07-14-03 vCITY OF ATLANTIC BEACH
COMMISSION MEETING JULY 14, 2003
AGENDA
5:00 P.M. - Workshop to discuss projects to be funded from the Better Jacksonville half-
cent sales tax revenues
6:00 P.M. - Shade Meeting to discuss Collective Bargaining issues
7:15 P.M. - Regularly Scheduled Commission Meeting
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of June 23, 2003
2. Courtesy of Floor to Visitors
A. Presentation of Outstanding Citizen award to Paula Moody and Jamie Putman
3. Unfinished Business from Previous Meetings
A. City Manager's follow up report on issues from previous meetings
B. Animal Control Report
C. Action on an Application for Waiver from the setback requirements of Chapter
17, Signs and Advertising Structures, filed by Ruth and Kelly Wilson of Wilson
and Wilson Optical
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
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 receipt of the following monthly reports: Building Department, new
Occupational Licenses, Public Works and Public Utilities Departments, and
Utility Sales (City Manager)
B. Approve extension of annual contracts for environmental laboratory services for
an additional year to Advanced Environmental Services, Inc. and Columbia
Analytical Services at the current contract prices (RFP No. 0102-7) (City
Manager)
C. Award annual contract for chlorine and sulfur dioxide to Jones Chemical, Inc. at
the unit prices submitted in Bid No. 0203-18 (City Manager)
5. Committee Reports
A. Report and recommendations of the Pension Review Committee (City Manager)
6. Action on Resolutions
7. Action on Ordinances
A. Ordinance No. 60-03-14 Public Hearing and Final 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 I7-6,
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
B. Ordinance No. 5-03-42 Public Hearing and Final 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 O~ 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
8. Miscellaneous Business
A. Public Hearing and action on a request for aUse-by-Exception to allow
automotive repair and service in association with an existing used car lot
(Neptune Auto Sales, Inc.) on property within the Commercial General (CG)
zoning district located at 880 Mayport Road (City Manager)
B. Authorize the City Manager to execute a Professional Services Agreement with
the Northeast Florida Regional~Planning Council to assist in the preparation of the
Evaluation and Appraisal Report (EAR) based on amendments to the adopted
Comprehensive Plan (City Manager)
C. Action on the request of Bestcon, Inc. to use a portion of the unopened West 14~'
Street right-of--way to construct a landscaped walkway, a wooden pedestrian
bridge and platform to provide access to a creek connecting to the Intracoastal
Waterway (City Manager)
D. Approve Change Order No. 1 for Relocation, Installation and Coating of Elevated
Storage Tank at Water Plant No. 2 in the amount of $13,590. (Bid No. 0203-2
rebid)(City Manager)
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E. Appointments to the Cultural Arts and Recreation Advisory Committee
F. Approval for use and naming of the park at the flyover at the intersection of
Mayport Road and Atlantic Boulevard (Mayor)
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, July 11, 2003.
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MINUTES OF TIC REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, JULY 14, 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 Commissioner Beaver was followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission meeting
of June 23, 2003
Commissioner Borno referenced page three of the minutes and stated
he would like paragraph three under Beach Signs to be amended to read
as follows: "It was the consensus of the Commission to place the "Keep
Off the Dunes" signs on the trash cans, if possible, and also attach the
street names on all of the cans as illustrated".
Motion: Approve the minutes of the Regular Commission
Meeting of June 23, 2003 as amended.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
A. Presentation of Outstanding Citizen Award to Paula Moody
and Jamie Putman
Mayor Meserve recounted a recent incident at Tideviews Preserve when
Alan Sowder, a city employee, was assaulted and robbed by a man and
woman while working in the park. He further stated that without the
help of Paula Moody and Jamie Putman, residents who witnessed the
• attack and were willing to become involved and help Mr. Sowder, he
might have been more seriously injured.
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July 14, 2003
Mayor Meserve presented an Outstanding Citizen Award to Paula
Moody. Jamie Putman was unable to attend the meeting and will be
given her award at a later date.
Chief Thompson presented his recommendations for increased park
security, as follows: (1) Increase police patrols in the parks, especially at
closing times or when a problem has been identified by staff, (2)
Enhance the role of Parks and Recreation staff to address security issues
by changing their titles to "Rangers" instead of "Attendants" and issuing
new uniforms to reflect the change, (3) Coordinate communication
between Parks and Recreation staff and the Police Department, and
encourage the investigation of all suspicious activities and rules
violations in the parks, (4) Provide direct radio communication between
Parks and Recreation staff and the Police Department, (5) Provide Parks
and Recreation staff with a public address system so they can
communicate from a distance in remote areas, (6) Promote more use of
the parks, more people and visibility discourage bad behavior, (7)
Encourage citizens who live near parks to report problems at the time
they occur, and (8) Use video cameras to monitor remote parks.
Chief Thompson stated that the city was currently investigating the costs
to video monitor the parks. Commissioner Waters believed the city
should use video cameras in the parks if it all possible.
Alan Potter of 374 Second Street referenced the Water Quality Report
recently mailed to all Atlantic Beach and Buccaneer Water District
customers and stated that the water coming from the aquifer was non-
corrosive. He pointed out that copper was present in the water coming
from homes as a result of corrosion of household systems. He believed
the city was responsible for allowing the water to become so corrosive.
He requested that the city take measures to reduce or eliminate the
corrosiveness.
Bob Totter of 275 llt~' Street referenced the Workshop Meeting held
earlier to discuss projects to be funded from the Better Jacksonville half-
cent sales tax revenues and stated he did not hear any mention of
reducing taxes or debt with the funds. He felt the citizens of Atlantic
Beach wanted smaller government, not more projects.
James Hill of 372 7`~' Street stated that a recent beautification project at
the beach access at the end of 7`'' Street had eliminated the use of public
land by citizens who liked to use the area to view the ocean. He felt the
area could have used a shower, but instead an irrigation system for
landscaping was installed. He requested that the Commission revisit the
access and consider changing how it was now being used.
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July 14, 2003
Don Remley of 1309 Violet Street distributed Mastic remnants from
firecrackers he had picked up during the July 5` beach cleanup. He
stated that he had never seen this type of plastic fragments before and
expressed concern they could become a safety issue for sea turtles and
citizens using the beach.
Pat Pillmore of 995 Camelia Street felt that information concerning the
Mayport Road corridor study was not being provided to the citizens of
Atlantic Beach and thought that the Community Development Board
should have an opportunity to review the overlay maps developed by the
Jacksonville Planning Department before decisions were made.
Richard Allen of 320 8t~' Street stated that the ability to use beach
accesses was important to many of the residents of Atlantic Beach, and
he felt the recent landscaping project installed at the 7`" Street beach
access by residents of Le Chateau Condominiums was an attempt to keep
the public access private. Mr. Allen recalled a verbal altercation, which
occurred between a resident of Le Chateau and himself at the access, and
stated he felt the public could no longer feel comfortable using the
access. He also requested that the city revisit the site.
Discussion of the beautification project ensued, and Mayor Meserve
indicated that staff would look into this matter.
J.P. Marchioli of 414 Sherry Drive read Section 14 of the Charter
concerning meetings of the Commission.
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.
B. Animal Control Report
Chief Thompson reviewed the history of animal control in the city and
recommended several changes to the fee and fines schedules relative to
animal control and the penalties for violating the Animal Control Code.
A copy of his report dated June 26, 2003 is attached and made part of
this official record as Attachment B.
Commissioner Borno inquired concerning a definition fora "dangerous
dog" as referenced in Items #4 and 6 on the list of recommendations and
inquired if a dangerous dog could be removed by the city. Chief
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Thompson indicated that there was a process for removal of a dangerous
dog but it required court action.
Commissioner Parsons inquired if fines for third offenses had been
increased. Chief Thompson indicated that it was being recommended
that third and subsequent violations be considered criminal violations,
with a fine of up to $500, as determined by the judge. Commissioner
Parsons stated that he would like the fine to be $500.
A review of the recommendations ensued. Commissioner Waters
indicated his support of the recommendations. Commissioner Borno
stated that he would like the city to have the ability to remove a
dangerous dog from the city.
By consensus the Commissioners agreed to incorporate the
recommended changes into the city's Animal Control Ordinance and
requested that the City Attorney draft the new ordinance.
C. Action on an Application for Waiver from the Setback
Requirements of Chapter 17, Signs and Advertising
Structures, filed by Ruth and Kelly Wilson of Wilson and
Wilson Optical
Motion: Approve request, if the sign is moved approximately
1.5' from the edge of the sidewalk.
The motion was lost for lack of a second.
Motion: Deny the request for the waiver from the setback
requirements of Chapter 17, Signs and Advertising
Structures, filed by Ruth and Kelly Wilson of Wilson and
Wilson Optical.
There was no discussion and the motion carried on a 4 -1 vote with the
Mayor and Commissioners Beaver, Borno and Parsons voting in favor of
the motion and Commissioner Waters voting against the motion.
4. Consent Agenda
Commissioner Borno requested that Item A be removed from the
Consent Agenda for discussion.
B. Approve extension of annual contracts for
Environmental Laboratory Services for an additional
year to Advanced Environmental Services, Inc. and
Columbia Analytical Services at current contract prices
(RFP No. 0102-7) (City Manager)
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July 14, 2003
C. Award annual contract for Chlorine and Sulfur Dioxide
to Jones Chemical, Inc., at the unit prices submitted in
Bid No. 0203-18 (City Manager)
Motion: Approve Consent Agenda Items B and C as
presented.
There was no discussion and the motion carried unanimously.
A. Acknowledge monthly reports: Building Department,
new Occupational Licenses, Public Works and Public
Utilities Departments and Utility Sales (City Manager)
Commissioner Borno referenced Item #13 - DeWees Avenue Area
Drainage and Paving Improvements Project listed in the Public
Works and Utility Departments Status Report and inquired if the
drainage was working.
Public Works Director Kosoy stated it was functioning properly, but
they would have to clean some debris from a drainage culvert.
Commissioner Parsons referenced the new Occupational License
Report and inquired as to the licensing of a Lawn Service business
in a residential area. He stated that he had received a complaint that
employees were meeting at the house before going out on their jobs,
which he believed was in violation of what was allowed under a
Home Occupational License.
Discussion of the licensing requirements ensued and the Mayor
requested that the matter be turned over to Code Enforcement.
5. Committee Reports:
A. Report and recommendations of the Pension Review
Committee (City Manager)
Commissioner Borno, a member of the Pension Review Committee,
presented the report to the Commissioners and thanked the
Committee Members and staff for their work.
