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12-09-02 v
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH . CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, DECEMBER 9, 2002 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of November 25, 2002 Motion: Approve the minutes of the Regular Commission Meeting of November 25, 2002 as presented. 2. Courtesy of the Floor to Visitors A. Nancy Kilgo, Jacksonville Electric Authority Nancy Kilgo, Director of Local Legislative Affairs and Economic Development for the Jacksonville Electric Authority (JEA), stated they had planned to close and consolidate several smaller offices into a larger full- service facility, with extended hours, to be .located on Beach Boulevard near St. Johns Bluff. She indicated that since the announcement of their plans was made, they have received numerous expressions of concern regarding the closing of the Sailfish Drive office and were re-evaluating their options. Mayor Meserve stated that he had written a letter to the JEA and expressed concern that beach residents would have to drive twelve miles to the new office. It was pointed out that the Sailfish Drive office handled approximately 7,500 transactions per month. A brief discussion of the options ensued. Ms. Kilgo apologized for the lack of prior notification concerning the closing of the office and assured the Commissioners that the JEA would keep the lines of communication open as the various options were evaluated. V V O Q T T E E s S M S O E T C I O Y O N E N N D S f? COMMISSIONERS BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -2- December 9, 2002 Stephen Kuti of 1132 Linkside Drive stated that he was not opposed to skateboard parks, but was concerned about potential lawsuits. He urged the Commissioners to carefully consider the liability issue when making their decision. Mr. Kuti was opposed to the city taking over water and sewer services for Mayport Naval Station (Item 8B) due to the potential for having to handle and dispose of hazardous materials, which is very costly. Carson Merry Baillie of 1923 Beach Avenue complimented the City Commission on Bull Park playground area and the Adele Gr_age Cultural Center renovations. George Maida of 884 East Coast Drive felt it would be more convenient for both parties to have a longer contract and requested consideration for an extension of the Atlantic Beach Experimental Theater (ABET) contract from one year to ten years (Item 8C). 3. Unfinished Business from Previous Meetings A. City Manager's Follow Up Report on Issues from Previous -°°"'~ Meetings City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment A. Trim All Contract Reported that the City of Neptune Beach agreed with the proposed extension of the contract and would reimburse the city for their portion of the Mayport Road flyover landscaping maintenance (Item 4B). Maintenance of the New Mayport Road Retention Pond Discussion of maintenance of the new Mayport Road retention pond ensued. It was the consensus of the Commission to negotiate with the FDOT to include the retention pond in the city's maintenance agreement. It was felt this would. be the only way to keep the pond up to city standards. 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Building, Occupational Licenses, Public Safety and Public Works Departments ,., B. Approve extension of Trim all contract for landscape maintenance of Atlantic Boulevard medians, Town Center and OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- December 9, 2002 Mayport Road flyover landscaped areas at an annual cost of ~~. $35,760 (Bid No. 0001-5) (City Manager) Motion: Approve Consent Agenda Items A & B as presented. Commissioner Waters felt the palms in the Atlantic Boulevard medians had been trimmed too severely and asked Commissioner Beaver for°his opinion. Commissioner Beaver agreed and stated that it would be better to use a 9-3 cut when trimming the trees. The motion carried unanimously. 5. Committee Reports: A. Report from Tree Conservation Board -Barbara Mears Barbara Mears, spokesperson for the Tree Conservation Board, briefly outlined the duties of the Board and indicated that the Board reviewed ninety-seven applications during the past year. Ms. Mears reported that there was $38,000 in the tree fund, and the Board ~""`~ was searching for a landscape architect to advise them concerning appropriate species for planting in various areas of the city. She further indicated that the Board was pleased that a historical tree ordinance had been established and stated that the Board was working to create a new application form and: to identify "specimen" trees in the city. Ms. Mears reported that Crepe Myrtles were no longer being accepted for mitigation. The Mayor and Commissioners thanked the Board Members for their service and suggested they look into some way to prevent clear cutting of lots or removal of large trees, like those recently removed from McDonalds. Commissioner Borno felt a construction permit should. not be issued until the tree permit was obtained and suggested levying fines of $50,000 if trees are removed without a permit. Commissioner Waters suggested the board consider fines and banning developers from doing future development in the city if they violate the tree ordinance. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -4- December 9, 2002 A. Ordinance No. 5-02-40 Public Hearing and Final Reading. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 1, GENERALLY, SECTION 2-226, HOLIDAY SCHEDULE, TO ADD CHRISTMAS EVE, DECEMBER, 24TH, AS A HOLIDAY (City Commission) Motion: Approve Ordinance No. 5-02-40 on final reading. Mayor Meserve opened the floor. for a public hearing. No one wished to speak and the public hearing was closed. Commissioner Waters commented that granting Christmas Eve gave employees two weeks of paid holidays, which he felt was very generous. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Board/Committee Appointments Cultural Arts & Recreation Committee (1) ~" Community Development Board (1) Mayor Meserve nominated Steve Piscitelli for appointment to the Cultural Arts and Recreation Committee and nominated Bob Frohwein for reappoint to a further four-year term on the Community Development Board. Motion: Appoint Steve Piscitelli to the Cultural Arts and Recreation Committee and reappoint Bob Frohwein to a -four-year term on the Community Development Board. There was no discussion and the motion carried unanimously. B. Award contract to Gannett Fleming in the amount of $124,365 for technical proposal and price proposal preparation for privatization of water and sewer for Mayport Naval Station and authorize the City Manager to sign the contract documents (City Manager) Motion: Award contract to Gannett Fleming in the amount of $124,365 for technical proposal and price proposal preparation for privatization of water and sewer for Mayport Naval Station and authorize the City Manager to sign the contract documents. ~,. Mayor Meserve felt. that due to its location, the City of Atlantic Beach was the natural entity to provide the water and sewer service to the Navy base. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X PARSONS. X WATERS X X MESERVE X BEAVER X BORNO X PARSONS X WATERS X X MESERVE X X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X M S Minutes Page -5- o E December 9, 2002 T c I O Y O N E N ,,,,,,~„ .There waS ri0 discussion and the motlOri Carried Urian1mOUSly. COMMISSIONERS N D S O C. Approve contracts with Atlantic Beach Athletic Association, Atlantic Beach Experimental Theater (ABET) and Tennis Instructor Sandra Phillips for use of city facilities and authorize the City Manager to sign the contract documents (City Manager). BEAVER X Motion: Approve contracts with Atlantic Beach Athletic BoRNO x x Association, Atlantic Beach Experimental Theater (ABET) and PARSONS x Tennis Instructor Sandra Phillips for use of city facilities and WATERS x x authorize the City Manager to sign the contract documents. MES°ERVE X Discussion ensued concerning a longer contract for ABET and Mayor Meserve suggested a-three year contract. BEAVER x x BORNO X x Amendment to the motion: Approve a three year contract for PARSONS X ABET. WATERS X MESERVE x Discussion ensued concerning revisions to the contract during the three- yearperiod. City Manager Hanson suggested including a clause in the contract to allow an annual review and revisions, if needed. ., There was no further discussion and the amendment to the motion and main motion carried unanimously. D. Waive the City Code and approve the donation of eligible bicycles from the Police Department to charitable organizations for distribution to needy children (City Manager) Motion: Waive the City Code and approve the donation of BEAVER X X eligible bicycles from the Police Department to charitable BORNO PARSONS x x X organizations for distribution to needy children. WATERS x MESERVE X Chief Thompson reported that between fifty and seventy bicycles would be donated to charitable organizations. There was no discussion and the motion carried unanimously. E. Discussion and related action regarding proposed ordinance to amend utility service charges (City Manager) City Manager Hanson explained that the utility service charges had not been increased since 1992 and referenced a Staff Report prepared by Finance Director VanLiere indicating the new charges, which will allow -the city to break even on the services provided. The staff report dated Minutes Page -6- December 9, 2002 November 27, 2002 is attached and made part of this official record as Attachment B. Commissioner Beaver felt the proposed charge of $20.00 for customer requested re-reads was too- high. City Manager Hanson explained that if the city was found in error, there would be no charge. Motion: Place Ordinance No. 80-02-66 on the agenda of the January 13, 