters requested that Item B be removed for further discussion.
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June 23, 2003
A. Acknowledge monthly reports: Building Department,
Public Safety Department, Code Enforcement, and
Utility Sales (City Manager}
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
B. Award contract for Effluent Copper Mixing Zone Phase I to
Camp, Dresser & McKee in the amount of $32,680.00 (City
Manager)
Commissioner Waters inquired concerning the proposed sampling plan
methods and frequency and if the Florida Department of Environmental
Protection (FDEP) would approve the sampling plan and frequency of
collection,
Utility Director Kaluzniak indicated the FDEP had recommended the
approach to be used by Camp, Dresser and McKee.
Motion: Award contract for Effluent Copper Mixing Zone
Phase I to Camp, Dresser & McKee in the amount of
$32,680.00.
There was no more discussion and the motion carried unanimously.
C. Award contract for mosquito control to Nature's Way
Natural Pest Control, Inc. in the amount of $1,150.00 per
month on an as needed basis and Bid Item #2, additional
mosquito control, in the amount of $0.003/sq. ft., if requested
by the city, (Bid No.0203-19) (City Manager)
Commissioner Borno congratulated the city for taking a proactive
approach to aggressively fighting mosquitoes and indicated that the
mosquito population had significantly dropped over the past several
weeks.
Motion: Award contract for mosquito control to Nature's
Way Natural Pest Control, Inc. in the amount of $1,150.00
per month on an as needed basis and Bid Item #2, additional
mosquito control, in the amount of $0.003/sq. ft., if requested
by the city.
There was no more discussion and the motion carried unanimously.
• D. Approve aone-year extension to the contract with All
Seasons Landscape Contractors, Inc. for street sweeping at
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June 23, 2003
the current contract price estimated at $18,048.00 (City
S Manager)
Motion: Approve aone-year extension to the contract with
All Seasons Landscape Contractors, Inc. for street sweeping
at the current contract price estimated at $18,048.00.
Commissioner Borno confirmed that street sweeping was conducted on
an every other month basis and inquired if more frequent sweeping
would be needed when the core city project was completed.
Public Works Director Kosoy indicated that some baffle boxes had been
cleaned once and contained a large amount of sand, and the effectiveness
of the current schedule would be re-evaluated after completion of the
project.
There was no more discussion and the motion carried unanimously.
E. Approve aone-year extension to the contract with Cintas
Corporation for uniform rental and cleaning at the current
contract price estimated at $9,500.00 (Bid No. 0001-2)(City
Manager)
Motion: Approve aone-year extension to the contract with
Cintas Corporation for uniform rental and cleaning at the
current contract price estimated at $9,500.00.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 03-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE TERMS OF OFFICE FOR
MEMBERS OF THE CULTURAL ARTS AND
RECREATION ADVISORY COMMITTEE AND
PROVIDING AN EFFECTIVE DATE.
Motion: Approve Resolution No. 03-05.
Commissioner Borno asked Rusty Pritchett, Chair of the Cultural
• Arts and Recreation Advisory Committee, if they had any problems
with the term limits set forth in the resolution.
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Mr. Pritchett indicated that all of the committee members had
agreed with the term limits.
Commissioner Beaver complimented the group for sponsoring the
Acoustic Event at the Adele Grage Cultural Center on Sunday night,
and stated he was looking forward to the next Acoustic night
scheduled in July.
There was no more discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 20-03-17 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC
BEACH, AMENDING CHAPTER 20, TAXATION,
AMENDING SECTION 20-59, SCHEDULE OF FEES,
PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. 20-03-17 on final
reading.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing.
No one spoke and the Mayor closed the public hearing.
Commissioner Waters inquired concerning calculation of the fees
for gas pumps and stated he felt it would be more beneficial to the
city if a service station was charged a set fee for the first four pumps
and then charged for each individual pump thereafter. He also felt
fees should not be increased for the Teen Club designation.