Commissioners agreed it was a good report and commended the
Committee for their work.
Commissioner Waters expressed concern with the proposed
overtime policy changes and felt there should have been input from
the employees.
City Manager Hanson indicated that the employees had an
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opportunity to give input when they met with representatives from
Palmer and Cay, the company who wrote the city's pay plan and
employees' benefit package study in 2001.
A copy of the report is attached and made part of this official record
as Attachment C.
6. Action on Resolutions:
7. Action on Ordinances:
A. Ordinance No. 60-03-14 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING ORDINANCE
NUMBER 60-03-14, AMENDING CIIAPTER 17 OF
THE CODE OF ORDINANCES, WHICH
REGULATES SIGNS AND ADVERTISING
STRUCTURES WITHIN THE CITY OF ATLANTIC
BEACH. SAID ORDINANCE SHALL AMEND
SECTION 17-27, GENERAL PROVISIONS
APPLYING TO ALL PERMITTED SIGNS;
SECTION 17-29, SIGNS PERMITTED WITHIN
COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS; AND SECTION 17-64, FEES.
AMENDMENTS SHALL BE ADOPTED BY
REFERENCE AS CHAPTER 17 OF THE CODE OF
ORDINANCES AS PREVIOUSLY ADOPTED
THROUGH ORDINANCE NUMBER 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.
Mayor Meserve read the ordinance by title only and opened the
floor for a public hearing.
Motion: Approve Ordinance No. 60-03-14 on final
reading.
Bob Totter of 275 11`x' Street read from a Small Business
Administration bulletin on the importance of signs to the success of
a business.
Pat Pillmore of 995 Camelia Street stated that she could not read
the sign located at K-Mart and felt that low signs surrounded by
landscaping were too difficult to read by passing motorists.
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July 14, 2003
No one else spoke and the Mayor closed the public hearing.
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Community Development Director Doerr noted there was an error i
the title of the ordinance included in the packet, but the corrected
title was used in the legal notice advertising the second reading.
Commissioner Beaver confirmed that the number of signs permitted
on a development parcel with frontage on more than one street was
limited to three signs. Commissioner Beaver felt the ordinance was
good for the future of the city.
Commissioner Waters confirmed that the requirement to display
street numbers found in Section 17-29(4)(e) was included in the
previous ordinance.
There was no more discussion and the motion carried unanimously.
B. Ordinance No. 5-03-42 Public Hearing and Final 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
S 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 and opened the
floor for a public hearing.
Motion: Approve Ordinance No. 5-03-42 on final
reading.
Curtis Sanders, Cliair of the Code Enforcement Board, inquired
as to when the ordinance would go into effect. Mayor Meserve
stated that it would be effective with the final reading.
Pat Pillmore of 995 Camelia Street favored term limits for board
members.
No one else spoke and the Mayor closed the public hearing.
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July 14, 2003
Commissioner Beaver inquired as to the term limits for Code
Enforcement Board Members.
City Manager Hanson explained that Florida Statutes set the three
year term for Code Enforcement Board Members and this could not
be varied.
Discussion ensued and it was determined that Code Enforcement
Board Members should be allowed to serve a maximum of three
consecutive three-year terms, which would be more consistent with
the four consecutive two-year terms set for the other boards.
Amendment to the motion: Amend ordinance 5-03-42 to
allow Code Enforcement Board Members to serve a
maximum of three consecutive three-year terms on the
Board.
There was no more discussion and the amendment to the motion and
the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on a request for aUse-by-
Exception to allow automotive repair and service in
S association with an existing used car lot (Neptune auto Sales,
Inc.) on property within the Commercial General (CG)
Zoning District located at 880 Mayport Road (City Manager)
Motion: Approve a request for aUse-by-Exception to allow
automotive repair and service in association with an existing
used car lot (Neptune Auto Sales, Inc.) on property within the
Commercial General (CG) Zoning District located at 880
Mayport Road as recommended by the Community
Development Board. (The Community Development Board at
their meeting held June 17, 2003, approved the Use-by-Exception
to the applicant only, William Dukes, to allow for continuation of
the automotive repair services until December 07, 2004 and
required that the site be cleaned up).
Community Development Director Doerr explained the request
as written in her Staff Report dated June 25, 2003. The report is
attached and made part of this official record at Attachment D.
It was pointed out that the original Use-by-Exception, granted in
1987, was for auto sales only and did not include auto repair.
Mr. Dukes explained that he had been in business since 1987 and
he felt auto repair was included in the original Use-by-Exception
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July 14, 2003
since it was discussed at the meeting. He further stated that he
would clean up the site and would be willing to install a fence to
block the view of his business from Mayport Road.
Commissioner Beaver inquired as to the December 07, 2004 time
limit for the Use-by-Exception and asked where that date came
from. Mr. Dukes indicated that his current building lease expires
on that date. Commissioner Beaver then asked Mr. Dukes if he
intended to close his business at the end of the lease. Mr. Dukes
responded that he wanted to continue to work as long as he could,
and he intended to renew his lease, but the Community
Development Board had placed that condition on the Use-by-
Exception.
Discussion ensued concerning the fact that Mr. Dukes had
operated an auto repair business for more than seventeen years in
violation of the city code without knowledge he was in violation.
Mayor Meserve suggested approving the Use-by-Exception for
auto repairs as long as Mr. Dukes leases the property.
Amended Motion: Approve Use-by-Exception to allow
automotive repair and service in association with an existing
used car lot (Neptune Auto Sales, Inc.) on property within the
Commercial General (CG) zoning district located at 880
Mayport Road as recommended by the Community
Development Board, with the exception that Mr. Dukes be
allowed to continue the automotive repair service for as long
as he holds a lease to said property. (The Community
Development Board at their meeting held June 17, 2003,
approved the Use-by-Exception to the applicant only, William
Dukes, to allow for continuation of the automotive repair services
until December 07, 2004 and required that the site be cleaned
up).
There was no more discussion and the amended motion carried
unanimously.
B. Authorize the City Manager to execute a Professional
Services Agreement with the Northeast rlorida Regional
Planning Council to assist in the preparation of the
Evaluation and Appraisal Report (EAR) based on
amendments to the adopted Comprehensive Plan (City
Manager)
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Motion: Authorize the City Manager to execute a
Professional Services Agreement with the Northeast Florida
Regional Planning Council to assist in the preparation of the
Evaluation and Appraisal Report (EAR) based on
amendments to the adopted Comprehensive Plan.
There was no discussion and the motion carried unanimously.
C. Action on the request of Bestcon, Inc. to use a portion of the
unopened West 14`x' Street right-of--way to construct a
landscaped walkway, a wooden pedestrian bridge and
platform to provide access to a creek connecting to the
Intracoastal Waterway (City Manager}
Motion: Approve request of Bestcon, Inc. to use a portion of
the unopened West 14~~' Street right-of--way to construct a
landscaped walkway, a wooden pedestrian bridge and
platform to provide access to a creek connecting to the
Intracoastal Waterway, as recommended in the Staff Report
dated June 25, 2003. (The Staff Report is attached and made
part of this official record as Attachment E. Item #2 was
amended to give the Homeowners Association 48 hours notice of
scheduled maintenance).
Paul Nichols, President of Bestcon, Inc., presented his request to use a
portion of the unopened West 14`h Street right-of--way adjacent to his
Hidden Paradise Subdivision to construct a landscaped walkway, a
wooden pedestrian bridge and platform to provide access to a creek
connecting to the Intracoastal Waterway, to be used by the public and
maintained by the Hidden Paradise Homeowners Association.
Commissioner Waters stated he did not believe the walkway and bridge
would really be for public use. Mr. Nichols confirmed that the public
would be allowed to use the facilities.
Commissioner Beaver stated that he would like to be sure the facilities
were properly maintained and that the city would have the right to
remove the structures if they become in disrepair. He also felt the
platform should be removable to allow access for ditch maintenance by
the city's walking excavator.
Mr. Nichols stated that the structures would be removed for ditch
maintenance, with notice from the city to the Homeowners Association.
Discussion ensued. Commissioner Waters believed the city should give
forty-eight hours notice of proposed maintenance. Commissioner Borno
suggested that the bridge be built with a hinge to allow it to be lifted out
of the way.
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July 14, 2003
There was no more discussion and the motion carried unanimously.
D. Approve Change Order No. 1 for Relocation, Installation and
Coating of Elevated Storage Tank at Water Plant No. 1 in the
amount of $13,590 (Bid No. 0203-02 rebid) (City Manager)
Motion: Approve Change Order No. 1 for Relocation,
Installation and Coating of Elevated Storage Tank at Water
~'lant No. l in the amount of 513,590.
There was no discussion and the motion carried unanimously.
E. Appointments to the Cultural Arts and Recreation Advisory
Committee
Mayor Meserve stated that he would like to reappoint Ray Coleman,
Margaret Van de Guchte, Steve Piscitelli and James Strutchen to two-
year terms on the Cultural Arts and Recreation Advisory Committee.
Motion: Approve reappointments to the Cultural Arts and
Recreation Advisory Committee as recommended by the
Mayor.
Commissioner Beaver requested that if a vacancy occurs, consideration
be given to the appointment of Ingrid McCawley to the Committee.
There was no more discussion and the motion carried unanimously.
F. Approve for use and naming of the park at the flyover at the
intersection of Mayport Road and Atlantic Boulevard
(Mayor)
Mayor Meserve distributed maps of the flyover area showing the parcels
recently acquired by the city, which included a piece of land to the west
of the original park along Atlantic Boulevard that abutted the American
Legion parking lot. Mayor Meserve stated that he had had informal
conversations with several local military organizations, as well as the
Mayport Naval Station command, and they all supported the concept of
designating the area as a memorial park and naming it "Atlantic Beach
Veterans Memorial Park". He felt they would help with the design,
funding and maintenance of the park, and provide security for the area.
Mayor Meserve indicated that the area originally designated as a park
would be developed as a children's playground area.
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Y
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BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
Minutes Page -12-
July 14, 2003
Motion: Designate and name Parcels A,B, and C, located at
the intersection of Atlantic Boulevard and Mayport Road,
Atlantic Beach Veterans Memorial Park and authorize the
Mayor to negotiate with the local veterans groups for the
creation of a memorial area. (A copy of the map is attached
and made part of this official record as Attachment F).
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:
Emergency Repair at Wastewater Plant
It was reported that emergency repairs totaling 519,230.40 were
made to stop a large leak in the air main going to the digester at the
Wastewater Treatment Plant.