2D03 Commission Meeting for first reading. There was no further discussion and the motion carried unanimously 9. City Manager City Manager's Report City Manager Hanson briefly reviewed the following items of his written report: Christmas Lights Explained that no lights were installed on Atlantic Boulevard between °`"` Seminole Road and Town Center because the poles were too close to the road and installation of the decorations- could have caused a traffic hazard. Consideration will be given next year to installing the decorations on the opposite side of the pole.. Polymer for Wastewater Treatment CityManager Hanson explained the problems and increased costs associated with using the polymer supplied by the low bidder, Ondeo Nalco. Hefurther explained that the city had worked with the company, but the continued use of the product caused upsets of the biological treatment process. City Manager Hanson suggested that the city consider the polymer provided by I;eachem, Inc. to be a sole source product exempt from the bid process so the city could go back to using their product, since Leachem's polymer had been used for a number of years with no adverse effects. There were no objections to the suggestion. Recreation Fee Schedule The City Manager referenced a schedule of recreation fees and suggested .. that an ordinance be drafted to incorporate the charges into the city code. OMMISSIONERS M O T I O N S E C -0 N D Y E S N O BEAVER X BORNO X X PARSONS. X X WATERS X MESERVE X Minutes. Page -7- December 9, 2002 In addition to the written report, City Manager Hanson commented on the s following items: Joint Beach Utility Study The City Manager reported that the other beach cities had approved the study and each city would pay one-third of the costs. Joint utility billing and meter reading will be studied. Welcome Sign City Manager Hanson stated that to resolve the problem of placement of the sign, it had been suggested that a joint "Welcome" sign be.placed in the triangle on the Neptune Beach side of the flyover. He indicated that Tat Chan was working on a design of the sign and it would be presented at a future Commission Meeting. Rental Fee for Use of City Owned Property ax a Parking Lot City Manager Hanson suggested charging $500.00 per month rental fee, to be split between two businesses located on West l st Street, that are using city property for parking. City Manager Hanson indicated that he would =~ negotiate a rental fee agreement with the businesses and bring it back at a future meeting for Commission consideration. There were no objections. Workshop Meeting City Manager Hanson stated that he would like to schedule a workshop meeting for 5:00 p.m. on January 13, 2003 to discuss CDM's Stormwater Report concerning Aquatic Drive drainage area and the completed Water/Sewer Rate Study. There were no objections to holding the workshop prior to the next regular meeting. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters • Inquired if the city had tried to make the less expensive polymer work. Utility Director Kaluzniak indicated that the city had tried. various things to make it work, but it continued to inset the biological treatment process of the plant and caused additional operating costs. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -8- December 9, 2002 Commissioner Beaver ~„. • Suggested that the city amend its palm tree trimming specifications to a 9-3 cut and to remove the seed pods. • Commended the Core City Project contractor and his employees for the courteous and professional manner in which they. are conducting the project. • Reminded everyone of the opening of the Adele Grage Cultural Center on Thursday, December 12th at 6:00 p.m. and commended the architect and contractor for their work on the project. Commissioner Borno • Inquired if the Historic Home Survey had been completed in Atlantic Beach and was advised it had not been completed. • Reported that two streetlights were out on Seminole Road and inquired concerning the procedure to report them. Chief Thompson stated that Police Department does monthly surveys of the lights and reports its findings to the JEA. • Inquired concerning the rights-of--way measurements for the drainage- ditches in Aquatic Gardens subdivision. • Inquired if someone had responded to Mr. Storn's letter regarding a construction project near his home. City Manager Hanson indicated that Building Official Ford had responded to Mr. Storn. • Volunteered to work with the City of Jacksonville an the upcoming beach renourishment project. • Reported he would miss the-next Commission Meeting as he will be in Japan. Commissioner Waters • Requested a map of the Aquatic Gardens area drainage basin, and stated that he needed the map to better understand how the system works. • Inquired if trimming the palm trees could be timed to leave the fruit on the trees a little longer than in the past. Commissioner A Beaver stated that it was possible to do so. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -9- December 9, 2002 „ Mayor Meserve • Reported the final meeting on the Kennedy overhaul would be held on Wednesday morning at 9:30 a.m. in the Commission Chambers. He stated that the stacking lane for Gate 5 to the base was completed, and traffic problem caused by the traffic light sequencing on Mayport Road was being addressed, but remained a problem. Mayor Meserve further reported that when the overhaul project begins, 2,000-2,500. extra vehicles would be using Mayport Road, and all options. to handle the increased traffic are being considered. Commissioner Parsons • Provided information concerning proposed new bus routes, which might help alleviate some of the traffic problems. He further stated that Gate 7 would be opened and additional parking spaces were being sought from the City of Atlantic Beach. Discussion of the potential- traffic problems ensued. City Manager Hanson indicated that he had offered the use of the Wastewater Treatment Plant #4 parking lot. Commissioner Waters • Felt an ordinance should be drafted requiring that property be replatted before allowing it to be split up. • Felt the State Legislature should do more to protect municipalities relative to skateboard park liability. There being no further discussion or business to Commission, the Mayor declared the meetin~asc Attest: 4~LZt.~c~i.~ Maureen. King Certified Municipal Cle' before the City ;d at 8:40 p.m. OMMISSIONERS M O T I O N S E C O N D Y E S N O ATTACHMENT A DECEMBER 9, 2002 COMMISSION MEETING December 2, 2002 MEMORANDUM TO: The Honorable Mayor and Members of the City S,pmmission FROM: Jim SUBJECT: Follow- Contract Extension for Landscape Maintenance with Trim-All; Commissioners requested the staff to look into the possibility of extending the current contract for landscape maintenance with Trim-All Lawn Service, Inc. as opposed to re-bidding the contract in January because of the good quality of work that they had done on the Atlantic Boulevard medians in Town Center area. Trim-All has agreed to a contract extension, which is on the agenda for Corrunission approval on December 9, 2002. The City Manager of Neptune Beach has .concurred with the extension rather than re-bidding of the contract because of the good job that the company has done. Maintenance of New Mavport Road Retention Pond; City Commission requested staff to check with the JTA to fmd what plans they had for the maintenance of the new retention pond being constructed on the east side of Mayport Road just south of the Best Western Motel. Per Jack Gabriel of the JTA, the maintenance responsibility for this pond will be turned over to the FDOT when the construction is complete. As far as he knows, the only maintenance that the FDOT would do to the pond would be to mow the grass and spray for aquatic weeds. City staff estimates that the cost to Atlantic Beach to maintain this pond would be $5,700 per year. This includes by-weekly mowing and spraying the pond. There is no .irrigation system proposed for this pond. The staff has also estimated, based on other FDOT maintenance costs, that the avoided costs for the state to maintain the pond would be approximately $2,000 per year. If this were to be included in the City's maintenance agreement with the FDOT, then the estimated net cost to the City (above the amount received from the FDOT) would be $3,700 per year. Is it the Commission's desire to negotiate with the FDOT to include this pond in the City's maintenance agreement? Elevated Store Tank Bids; When a report was presented,to the City Commission on- November 11 concerning the high bids received for. moving an elevated storage tank from Kissimmee to Atlantic Beach, Commissioners asked staff to contact some of the tank companies directly to find if the cost could be lowered by preparation of more complete specifications. Staff first called the Vice Mayor of the City of Kissimmee who agreed to extend the timetable for removal ofthe tank for "a few months" to give Atlantic Beach more time to rebid the project. Also, discussions with some of the water tank companies have indicated. their belief that bids ` would be lower if the City had plans and specifications prepared for the job. The City is now AGENDA ITEM #3A DECEMBER 9, 2002 having a consultant prepare a preliminary design adequate for the bidding at a cost of -~ approximately $6,000. Once this design is complete, a bid invitation will be reissued and prices are expected by mid-January. Raising of Sidewalks on East Coast Drive and Donner Road; A request was made by a Commissioner for staff to consider whether the sidewalks on East Coast Drive and Donner Road could be raised to provide some separation between pedestrians and vehicular traffic. Staff is presently working with the Core City contractor (Petticoat) to determine if it is possible to re-establish the original grade of East Coast