Discussion ensued and Commissioner Borno recollected that the
fees were set higher for the businesses requiring Commission
approval (Page 11 of the ordinance) to offset the additional city
services these types of business establishments would require.
Amendment to the motion: Keep the current fee of
$5,250 for a Teen Club occupational license.
There was no further discussion and the amendment to the motion
and the main motion carried unanimously.
B. Ordinance No. 20-03-60 Public Hearing & Final Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR THE FISCAL YEAR BEGINNING
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June 23, 2003
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
• 2003
Motion: Approve Ordinance No. 20-03-60 on final
reading as amended.
City Manager Hanson pointed out that the last line on Page 1 of the
ordinance should be deleted since there was no actual increase in the
fund.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing. No on spoke and the Mayor closed the
public hearing.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 60-03-14 Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING ORDINANCE #60-03-14,
AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES, WHICH REGULATES SIGNS AND
ADVERTISING STRUCTURES WITHIN THE CITY OF
ATLANTIC BEACH. SAID ORDINANCE SHALL AMEND
• SECTION 17-4. GENERAL PROVISIONS APPLYING TO
ALL PERMITTED SIGNS; SECTION 17-6, SIGNS
PERMITTED WITHIN COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS; AND SECTION 17-34,
FEES, AND SHALL DELETE SECTION 17-15, REQUESTS
TO WAIVE CERTAIN TERMS OF THIS CHAPTER.
AMENDMENTS SHALL BE ADOPTED BY REFERENCE
AS CHAPTER 17 OF THE CODE OF ORDINANCES AS
PREVIOUSLY ADOPTED THROUGH ORDINANCE No.
60-03-13. THIS ORDINANCE ALSO PROVIDES FOR
FINDINGS OF FACT, SEVERABILITY, REPEAL OF
CONFLICTING ORDINANCES OR PORTIONS
THEREOF, AND PROVIDES FOR AN EFFECTIVE DATE
Motion: Approve Ordinance No. 60-03-14 on first
reading.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing. No one spoke and the Mayor closed the
public hearing.
Community Development Director Doerr reviewed the changes to
• the ordinance and pointed out that Sectio~t 17-5. Requests to waive
certai~t terr~ts of this Chapter had been deleted from the ordinance.
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June 23, 2003
Commissioner Beaver referenced Page 11 of the amended ordinance
and inquired if under Subsection iv. Number of Freestanding Signs
Permitted, the items listed under "a" and "b" relative to
development parcels, were either/or choices. City Attorney Jensen
confirmed that they were either/or choices.
Mayor Meserve stated that he would like the ordinance to contain
language to allow consideration of waivers under special
circumstances.
Commissioner Borno suggested limiting waiver requests to
setbacks.
Discussion ensued. Commissioners Waters, Parsons, and Beaver
felt that the waiver (variance) provision should be left out of the
ordinance.
City Attorney Jensen stated that citizens have a right to seek relief
from a city action and if Section 17-5 was taken out of the
ordinance, there would be no administrative procedure set forth to
seek that relief.
Amendment to the motion: Reinstate Section 17-5 in the
ordinance.
There was no more discussion and the amendment to the motion
carried by a four to one vote with Mayor Meserve and
Commissioners Beaver, Borno and Parsons voting aye and
Commissioner Waters voting nay. The main motion carried
unanimously.
The Public Hearing and Final reading of the ordinance will be held
on July 14, 2003.
D. Ordinance No. 5-03-42 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 2, ADMINISTRATION,
AMENDING CHAPTER 14, PLANNING/ZONING/
APPEALS, AND AMENDING CHAPTER 23,
VEGETATION; CREATING UNIFORM TERMS FOR
APPOINTED MEMBERS OF THE CODE ENFORCEMENT
BOARD, COMMUNITY DEVELOPMENT BOARD, AND
TREE CONSERVATION BOARD; PROVIDING A
MAXIMUM LIMIT OF CONSECUTIVE TERMS FOR
BOARD MEMBERS; PROVIDING PROCEDURES FOR
REMOVAL; AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
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Motion: Approve Ordinance No. 5-03-42 on first
reading.