Janitorial Services
It was reported that the city's current contractor providing janitorial
services had quit effective today, and a temporary purchase order
had been issued to Atlantic Coast for 30 days of janitorial service.
A staff report recommending a new contractor will be made at the
next Commission Meeting.
Air Show Agreement
It was reported that a draft agreement had been received from the
City of Jacksonville for the 2003 Air Show, which will be held at
the beaches. It was further reported that the City of Jacksonville
Beach desired to amend several of the proposed provisions in the
agreement prior to its approval. The amended agreement will be
placed on a future agenda for Commission consideration.
New Web Page
It was reported that the city's new Web Page was now "live" and if
there were any comments or suggestions for improvements, they
should be passed on to staff.
10. Reports and/or requests from City Commissioners and
City Attorney
OMMISSIONERS M
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1
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BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
Minutes Page -13-
July 14, 2003
Commissioner Beaver
.•.
In response to an earlier comment made by Mr. Totter
that the citizens of Atlantic Beach wanted the
Commission to reduce taxes, Commissioner Beaver
stated that there was another segment of the community
that wanted the Commission to make decisions for
additional services and projects for their children that
would enhance their quality of life. He believed that was
what the Commission was doing with the one-half cent
sales tax funds.
Commissioner Borno
• Reported there were 47 turtle nests on the beaches.
• Expressed concern for the use of illegal fireworks at the
beach and the large amount of debris left behind from
them. He believed citizens should abide by the law
regulating fireworks, but there were too many loopholes
in the law, which made enforcement difficult.
Commissioner Parsons
•
• Reported he had received no complaints concerning the
7`'' Street beach access and stated that staff needed to
investigate the problem.
• Supported the new sign regulations, but regretted the
impact the sign had had on Wilson and Wilson's
business.
Commissioner Waters
• Believed the City of Atlantic Beach should monetarily
support the Jacksonville Beach Independence Day
f reworks display to ensure a successful celebration for
all beach residents, and the city should inquire early
concerning providing the support.
• Suggested the city pay for a dinner for Alan Sowder and
his wife.
• Suggested that the city invite Paula Moody and Jamie
Putman to the appreciation reception held in August for
committee and board members.
OMMISSIONERS M
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Minutes Page -14-
July 14, 2003
• Stated he did not know the motivation behind the
beautification project at the 7`" Street beach access when
it was approved, and indicated there were some rocks
placed along where people like to walk in a grassy area
and the City may receive complaints about this.
There being no further discussion or business to come before the
City Commission, the Mayor declared th melting adjourned at
9:48 p.m. n~ /~ 1`
~ Jolu Meserve
Attest: yor/Pr siding Officer
,~ ,
J /' ~ , r ~ - G~,
M ~ reen King
Certified Municipal Cl rk
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OMMISSIONERS M
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~i ..._..._._._... ........ :...:..I i„ ~ .I. I~ IIl~I 8 ~i I .~.,:. ~~ ,~~- .~ 1w~
.Il?L,Y 1.3, 2003 C'O~(1115SL1~N Vi];E'1'ING
July 8, 2003
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
i y anage ,~
SUBJECT: Follow- Report
Recommendations for Improved Safety at Tide Views Preserve; Follov~ing a r~ciazt incident
where a city employee was robbed at the Tide Views Preserve, the city's Recrc2~tz~>>i and Public
Safety Directors have worked together to compile a list of steps that will improve t}~~ ~,~~iety of
employees and the general public at the park. That report is not ready as o:f tlZis v~riti~l[,, but will
made by staff at the commission meeting on July 14`t'.
Asphalt Damage; 12`h Street; It was reported at the last commission meeting that s contractor
had placed a dumpster on the newly resurfaced 12°i Street and damaged the pavi.n.T;. 'C71e project
was located at 320 12u' Street and the contractor has been notified that he will h.. respc,-isible for
the damage that was caused to the street. Bob Kosoy has notified the contractor that tlafe road
will be repaired by the city's contractor doing the Core City Project and that a bill vrill be sent a:,
soon as it is complete. •
PODS; A question was raised at the last commission meeting about the legality ofa z~u>bile
storage unit (PODS) located on 2°`~ Street between Ocean and Beach. City stai'f ch~;ched into this
location and looked over the rest of the city to see if any others were illegally placed. '1'liey
found that the unit at 223 Ocean was being used as a construction trailer which. is pern~.issible
during construction, although the contractor had not obtained a permit for its locattioc>_ "I':railers
used by a contractor for constriction materials are exempt from the city's provision limiting the
time that they can be used for household storage. The city also required the contractor to uistall a
construction sign on the side of the trailer. A second trailer was found on I2`~' Street, ~vluch was
being used to store household goods during a renovation. This owner has been intorm•d that the
unit must be moved because city code requirements allow them to be on site for only i?atu• days
with a possible ten-day extension if approved. by the City Manager.
Northeast Florida League of Cities Meetin ;After the City Commission requested that
arrangements be made with the Northeast Florida League of Cities to host one o:f their monthly
meetings in Atlantic Beach, a schedule has now been set for the meeting to be held on 'T'hursday,
March 18, 2004. The meeting will begin at 6:00 with diruler served at 7:OOpm.
•
i^ ~ '~ .
ATTACHMENT I3 _
Jti LY 14, 2003 COMMISSION AZEETIn'G
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Animal Control Report
DATE: June 26, 2003.
SUBMITTED BY: David E. Thompson, Chief of Polic4~'1)P'S
BACKGROUND:
Purpose:
The purpose of this report is to review Animal Cc~ n t ~~>l in tyre City of Atlantic Beach,
including the city code and the penalties, and to ide~it.ify an;y deficiencies or problems
that may exist. The report will include historical iir fc~rn~ation as well as discussions
of existing demands and codes relative to animal c.~rc, and control. Additionally,
recommendations will be included to update the conic: and resolve existing problems.
History:
Animal Control services in Atlantic Beach were ori,i,inrilly covered under the Inter-
- local Agreement with the City of Jacksonville. Eft that time, Jacksonville handled all
animal control complaints throughout Duval Count.~~. ,~tla~tic Beach did not have
any animal control responsibilities or staffing. During the 1980s, the City
Commission in Atlantic Beach expressed their diss~tt.is.action with the level of animal
control services in Atlantic Beach, and they authori,-ed an .Animal Control position in
the Police Department. Since that time, a second a~~imal control position was added
to the Animal Control Division in the Police Departnent.
The City Cade that addresses animal issues has bear updated on a number of
occasions over the past 20 years. Despite some extensive, and often emotional
debate, it was consistently concluded that citizens should be allowed to have animals
on the beach. In 1997, a committee was appointed to review and update the animal
control codes in Atlantic Beach. The code was upclrrted, including the penalties for
violations of the code.
As a result of attrition and difficulty finding qualiti.ed appJiicants for animal control
positions, the animal control positions were vaerrnt during most of the year 2002.
After aggressively recruiting for the position, two ;uiirnal control officers were hired
in August of 2002. Since that time, they have bee rt trained and certified by the
Florida Animal Contro] Association, and they ha. c been certified in the use of
chemical capture equipment.
r~
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AGEl~'DA ITEM 3B
JULY 14, 2003
• Existing Demands:
One of the most common fallacies relative to Atlantic Beach Animal Control ~s the
misperception that most ofthe animal problems exist on the beach. When there is an
animal problem on the beach, it tends to be highly visible, and it receives a great deal
of attention. A dog running loose on the beach and creating a nuisance is very likely
to be viewed'by a large number of citizens who will tell others about it. For this
reason, a perception is created that the animals on the beach are the most significant
problem relative to animals.
The reality is that the vast majority of animal control problems in Atlantic Beach are
unrelated to the beach. Animal control officers receive numerous telephone calls and
complaints on a daily basis, and they include:
Disputes between neighbors.
' Complaints of aggressive and dangerous dogs. w
Complaints relative to strays
Complaints of animal cruelty by citizens.
Complaints of cats, especially feral cats, damaging property and creating a nuisance.
(At one time, complaints about cats greatly exceeded the complaints on dogs in the
city)
Complaints relative to undomesticated animals including rats, bats, raccoons,
opossums, armadillos, birds, snakes, alligators, and others.
Assistance for birds including transportation and care at BEAKS.
Adoptions of animals.
Complaints of animal related noise, especially barking dogs.
Questions relative to state and local laws.
Problems with injured and/or diseased animals.
Investigations of animal bites and/or injuries that require reporting to the Health
Department and the Police Department (which might include quarantining the
animal)
Requests for information and referral services for adoptions, diseases, and pet care.
In addition to responding to these demands, Animal Control Officers must keep the
vehicles, facilities, and equipment clean and serviced. And, the animal control
officers must maintain a public presence throughout the city through routine patrol.
AGENDA ITEM 3B
JULY 14, 2003
Fees vs. Fines
In the City Cade, there are fees and fnes. "Fees" are reasonable charges for
providing services provided by city staff members. Far example, an redemption fee
is intended to recover the costs of an animal control officer's time to catch an animal,
to transport it to the holding facility, to accompany the owner to pay the
impoundment fee, and to release the animal to the owner at the holding facility. This
is intended to recover the city's cost of providing services. It is not intended to be
punishment for an infraction of the law.
A fine, is a penalty for the violation of the city code. It is not related to any specific
services.
Penalty Structure:
The current penalty structure for Animal Control Violations is separated into two (2)
distinct sections; based on the nature of the violation. The Animal Control code
identifies two (2) sections entitled Article I and Article II.
Violations of Article I are criminal violations, which means that the penalties include
the possibility of incarceration. This makes the violator subject to arrest by a police
officer, and it empowers a judge to make a determination relative to the punishment
of not more than $500 fine and/or 60 days imprisonment, or both. Examples of
violations under this article include an Attack or Bite by a Dangerous Dog, the
classification of a Dangerous Dog, Injuries caused by Animals, Cruelty to Animals,
and Interfering with an Animal Control Officer. Animal Control Officers have no
authority to make arrests. ,
Violations under the Article II are punishable through a fine structure starting with
$25 for a first offense, and rising to $2S0 for a third ~or subsequent offense. These
offenses are typically less serious offenses including Registration and Tag Required,
Impoundment fees, Running at large, Leashing, Damaging Property, and Disturbing
the Peace. Animal Control Officers may issue citations for violations under this
article.
This penalty structure was recommended by a citizen committee and adopted by the
City Commission in 1997. Whether or not to increase the fine structure is largely up
to the City Commission. Animal Control Staff members have not recommended an
increase for the basic fine structure.