Drive adjacent to the sidewalks. Apparently, the road has been filled in with asphalt since its original construction. Raising the sidewalk may create some drainage problems, which would involve additional construction money to mitigate. Donner Road is a more complicated problem. There are many existing utility lines under the road, many of which with only minimal cover.. Consequently, the road cannot be lowered at any reasonable cost. The sidewalk is now lower than the existing lots, many of which already experience some ponding during rainstorms. If the City were to raise the sidewalk it would create additional flooding problems for the neighbors unless several catch basins were added. The estimated cost for this work is $75,000. It would also be unsightly and- carry with it a future maintenance cost. Pedestrians Crosswalks; A question was raised by Commissioners recently about Florida Law on who has the right-of--way at crosswalks. Florida Statutes 316.310 establishes in Section (7) that vehicles shall yield to pedestrians in a marked crosswalk. Sherry Drive Stou Sign Petition; A petition was presented to the City Commission at the last meeting requesting the installation of additional stop signs on Sherry Drive. The Police Department has been requested to prepare a comparison of average speeds on Sherry Drive as determined by several past speed studies azid to make recommendations concerning the proposed signs. A report will be ready at the next City Commission meeting, which will be in January. ,:.~_ ATTACHMENT B DECEMBER 9, 2002 COMMISSION MEETING City of Atlantic Beach ,°-- City Commission Meeting Staff Report AGENDA ITEM: ORDINANCE NO.80-02-66 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATERWORKS SYSTEM, SECTION 22-20, FEES TO ESTABLISH SERVICE OR RE- ESTABLISH SERVICE AFTER CUT-OFF OR TRANSFER, TO INCREASE THE TURN-ON FEE, TO PROVIDE FORA RE- CONNECT FEE, TO PROVIDE FOR A RE-CONNECT FEE FOR DELINQUENT ACCOUNTS, TO INCREASE THE TRANSFER FEE, TO PROVIDE FOR AN AFTER-HOURS FEE, TO AMEND SECTION 22-22. FEE ESTABLISHED FOR RE-READ OF 1VIETERS TO INCREASE THE RE-READ FEE, AND TO PROVIDE AN EFFECTIVE DATE SUBMITTED BY: Nelson Uan Liere, Finance Director DATE: November 27, 2002 BACKGROUND: The charges addressed in this ordinance all relate to recovering the costs associated with a service involving a City worker making a special trip to the ,,,; customer's location. How much those trips cost depend primarily on whether the employee is on overtime, after hours,.what is to be performed on the site and' how long he will be there, and if the trip out there can be done in conjunction with other services in the area.. Every trip to the customer location will cost the City a different amount. Below are two schedules. The first shows an estimate for the upper end of the range of costs for each service together with the current and proposed charges. The last two columns show Jax Beach and Neptune Beach for comparison. The table indicates that the upper cost estimate is slightly higher than the proposed charges. The actual cost in many cases is less than this and therefore on average the proposed rates should recover the full cost of providing the services.'' Service Upper Current Proposed Jax Neptune Cost Cha a Char a Beach Beach Turn-On $21.50 $15.00 $20.00 $10.00 $25.00 Regular Hours Turn-on $56.50 $40.00 $50.00 $25.00 $50.00 After Hours Reconnect Charge - $31.60 $15.00 $30.00 $20.00 25.00 Delinquent (requires two trips to location) Re-read - $21.50 $5.00 $20.00 $10.00 $0.00 Customer Re nested Transfer Fee $31.50 $15.00 $20.00 $10.00 25.00 AGENDA ITEM #8E DECEMBER 9, 2002 5 ~~.~--,, The next table shows the number of times each of the respective services was performed last year and the estimated increase in revenues based on those frequencies. I would expect that the revenues for re-connects on delinquent accounts would go-down over time. because the increased charge should result in fewer customers allowing the account to go unpaid until cut-off. Service Number of Old Rate Proposed Difference Additional Times Rate in Rates Revenue Performed Last Year Turn-On 2,420 $15.00 $20.00 -$5.00 $12,100.00 Regular Hours Turn-on 280 $40.00 $50.00 $10.00 $2,800.00 After Hours Reconnect Charge 4,149 $15.00 $30.00 $15.00 $62,235.00 Delinquent (requires two trips to location) Re-read -Customer 60 $5.00 $20.00 $15.00 $900.00 Re nested Transfer Fee 193 $15.00 $20.00 $5.00 $965.00 _ BUDGET: The sum of the additional revenues on the above schedule is $79,000. This revenue would enhance already budgeted services and I would not recommend increasing the budget until the following budget cycle. RECOMMENDATION: Approve Ordinance Number 80-02-66 amending Chapter 22 of the City Code of Ordinances to increase or establish utility service fees for turn-ons, after hours, transfers, meter re-reads and reconnections on delinquent accounts. ATTACHMENTS: Ordinance Number 80-02-66 REVIEWED BY CITY MANAGER: AGENDA ITEM #8E DECEMBER 9, 2002 ORDINANCE N0.80-02-66 ;,..~. AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,' ARTICLE II, WATERWORKS SYSTEM, SECTION 22-20, FEES TO ESTABLISH SERVICE OR RE-ESTABLISH SERVICE AFTER CUT-OFF OR TRANSFER TO INCREASE THE TURN-ON FEE, TO PROVIDE FOR A RE-CONNECT FEE, TO PROVIDE FOR A RE-CONNECT FEE FOR DELINQUENT , ACCOUNTS, TO INCREASE THE TRANSFER FEE, TO PROVIDE FOR AN AFTER-HOURS FEE, TO AMEND SECTION 22-22. FEE ESTABLISHED FOR RE-READ OF METERS TO INCREASE THE RE-READ .FEE, AND TO PROVIDE AN EFFECTIVE DATE WHEREAS, the City has evaluated the cost of performing the tasks related to the turn-on of new services, reconnecting services, re-reading meters and transfers of services, and WHEREAS, the City has found the cost of providing those services exceeds the current charges for those services, and WHEREAS, it is the City's intent to recover all of the costs associated with "'~ providing services were appropriate and feasible, and WHEREAS, the City recognizes that it may not be appropriate to charge full cost for new services, transfers of services or reconnects after customer requested cut-offs in an effort to provide competitively priced customer service, and. WHEREAS, the City would like to recover full cost from those customers that had service cut-off due to non-payment NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE. CITY OF ATLANTIC BEACH,. FLORIDA, that; Section L Section 22-20 of the City Code of Ordinances be amended as follows: Sec. 22-20. Fees to establish service or re-establish service after cutoff or transfer. a•~A turn-on fee of €rfteen twen dollars ($~-~-20.00) will be charged to ~ establish service for all new customers. b.~Ifwater service is turned off ea"°r'~_=~~„_ .,~a_'' upon the request of the customer; a ^~ re-connect fee of , ~- twenty dollars ($~5-20.00) shall be charged and paid prior to restoring water service. AGENDA ITEM #8E DECEMBER 9, 2002 c.l If water service is turned off because of delinquency of payment, a ,~... re-connect fee of thirty dollars ($30.001 shall be char eg d and maid prior to restoring water service. d.~If water service is transferred to another residence, a ~ twen dollar ($~ 20.00) transfer fee shall be charged. e.) An additional charge of thirty dollars ($30.001 will be added to the Turn-on charge for service requested before 8:OOa.m. and after 4:30p.m. on business days. Section 2. Sec. 22-22. City Code of Ordinances be amended as follows: Sec. 22-22. Fee established for re-read of meters Upon request of a consumer, the meter will be re-read by the city. A fee of ..twenty-fie dollars ($20.00) will be charged for all customer-requested re-reads when it is determined that the initial read was not in error. At the discretion of the city manager, or his designee, the city may perform. a re-read at no cost to the consumer. Section 3. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of December, 2002. Passed by the City Commission on second and final reading this ~ day of January, 2003. John S. Meserve Mayor /Presiding C?fficer Approved as to form and correctness: Alan C.. Jensen, Esquire City Attorney ATTEST: Maureen King, CMC City Clerk ~°-- CITY OF ATLANTIC BEACH COMMISSION MEETING December 9, 2002 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of November ZS, 2002 2. Courtesy of Floor to Visitors A. Nancy Kilgo, JEA 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings 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 monthly reports from Building, Occupational License, Public Safety and Public Works Departments (City Manager} B. Approve extension of Trim All contract for landscape maintenance of Atlantic Boulevard medians, Town Center and Mayport Road flyover landscaped areas at an annual cost of $35,760 (Bid No. 0001-5} (City Manager} S. Committee Reports A. Report from Tree Conservation Board -Barbara Mears 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 5-02-40 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 1, GENERALLY, SECTION 2-226, HOLIDAY SCHEDULE, TO ADD CHRISTMAS EVE, DECEMBER 24TH, AS A HOLIDAY (City Commission) 8. Miscellaneous Business A. Board/Committee Appointments Cultural Arts & Recreation Committee (1) Community Development Board (1) B. Award contract to Gannett Fleming in the amount of $124,365, for technical proposal and price proposal preparation for privatization of water and sewer services for Mayport Naval Station, and authorize the City Manager to sign the contract documents (City Manager) C. Approve contracts with Atlantic Beach Athletic Association, Atlantic Beach Experimental Theater (ABET), and Tennis Instructor Sandra Phillips for use of city facilities and authorize the City Manager sign the contract documents (City Manager) D. Waive the City Code and approve the donation of eligible bicycles from the Police Department to charitable organizations for distribution to needy children (City Manager) E. Discussion and related action regarding proposed ordinance to amend utility service charges (City Manager) 9. City Manager 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers . Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is started 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, December 6, 2002. Agenda -December 9, 2002 Page Two CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD WORKSHOP MEETING 5:00 P.M. -MONDAY, DECEMBER 9, 2002 AGENDA Call to order 1. Discussion regarding skateboarding facility 2. Discussion regarding proposed revisions to Beaches Ordinance 3. Discussion regarding decorative crosswalks on East Coast Drive Adjournment 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. ,~^~.... `"' MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN ATLANTIC BEACH COMMISSION CHAMBERS ON MONDAY, DECEMBER 9, 2002 Present: John S. Meserve, Mayor Richard M. Beaver, Commissioner Mike Borno, Commissioner Paul Parsons, Commissioner J. Dezmond Waters, III Also: Jim Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Timmy Johnson, Recreation Director David Thompson, Public Safety Director The Mayor called the meeting to order at 5:00 p.m. 1. Discussion regarding Skateboarding Facility The Mayor asked the City Attorney to address the statute that was written to encourage the construction of municipal skateboarding pazks. The City Attorney presented a packet of information that addressed questions that had been submitted to him by the City Manager, an ordinance that had been drafted to prohibit skateboarding in Bull Memorial Park, a copy of Section 316.0085, Florida Statutes, and an article fromthe November 2002 issue of The Florida Bar Journal. A copy of these documents is attached hereto as Ezt~ibit A. Discussion ensued and the City Attorney pointed out that the new law had not yet been tested in court. He said the law did not require facilities to be staffed but, depending on the size of the facilities, many municipalities had decided to staff their skateboard parks. He suggested the city require skaters to weaz safety geaz and if the park is not staffed, the police and/or Recreation staff should do periodic inspections to make sure the rules were being observed. During discussion it was felt that Russell Park was the most appropriate location for a skateboard pazk and Timmy Johnson indicated that Russell Pazk could accommodate a park approximately 6,500 sq. ft. in area and felt the City Commission needed to decide if they wanted to construct a small neighborhood park or a lazger regional pazk Sandy Forsyth felt that older children could drive to larger parks if they desired and suggested the city construct a neighborhood pazk with concrete ramps for younger children. He said he would provide some pictures of the type of facility he had in mind. Page Two `'~ Commission Workshop December 9, 2002 Vinton Pacetti, who manages the St. Augustine skateboard park, also felt a small neighborhood park would meet the city's needs and would not attract skaters from outside the area. He said St. Augustine had problems with vandalism and graffiti before their park was staffed. Erik Patroni felt the park should be big enough to have areas for beginners, intermediate and advanced skaters and felt that by charging a small fee the city would attract serious skaters and the area would not become ahang-out for people with nothing to do. Art Graham, Jacksonville Beach council member, reported that at the request of the Fletcher High School coaches construction of a skateboard park at the Boys and Girls Club in Jacksonville Beach was being considered. The Mayor then sought the wishes of the City Commission and Commissioner Waters said he supported the idea of building a skateboard park but felt there were many options to be considered before a final decision was made. He pointed out that land was available in Jacksonville in the Old Sherry Drive area on the west side of Hanna Park and said he would like to see Atlantic Beach working in a joint venture with the City of Jacksonville to develop a regional park in that area and also to construct bike paths so students could ride their bicycles to Mayport Middle School. Commissioner Borno favored a small local park and suggested trying to work something out with the City of Jacksonville. He suggested issuing an annual permit with picture identification, staffing the facility, and requiring skateboarders to wear safety gear. Commissioner Beaver said he did not feel that liability was a major issue. He did not feel the city could afford or should build a regional park but felt that a park should be built to serve children under the age of 16 who could not drive to other parks. He also felt there may be an opportunity to partner with Jacksonville Beach in the construction of a skateboard park at the Boys and Girls Club. Commissioner Beaver said he preferred to construct the park from concrete and would like to have some level of staffing, possibly having an agreement with a vendor to staffthe park as is done in St. Augustine. He also suggested looking for corporate sponsors to assist with the financing of the project. Commissioner Parsons felt staff should be charged with finding a location and developing a design, and then challenge the community to come up with the money. Following further discussion the Mayor said he supported the idea of a 6,000 sq. ft. park in Jack Russell Park and then working with Jacksonville and the School Board to develop a larger park. The City Commission concurred and agreed that the community should be challenged to help raise funds. The Mayor said he would meet with the other Mayors in January and would bring this matter to them ,,., at that time. It was also agreed to allow input from the skateboarders in the design process. Page Three .. Commission Workshop December 9, 2002 Following further discussion it was agreed that staffshould move ahead to solicit proposals to design a skateboard facility of approximately 6,000 sq. ft. in Jack Russell Park and to bring recommendations to the City Commission as early as possible for their approval. It was also agreed to have at least one meeting to receive public input. The Mayor also felt that the public should be advised of the proposed funding arrangement so that they would have an opportunity to raise funding for the project. Commissioner Waters said he did not want to see Russell Park overloaded and suggested that other locations also be considered. It was also pointed out that the Teen Council wanted to be involved and it was felt that they could be helpful in providing input for the conceptual design. 2. Discussion regarding proposed revisions to the Beaches Ordinance Three items were identified as the major items to be discussed, namely, horses, fires, and restrictions for dogs on the beach. Horses The Mayor pointed out that if the requirement to "serve a public purpose" was eliminated from the current ordinance many activities could be permitted with approval of the City Manager. Discussion ensued and it was agreed that "public purpose" should be eliminated. The Mayor also felt that a permit system could be developed and the use of fires or horses on the beach could be approved by the City Manager. Fires Discussion ensued regarding gas grills vs. charcoal grills and concern was expressed that hot coals from charcoal would be buried or left on the sand causing a hazard to others on the beach or to the neighboring homes. Commissioner Waters felt that the beach should be used by as many people as possible and it was felt that this issue could also be controlled by issuing permits so that the city would have some level of control and users would be aware of their responsibilities. Dogs The Mayor reported that he had received letters from residents on both sides of the dogs-on-the- beachissue. Commissioner Parsons pointed out that the City was without animal control officers for most of the summer months and while he felt that stricter controls may be needed during the summer months, he felt that since the City now had two animal control officers they should be given a chance to see if the situation improves. Commissioner Beaver agreed and felt the animal control officers should be allowed to operate for one full summer before enacting new regulations. Commissioner Waters agreed. Commissioner Borno, however, felt that it would be beneficial to have the same hours as Neptune Beach and Public Safety Director Thompson reported the number of problems was low. Page Four r'`` Commission Workshop December 9, 2002 Following further discussion there was consensus that the City Commission should wait until after next summer and then revisit the matter to see if new animal control regulations were necessary. 3. Discussion regarding decorative crosswalks on East Coast Drive The Mayor suggested that only one crosswalk be located at each intersection and felt that locations should be identified where the crosswalks would line up with existing sidewalks. He also suggested that a decorative crosswalk be installed on Sherry Drive at the school. Commissioner Borno suggested that painted crosswalks would be effective and much less expensive, however, other Commissioners preferred decorative crosswalks. Discussion ensued and Commissioner Waters said he preferred the decorative crosswalks because the rough surface would remind motorists to slow down. Public Safety Director Thompson reported that the only sidewalk that extended from East Coast Drive to Ocean Boulevard was on 7th Street but that sidewalks would be constructed at 1~`, 3rd, and St'' Streets during the Core City Project. Dir. Thompson felt that a public education program would be required to get motorists to think differently about pedestrians. Dir. Thompson said he would "' look into the Sherry Drive location further and have a report ready for the first meeting in January. Commissioner Borno reiterated his position regarding painting crosswalks. Following further discussion the Mayor suggested that staffcome back with a recommendation for locations where marked crosswalks could be located, and secondly, make recommendations regarding locations for decorative crosswalks, including a location on Sherry Drive. There being no further discussion, the Mayor declared the meeting adjourned at 6:50 p.m. Maureen King, CMC City Clerk Exhibit A -Commission Workshop December 9, 2002 __ ___ MEMORANDUM 11/13/02 To: Jim Hanson, City Manager From: Alan Jensen, City Attorney ~! Re: Skateboarding In response to the questions set forth in your e-mail to me of today's date regarding skateboarding, I would submit the following answers/comments: 1. Yes, there is a problem with subsidizing a private facility. Protection under the statute (316.0085) is afforded to "governmental owners or lessees of property", so it would appear in this situation that the City would have to lease the property for statutory protection. 