Commissioner Borno commented concerning the uniformity of the
language contained within the proposed amendments and stated that
he had spoken with the City Clerk who explained that the language
concerning residency and serving with no compensation occurs at
different places within the chapters being amended.
Commissioner Waters believed that "serves with no compensation"
should be struck from the ordinance since the board members are
recognized by other means. City Attorney Jensen advised that
"compensation" meant monetarily.
It was announced that the public hearing and final reading of the
ordinance would take place July 14, 2003.
There was no more discussion and the motion carried unanimously.
S. Miscellaneous Business:
A. Action on a request by Beaches Habitat to approve a re-plat
of a portion of the E. H. Donner's subdivision to create seven
two-family lots and one single-family lot on property located
on the west side of Francis Avenue, east of Mayport Road and
to be known as the Francis Cove Three subdivision
Motion: Approve a re-plat of a portion of the E. H. Donner's
subdivision to create eight two-family lots on property located
on the west side of Francis Avenue, east of Mayport Road and
to be known as the Francis Cove Three subdivision.
Commissioner Borno inquired as to the number of available lots at the
beaches for Habitat's use.
Ralph Marcello, representing Beaches Habitat, stated that in addition to
the Francis Cove subdivision Habitat was looking hoping to purchase
property located off Church Road in Jacksonville that would provide an
additional fourteen units. He indicated that as affordable land becomes
more difficult to obtain, Habitat may begin atear-down rebuild program.
Community Development Director Doerr stated that a duplex would be
built on the lot previously designated for asingle-family home, resulting
in sixteen units to be constructed on the property.
There was no more discussion and the motion carried unanimously.
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B. Designate Commissioner Dezmond Waters as the city's
voting delegate to the August 14-16 Florida League of Cities
Annual Conference
Motion: Designate Commissioner Dezmond Waters as the
city's voting delegate to the August 14-16 Florida League of
Cities Annual Conference.
Commissioner Borno indicated that he also planned to attend the
conference.
There was no discussion and the motion carried unanimously.
C. Appointments of t•vo residents of the City of Atlantic Beach
to the Police Employee Pension Board for a period of trvo
years and two residents to the General Employee Pension
Board for a period of four years
Human Resource Director George Foster stated that the two Board
Members terms would expire in October and December and the
information was being provided now so the Commissioners would have
time to make their decision regarding appointments.
No action was required at this time.
D. Approve a Leave Sell Back Policy change which would allow
employees the option to change their leave accrual limit in
December of each year for the following calendar year
Motion: Approve a Leave Sell Back Policy change which
would allow employees the option to change their leave
accrual limit in December of each year for the following
calendar year.
Commissioner Borno inquired if approval of this policy change would
cause an administrative burden.
Human Resources Director Foster responded that he did not expect many
employees to make changes and it should not create a burden. He
indicted that the revised policy would comply with IRS rules.
There was no more discussion and the motion carried unanimously.
E. Approve the Combined Voluntary Cooperation and
Operational Assistance Mutual Aid Agreement and authorize
the City Manager to sign the agreement on behalf of the City
of Atlantic Beach (City Manager}
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Motion: Approve the Combined Voluntary Cooperation and
Operational Assistance Mutual Aid Agreement and authorize
the City Manager to sign the agreement on behalf of the City
of Atlantic Beach.
There was no more discussion and the motion carried unanimously.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
Annual Water Quality Report
City Manager Hanson indicated that Florida regulations require that
a yearly report be sent to customers on the quality of water provided
by the city, and the annual report was included for the
Commissioners review.
No Parking Signs -Town Center
City Manager Hanson reported that Rona Brinlee, President of the
Town Center Merchants Association, had requested that one-hour
parking signs be reinstalled in the Town Center area between Ocean
and East Coast Drive to prevent beach goers from using the limited
number of parking spaces on Atlantic Boulevard.