Recommendations:
The following changes are recommended for implementation by the City Commission:
1. We recommend that third and subsequent violations of Article 2, be elevated to
include penalties of incarceration and/or fines. There are a small number of
animal owners who consistently violate the animal control laws, and they ignore
animal control citations. If the third offenses were elevated to criminal offenses,
AGENDA ITEM 3B
JULY 14, 2003
then these individuals would be compelled to address their offenses in front of a
judge. If they repeatedly ignore animal control citations, then they would
eventually be arrested.
2. We recommend raising the redemption fee for animals from $20 to $30. The
approximate cost for catching, impounding, and releasing an animal, is
approximately $30. If we simply recover the costs to the City of Atlantic Beach,
then we need to raise this fee to $30.
3. We recommend raising the redemption fee for any animal that has to be
tranquilized with chemical capture equipment, to $100. When an animal is
tranquilized, animal control staff members must use specialized equipment and
drugs for this purpose, and the City is required to provide veterinary services.
The cost for these services and supplies is estimated at $100.
4. We recommend raising the registration fee for dangerous dogs to $100,
renewable yearly. A dangerous dog requires a great deal of time from Animal
Control Officers, and the fee for the tag should be significant enough to help
defray some of the expenses.
5. We recommend that if a dangerous dog is impounded for running at-large, then
the redemption fee should be raised to $150, in addition to fees for the use of
tranquilizing equipment if used. These dogs present a hazard to animal control
officers and city property, and they require special accommodations. The
redemption fee should be raised to reflect this appropriately.
6. The City of Jacksonville requires owners to obtain liability insurance, and they
must maintain a $100,000 surety bond for the dog. We recommend that Atlantic
Beach add the same requirements for dangerous dogs.
7. We recommend the elimination of the Registration and Tagging requirements,
with the exception of a fee for the registration of dangerous dogs as discussed
above.
When this tagging requirement was implemented, it was largely due to the
inability of staff to identify the owner of an animal that might be picked up and/or
injured. However, the county tags that are presently issued allow animal control
staff to identify the owners 24 hours per day. There is no longer a need to issue
Atlantic Beach tags for identification purposes.
The fees for the tags are inexpensive ($5 for a permanent tag, $15 if the animal is
not spayed or neutered), and tags are accessible for non-residents as well as
residents. If their purpose is to generate revenue, then they are unsuccessful. It
probably costs more to process the tags and record the information than the
minimal fees will cover. If their purpose is to keep people from bringing their
dogs from other areas to Atlantic Beach, then they are unsuccessful. There are a
large number of people who have purchased tags so that their animals can enjoy
Atlantic Beach.
AGENDA ITEM 3B
JULY 14, 2003
8. We recommend a fine of $100 for dogs in heat and cats in heat. The purpose of
this is to address the overpopulation of stray animals in Atlantic Beach, and to
prevent other problems associated with these animals running at-large.
BUDGET: None
RECOMMENDATIONS: To authorize staff to make changes to the City Code consistent
with the recommendations contained in this report.
ATTACHII~NTS: Section 1-22 General Penalty; continuing violations
Chapter 4 of the City Code
REVIEWED BY CITY MANAGER:
AG A ITEM NUMBER:
•
Ilr
ATTACHMENT C -
JULY 14, 2003 COMMISSION 11'IEETING
•
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PENSION COMMITTEE REPORT AND [: ;COMMENDATIONS
JULY 14, 2003
BACKGROUND AND OBJECTIVES:
On October 14, 2002, the City Commission establishe~ci ~ Pension Review Committee
consisting of Commissioner Mike Borno and Pension l.s~~ard Member Ed Lipscomb to
review the benefits provided to City employees, speci E'ically: Should the City add a 30
year, any age, retirement option to the current General Employee retirement eligibility of
Age 60 with at least 5 years of service. The scope of thc: review was subsequently
expanded to include a broader evaluation of the empl~~y~~;e benefit packages as changes in
any one benefit may have a direct, or indirect, affect on other benefits.
The committee was not charged with recommending , i a iieans of reducing the current cost
of the existing benefit plans. Therefore, the focus was can identifying opportunities to
reallocate current costs to better achieve the objectives ~:~f the benefit plan (listed below).
In evaluating the existing benefit plans, the following ~;riteria were considered. These are
not in priority sequence.
1. Employee Retention -How important are each .:•f the benefit plan components to
employees and what is the current degree of s~rtisfaction of employees with the
existing program.
2. New Employee Recruiting - Do the individual. t omponents of the benefits plan
provide an effective tool for management to atti•~ict the level of talent needed and
compete effectively against other employers.
3. Workforce Behavior - Do the existing benefit programs contribute toward
aligning the economic interests of the city and il:~ employees in order to encourage
behavior which is in the best interest of both.
4. Current and anticipated changes or trends whicl~~. will influence the future ability
to deliver a current benefit.
The individual elements of the benefit plans for both ge~7era1 employees and police which
were evaluated by the committee included the followin; .
1. Pension
2. Employee Supplemental Investment
3. Health and Medical Insurance
4. Flexible Spending Accounts
5. Paid Time Off
6. Holidays
7. Life Insurance
8. Short Term Disability
9. Long Term Disability
10. Overtime Policy
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AGENDA ITEM SA
JULY 14, 2003
The above elements of the benefit package were evaluated with respect to the four criteria
of employee retention, employee recruiting, workforce behavior, and anticipated future
trends affecting the benefit.
Recommendations proposed are based upon six meetings of the committee and after
presentations of representative from Palmer & Cay consulting group and the Pension
Board attorney Bob Sugarman of Sugarman & Susskind. Recommendations bring
Atlantic Beach's benefit package more in line with those of other area employers, to
improve the City's ability to recruit and retain employees and better utilize funding
available for employee benefits. It is not intended for there to be either a significant
increase in the City's cost of benefits or an overall change in the amount of benefits
provided, but rather a shift to reflect the local market. Phasing in these changes is
recommended both to minimize any adverse effects on individual employees and to allow
for identifying funding sources available to the City.
PENSION PLANS:
The general employee pension plan is a generous benefit and is very rich by virtually
every measurement. It is a Defined Benefit plan which guarantees a certain payout. All
actuarial and investment risk is born by the city. With a multiplier of 2.85% per year of
service, an employee can, with 35 years and 1 month of service, retire with a city pension
of 100% of his last 5 year average compensation. The benefit payable to an employee is
capped at 100% of his last 5 year average compensation. Therefore, with a few long term
employees, they continue to pay into the pension plan with little to no increase in benefit
after 35 years.
In addition, employees are entitled to a social security benefit (50% funded by the city)
which provides a total retirement compensation potential well in excess of their final
compensation at the time of retirement. The plan calls for the employee to complete 5
years service before being vested within the retirement plan.
Employee Retention -The existing plan is highly valued by employees with significant
years of service and those with the knowledge and sophistication to understand to value
of the benefit provided
Employee Recruiting -City management does not believe that the pension plan is a
significant decision factor in the recruiting of new employees. The lack of portability in
the plan requires a commitment exceeding that generally contemplated by new hires. The
portability issues can be addressed in a defined contribution plan with a step vesting
schedule.
Workforce Behavior -The existing plan provides a strong incentive for an employee to
plan a lengthy career with the city. This can provides awin/win for city and employee as
it encourages continuity. It also can increase costs resulting from over-qualified
individuals remaining in positions that could be filled by lower cost new hires.
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AGENDA ITEM SA
JULY 14, 2003
Anticipated Trends -Over the coming years, it is expected that the actuarial tables that
determine in part the city's cost of the pension plan will be revised. This is to reflect the
increased life expectancy of retirees. This will increase the cost to the City as it will
anticipate a longer payment period for retirees. In addition to actuarial tables, investment
assumptions also drive the cost of the pension plan. If, as a result of investment
performance, there is a decrease in investment earnings assumptions, this could increase
the cost of the plan. On the other hand, an improvement in investment earnings could
reduce the cost of the plan.
Pension Plan Recommendations
a. General Employees:
(1) Retain the current Age 60 with 5 Years of Service (YOS) criteria for
retirement eligibility.
(2) Discontinue employee contribution of two percent (2%) once an employee
reaches their maximum accrual date (currently at 35 years and 1 month of
service).
(4) Establish a cost neutral s year Deferred Retirement Option Plan (DROP).
(5) Establish a Defined Contribution (DC) plan for all new employees while
retaining the Defined Benefit Plan for current employees.
Note:
A Defined Contribution (DC) plan is a plan where the contribution is defined
and the benefit is based upon the individual employee's account balance.
A Defined Benefit (DB) plan is a plan where the benefit is defined and the
contribution depends on the variables in order to fund the "promised" '-
benefit.
If a Defined Contribution Plan is not established for new employees:
(1) Increase the contribution rate for all employees.
(2) Decrease the multiplier for new employees to 2.5% (currently 2.85%).
b. Police Employees:
(1) Add additional benefit items as required by FS185 based upon receipt of
sufficient Section 185 funding.
(1) Retain the Defined Benefit plan. The City would lose State Section 185
funding ($85,719 received for 2001) if changed to a Defined Contribution
plan.
(2) Establish a cost neutral s year Deferred Retirement Option Plan (DROP).
(3) Increase the employee contribution rate for current employees by a one-
time employee salary increase.
(4) Increase the employee contribution rate for new employees.
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AGENDA ITEM SA
JULY 14, 2003
EMPLOYEE SUPPLEMENTAL INVESTMENT PLAN:
The it rovides an additional volunta retirement Tannin vehicle for individuals
C Y P rY P g
interested in accumulating additional retirement savings: This is similar to a traditional
401K plan and includes no city contribution other than the administrative cost of the plan.
Recommendation
No changes to the current voluntary employee ICMA 457 plan.
HEALTH AND MEDICAL INSURANCE:
The city currently provides HMO and PPO medical insurance plans either of which may
be selected at the option of the employee. The City currently pays 100% of the cost of
the employee coverage and a portion of the cost of dependent coverage. The coverage is
effective on the first day of the month following the official hire date. ~ The dependent
coverage contribution by the employee is based on historical dollar amounts and is no
longer commensurate with the total cost of the coverage.
As a result of recent claims experience and relatively small size of the insured employee
population, the premium rates are extremely high with the PPO exceeding the HMO in
cost.
Employee Retention -The existing plan is highly valued by existing employees and is
believed to be a key reason for the retention of employees.
Employee Recruiting -The current plan is a significant tool in attracting new employees
to work for the City. Management believes that it is sometimes the primary reason for an
employee seeking employment. The experience rating which has driven up the cost of
medical insurance to the City may well be evidence of that.