2. No. See answer 1. above -unless lease the property. 3. Yes, to the extent allowed by statute. 4. I have prepared the ordinance already, although I am concerned that it does not (a) prohibit the activity in all city parks and on al] city property, and (b) apply to skateboards, inline skating, and freestyle bicycling, as the statute does. 5. No full time supervision necessary. Must have posted rules regarding the waiver requirement, hours of operation, required equipment (helmet, pads, etc.), and any other rules to be imposed: 6. There is no case law in Florida yet under the statute, which only became effective in 1999. I could research other states and federal cases, but that is a lengthy process and expensive. Attached are copies of the following: Draft Ordinance to prohibit skateboarding in Bull Park; Copy of Sec. 316.0085, Florida Statutes; and Article on this matter from November, 2002 issue of The Florida Bar Journal. Page 1 of 1 Subj: Skateboarding Date: 11113!02 2:52:01 PM Eastern Standard Tirne From: jhanson ci.atlantic-beach.fl.us To: AJensenLawCcaaol.com Sent from the Internet Details Alan; l called Sandy this afternoon to see if you could spend some time with me after our conference call tomorrow to discuss issues related to skateboarding. Specifically, I have the following questions; 1) We have been approached by the owner of the Skatefab on Mayport Road with a proposal for the City to put capital $ into building some additional facilities (on his site) and to subsidize his operation each year. In return, he would allow Atlantic Beach kids to skate there for free or at a reduced cost. Do we have a problem putting capital money into a private facility? 2) Would such an arrangement protect the City from all liability? 3) If we were to build a skateboarding facility on City property and contract with a private person or firm to run it, would/ could the City be protected from liability? 4) Can you prepare an ordinance to prohibit skateboarding in Bull Park per the request of the Commission? Your opinion seemed (to me) to suggest that we should not prohibit skateboarding in just one area, but the Commission asked you to do just that. Did I misunderstand your opinion? 5) Is full-time supervision needed to run a skate park and avoid the liability imposed by the State law or could City employees check regularly (every hour or two) to see that kids using the facility meet our rules (having waiver on file, helmets and pads, etc.)? 6) Is there any value in checking the case law on suits against cities and counties in Florida as to being sued over this new law? One of the speakers at the Commission meeting said he was an attorney and had read many cases. Are there that many to read? I will look forward to talking with you about these questions. Jim Wednesday, November 13, 2002 America Online: AJensenT.aw Dx~r ORDINANCE NO. - 02- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF .ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, BY ADDING A NEW SECTION TO BE NUMBER SECTION 5-32, PROVIDING FOR THE PROHIBITION OF SKATEBOARDING IN BULL PARK, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMNIISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 5-32, which section shall read as follows: "Sec. 5-32. Skateboarding in Bull Park (a) Definitions: 1. Skateboard is defined as a board made of wood, fiberglass, or other materials or combination of materials mounted on two axles, front and rear, with two wheels made of clay, polyurethane or other materials or combination of materials attached to each axle. The term "skateboazd" also includes motorized skateboards propelled by a motor mounted on the skateboard. 2. Skateboarding is defined as lying, sitting, squatting, kneeling, or standing upon a skateboard and propelling oneself by any means which causes the skateboard to move, including, but not limited to: jumping on a skateboazd; being pulled or pushed while situated on a skateboard; pushing the ground or other surface with on foot while keeping one's other foot on the skateboard; by riding a skateboard from one elevation to a lower elevation; by manipulating the skateboard with one's feet, or by operation of a motor mounted on a skateboard. (b) Prohibitions: Skateboazding is prohibited in Bull Park. This prohibition extends throughout all areas of Bull Park, all areas of the Adele Grage Center, located at 716 Ocean Boulevard, Atlantic Beach, Florida, but does not extend to the sidewalks surrounding said pazk and Adele Grage Center. " SECTION 2: This ordinance shall take effect immediately upon its final passage and adoption. . .. ""~'' PASSED by the City Commission on first reading this day of 2002. PASSED by the City Commission on second and final reading this day of 2002. ATTEST: MAUREEN KING, City Clerk JOHNS. MESERVE, Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney FL STS 316.0085 Page 1 West's F.S.A. § 316.0085 WEST'S FLORIDA STATUTES ANNOTATED TITLE XXIII. MOTOR VEHICLES CHAPTER 316. STATE UNIFORM TRAFFIC CONTROL Copt. ©West Group 2002. All rights reserved. Current through End of 2002 Regular Session and 2002 Special 'E' Session 316.0085. Skateboarding; inline skating; freestyle bicycling; definitions; liability ,The purpose of this section is to encourage governmental owners or lessees of property to make land available to the public for skateboarding, inline skating, and freestyle bicycling. It is recognized that governmental owners or lessees of property have failed to make properly available for such activities because of the exposure to liability from lawsuits and the prohibitive cost of insurance, if insurance can be obtained for such activities. It is also recognized that risks and dangers are inherent in these activities, which risks and dangers should be assumed by those participating in such activities. (2) As used in this section, the term: (a) "Governmental entity" means: I .The United States, the State of Florida, any county or municipality, or any department, agency, or other instrumentality thereof. 2. Any school board, special district, authority, or other entity exercising governmental authority. (b) "Inherent risk" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of skateboarding, inline skating, and freestyle bicycling. (3) This section does not grant authority or permission for a person to engage in skateboarding, inline skating, or ~ eestyle bicycling on property owned or controlled by a governmental entity unless such governmental entity has specifically designated such area for skateboarding, inline skating, and freestyle bicycling. (4) No governmental entity or public employee shall be liable to any person who voluntarily participates in ~ateboarding, inline skating, or freestyle bicycling for any damage or injury to property or persons which arises out of a person's participation in such activity, and which takes place in an area designated for such activity. (~ his section does not limit liability which would otherwise exist for any of the following: The failure of the governmental entity or public employee toward ap_~ainst or warn of ,dangerous condition of which a partic~ant does not and cannot reasonably be expected to aye notice. (b) An act of Bross net;liaenc~, by the governmental entity or public employee that is the proximate cause of the injury (c) T'he failure of a governmental entity that provides a designated area for skateboarding, inline skating, or freestyle bicycling to obtain the written conse orm acceptable to the governmental entity from the par~ntscL iP~l guardians of an child under 17 ears of a e before authorizing such child to participate in skateboarding, inline skating, or eesryle bicycling in such designated area, unless that child's participation is in violation o_ f posted rules governing the hours of authorized use of the designated area.~-'- Nothing in this subsection creates a duty of care or basis of liability for death, personal injury, or damage to personal ,,~ propem~. Nothing in this section shall be deemed to be a waiver of sovereign immunity under any circumstances. Nothing in this section shall limit the liability of an independent. concessionaire, or any person or organization other Copt. ©West 2002 No Claim to Orig. U.S. Govt. Works FL STS 316.0085 Page 2 than a governmental entity or public employee, whether or not the person or organization has a contractual relationship r-~. with a governmental entity to use the public property, for injuries or damages suffered in any case as a result of the operation of skateboards, inline skates, or freestyle bicycles on public property by the concessionaire, person, or organization. Vi(a) Any person who participates in or assists in skateboarding, inline skating, or freestyle bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which .result from these activities. Any person who observes skateboarding, inline skating, or freestyle bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself which result from these activities. No governmental entity which sponsors, allows, or permits skateboarding, inline skating, or freestyle bicycling on its property is required to eliminate, alter, or control the inherent risks in these activities. (b) While engaged in skateboarding, inline skating, or freestyle bicycling, irrespective of where such activities occur, a participant is responsible for doing all of the following: 1. Acting within the limits of his or her ability and the purpose and design of the equipment used. 2. Maintaining control of his or her person and the equipment used. 3. Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself, or other persons. Failure to comply with the requirements of this paragraph shall constitute negligence. The fact that a governmental entity carries insurance which covers any act described in this section shall not constitute a waiver of the protections set forth in this section, regardless of the existence or limits of such coverage. CREDIT(S) 2001 Main Volume Added by Laws 1999, c. 99-133, § 1, eff. April 20, 1999. <General Materials (GM) -References, Annotations, or Tables> West's F. S. A. § 316.0085 FL ST § 316.0085 END OF DOCUMENT Copr. c0 West 2002 No Claim to Orig. U.S. Govt. Works City, County and Local Government Law Skating o n Thin C'o n cre to The Florida Legislature's Response to Skateboarders and Skaters by Joseph G. Jarret he} fl} through the air with the greatest of ease and far too often land with a bone-cru_hing, verte- brae-jarring crunch. They are in- '.ine skaters and skateboarders "skaters"J, and they have become the bane of public sector attorneys and risk managers in numbers that seem to be gro« ing exponentially. 'I-he preponderant challenge for a pub is entit}'•s attorney and staff in terms of contro ling, if ~•ou wil ,the activities of skaters is determinine „•, in a efi itive manner the extent of an entity's exposure. Ironically, the noticeable lack of liability claims emanating from skating ac- t~,~ hies only serves to exacerbate this dilemma. The Florida Legislature Responds In response to the growing phe- nomenon that has become skating in its carious forms, the Florida L.egislaturc enacted F.S. X316:OOS5, entitled. "Skateboardin'~. inline ~katin,: freestyle bicycling: defini- .~~;ns: iiabrlit}.' The purpose of this section is to encourage governmen- tal oti~ Hers or lessees of property to make land a~aitable to the public ror skateboarding, inline skating, r~,d freest}~le bicycling. The legislature ackno~~ledged that the lack of public skating ar- e has been caused in large part b.. the potential exposure to liabil- it: from personal injur}~ la«suits, a; <<. ell as the prohibitive costs of ,~,.,insu:•ance.' «~hiie F.S. ~76S.2S pro- - ides for a partial wavier of sover- e:,n immunit} for actions ir, tort n response to the growing phenomenon that has become skating in its various forms, the Florida Legislature enacted F,S. X316.0085 filed against the State of FI'orida and its political subdivisions in the amount of 5100,000 for any one claim orjudgmentand no more that 5200,000 per occurrence', the con- cern remains thaC the cumulative effect of such lawsuits could put a stranglehold on an entit}•'s self-in- sured retentions. It is important to note, ho«•eyer, that this legislation mar not be deemed to constitute a waiver of sovereign immunity, re- gardless of whether the entit}• car- ries an excess insurance policy de- signed to augment self-insured retentions, or insurance coverage separate and distinct from self-in- sured retentions. At first blush, a plain reading of the statute seems to impl}• that nei- ther the governmental entity, nor its employees ma} beheld liable for injuries sustained b}' persons who engage in skateboarding, inline skating, and freest}•]e bic}•cling, pro- vided the activit}• takes place in an area designated for the activit}• in question. The statutory language is illusoz•}• and can prove to be a trap for the unwar} public sector attor- ney who may be lured into a false sense of securit}• due to the pres- ence of a designated activit}• area. Plaintiffs' counsel are quick to point out that any limits on a public entit}•'s liability quickly disappear if any of the following can be proven by a preponderance of the evidence: 1) the entit}• failed to guard against or ~ti•arn of a dangerous condition that a participant does not and can- not reasonably be expected to have noticed; 2i any acts of gross negli- gence b}• the entity or an}• of its em- ployees considered to be the proxi- mate cause of the injury; or 3i the entit} failed to obtain written con- sent from the parents of children under 1 ~ years of age before autho- rizing same to participate in skat- - ~.. rng activities.' The legislation defines as negli- gence the activities of indi~ iduals «•ho fail to: 1 ~ act within the limits of his or her abilit}, as «ell as the design and purpose of the equip- ment used; 2r maintain control of hi; or her person and equipment used; and 31 refrain from acting in any manner «•hich may cause or contribute to death or injury of him- self, herself, and other persons.' `vVith all due respect to the drafters of this legislation, it appears they are a bit too optimistic, especially 7:: THE FLORIDA BAR JOURNAUNOVEMBER 2002 «'hen incomes to attempting to im- pute liability to individuals u•ho are accused of acting "in any manner ~ti'}11Ch n1aV Callse Or COIltrlbute LO death or injun• of himself or herself, or other persons."~ Clearly, one of the allures of the sport for some young people is to engage in death-defy- ir.gaunts and antics. :~~ }•ou might tllla,ine, proponents of skating «•ill assert «~ith convic• t,on that their sport is a relatively _;:fc• one. This assertion has been chrlllenged, however, by the findings of thc• :\merican :~cademv of Pediat- rics, ~~•hich recently released a re• port concluding thacskating-related Intshaps sent o~•er ;10,000 people to t!!c cmergenct• room last year, with a•.<•r 1.:)00 requiring hospltallza• L~!:1.~ } :1111 SUre !t COtlles as Il0 Sllr• f>ri.e that the race, ankles, and «'rists sustain the brunt of the inju- ries sustained. Assumption of Risk C'learl~•, adults «•ho engage in ~katin;,~ activities are presumed to br c•ognizant of the risks inherent in the "sport" and, as such, the de• Tense of "assumption of risk" is the initial response to claims arising out of such activities. Unfortunately, the mass of skaters are under the aQe o` 1S, prol~~ting courts across the l;~r,ci tc. rule th;it uncmancipated cr.iicircn cannot e expected to as- ;lne ri.~k in a manner akin to an c:dult'~ assunlptlon, c ue to the infir- mit~• of a,~e an maturity of iudR- Iaent.` This is ~.•here Florida's la~~• almost srems contradictory. Specifi• cnll~. while the entity can be held l,,:h;«• for footling to obtain ~~•ritten ;~>•r.t from the p;u•ents of children u^cier 1 ~ ~•ears of age before autho- rizing same to participate in strat- i;-:; activities, latter portions of the statute read that "any person ... ir- respecti~•e of age" assumes the }::ln•~~:n and until:o<<: n inherent risks ~....:satin, acti•.'itie3.' The Case for Skateboard Parks It is no myster}• that many public entities have adopted the adage that. "ifyou can't beat'em, lead'em." as evidenced by the construction of skateboard parks,. or the setting aside of designated skating areas. ;Many entities across Florida and the United Stags have elected to construct skateboarding parks. Some ar•e taking innovative steps to reduce their liability exposure by 1) enuring that the park has no anti- THE FLORIDA BAR JOURNAUNOVEMBER 2002 75 ttcial lighting. thereby encouraging only da}--time use' 2,~fencing in the park and closing it at dusk 3~, post- ~"""~~ ink clear and concise sets of rules in multiple locations throughout the park that sere to issue a series of ~~.arnings, suggestions, and safety .,:iprr,er.t requirements; and en~'.!±in the park is regularly pa- trolled b~~ police.` Staff members employed b}• enti- ties ~~,ho elect to create skating parks assert that careful and t'anughtfui construction of the facil- :;~. proper maintenance and docu- n~.entatinn thereof, together ~~~ith the :~r_'tinn~ of appropriate signage, con- <t~t.!tes the prudent managementof the risk, The Case Against Skateboard Parks .~s ~'ou might imagine, there ex- ,< a cuhstantial number of public ;ectnr attorneys and risk managers ~~',7o are opposed to the construction of skateboard parks. The general c,~nsensus among those opposed to ~,, each parks is that skateboard parks <:re costl~• to build, maintain, and t:; e Those entities that lack the '.;:nd.~ to purchase one of the count- 'ess commercially available skate- 'ooard-'in-line skate ramps or jumps ~.re denied the opportunity to tap into the manufacturers' products li- ~~hility insurance. F,eaardless of ~~•ho or ho~~ the park i~ constructed, many risk managers hay e opined that they encourage, ather than alleviate, risk since harks du little to reduce the unsafe o: hazardous conditions associated .~. ith the operation of a skateboar-d:~ o-line skating facilit~•. Such parks reuu'.rc that the entity's aersonnel ~.~ ~.;ct dail~~, documented safety <r~~ ction~. «hich is a burdensome oro;~o;ition for mangy' short-staffed . ^:ities. Further, tellin; most skate- 'ooardcrs that the~~ should don an ~... .