City Manager Hanson indicted he had some concerns regarding the
request as the Police Department did not have enough staff to assign
an officer to parking duty in Town Center. He suggested that "No
Parking" be enforced on a complaint basis. He also believed the
signs themselves could be a problem as to height and location, and it
was noted that employees may also be using the parking spaces all
day long and could receive a ticket.
Commissioner Parsons inquired if regulating the parking would
impact funding for beach renourishment. Chief Thompson indicated
that it would have no impact.
By consensus the Commission directed the City Manager to have
the "No Parking" signs reinstalled in Town Center between Ocean
Boulevard and East Coast Drive.
Byrne Grant Modification
i It was reported that $19,000 of grant funds remained from last
year's approved grant of $60,000 to purchase of laptops, and the
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Minutes Page -12-
June 23, 2003
Police Department was requesting permission to use the remaining
funds for engineering to develop antennas for the laptops.
There were no Commission objections to the request.
10. Reports and/or requests from City Commissioners and
City Attorney
City Clerk King
• Reminded the Commissioners and Staff that their Financial
Disclosure Forms were due July 1, 2003.
Commissioner Beaver
• Indicated that the city needed to be diligent to make sure
construction dumpsters did not damage newly paved streets.
• Thanked the Cultural Arts and Recreation Advisory
Committee for the very successful Acoustic Night held at the
Adele Grage Cultural Center.
Commissioner Borno
• Commented that he had read the letter and reviewed the
photographs received from Mr. Bisbano, and talked to staff
concerning the requests. He believed there was no action th
Commission could take concerning his requests.
• Inquired whether PODS were being registered with the City
and reported that one was located on 2"`~ Street between
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Ocean and Beach.
• Reported he would be attending the implosion of the
Jacksonville Coliseum and dedication of the new arena later
in the week.
Commissioner Waters
• Distributed copies of the Florida League of Cities final
legislative report to the Commissioners, and urged them to
participate in League of Cities activities.
• Inquired if two of the homes photographed by Mr. Bisbano
should be condemned and stated that he knew of others in
equal disrepair.
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June 23, 2003
City Manager Hanson indicted that the siding on one of the
homes in the pictures submitted by Mr. Bisbano was being
replaced and the home had been properly inspected.
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• Inquired as to why Atlantic Beach did not show if pesticides
were present in the city water. Utility Director Kaluzniak
responded that the city only had to report on what was
detected in the water.
Commissioner Parsons
• Indicated he would like "Count," the turtle logo being used
in the Core City Project, to be used in conjunction with all
construction projects in the city.
• Inquired concerning the salinity of the water in the lagoon at
the golf course. Public Works Director Kosoy stated that
the water had been checked thirteen weeks prior to
construction and thirteen weeks after construction, and it was
found that the salinity was reduced after the permanent weir
was installed.
Mayor Meserve
• Recognized Jacksonville Council Member-Elect Art Graham
who was present in the audience.
• Informed everyone that the 2002 Hurricane Re-entry Passes
were still good and new passes were available at City Hall
and the Police Department.
There being no further discussion or busi
City Commission, the Mayor declared tly
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Attest:
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Maureen King
Certified Municipal C r
to come before the
~~ing adjourned at 8:55
idin~ Officer
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ATTACHMENT A ._,
,JUNE 23, 2003 COMMISSION MEETING
•
June 17, 2003
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
City anager
SUBJECT: Follow-up R ort
Traffic Study on 10`" Street; When the City Commission received a petition from residents of 10'"
Street requesting that speed bumps be installed, the Police D~:laartment was asked to investigate the
conditions and make a recommendation. A speed counter r~~:~.r placed on 10'" Street. The results
showed that there were no incidences of speeding at that loc.aion, and the results were reported to
the City Commission. The Commission then decided not to r.~stall speed bumps.