Work Force Behavior -The medical insurance plan provides options that allow access to
medical care and prescription drugs at minimal cost. The interests of both the employees
and City are served by maintaining a healthy workforce with minimal absenteeism. The
current plan provides two options including an HMO and a PPO plan. While the cost of
the PPO exceeds that of the HMO, the cost to the employee for employee only coverage
is the same -Zero.
Anticipated Trends -The annual escalation in medical insurance premiums has
significantly affected the cost of the employee benefit plan. Management believes that
there is a potential for cost reductions based on improved claims experience. However, it
is prudent to anticipate the potential that costs may stabilize briefly at their current level
and continue the trends seen over the past years. With no cost participation by the
employee, there is no incentive for an employee with other available coverage to decline
participation in the City funded plan in favor of another plan. If only healthy employees
•
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AGENDA ITEM SA
JULY 14, 2003
opted out because of alternate coverage, some of the benefit of reduced premiums maybe
lost.
Recommendation
There is the potential that the City of Jacksonville may allow the City employees to join
their plan. This has major implications and action on recommendations pertaining to
health insurance and related employee benefits (flexible spending accounts, life, vision
and dental insurance) should be delayed pending receipt of a decision from the City of
Jacksonville on a proposal to allow the City to join Jacksonville's health and benefit
plan(s). Recommendations are as follows:
a. Change effective date from the f rst day of the month following the month in
which an employee is hired to first day of the third month following the month
that the employee. is hired.
b. During future premium rate increases/decreases, adjust the percentage that the
City pays for employee only coverage with a goal of the City paying 90% of
the HMO employee only premium. This would discontinue the current policy
of the City paying more for an employee that selects the PPO plan over the
HMO plan and would also result in a cost share between employees and the
City for basic health insurance.
c. Change the percentage that the City pays for employees that select additional
insurance to be a standard percentage. Note: Currently the City pays 67.70%
percent of the difference for Employee/Family coverage, 70.69% of the ~'
difference for Employee/Spouse coverage and 76.70% of the difference for
Employee/Child(ren) coverage.
FLEXIBLE SPENDING ACCOUNTS:
The City provides the opportunity for employees to pay certain child care and health care
expenses out of pre-tax earnings. This program is consistent with the benefits provided
by many employers and is consistent with the objectives defined for the benefit plans in
terms of enhancing employee retention and recruiting. It is cost neutral to the City.
The City should publicize the benefits of the FSAs during the next open enrolment period
and hold group meetings with employees.
PAID TIME OFF:
The City has a program for paid time off that combines sick leave, vacation time and
personal Leave. Twice a year, the City pays employees for all leave that exceeds the
maximum accrual limit as established by the employee.
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AGENDA ITEM SA
JULY 14, 2003
Employee Retention/Recruiting -The current plan provides flexibility to employees to
utilize their paid time off as is appropriate for the individual circumstance. This is an
important benefit to employees and is well received by new hires.
Work Force Behavior -The current plan is beneficial to employees and the City in that it
allows the appropriate allocation of personal leave time to be defined by the employee.
The policy of paying employees for unused leave may have the result of discouraging
employees from taking leave. This may not be a good thing as it increases payroll
expense and reduces reliance on cross training to cover periods of leave time.
Recommendation
Consider modifying buy back policy to require taking a certain amount of leave. This
reduces cost except where absence is required to be covered by overtime and encourages
cross training.
LIFE INSURANCE:
The City's "one time annual salary" rounded up with a maximum of $50,000 life
insurance is an average to below average benefit. Most employers offer a basic benefit of
1'/2 to 2 times annual salary. ~ .
Employee Retention/Recruiting -While the current plan is somewhat below competing
plans, it is unlikely to adversely affect either retention or recruiting of employees.
Recommendation
Consideration should be given to increasing basic life insurance to 1 %2 to 2 times annual
salary upon identification of a source of funding.
SHORT TERM DISABILITY:
The City currently provides no short-term disability coverage. Employees may utilize
their personal time for this purpose or may receive contributed days off from other
employees.
Recommendation
An optional employee paid short-term disability insurance policy should be provided.
LONG TERM DISABILITY:
The City currently provides no long -Term disability coverage. Employees may utilize
their personal time for this purpose or may receive contributed days off from other
employees.
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AGENDA ITEM SA
JULY 14, 2003
Recommendation
' u ance is a valuable benefit and should be rovided u on
Long-term disability ms r p P
identification of a source of funding.
OVERTIME POLICY:
(a) General Employees:
(1) Overtime:
Change the current policy of paying overtime for all hours worked that
exceed the employee's normal scheduled workday to paying overtime in
accordance with the Fair Labor Standards Act for all hours worked that
exceed 40 hours in any 7 calendar work period.
(2) Hours Worked:
Change the current policy of considering all hours paid to the employee
(including holidays, personal leave and compensatory time) as hours
worked to considering only hours actually worked in determining
overtime.
(b) Police Employees:
(1) Overtime:
Change the current policy of paying overtime for all hours worked that
exceed the employee's normal schedule workday to paying overtime'in
accordance with the Fair Labor Standards Act for all hours worked that
exceed 80 hours in any 14 calendar work period.
(2) Hours Worked:
Change the current policy of considering all hours paid to the employee
(including holidays, personal leave and compensatory time) as hours
worked to considering only hours actually worked in determining
overtime.
EMPLOYEE BENEFIT STATEMENTS:
The City should enhance communication for benefits available, as well as their cost (on
an individual basis), to all employees by use of an Employee Benefit Statement.
Summarizing employee benefits and their related cost is considered a valuable method to
provide employees with a summary of benefits, as many employees do not know the
benefits that they receive or their related costs.
•
-7-
~T,, ^
ATTACHMENT D
JULY 14, 2003 COMMISSION MEETING
CITY OF ATLANTIC 1~EACH
CITY COMMISSION STA)<~ F REPORT
AGENDA ITEM: Request fora Use-by-Exceptions to allow automotive repair and
service in association with an existing used car lot (Neptune Auto
Sales, Inc.) for property within tl~e Commercial General (CG) Zoning
District located at 880 Mayport Road
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director ~~
DATE: June 25, 2003
BACKGROUND: This Use-by-Exception is requested to allow for the continuation of an
automotive repair business at Neptune Auto Sales located on Mayport Road. A Use-by-
Exception was approved to this applicant only for the operation of a used car sales business on
September 14, 1987. That Use-by-Exception, however, did not include any provision for
automotive repair, although the applicant states that auto repair was discussed during the course
of the meeting, and that it was assumed auto repair would be a part of the business.
(Unfortunately, one page of the minutes from that 1987 Commission meeting has been lost, and
only a record of the motion exists.) The repair business leas apparently evolved and grown over
the years since 1987.
The A licant wishes to ex and the terms of the Use-b -Exce tion to allow for continuation of
pp p Y P
automotive repair services. Staff recognizes that this business has been ongoing for many years;
however, there is no record of any approval or business licenses issued to this applicant, which
would have authorized automotive repair services to be performed. (Licenses were, however,
issued to two other individuals, who leased space to perform auto repair at this location between
1992 and 1996.)
The Community ,Development Board heard this request at the June 17th meeting, and
recommended approval of a temporary Use-by-Exceptions, which would allow this applicant to
continue automotive repair services until his current lean: on the property expires on December
07, 2004. The Community Development Board also included a condition that the applicant
clean-up the site.
RECOMMENDATION: Approve a temporary Use-by-Exception consistent with the
recommendation of the Community Development I~oard, allowing for continuation of
automotive repair services until December 07, 2004 acid requiring that the site be cleaned-
up.
BUDGET: No budget issues.
ATTACHMENTS: Minutes and staff report to Community Development Board and
supporting materials.
• ~ ~
RI;VII;WIrD BY CITY MANAGER:
-.._..
July 14, 2003 regular meeting
AGENDA ITEM 8A
NLY 14, 2003
Draft Minutes of June 17, 2003 Regular Meeting of Community Development Board
Page 3
5. Ncw Business
• ~ -2003-01 William Dukes. Re ucst for aUse-b -Exec tion to allow automotive
a. UBl/ a v n
repair and service in association with an existing used car lot (Neptune Auto Sales, Inc.)
for property within the Commercial General (CG) Zoning District and located at 880
Mayport Road.
Mr. William Dukes introduced himself as the President and Owner of Neptune Auto Sales. He
stated that he received a letter from the Code Enforcement Officer advising him that he was in
violation of the Code and the original Use-by-Exception for repairing vehicles. Mr. Dukes
advised that he went before the Community Development Board on August 14, 1987, to apply
for aUse-by-Exception. He further advised that after the request for an exception was
submitted, he realized that he was going to perform repairs. Mr. Dukes said his attorney, Joe
Glickstein, contacted the City of Atlantic Beach attorney who advised not to re-submit the
application but to mention it at the meeting. He stated that he did this, and the request was
approved .seventeen years ago. Mr. Dukes advised that he never received a copy of the
Community Development Minutes and a page from the City Commission Minutes was missing.
He further stated that he was applying for something that he thought he has been doing legally
for almost seventeen years.
Mr. Wolfson clarified that Mr. Dukes was asking for aUse-by-Exception to continue the work
.that he has been performing for the last seventeen years. Mr. Dukes advised that he has been
operating with a license for auto sales under Neptune Auto Sales. He said that he has repaired
vehicles for people who work for City Hall, city police and Fleet Landing. He stated that it was
not a secret that he was repairing vehicles, even his sign says automotive repair.
.-
Ms. Doerr advised that City staff had researched City files related to this property. She stated
that Mr. Dukes was correct, that there was a page missing from the City Commission Minutes.
She further stated that she has the Minutes of the Community Development Board of August 18,
1987, and the application was limited to a used car lot only. Ms. Doerr stated that there was no
discussion in the Community Development Board Minutes of automotive repair, and there was a
recommendation for approval for the used car lot at this location. She further stated that the
motion from the Minutes of the City Commission approved aUse-by-Exception only for a used
car lot, which was granted to Mr. Dukes only, and not the property. Ms. Doerr said that she
could not find any records with regard to automotive repair in the permits file. She did find,
however, that business licenses for automotive repair were issued between the years of 1992 and
1996 to two individuals who leased space from Mr. Dukes. Mr. Dukes stated he was sick during
these times and these people took care of his customers. Ms. Doerr advised that Mr. Dukes has
never had a license for auto repair, and the business licenses that were issued to him were for car
sales only.