~ of ptrotective gear and never :ce i^ the' street or attempt tom- . •_~t:ed trtck~ ~~',11, in al! probabil- .ail '~;pon deaf ~ar~- .1t arecent roundtable discussion n Polk Count} attended by public sector attorneys and risk managers, the follo« ine~ concerns sti~ere raised Telling most skateboarders to don an array of protective gear and never ride in the street or attempt complicated tricks will, in all probability, fall upon deaf ears. that, according= to the Public Risk Management Association, are_ not unique to Polk County or Florida for that matter. The prtmar•y issues de- bated were: In terms of waivers, who will secure the consent from the parent and what procedure will be imple- mented to prove that the adult is a legal guardian or parent of the child? QbVho will draft the consentform and will the form include the ac- knowledgment that the child has been cleared medically to partici- pate in such activity? QlVho will supervise the activity? Q~b'ho will regulate the hours of the activity and prepare appropri- ate notices and hours of operation? Who has the expertise to inspect skateboarding rinks for hidden physical hazards or• conditions that might not be recognizable to the participant? ~~•ho manufactures and distrib- utes skating rinks and «•hat type of «~ritten ~earrant}• accompanies the product? Has the product been altered in any wa}• by the entity, thereby ne- gating the effectiveness of the manufacturer's product liability cov- erage?•' Conclusion It is abundantly clear that there does not appear to be a consensus of opinion as how to best accommodate skaters, or whether they should be accommodated at all. As with any inherently dangerous activity that has caught the fancy of the general citizenry, public entities are com- pelled to be proactive in their quest to strike a balance between the pro- vision ofrecreational activities to the public and protecting the govern- mental entity from Iiabilit}• claims, as well as protecting public property such as curbs, railings, etc. Despite legislati~ e efforts to address this mat- ter by enacting F.S. ~318.008d, this la«•, like all regulator}~ enactments, is not a panacea for, nor a shield against, the potential liability claims facing public entities that design and con- struct skatingfacilities. _1 ' Fr..>. St+~ 316.OOS~ ~ 1999,. = rd. ' Fi,.~ Sr~r. i76S.2S r 1999r pru~~ides for a partial ~~'a~•ier of sovereign immunit}• for actions in tort filed against the State of Florida and its political subdi~•isions. Absent a claims bill, the aforementioned entities may only pay $100,000 For anc one claim orjudgment and no more than 5200,000 per occurrence. Ft.:~ Si:~i'. ~316.OOSS (19991. ' Ft_; S~raT, »:316.0085r5)(a~r - ~c~. "Ft.~~ Sr.~'r,»31G.OOS5~7iibirl~-r31. 1:1. Fletcher, Citic.> Tr~~ to Aller iah~ Skate Parlr Liabilities, Bc>uess 1~3t'k.4~CE (\Ia~ 13, 200'2 r. Id. to F!..~,. Sr.~T. ~316.OOS5+7Nat. '' Joy'. :llartaJing Skateboard Rish.s, Pcet.i~ Rts+; ~{~c~zi~r', ~Iav!June'2000. '= During the course of a roundtable discussion comprised of public sector at- torneys and rill: managers in Polk Count. Florida, the general consensus of those in at[endance was chat special acti~in parks do not, in and of them- sel~'es, sen'c to reduce the frequency and se~erit~ of liability claims asserted against public entities. Josep]r C'. Jame! i~ cut a.:i.;lant Poll; C'ourttr attur:te-ti~ cotccantratirag in tha a~'cas uj~liuul trse gist! planning. He tt a /urmer L%.:S..-1rn:~ combat arms oj. jiver. .11r..Jerret received his J.D. J'~'om Stetsntt, hi.c ma;te~: in public adminis- tratit>~; front Cenh~a! 1lichi,ra~t L•aicer~ ~r!:: iu~ be:cit~>lor,: /;~o,tt Tr~~ State. artd a p~~~tg~~adttatrcertrjica(e in pub(u rrtan~ C~e'nta'~if Iron! ihF (,•711(Trdfh- Oj .S~Otith riu~:cli: He i~ a certified nted:ator gad (t rl7 t h~a Cur. This culunut is submitted on behalf of the City, Counh end Local Govern- ment Lau Section, Thomas G. Pelham. chair, ant! Jeu~el l~•. Cole. editor. -„ THE FLORfDA BAR JOURNAL/NOVEMBER 2002 SkateboardDirectory.com: News: Skatepark in design for Dade City, Florida Page l of 2 ~^ Skateboard Directory Search SkateboardDirectory.com > News > Skatepark in design for Dade City, Florida Skateboarding ~ Companies ~ Shoes News ~ Ramps I Skateparks I Camps ~ Skaters Online StorES ;Skate Shops ~ Wholesale Magazines I Videos ~ Pictures/Photographs Sponsored Links SkateboardDirectory.com News: SkateTalk.com: Internet Chat Skate ark in desi n for Dade Cit 5kateTaik p 9 Y , Internet Chat Florid a Skate~oarc~Directory.com Sports Clothing Computers Music News Skateboard Wai;paper. Top Links Top Searches Random Links All Categories Suggest A Link Link To Us About Us Quick Skate Links Skateboarding Skateboard Companies Trucks Wheels Hardware Commercial Sites ___ _. _ __ Online .Stores Amateur Teams Pro Teams Magazines Deep Carve Skaters Rodney Mullen Mark ,Gonzales aam Margera Skateparks ~y State in Europe videos Ra!~nps Shoes Subscribe to the SkateTalk Insider (Posted 6/17/2002) Building a Skatepark, amini-obstacle at a time nid finger-size models, a Rep Services Inc. dealer meets with ateboarders to plan Dade City's skateboard park. By CHASE SQUIRES, Times Staff Writer St. Petersburg Times, published June 4, 2002 nid finger-size models, a Rep Services Inc. dealer meets with ateboarders to plan Dade City's skateboard park. DADE CITY -- The only skateboards Dade City skaters rode Monday at City Hall were 2 inches long. The only Skatepark they tackled was on paper. But Monday's meeting between skaters and skateboard park equipment representatives might plant the seeds of a very real park soon. "We let them tell us what they want," Rep Services Inc, dealer Carl Sagro said. "We take what they give us; we let them compromise, then we go back and try to combine all those ideas." On Monday, skaters used miniature rubber versions of the jumps and ramps the company s~:lls and laid them out on a grid to create blueprints of their dream parks. Sagro and coworker J.T. Almon said it would take about a week to craft plans from the skaters' designs, and about a month to order and deliver equipment, if the city orders from them. Skater Vincent Leschinski, 10, created a park full of obstacles -- spines, pyramids, fun boxes and pipes -- then demonstrated how the skaters would flow through the setup, using a 2-inch plastic skateboard "ridden" by his fingers. "The half pipe would be here," he said. "And over there, two kicker ramps, then a front stall ..." The goal, the professionals said, is to create a park everyone would enjoy. http /,iskateboarddirectory com/articles/479971_Skatepark__in_desi~n_for _dade html I ?;' ~ %02 SkateboardDirectory.com: News: Skatepark in design for Dade City, Florida Page 2 of 2 "You've got to build it right," Sagro said. "You've got to build it safe and build it so it attracts the kids." Rep Services represents Minnesota-based SkateWave modular skate park equipment. The high-tech obstacles are made of steel and covered in PVC, far from the old wooden ramps locals such as josh Chase build on their own. After skaters design the park, the plans are reviewed by professional skateboarders at the factory to be sure the park would be rideable and fun, Sagro said. Dade City crews already have repaved a parking lot on the east side of City Hall and plan to put up a fence around it for a temporary skate park. Eventually, the city aims to join with Pasco County to build a larger, permanent Skatepark. The cost of a permanent park wouldn't be known until the city commits to a size, but Sagro said a park he worked on in Flagler County cost about $180,000, while a park he's working on for Spring Hill is expected to cost about $250,000. Skateboarding downtown, a popular hangout for the local skaters, is illegal sus Calderon, 16, knows all about that. He's gotten 11 tickets from lice so far. 'And arrested once," he added. Ideally, a public Skatepark would be so popular, teens wouldn't be tempted to bounce off downtown's array of benches, stairs, curbs ,f- and handrails, Sagro said. But build it wrong, without getting advice from the skaters, and the result is the opposite. Lakeland built a park, but it isn't popular, 17-year-old skater Donald Chapin said. There's not enough room to maneuver, and some obstacles are too steep, he said. "I got pitched the first time I tried it," he said. Search this site for more about Skatepark in design for Dade City' Florida Dec 03, 2002 ~ Privacy Policy ~ Skate Talk ~ Influx Magazine ©1999-2002 Josh Rabino_w_it__z Add a link to SkateboardDirectory.com Submit a Site ~ SulY~est a categorX http://skateboarddirectory.com/articles/479971 Skatepark in design for dale html i ~~:im Northwest Florida Daily News Page 1 of 4 ZLibrary Home DN LIBRARY ~~~~ ~~` Back ~ir.~' ~7 DN ONLINE • NOTES • Front Pale • This article can be found on page B1 of the May 22, 2000 Daily News. SERVICES Air time . Facts Skateboarders at Nav City Skatepark twist and slide through . Feedbag: their display of aerial acrobatics . Subscribe gy DUWAYNE ESCOBEDO, Daily News Staff Writer • Meet the Staff . Advertisers NAVARRE -They go vertical up ramps. Spin and do flips in LOCAL the air. Slide on steel-edge rails. Jump off ramps, plunging eight feet down. • Regional Linlcs The jumping, sliding, twisting and other acrobatics are repeated over and over by skateboarders at Nav City Skatepark. Danny Harrington admits to not being much of a skateboarder, - but he rarely tires of watching the flow of the 50 to 100 kids , who pack the skatepark regularly on weekends. "They do some crazy stuff," said the 17-year-old, who works at the Navarre skatepark, the only private operation between Pensacola and Panama City. "It's excellent. I like to watch them." Often skateboarders cluster at schools, shopping center parking lots or other locales with stairs, handrails and curbs from which to perform their tricks. But as the popularity of skateboarding skyrockets, more and more often they're getting their :own parks. The one in Navarre, located on the Santa Rosa Sound at the north end of the Navarre Beach toll bridge, opened originally in 1998. Soon, it will be joined by a public skatepark in DeFuniak Springs, the first one in that part of Northwest Florida. The X35,000, 13,500-square-foot facility