. Some of the residents of l0`" Street that circulated the petitic> i came to the last City Commission
meeting expressmg their disbelief that there were no mciden~;es of speedmg. While there was no
evidence that the measuring equipment had malfunctioned ui ~in}~ way on lOt" Street, the Police
Department had already attempted to recheck the findings v-~itl:t another study using the same
equipment. However, the speed detector was vandalized. T}~e; equipment was repaired and placed
out on 10`" Street again, only to be vandalized a second time. The City will repair the equipment
and set it up one last time on l Od' Street to recheck the findu~;s of the previous report. As soon as
data is available, it will be reported to the City Commission.
Resolution to )Cxpress Concern to the Jacksonville Council About the Proposed Rezoning and
Redevelopment on Mayport Road; At the last meeting, the ('~ity Commission requested that a
resolution be prepared to express the City's concern with a p -oposed rezoning and change to the
land use designation that would allow for the construction of 2t Wal-Mart on Mayport Road. Since
that meeting, the Jacksonville Council voted against supporting the proposed land use amendment,
which effectively ended the project.
The issues raised by the proposed Wal-Mart will undoubtedl:~ come up again as other large
redevelopment projects are proposed for this and other sites ~ilong Mayport Road within
Jacksonville's city limits. State and local laws and regulatioii:~ give adjacent cities several
opportunities to have input on major development in matters that affect them. Sonya Doerr will
make a brief presentation at the City Commission meeting o ~ i June 23rd outlining those
opportunities.
C7
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,_ ATTACHML'NT B _,
JUNE 23, 2003 COMMISSION MEETING
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AGENDA ITEM:
DATE:
SUBMITTED BY:
BACKGROUND:
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Golf Cart Recommendations
June 4, 2003
David E. Tho pso~hief of Police/DPS
In Apri12003, a staffreport was submitted to the City Commission discussing some of
the challenges and questions that needed to be address~:d before opening up city streets
for use by golf carts. At that meeting, the commission directed a committee to conduct
further research and recommendations relative to this issue.
On Monday, May 5, 2003, Carol Mikell, Lynn Charest, Jill Easton, and the Police
Chief/DPS met to discuss whether or not there`is a practical and safe way to allow the use
of golf carts on the public streets, while assuring adequate traffic flow for all motorists.
The committee reached a consensus on a number of the issues previously identified.
Committee members unanimously supported a requirement that all drivers be required to
have a valid operators license.
Before making fmal recommendations to the City Conunission, City Attorney Alan
Jensen was asked to review the matter and provide guidance. The City Attorney found a
2002 Attorney General Opinion that had a significant impact on the recommendations.
The Attorney General Opinion specifically addresses whether or not a city can pass an
ordinance imposing a minimum age requirement of sia~teen (16) for the drivers of golf
carts, and whether or not the city can require the operator of a golf cart to have a valid
driver's license. In essence, the Attorney General ruled that the answer is, "No." A city
is not allowed to set these restrictions on the drivers of'golf carts. See Attachment.
The Police Department opposes allowing unlicensed, fourteen (14) year old drivers to
operate golf carts on the public streets in Atlantic Beach. This has been discussed with
some of the committee members, and it appears that members understand and accept this
position. •
Clarification:
The State of Florida differentiates between "golf carts" and "slow moving vehicles."
"Golf carts" have a top speed of 20 MPH, and they are exempted from any registration
and tagging requirements from the state.
AGENDA ITEA7 3B
JUNE 23, 2003
"Slow moving vehicles" have four (4) wheels, and they have a top speed between 20-25
MPH. They aze required by the state to be licensed, tagged, and insured. The vehicles
seen azound Atlantic Beach that have license plates, are "slow moving vehicles," and not
"golf carts."
The City of Atlantic Beach is not required to take any action to regulate "slow moving
vehicles."
The use of "golf carts" on public streets is prohibited by state law, unless the City
Commission takes local action to allow "golf carts" on public streets.
BUDGET: None
RECOMMENDATIONS: Relative to golf carts, the recommendation is for the City
Commission to take no action.