Mr. Wolfson advised that there was no discussion of repair of vehicles in the Minutes of the
Community Development Board meeting. He stated that if there were going to be additional
uses with aUse-by-Exception, there are usually listed in the minutes. In addition, Mr. Wolfson
noted that page. 8 of the City Commission Minutes was missing which contained the discussion;
page 9 contained the motion made, seconded and approved to grant the Use-by-Exception for a
used car lot at 880 Mayport Road, that the Use-by-Exception be granted to Mr. William H.
Dukes and, not the property. Mr. Wolfson clarified with Mr. Dukes that, to his recollection, the
AGENDA ITEM 8A
JULY 14, 2003
Drajt Minutes ojJune 17, 2003 Regular Meeting of Community Development Board
Page 4
discussion of .automotive repairs occurred in page 8 of the minutes. Mr. Dukes stated that this
was correct. Mr. Wolfson asked Mr. Dukes what percentage of his business were automotive
repairs? Mr: Dukes responded fifty percent.
Ms. Doerr stated that this was a difficult issue, since this area of Mayport Road has long been
dominated by various automotive uses. At the same time, she stated that she felt that Mayport
Road was changing, and this type of use did not seem to reflect the direction that the Community
Development Board, the City Commission and others have expressed for where they would like
to see Mayport Road go in the future. She stated that every inch of this property was impervious,
so there was no real practical way to "pretty up" this property. However, Ms. Doerr stated that
this was Mr. Dukes' living, the City has allowed him to operate for a number of years without
taking any action, and the City had erroneously issued licenses to repair automobiles in the past.
Mr. Wolfson asked how long a business license was effective. Mrs. Doerr responded that they
are required to be renewed each year. She stated that the procedure currently in place requires
that every application for a business license to go through her department for verification of
proper zoning. She stated that she could not address how efficiently this was accomplished in
1992.
Mr. Burkhart asked why Mr. Dukes required his lessees to obtain business licenses when he had
never acquired a license for repairs. Mr. Dukes responded that this was for insurance purposes.
Mr. Wolfson asked Mr. Dukes why he had never applied for a business license to repair vehicles.
Mr. Dukes stated that he worked under the license of Neptune Auto Sales.
Mr. Frohwein asked Mr. Dukes if he owned this property. Mr. Dukes responded that h~ leased
the property.
Mr. Jenkins referred to staffs comments: "Automotive repair, particularly that which is
occurring outdoors within view of Mayport Road, would appear to be in conflict with ongoing
efforts to improve Mayport Road as well as inconsistent with the Commercial Corridor
Standards (Section 24-171), which were adopted in January of this year." Mr. Jenkins asked if
this was relevant to this discussion and was it required by the Code that the Community
Development Board consider these efforts. Ms. Doerr asked Mr. Jenkins if he was asking
whether or not there was express language in Chapter 24, other than the Corridor Standards,
describing plans for Mayport Road and what the Community Development Board's
responsibility to enforce those plans were. ~ Ms. Doerr responded that Mayport Road was
specifically addressed only within the new Corridor Standards of Chapter 24. She stated that
there has been policy expressed by the City Commission related to the future and redevelopment
of Mayport Road through their strategic planning process. This issue is a Commission priority.
Mr. Jenkins asked if they were supposed to make decisions based on the Commission's intent for
Mayport Road. Mr. Jacobson referred to Sec. 24-63 (d), which outlines criteria when reviewing
an application for aUse-by-Exception. Mr. Jacobson pointed sub-paragraph (3), "The potential
for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-
Exception being requested. Mr. Wolfson referred to Chapter 14, Sec. 14-20, Powers and Duties
of Community Development Board: The Community Development Board shall have the power,
duty, responsibility and authority to:
AGENDA ITEM 8A
JULY 14, 2003
Draft Minutes of June 17, 2003 Regular Meeting of Community Development Board
Page S
1. Make recommendations to City Commission for the physical, fiscal and aesthetic
development of the city;
2. exercise supervisory control over planning and land use within the city following the
standards established by the City Commission pertaining to such planning and/or use
regulation as contained in the ordinance for the City of Atlantic Beach, Florida;
3. and recommend to the City Commission proposed changes in land use regulation.
Mr. Jenkins asked Mr. Wolfson if it was his opinion that the answer to whether the board should
consider the Commission's intent was yes. Mr. Wolfson responded yes, that Chapter 14 sets
forth the establishment of the Board and Chapter 24 is the ordinance for the zoning.
Mr. Jenkins stated that he was not sure if the statement "...inconsistent with Commercial
Corridor Standards..." was. relevant to this case. Ms. Doerr stated that this property was
inconsistent with the requirements of the new standards. However, she said that there was no
requirement in those standards that property should be retrofitted; they are grandfathered, until
they make some change that is subject to the regulations. She stated that when she was
reviewing the application, she was hoping there was some way to mitigate the appearance by
buffering the landscaping. Mr. Jenkins stated that he was trying to determine if the intent of Sec.
24-71 was for new developments or new uses and, if so, that it was not applicable as a factor in
this situation. If it was applicable, he stated that there was a pretty clear inconsistency.
Discussion was held with regard to the clutter and undesirable appearance of the property. Mr.
Dukes agreed that the appearance of the business was undesirable. He said that he was trying to
make it more desirable, but he could not tear down the building and build a new one.
Mr. Frohwein asked the applicant if the.Board were to grant the Use-by-Exception for a duration
of time with contingencies of cleaning up the property with regard to clutter, how long would it
take him to move to a different location or to make the location more suitable. Mr. Frohwein
stated that he would like to see some consideration to allow the applicant reasonable time to
clean up his business and allow him to relocate his business to a more acceptable location. Mr.
Dukes responded that he would like to finish out his lease, which expires on December 07, 2004.
A motion was made by Mr. Frohwein, seconded by Mrs. Walker, to recommend to the City
Commission that this. Use-by-Exception for automotive repair be granted until December
07, 2004, to this applicant only, and as a condition of granting this Use-by Exception, that
the applicant clean up the site.
Mr. Wolfson asked Mr. Frohwein for clarification of "clean up the site." Mr. Frohwein
responded that he trusted the applicant. Mr. Burkhart asked if Mr. Frohwein was asking the
applicant to comply with staff s request that repair work be performed indoors. Mr. Frohwein
responded no. 1VIr. Jenkins stated that he felt that it was unreasonable to ask a tenant to make
substantial improvements to a property if he was only going to be there for 18 months.
Mr. Dukes asked if he could repair vehicles that he sells. Mr. Wolfson responded that he would
prefer that repairs be made at another location. Mr. Jacobson stated that he would like to see a
reduction in the amount of vehicular congestion at the site.
The vote was called and the motion passed by unanimous approval.
AGENDA ITEM 8A
JULY 14, 2003
r~
AGENDA ITEM S.a
S ~ , L~j' ,
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COMMUNITY DEVELOPMENT STAFF REPORT
June 17, 2003 Public Hearing
UBE-2003-01, William H. Dukes
•
•
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: June 10, 2003
Subject: ~ UBE-2003-01
Applicant: William H. Dukes
Neptune Auto Sales
880 Mayport Road
Atlantic Beach, Florida 32233
Requested Change: Request far aUse-by-Exception to allow heavy automotive repair
and service in association with an existing used car lot (Neptune
Auto Sales, Inc.) for property within the Commercial General (CG)
Zoning District.
Location: 880 Mayport Road
Existing Zoning: CG (Commercial General)
Future Land Use: CG (Commercial General)
Surrounding Zonin ;: CG, CL and CPO
Surrounding Land Use: Various commercial and some residential.
AGENDA ITEM 8A
JULY 14, 2003
STAFF COMMENTS
This Use-by-Exception is requested to allow for the continuation of an automotive !truck service
and repair business at Neptune Auto Sales located on Mayport Road. AUse-by-Exception was
approved to this Applicant for the operation of a used car sales business in September of 1.987.
That Use-by-Exception, however, did not include any provision for automotive repair. The
repair business has apparently evolved and grown over the years since 1987. (The limitations of
the previously approved Use-by-Exception were discovered during increased Code Enforcement
efforts related to Mayport Road improvement obj ectives, which have been ongoing over the past
year.)
The Applicant wishes to expand the terms.of the Use-by-Exception to allow for continuation of
heavy automotive repair services. Repair work is currently occurring outdoor under a metal
awning structure. This, and similar applications, present the Community Development Board
and the City Commission with difficult decisions. This area of Mayport Road has historically
contained a variety of automotive related businesses. Many of these businesses are older
facilities, but well=established businesses that serve the needs of the surrounding communities.
Further, most of these properties contain no pervious area whatsoever, and business activities
fully extend to the edge oftheright-of--way and lot lines, so there is limited opportunity to buffer
and landscape or create an enhanced aesthetic appearance.
Staff recognizes that this business has been ongoing for many years; however, there have been
no approvals or business licenses issued to this applicant, which would have authorized
automotive repair services to be performed. (Licenses were, however, issued to two other
individuals, who apparently leased space to perform auto repair at this location between 1992
and 1996.) Automotive repair, particularly that which is occurring outdoors within view of
Mayport Road, would appear to be in conflict with ongoing efforts to improve Mayport Road as
well as inconsistent with the Commercial Comdor Standards (Section 24-171), which were
adopted in January of this year.
Irfthe event that he Community Development Board considers a recommendation of approval
related to this application, Staff recommends a condition requiring that all business activities
occur within an enclosed building, and that all bay doors remain closed during business hours.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the request for aUse-by-Exception to allow automotive repair and service in
association with an existinb used car lot (Neptune Auto Sales, Inc.) for property within the
Commercial General (CG) Zoning District, and located at 880 Mayport Road, provided:
(Provide findings offact similar to the following.)
1. Approval of this Use-by-Exception is not in compliance with the requirements of Section
• 24-63, Zoning and Subdivision Regulations, and the requested use is of a more intense
nature than permitted by Section 24-111.
2
AGENDA ITEM 8A
JULY 14, 2003
•
2. The request is contrary to public interest and may be detrimental to the health, safety and
welfare of general public.
3. The proposed use is in conflict with the Section 24-171 of the Land Development
Regulations, which establishes Commercial Corridor Standards.
SUGGESTED ACTION TO RECOMMEND APPROVAL
t
•
The Community Development Board may consider a motion to recommend approval to the
City Commission of the request for aUse-by-Exception to allow automotive repair and service
in association with an existing used car lot (Neptune Auto Sales, Inc.) for property within the
Commercial General (CG) Zoning District, and located at 880 Mayport Road, subject to:
• All. equipment, materials, and business activities shall be maintained within an
enclosed buildinb, and work bay doors shall remain closed during business hours.