is next to the city's sports complex on Gene Hurley Road and is scheduled to be completed within 10 days, when the final pair of 6-foot-long guardrails goes in. htt»'//www nwfrlailvnewc cnm/archive/fnrnc/(1(1(1577na.x~efnrl ht.r~l i ~/~ /rn Northwest Florida Daily News Page 2 of 4 And Fort Walton Beach plans a skateboarding area at the Fred Hedrick Athletic Complex as part of a BMX track. The $144,000 project is funded by a state grant. "We've provided our kids with all other kinds of places for their activities, such as softball, playgrounds, basketball courts, tennis courts," said DeFuniak Springs City Manager Mike Standley. "Well, a lot of kids like skateboarding and they don't have any place to do it. We think it'll pay off in the long run, giving them a fun, safe place to skateboard. I see this becoming more common." Indeed. Skateboarding is experiencing explosive growth. It's estimated 10.1 million Americans skateboard, making it the sixth-largest participant sport in the nation and third-largest for the 6- to 18-year-old age group. The first outdoor skatepark was erected in Florida in 1976 and 20 years later about 300 skateparks existed across the country, The Skatepark Association in Santa Monica, Calif., estimates. Now, nearly 1,000 public and private skateparks provide skateboarding fun and another 1,000 are currently under construction, the association reports. Skateboarding enthusiasts and industry leaders attribute the surge to a number of factors, including a nationwide campaign kicked off two years ago to change liability laws to allow local communities to develop skateparks; more media coverage, such as the ESPN telecast of the X Games; skateboard improvements; and growing interest by kids in individualized athletic challenges. "It's the number one requested improvement to cities' parks and recreation departments," said Heidi Lemon, The Skatepark Association director. "It's fun and it gets kids off the street corners." Erik Chisholm, now 20, has skateboarded for 10 years. The Fort Walton Beach resident, sporting afire-breathing dragon and star tattoos on his shoulder, liked his first test of Nav City's combination of ramps, fly boxes, grind rails, and the new, 32- foot wide half pipes in the 20,000-square-foot skatepark. `""~ "You never really grow out of it," he said of skateboarding. "I'll do it as long as my body can take it. It's just fun to get outside and do something." http://www.nwfdailynews.com/archive/focus/000522newsfocl .html 12/3/02 Northwest Florida Daily News Kevin Harris, a 14-year-old Fort Walton Beach resident, isn't surprised others come from Nicevlle, Pensacola, and Destin to .., skateboard at Nav City. Best of all, said the teen, who was wearing baggy blue jeans and no shirt as he worked on his moves, he doesn't have to worry about being hassled like he does at a drug store near his home. Page 3 of 4 "People think skateboarders are evil or bad kids or something," said Harris, who has toted a skateboard since he turned 8. "We're not. There's just not that much you can do on the street. I like it here, big time." Carson Jones, a 15-year-old Navarre resident, goes to the local skatepark twice a week to get a workout torpedoing down ramps, doing kick flips, and melon grabs with a 180-degree spin. The $5 entry fee. ($7 for nonmembers) is worth it to him, but he hopes more communities make skatebaarding areas available in their parks. "I've been to public skateparks in Colorado that were super good," he said. "It'd be great if more cities would do it around here." r,,.,, Tommy Cox, who owns Nav City Skatepark, didn't realize the interest in skateboarding until taking over the operation in July. The skatepark draws about 600 people on average a month and most are teen-age boys who come from all across Northwest Florida and often stay all 12 hours the park is open, he said. Cox has added an area for beginners to learn skateboarding, a new half pipe, and he plans to build more ramps and pyramids. Skateboards and equipment can all be rented from Nav City. "This is a positive, safe environment for kids who just want to skate and maybe aren't into baseball or football," he said. "It's just good clean fun, and I hear all the time from parents who rave about it. It's absolutely needed." Skateparks built of wood, steel-frame with metal or plastic surfaces, or concrete typically cost between $30,000 and 5140,000 fora 10,000-square-foot area. Many public skateparks can be funded with state and local recreation grants. Paving the way for DeFuniak Springs and Fort Walton Beach's public skateboarding areas is a state law passed in 1999 that reduces exposure to liability from lawsuits that often made the http://www. nwfdailynews. com/archive/focus/000522newsfoc l .html 12/3/02 Nprthwest Florida Daily News cost of insurance prohibitive. Page 4 of 4 -, The Florida law follows similar landmark legislation in California in 1996 that spurred municipal skateboarding parks. Gene Peters, Fort Walton Beach's Parks and Recreation director, said without Florida's new legislation the new BMX and skateboarding facilities would not be going up. "That made a big difference," he said. "We've been getting citizen request to do this." Mark Stosberg sees no end to the spurt in popularity of skateboarding. The 24-year-old Richmond, Ind., skateboarder provides an Internet resource, called skatepark.org, for communities and individuals looking to start skateparks. "I compare the skatepark boom to the playground movement a hundred years ago," he said. "Some cities are putting them in public parks and others on display as landscaping in a downtown area. It's as popular as other activities that have public funding, so why shouldn't skateboarders have their place funded too?" The 20-year-old Chisholm agrees. "There's more people skateboarding than I've ever seen before," he said. "The image is changing. It's past time for police to stop driving you home just for walking down the street with a skateboard in your hand. That gets old." • Staff Writer Duwayne Escobedo can be reached at 936-8600 or duwa ny ee(c~nwfdailynews.com COPYRIGHT NOTICIr The entire contents of Northwest Florida Daily News Online, including its logotype, are fully protected by copyright and registry and cannot be reproduced in any form for any purpose without written permission from Northwest Florida Daily News. Cc; 1997-2000 NORTHWEST FLORIDA DAILY NEWS ~.. http://www.nwfdailynews.com/archive/focus/000522newsfocl html I~i:~m SKATEPARK INLINE AND SKATEBOARD PARK [Home] [U~] CHECK BACK HERE FOR PICTURE UPDATES Page 1 of 3 On Friday July 20th, 2001 opening ceremonies were held for the new Manchester Skate Park, located on North Main Street. From changes in liability statutes to funding and land acquisition, the proposal and development of this new skate park had to overcame many obstacles. However, after receiving numerous letters from town residents pleading the need for anew skate park, the Manchester Parks and Recreation Department lent its resources, support and addressed these concerns. A public hearing discussed the advantages and disadvantages of developing a park of this type. More than one hundred residents showed up for that hearing. Research had to be done regarding location, design, equipment, safety regulations, and liability. In September of 1999 the committee, along with the endorsement of http://recreation.ci.manchester.ct.us/skatepark.htm 11/20/02 SKATEPARK Page 2 of 3 the Parks and Recreation Commission, presented their plan to the Manchester Board of Directors. Subsequently, the Board of Directors put the proposal out to referendum and in November of 1999, Manchester residents voted overwhelmingly in favor of a new skate park. Located at Robertson Park adjacent to the tennis courts, the park is 14,400 square feet and consists of precast concrete structures. The park hosts two separate skating areas for beginners and advanced skaters. Membership/Day Pass Use of the Manchester Skate Park is restricted to Manchester residents only. However, resident members may bring local or out of town guest/s for an additional fee. Proof of residency is required upon purchase of a membership/day pass. A membership or daily pass can be purchased at the Community "Y" Rec Center during Center and Park hours of operation (Facility pass is not valid at the Skate Park). Release Form All users are required to sign a release form prior to using the park. Users under the age of 18 must have a parent or guardian to purchase a pass and sign a release form. Resident Fee: $25 season $5 daily Guest Fee: $5 daily `""" All guests must be accompanied by a resident member. Rules & Regulations Not permitted in Skate Park 1. Bicycles, scooters, food, drink, or animals. 2. Unsupervised skating when park is closed. 3. Rough play or profanity. 4. Being disrespectful to staff and skaters. 5. Disregarding a skater's right of way. 6. Children under the age of 8 without parental supervision. 7. Children under the age of 7. 8. Non-residents without resident guest. 9. Non-member without pass. 10. Smoking in or outside of park. Safety Equipment Required safety equipment must be worn at all times. Skateboarders Are required to wear helmets, knee and elbow pads. In-line Skaters Are required to wear helmets, knee and elbow pads, and wrist guards. ,,. Spring Hours of Qperation April thru the last day of school Monday - Friday: 3 p.m. -dark http: //recreation. ci. manchester. ct. us/skatepark. htm 11 /20/02 S~ATEPARK L Saturday, Sunday & Holidays: 1 p.m.- dark Fall Hours of Operation Labor Day -October 31 Monday - Friday: 3 p.m. -Dark Saturday 1 p.m. -Dark & Sunday: 1 P.M. TO SUNSET * Park will close due to inclement weather. Check out this video tour of the park, you can right click and save and then view this video. http://recreation. ci. manchester. ct. us/skatepark. htm Page 3 of 3 11 /20/02