ATTACHMENTS: Letter from Alan Jensen, City Attorney
Attorney General Opinion 2002-11
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:,
•
AGENDA ITEM 3B
JUNE 23, 2003
ALAN C. JEI~TSEN
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach, Florida 32240-0457
Telephone (904) 246-?500
June 3, 2003
Chief David R. Thompson
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Golf Carts in Atlantic Beach
Dear David:
Facsimile (904) 246-9960
Mail: AJensenLaw~aol.com
BY BAND DELIVERY
Enclosed is a copy of AGO 2002-11 which would prohibit Atlantic Beach from imposing more
restricted age or licensure requirements for the operation of golf carts on the public streets in
Atlantic Beach, than that allowed by §316.212, Florida Statutes. As you know, state statute does
not require a valid driver's license to operate a golf cart, and allows anyone 14 years or older to
operate a golf cart.
The Attorney General's opinion is very clear that the City cannot impose more restrictive
requirements than that provided by Florida Statutes. If you have any questions or if I can provide
any further information to you in this regard, please don't hesitate to contact me.
Very truly yours,
;~
. 7ENSEN
ACJ/tdb
Cc: James R. Hanson, City Manager
C7
AGENDA ITEn7 3B
JUNE 23, 2003
Florida Attorney General
Advisory Legal Opinion
Number: AGO 2002-11
Date: January 30, 2002
Subject: Municipal regulation of golf carts on roads
Mr. C. David Coffey
Cedar Key City Attorney
Haile Village Center
5346 Southwest 91st Terrace
Gainesville, Florida 32608-7124
RE: GOLF DARTS--MOTOR VEHICLES--MUNICIPALITIES--city may not impose
more restrictive age or licensure requirements for operation of golf
carts on public roads. s. 316.008, 316.212, and 322.04, Fla. Stat.
Dear Mr. Coffey:
You ask substantially the following questions:
1. May the City of Cedar Key impose a minimum age requirement for the
operation of a golf cart more restrictive than that allowed by
section 316.212, Florida Statutes?
2. May the city require the operator of a golf cart to have a valid
Florida driver's license?
In sum:
While the City of Cedar Key may restrict the operation of golf carts
on city streets where such operation is found to be incompatible with
the normal and safe movement of traffic, the city may not impose more
restrictive age requirements upon operators of golf carts than that
allowed by state law, nor may the city require a golf cart operator
to have a valid Florida driver's license.
You state that historically the City of Cedar Key has allowed the
operation of golf carts on city streets, imposing certain age and
other restrictions on~the drivers. In light of state statutes
addressing the operation of golf carts on city streets, however, the
authority of the city to impose more restrictive regulations on golf
cart operators has been raised. Due to the interrelated nature of
your questions, they will be answered together.
Chapter 316, Florida Statutes, the Florida Uniform Traffic Control
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Law, was enacted to "make uniform traffic laws to apply throughout
the state and its several counties and uniform traffic ordinances to
apply in all municipalities."[1] The purpose of the act was to
eliminate the "hodgepodge of ordinances which vary as to language and
penalty," resulting in an inconvenience and hazard to travelers. [2]
The provisions of Chapter 316, Florida Statutes, are "applicable and
uniform throughout this state and in all political subdivisions and
municipalities therein, and no local authority shall enact or enforce
any ordinance on a matter covered by this chapter unless expressly
authorized."[3] (e.s.) This office has previously stated that Chapter
316, Florida Statutes, operates to prohibit any local legislation on
traffic control or the enforcement thereof under the police power of
a municipality, except as may be expressly authorized by the Uniform
Traffic Control Law. [4]
Section 316.006(2)(a), Florida Statutes, provides:
"Chartered municipalities shall have original jurisdiction over all
streets and highways located within their boundaries, except state
roads, and may place and maintain such traffic control devices which
conform to the manual and specifications of the Department of
Transportation upon all streets and highways under their original
jurisdiction as they shall deem necessary to indicate and to carry
out the provisions of this chapter or to regulate, warn, or guide
traffic. "
In enacting Chapter 316, Florida Statutes, the Legislature also
recognized that there are conditions that require municipalities to
pass certain traffic ordinances regulating municipal traffic that are
not required to regulate the movement of traffic outside of
municipalities.[5] Section 316.008, Florida Statutes, expressly
recognizes areas in which local authorities may exercise control with
respect to the streets and highways under their jurisdiction and
within the reasonable exercise of the police power. Among those areas
enumerated is the power to restrict the use of streets and to
prohibit or regulate the use of heavily traveled streets by any class
or kind of traffic found to be incompatible with the normal and safe
movement of traffic.[6]
While municipalities have home rule powers to act upon any matter for
municipal purposes, municipal ordinances are inferior to laws of the
state and must not conflict with any controlling provision of a
statute. [7] As the.Florida Supreme Court stated in .Rinzler v. Carson,
[8] "[a] municipality cannot forbid what the legislature has
expressly licensed, authorized or required, nor may it authorize what
the legislature has expressly forbidden."