(Provide findings of fact similar to the following, and attach other conditions as may be
appropriate.)
1. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning and Subdivision and Land Development Regulations, and is also consistent with
Section 24-111 defining the Commercial General Zoning District.
2. The request is not contrary to public interest and is not detrimental to the health, safety and
welfare of general public. '
3. The proposed use is generally compatible with adjacent properties and other properties
within the surrounding area.
4. -The proposed use is consistent with the City's Comprehensive Plan and is consistent with the
Commercial General Future Land Use designation.
H:1PL.ANNINGIUSE-BY-EXCEPTION FILESIUBE-2003-O1 (Dukes)1Staff Report.Doc
3
AGENDA ITEM 8A
JULY 14, 2003
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AGENDA ITEM 8A
JULY 14, 2003
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AGENDA ITEM 8A
APPLICATION FOR RUSE-BY-EXCI~ ~ .. ~,,,~ ' ..
Ci of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 3 3'~-54?~
tY
Phone: (904) 247-5800 • FAX (904).247-5805 http://www/ci.atlantic-beach.fl.us Y
.. .....
Date QS % Z- O 3 File No.1~lJ~ 200 3'O ~ Receipt ' " ~' '" '
1. Applicant's Name W i 11 i a m H Duke s
Z. .Applicant's Address 12538 Long Lake Ct. Jacksonvil:le Fl, 32255-
3. Property Location 880 Mayport Road Atlant;c Beanh F1•~ 3 33
4. Property Appraiser's Real Estate Number ~ 9 •~ !3 9 _ 0-9 9 _ 3 Block No. 3 8• f 3 9 Lot Na. 1 ~ 1 ~
5. • Current Zoning Classification ('. f; _ 6. Comprehensive Plan Future Land Usc designation
7. RequestedUse-by-Exception o~,+~m~+; ~,~ Rg~~}~~ Fey' P~'ivat® et~~ped ,V®h~cle-s
8. Size of Parcel 1 5 0 x 1 0 5 _ 9. Utility Provider .! F A
10. Statement of facts and special reasons for requested Usc-by-Exception, which demonstrates compliance with Section
24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision. Regulations. Attach as Exhibit A.
(The attached guide may be used if desire. Please address each item, as appropriate to this request.)
11. Provide all of the following information:
a. Site Plan showing the Location of all structures, temporary and permanent, including setbacks, building
' height, number of stories and square footage, impervious surface area, and existing and/or proposed
driveways. Identify any existing structures and uses.
b. Proof of ownership (decd or certificate by lawyer or abstract company or title compan}~ that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owners} fo4~ applicant to
represent the owner for all purposes related to this application must be provided.
c. S ey an legal description of property sought to ezoned. (Attach as Exhibit B.)
d.~ equired umber of copies: Four (4), ex where iginal plans, photographs or documents,iarger than
11x17 in es are submitted. Please provi eight (8) co ies of any such original documents.
e. Appl' tion Fee (5250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WIT)3 THIS APPLICATION~,S•E~
Signature of owner(s) or authorized person if owner's authorization form is attached: ~ '"
.,. ~..
Printed or typed name(s): ~_'
Signature(s):
~~~ , 2 20a3
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING TIiIS APPLICATION '
Name: ul; 1 1; a m N p L kP ~ .
Mailing Address: 880 Mayport Road Atlantic Beach Fl. 32233
Phone: _ 241-5427 FAX241-5427 E-mail:
JULY 14, 2003
EXHIBIT A
The review of an application for aUse-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
,,; as~a-a-d--~n d W s s-~ Q~ h S -~ r e e d
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
Parking Spaces Far 50 Vehicles
3. The potential far any adverse impacts to adjoining properties and properties generally in the .area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
being requested. _
None
4. Refuse, dash collection and service areas, with particular reference to items (1) and (2) above;
• Same As Now
5. Utilities, with reference to locations, availability and compatibility;,
6. Ii`adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use.
None Needed
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.)
_Same Sign~As Now. No Changes Needed
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan. •
_Cnm ar tih1P
Other information you may wish to provide:
AGENDA ITEM 8A
JULY 14, 2003
•
•
EXHIBIT CP7
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1
•
AGENDA ITEM 8A
JULY 14, 2003
.~~•1-~J~1.
s J~• ~~. _ ~s~~I~
,.
~~
March 4, 2003
CITY OFATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5805
SUNCOM: 852-800
' http://ci.adantic-beach.fl.us
Mr. William H. Dukes, Jr
C/O Neptune Auto Sales, Inc
880 Mayport Rd
Atlantic Beach, FL 32233
Subject: Licensing and Zoning Ordinances
Ref: Chapter 20, Sec 20-52 Occupational License
Chapter 24; Sec 24-111(c) Commercial General Districts
Dear Mr. Dukes,
Fj~E ~OPy
This is to inform.you that the City of Atlantic Beach has received a complaint conceming your
business at 880 Mayport. Rd and that an investigation has been initiated by the Code Enforcement
Office. It has been reported that you, are permitting or are conducting an automotive repair
business independent from your used car sales/rental business. Your licensing with the City of
Atlantic Beach permits used vehicle sales/rentals only and not the repair of privately owned
vehicles. Any automotive repair business that is independent from your business would have to
receive aUse-By-Exception and be licerised through the City of Atlantic Beach. '
Should our investigation reveal that violations of City Code exist, the property owner, you, or any
person operating an automotive repair business can be held responsible. Furthermore you are '
reminded that violations of City Code can result in fines of up to $500.00 per day, per violation from
the Cody Enforcement Board ~ •
If you have questions conceming this not cation, I can be contacted at (904) 247-8855. For
information regarding Occupational Licensing requirements please contact the City Clerks Office at
(904) 247-5809/5821!5810), and for information pertaining to Use-By-Exception, please contact
our Zoning bepartment at (904) 247-5817.
ALEXANDER J.SHERRER
Code Enforcement Officer
C: Public Safety Director
City Clerk
Zoning Department
Ms. Emily A. Helow -Property Owner
•
COPY
p.~E~-DA~T.E1~~8A
JULY 14, 2003 '.
. APPLICATIDN FDR "USE SY EXCEPTION"
• ~7-31-87 . .
Date Filed:
• ~.
Name and Address of Dxner or Tenant in Possession of Premises
tors. Emily Haloes
' -----------------=----------..._---- ~ Phone
--- 11w2 Preston Place-- ..
---------{--- Works----------------
' ---------
----Jacksonville, Fla. 32205 904-396-o8oi
------------------- Home:------- '
Street address and legal description•of the premises as to which the "Use
by Exception" is requested:
BLK 38 Lot i BLK 39 •Lot i&2 .'
-------------------------------------------------------------------------
• Sec. H Atlantic Beach .
-------------------------------------------------------------------------
A description of the "Use by Exception" desired, xhich shall specifically
and particularly describe the type, character and extent of the prapoeed,
"Use by Exception"s •
To be used for buying and selling of Automobiles as a used car lot.
Specific reasons xhy the applicant feels the request should he•granteds
Cood locat on for car lot. Fxonts on Mayport Rd., With easy entrance do exit.
____,~{as_ex~~~gg tniilding,, Adeguate ~,?.ved Parking area for cars and customers____ _ ,
benifit.
____ Adeguate outside lighting, and ibr~rher related b45Sne5s ti-'if 1 '
Zoning Claseification:___ CG Commerical Gener~.l
• .~.
. ~
Signature of applicant/ plicant'e 5lgnat- a of owner•of the property.
authorized agent or attorney. If Application cannot be 'processed
agent or attorney, include letter •.'xithout owners signature.
from applicant to that effect.
'~ Applicant: Do not fill-in•beyond this point. Hoxever, be re ared to
P P
respond to the folloxing items:
AGENDA ITEM 8A .
JULY 14, 2003
~~ Nzx~
Mn~T~s
SEPTEMBEE i4, 7
11B CDnII~iaued
'.lotion: Approve the Ilse by Exception for a IIse by Eacepta.on for a
~ ~ used car lot at 880 Maypost Ed. The IIse by Exceptian•b e
granted to Ins. William E. Dukes, and not the property.
iIo discussion be£are the vote. l~iotinn carried unanimous3.y.
12. Action oa•Resalutions:
A. Resolution No. 87-3i
kiayor Howell presented is full, in writing Resolution No. 87-31,'a
Resolution making budget transfer to provide for funds to be expended
is relation to land being condemned for beach access.
Motion: Passage~of Resolution No. 87-31. .
Copy of Resolution No. B7-31•attached hereto and made a
pa_-t thereof. •,
Following discussion, the question was cali.ed and the mota.on carried
with a three to two vote. Commissioners Gulliford and Morris voted nay
~. Action on ordinances:
A. Ordinance h'o_ 8Q-8735 -First Reading
AN ORDINANCE AMENDING THE ORD=I~`ADTCE CODE OF THE CZT° OF ATLANTIC BEACH
FLORIDA; AMENDING CHAPTER 22, .ARTICLE IZI; DTVZSION 7, SECTION 22-169,
COtdNECTION FEES, TO PROVIDE FOE CHARG"S ZN MAKING CONNECTIODIS TO THE
SEA SYSTEM WHE1I TNSTAIS.ArION IS P'EFtFORMID BY THE CITY; PROVT_DING AN
1
EFFECTIVE DATE.
Said Ordinance was presented is fu11, in writing on fa.rst reading by
~5ayor Howell. .
Motion: Passage of Ordinance No. 80-87-35 ou fist reading.
Follow-..sig discussion before the vote, the question.was called, and the
motion carded. tm~_imously. Mayor Howell. set the Public Hearing for
September 28, 1987.
B. Qrdinaace No. 5-87-I9 -First Reading
^ AN ORDINANCE A2D'2IDS23G • THE ORDINANCE CODE OF THE CITY OF A't'T.arrr~rC BEACH
FLORIDA; AMENDING c~awrF~ 2, ARTICLE VII, FIZIANCE DIV=SION 4, SECTION
2-368 TO PROVIDE FEES AND CSAR,GES FOR P0L2CE DEPAR'r!~N'r RECORDS EEPOET
~VIDING AIQ EFFECTIVy DATE. .
xAME of
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~' . ^
ATTACIIA'IENT E -
JULY 14, 2003 COMMISSION &IEETING
CITY OF ATLANTIC ~:CACH
CITY COMMISSION STAFIF REPORT
AGENDA ITEM: Request by Bestcon, Inc. to use a portion of the unopened West 14th
Street right-of-way to construct a landscaped walkway, a wooden
pedestrian bridge and platform to provided access to a creek connecting
to the Intracoastal Waterway.