Section 316.212, Florida Statutes, generally prohibits the operation
of golf carts upon public streets or roads, except upon those
designated by a county or city for use by golf carts. The county or
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AGENDA ITEM 3B
JUNE 23, 2003
city, however, is responsible for making the determination that golf
carts may safely travel on or cross the public street or road, after
considering the speed, volume, and character of the motor vehicle
traffic using the street or road. Moreover, any person operating a
golf cart in accordance with section 316.212, Florida Statutes, is
exempt from the requirement of a driver's license. [9] The
Legislature, however, has prohibited the operation of a golf cart on
public roads or streets by any person under the age of fourteen.[10]
Where the Legislature prescribes the manner in which something is to
be done, it acts as a prohibition against its being done in any other
way.[11] In this instance, the Legislature has specified who may
operate~a golf cart on the public roads. and streets of this state.
Thus, a municipality may not prohibit the operation of a golf cart by
a person who falls within those classifications of individuals who
the state allows to operate golf carts.
Accordingly, while the~City of Cedar Key may restrict the operation
of golf carts on city streets where such operation is determined to
be incompatible with the normal and safe movement of traffic, the
city may not impose a more restrictive age requirement for the
operation of a golf cart than that which is allowed by section
316.212, Florida Statutes, nor may the operator be required to have a
valid Florida driver's license.
• Sincerel
Y~
Robert A. Butterworth
Attorney General
RAB/ tl s
[1] Section 316.002, Fla. Stat.
[2] See, the preamble to Ch. 71-135, Laws of Florida, creating Ch.
316, Fla. Stat.
[3] Section 316.007, Fla. Stat. See, s. 316.002, Fla. Stat., stating
that it is unlawful for any local authority to pass or attempt to
enforce any ordinance in conflict with the provisions of Ch. 316,
Fla. Stat.
[4] See, Ops. Att'y Gen. Fla. OZ-06 (2001), 98-62 (1998} and 98-15
(1998) .
[5] Section 316.002, Fla. Stat.
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AGENDA ITEM 3B
JI1NE 23, 2003
j6] Section 316.008 (].) (g) and (n} , Fla. Stat.
[7] See, City of Miami Beach v. Rocio Carp., 404 So. 2d 1066 (Fla. 3d
DCA 1981), pet. for rev'. den., 408 So. 2d 1092 (Fla. 1981).
[8] 262 So. 2d 661, 668 (Fla. 1972}.
[9] Section 322.04(1)(e), Fla. Stat.
[10] Section 316.212(6), Fla. Stat.
[11] See, Alsop v. Paerce, 19 So. 2d 799, 805 (Fla. 1944) (where
Legislature has prescribed the mode, that mode must be observed).
•
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Skate Park Public Meeting
Minutes
6/23/03
Present: John Meserve, Mayor
Mike Borno, Commissioner
Paul Parsons, Commissioner
Dezmond Waters, Commissioner
And Jim Hanson, City Manager
Timmy Johnson, Director, Parks, Recreation & Beautification
Athena Shearer, Recording Secretary
1. Introduction
a. The Mayor opened the meeting at 6:03 by introducing Tat Chan of Via
Concepts.
b. Tat Chan gave a presentation/description of the skate park schematic
design. He explained that the park design was for beginner and
intermediate skaters with jump off areas, berm areas, a shallow bowl and a
deep bowl, rails and grinding areas, ramps and landing areas. The platue
was designed to be 4 feet high. The 2 bowls were designed to be
interconnected and would accommodate several skaters at one time.
2. Status
a. Location -Russell Park
b. Size -around 5,500 sq. ft.
c. Users -beginners to intermediate skaters (based on skill level}
d. Liability -rules posted and enforced/no city staff
e. Funding -funds would come from private donations thru fundraising and
grants
f. Schematic Update -displayed for public viewing and explained by Tat
Chan
3. Public Comments
Commissioner Borno inquired about the Berm area and asked if there was a need
for Bulk Heading and a fence around the park. Tat Chan stated that he did not
feel bulk heading or fencing was necessary. Commissioner Borno asked if there
would be lighting, but no decision was made.
Commissioner Waters inquired about the maximum capacity. Mr. Chan replied
• that it would depend on what skills the skaters were doing.
Minutes, Skate Park Public Meeting, June 23, 2003
Page 2
Mayor Meserve asked how the bowls would drain. Tat
Chan suggested having the skate park area elevated for more natural drainage and
possibly a pump or grates. The Mayor inquired about spectator areas for parents.
Mr. Chan said there were several areas for viewing.
Commissioner Borno asked if there would be shade.
Tat replied that there was no shade at this time, but they are considering including
some type of shady area.
The Mayor inquired about the noise that would be created on the concrete
structure and the distance from private houses. Mr. Chan did not feel noise would
be a concern during the daytime.
Commissioner Borno wanted to know the time line for this project. Timmy
stated it would take approximately 6 weeks to bid the project out. Tat Chan stated
it would only take about 2 to 3 months to build the park, but the funding would
take time. Timmy added that the City would apply for grant money and would
also need private funding. Tat suggested having a professional skateboarder do
demonstrations for fund raising.
The Mayor stated that Sandy from Aqua East Surf Shop offered to donate
$6,000. He also said that SkateLab was concerned about getting run out of
business if a free public skate park is opened.
Visitors explained that SkateLab is indoors and has different equipment than the
proposed skate park.
The Mayor asked how much the proposed skate park would cost. Tat stated the
cost would be $24 per square foot for 5,500 sq. $., which would come out to
approximately $150,000.
The City Manager inquired how long it would take to get approval for the grant
money. Timmy said approximately 3 months.
Commissioner Rick Beaver arrived at 6:25 p.m.
Visitors stated that their greatest concern was whether the skate park would get
built or not.
Tat explained that the construction of the skate park would only take a couple
months.
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Minutes, Skate Park Public Meeting, June 23, 2003
Page 3
Commissioner Borno suggested having a fundraiser, which would allow
donators to buy a brick with their name on it. The Mayor also suggested having a
wall for the names of donators.
Visitors asked about having a water fountain, benches and a shaded area to where
skaters could sit down. It was suggested that the rails be adjustable.
The City Manager explained that sometimes the end result of a project might not
meet everyone's expectations. He cautioned about liability issues and State Law
requirements and asked if the visitors were willing to abide by those
requirements.
Commissioner Beaver suggested the visitors use peer pressure to get other
skaters to abide by the rules and wear protective gear.
4. Closing
The Mayor ended the meeting by encouraging those involved to start working on
getting funding for the project.
The meeting adjourned at 6:40 p.m.
Athena Shearer
Admin. Assistant
Parks & Recreation Department
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