SUBMITTED BY: Sonya Doerr, AICP, Community Dei•elopment Director ~~
DATE: June 25, 2003
BACKGROUND: Bestcon, Inc. has requested permission to use the westernmost portion of the
unopened West 14th Street right-of--way to allow residents of the adjoining Hidden Paradise
subdivision to have access to a narrow creek (or ditch) that connects to the Intracoastal Waterway.
Bestcon proposes to construct a small wooden pedestrian bridge that will cross the drainage .ditch,
and a pathway that will connect to a platform that could be used for fishing or to launch canoes or
kayaks. This location is adjacent to the recreation tract within the Hidden Paradise subdivision. The
Homeowner's Association will maintain the walkway, the platform and 'the bridge, and these
facilities will be available for use by the general public.
The City would retain all rights to the right-of--way, and Bestcon would coordinate with the Public
Works Department so that the bridge would not interfere with any drainage function or maintenance
of the ditch. Staff supports this request, which is consiste~it with-the Recreation and Open Space
element of the Comprehensive Plan, as well as identified EF.R-amendments (see attached) related to
access to marsh areas and the Intracoastal Waterway.
RECOMMENDATION: Approve a _right-of--way use permit to Bestcon, Inc. to allow
construction, as generally depicted within the attached site plan, of a wooden pedestrian bridge
and platform, connected by a natural landscaped pathway, to be located within an unopened
portion of the West 14th Street right-of--way, subject to:
1. the wooden pedestrian bridge and platform, and the natural landscaped pathway,
shall be maintained in good condition by the Hidden Paradise Homeowner's
Association, and the Applicant andlor Homeowner's Association shall assume
liability for and enter into a hold harmless agreement with the City prior to
construction of these facilities;
2. the platform shall be removable in order that the ditch may be maintained with the
City's walking excavator. The Homeowner's Association will be responsible for the
prompt removal of the structure with 24 hours notice of scheduled maintenance;
3. these facilities shall not be restricted from use by the general public, and the City of
Atlantic Beach shall retain all rights as dedicated and shown on the map of the
Section "H" subdivision as recorded in O.R. Plat Book 18, Pagc 34; and
July 14, 2003 regular meeting
AGENDA ITEM 8C
JULY 14, 2003
4. Bestcon, Inc. shall receive approval from the Department of Public Works, including
provision for continued access to and maintenance of the West 14th Street drainage
ditch prior to construction of these facilities.
BUDGET: No budget issues.
•
ATTACHMENTS: Letter from Paul Nichols with Bestcon, Inc., proposed site plan, and excerpt
from EAR Recreation and Open Spec element.
REVIEWED BY CITY MANAGER:
,~
•
2
AGENDA ITEM 8C
JULY 14, 2003
June 10, 2003
Ms. Sonya Doerr
Planning and Zoning Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233-5445
Dear Sonya,
I would like to apply for a public use permit of a portion of the
western most section of the 14a` Street right of way, adjacent to our
Hidden Paradise subdivision.
Upon issuance of this permit, it is my intention.to have my
company, BESTCON, Inc. construct a walkway to be used by the
public (and maintained by the Hidden Paradise Homeowners
Association) to cross the drainage ditch and access a platform that
is connected to the crossing with a landscaped walkway according
to the survey attached.
It is well known by BESTCON, Inc. that the public works
department of Atlantic Beach periodically maintains the ditch. The
design of the crossing (which in all likelihood will be removable)
will be done with the approval of Mr. Bob Kosoy, and his staff.
Members of the Hidden Paradise Homeowners Association will
primarily use this crossing, walkway and platform. The public at
large will not be precluded from use of it.
Sincerely yours,
Paul W. Nichols
President
IACNSONVIIIE'S IN-flll BBItBEN!
AGENDA ITEM 8C
JULY 14, 2003
EXHIBIT A EAR Revision as adopted by
Recreation and Open Space Element Resolution 03-03, February 24, 2003
K. Financial Feasibility of Implementation
The City recognizes that the maintenance of parks and recreation facilities,
both natural and constructed, as well as the high level of services and
programs, will continue to be a significant element of the City budget. At this
time, there are rio anticipated financial constraints associated with this
element, and continued support of the goals, objectives and policies of this
element is expected to remain a priority for .the City of Atlantic Beach.
Several recreation projects are included in the Half-Cent Sales Tax Fund
discretionary list for potential funding.
L. Anticipated Plan Amendments
• Substantive amendments to this element are. not anticipated; although data
provided within the tables will be updated, as will be objectives and policies,
where appropriate. LOS standards will be established in the Capital
Improvements Element of the Comprehensive Plan.
• The addition of policies; which support parallel policies of the Conservation
and Coastal Management Element, specifically related to access to the
beach, marsh and Intracoastal Waterway are anticipated.
• Policies related. to the protection of new open space and recreational facilities,
such as the Dutton Island Preserve and Tideviews Park and the Adele Grage
Community Center are anticipated. ~~
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~~I
MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD AT 6:00 P.M. ON MONDAY, JULY 14, 2003.
Present: John S. Meserve, Mayor
Mike Borno, Commissioner
Paul Parsons, Commissioner
J. Dezmond Waters, III, Commissioner
Richard Beaver, Mayor Pro Tem
Also: Jim Hanson, City Manager
Alan Jensen, City Attorney
George Foster, Iduman Resources Manager and Union Negotiator
The Mayor called the meeting to order and explained that the meeting was being held for the purpose
ofdiscussing union negotiations and that, pursuant to Florida law, such discussions were not opento
the public. The meeting convened to the shade at 6:00 p.m.
Following the discussions the meeting convened to the sunshine at 7:15 p.m. There being no further
business to come before the City Commission, on motion, second nd unanimous vote, the meeting
adjourned at 7:17 p.m.
. MESERVE
a or/P siding Officer
ATTEST:
~~~
Maureen King
Certified Municipal Clerk
•
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
WORKSHOP MEETING
5:00 P.M. -MONDAY, JULY 14, 2003
AGENDA
~'
Call to order
1. Discussion of proposed projects to be funded from half-cent sales taY revenues
Adjournment
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to attend this meeting should contact the City Clerk.
•
MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN ATLANTIC
BEACH COMMISSION CHAMBERS ON MONDAY, JULY 14, 2003.
Present: John S. Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno, Commissioner
Paul Parsons, Corrunissioner
J. Dezmond Waters, III, Commissioner
Also: aim Hanson, City Manager
Bob Kosoy, Public Works Director
Donna Kaluzniak, Utilities Director
David Thompson, Public Safety Director
Nelson VanLiere, Finance Director
Maureen King, City Clerk
The Mayor called the meeting to order at 6:00 p.m.
1. Discussion of proposed projects to be funded from half-cent sales tax revenues
The Mayor said the City Commission needed to prioritize the projects and decide where the funds
should spent, but he did not want to obligate the funds in such a way that future Commissions would
not have some flexibility in the use of these revenues.
The City Manager presented a list of proposed projects for the City Commission to consider and
come up with a short list. A copy ofthis list is attached as Exhibit A. He explained that some ofthe
projects were already budgeted and while all the projects were worth-while, they could not all be
funded immediately and he suggested the City Commission consider the projects and decide which
should be funded in the short term and which should be long range projects.
Nelson VanLiere presented an overview of the current and projected half-cent sales tax revenues
available to Atlantic Beach through the Better Jacksonville Program. He noted that some projects
could be funded from other revenue sources such as bed tax funds. He provided various options for
funding the projects and outlined the advantages and disadvantages of each. A copy of Mr.
VanLiere's presentation is attached as Exhibit B.
Discussion ensued and most Commissioners expressed a preference for the "pay-as-you-go"option.
The various projects were discussed following which it was the consensus ofthe City Commissioneo
fund additional park security measures, Mayport Road medians, Welcome to Atlantic Beach sign with
landscaping on Atlantic Boulevard, budget half the estimated cost of the skate park and hope to get
grant funds for half the cost, City Hall expansion, and bike paths/sidewalks on Seminole Road and
Plaza, and fund portions of the Hopkins Creek from the general fund.
Exhibit A
Workshop Minutes - Juty 14, 2003
•
•
List of Possible Expenditures for 1/2 Cent Sales Tax Funds
Estimated Be inning Balance 1011/03 $542,000
Estimated Revenues FY'04 $535,500
Total Funds Available; FY 03-04 $1,077,500
Possible Pro'ects
Bike Paths on Seminole, Plaza $217,650
* Cit Hal( Ex ansion $250,000
* Historical Museum $25,0001 ear for 5 ears $125,000
* Ho kins Creek Storm Drains a Pro'ect $1,825,000
"` Ma ort Rd. Medians $235,000
~' Public Art $15,000
* Securit S stems; Tideviews, Dutton, Plants $90,000
"` Sewer Main Extensions; Marsh Oaks $450,000
~` Sidewalk on 11th St. $33,000
* Skateboard Park $150,000
~' Storm Water Master Plan 10- ear ro'ects ~ $3,100,000
'~ Recreation Center $1,000,000
* Water Main Extensions: Marsh Oaks $380,000
'~ Welcome Si n/ Landsca in on Atlantic Blvd. 112 $18,800
Page Two
Minutes -City Commission Workshop
July 14, 2003
Commissioner Parsons requested that funds be allocated for public art and it was suggested that he
meet with the Cultural Arts & Recreation Advisory Committee to come up with a plan for placing
public art and then funding could be considered. Commissioner Parsons also inquired about the
modifications to the U.S. Post Office and the City Manager reported that funding was already in
place to pay for the modifications to Plaza. The Post Office had agreed to pay for the modifications
to their property and he expected to hear further from them when their funding had been secured.
Discussion ensued regarding the installation of additional water lines in Marsh Oaks and it was agreed
that water lines that were laid in the current rights-of--way might have to be relocated when the
property is developed.
Discussion ensued regarding increased security at the City's parks and the City Manager said that
staffwould present a report and recommendations at the regular meeting to follow.
Discussion ensued regarding the installation of sidewallcs on 11`h Street and it was agreed that a
workshop meeting should be held to communicate the City's intentions with the residents of 11 `h
Street and to receive their input.
There being no further discussion, the Mayor declared the meeting adjourned at 6:00 p.m.
Maureen King, CMC
City Clerk
~J
1Jxhibit S
Workshop Minutes -July 14, 2003
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