10-23-00 v T 1
CITY OF ATLANTIC BEACH
• COMMISSION MEETING
October 23, 2000
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of October 9, 2000
2. Courtesy of Floor to Visitors:
3. Unfinished Business from Previous Meeting
A. Follow-up report from the meeting of October 9, 2000 (City Manager)
B. Discussion and possible action regarding proposed installation of pedestrian gate to
Hanna Park(Comm. Borno)
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 Occupational License,Public Safety and Utility Sales
reports (City Manager)
B. Award contract to T.W.Blount,Jr.and Son Contracting Company for Effluent Outfall
Repairs(Additive Alternate No. 1 of Bid No. 9900-15)in the amount of$44,220,and
authorize the City Manager to sign the contract (City Manager)
5. Committee Reports:
6. Action on Resolutions:
A. Resolution No. 00-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE JACKSONVILLE TREE PRESERVATION CHARTER
AMENDMENT (Comm. Mitchelson)
7. Action on Ordinances:
A. Ordinance No. 20-00-49 - Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 2000/2001 BEGINNING
• OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001
, .
elPage Two AGENDA October 23, 2000
8. Miscellaneous Business:
A. Authorize the City Manager to finalize and submit an application to participate in the
ISO Community Rating System(City Manager)
B. Approve implementation of proposed leave sell-back policy,effective December 2000
(City Manager)
C. Authorize the Mayor to execute a Florida Inland Navigation District (FIND) grant
assistance program Project Agreement for Dutton Island construction project (City
Manager)
D. Authorize the Mayor to execute a FIND grant assistance program Project Agreement
for the design of a fishing and viewing pier in Dutton Island Preserve(City Manager)
E. Approve a contract with Charles Bassett&Associates,Inc. for various land surveying
projects (City Manager)
F. Approve increase of$8,633 and authorize renewal of the contract with First Vehicle
Services for vehicle maintenance for the period November 15,2000 through November
14, 2001 (City Manager)
9. City Manager Reports:
• 10. Reports and/or requests from City Commissioners and City Attorney
Report on Jacksonville Tree Ordinance - 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,any agenda
subject,regardless of how the matter is stated on the agenda,may be acted upon by the City Commission.
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,October 20,2000.
• v v
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC O O
BEACH CITY COMMISSION HELD IN CITY HALL,800 SEMINOLE E E
E E
ROAD AT 7:15 P.M. ON MONDAY,OCTOBER 23,2000 s s
• PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tern
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager M S
Alan C. Jensen, City Attorney o E
Maureen King, City Clerk T C
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COMMISSIONERS
The meeting was called to order by Mayor Meserve at 7:15 p.m. The
invocation was given by Commissioner Beaver followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the regular meeting held
October 9, 2000
The minutes of the Regular Meeting held October 9, 2000 were
•
unanimously approved as presented.
2. Courtesy of the floor to visitors:
Mayor Meserve stated that he had received a letter from a resident who
felt the Commission did not take the comments of citizens seriously.
Mayor Meserve assured everyone that the Commission listened to the
citizens, took their comments very seriously and voted in the best interest
of the whole community. He further explained that many items of
concern required additional research, and these items were addressed in
the follow-up report from the City Manager at the next meeting.
Pat Pillmore of 995 Camelia Street requested that the city do something
to repair the "dip" in the road on A-1-A near Mayport Village as part of
the Mayport Waterfronts Program, since she felt it was caused by recent
construction.
Pedestrian Gate - Hanna Park
The following citizens spoke in opposition to the proposed installation of
• a pedestrian gate to Hanna Park to be located at the end of Seminole
Road (Item 3B): Duane Roberts of 2307 Beachcomber Trail, Lynne
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• Majefski of 2133 Seminole Road -#4, representing Seminole by the
Sea Homeowners' Association, Wayne Lasch of 2335 Fiddlers Lane,
Mark Adamec of 136 Oceanforest Drive North, Kirk Hanson of 2393
Ocean Breeze Court, Mike Grossberg of 50 Ocean Breeze Drive,
Roger Gobert of 2220 Beachcomber Trail, Paul Theofan of 91 Ocean
Breeze Drive, Larry Walshaw of 90 Ocean Breeze Drive, Stephen
Kuti of 1132 Linkside Drive, Ray Coleman of 438 Inland Way, Rick
Ard of 2323 Barefoot Trace, Daffin Oakley of 54 Oceanside Drive,
Lee Hutchins of 70 Ocean Breeze Drive, Sonny McDowell of 2400
Seminole Road, Sylvia Simmons of 211 Beach Avenue, and Jeffrey
Johnson of 2322 Beachcomber Trail. The reasons cited for the
opposition were increased traffic on Seminole Road, increased parking on
Seminole Road and a general concern for public safety.
Letters opposing the opening of a gate were received from the following
citizens: J. Carlos Quintana of 2297 Oceanside Ct., Mary and Eric
Bryson,Jackie and Robert Castranova of 2261 Oceanwalk Drive
West, Elsye and Bill Viola of 2319 Beachcomber Trail, R. Haas of
2213 Alicia Lane and Ken and Andrea Haas of 2338 Fiddlers Lane.
The following citizens indicated they were not opposed to the gate, but
• felt there were safety issues to be addressed before allowing it to be
opened: Peter Sapia of 1655 Selva Marina Drive and Steve Abrass of
2317 Barefoot Trace.
City of Jacksonville Tree Preservation Charter Amendment
The following citizens spoke in support of the City of Jacksonville Tree
Preservation Charter Amendment: Bill Brinton of 1835 Challen
Avenue, Jacksonville; Billy Morris of 1433 Beach Avenue, the
current President of Greenscape; Kelly Elmore of 1650 Beach
Avenue; and Sylvia Simmons of 211 Beach Avenue.
Stephen Kuti of 1132 Linkside Drive, complained that he had not
received a response to two letters he had written containing questions
concerning the core city drainage project.
Peter Sapia of 1655 Selva Marina Drive spoke concerning special
interest groups and urged the Commission to avoid running the city by
"survey," and to consider what was best for all of the citizens of Atlantic
Beach.
• J.P. Marchioli of 414 Sherry Drive pointed out that the striping of the
handicapped area at Bull Park had not been completed and requested
that a handrail be installed at the circular seating area at the park. Mr.
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• Marchioli supported construction of a skateboard park at another
location, but felt skateboards should not be allowed in Bull Park.
A. Follow-up report from the meeting of October 9, 2000 (City
Manager)
City Manager Hanson provided additional information on the following
items in his written report:
Ardella Road Traffic Study
It was reported that the traffic study conducted on Ardella Road indicated
the average speed to be 17 mph, and staff were recommending against
installing speed bumps.
Boat Parked in Front Yard - 887 Stocks Street
It was reported that the man who was given the citation for parking his
boat in the front yard had been given an additional thirty days in order to
apply for a variance with the Community Development Board.
• Unopened Portion of Church Road
It was reported that one-half of the right-of-way of the unopened portion
of Church Road belonged to the City of Jacksonville and they would have
to agree with the opening of the road.
It was the consensus of the Commission that staff pursue the opening of
the road, gather additional information regarding costs and bring their
findings back to the Commission.
Joint Sanitation Bids with the City of Neptune Beach
It was reported that the joint bid date with the City of Neptune Beach had
been tentatively scheduled for December 1, 2000, with similar language,
as much as possible, being used in both bids.
B. Discussion and possible action regarding proposed
installation of pedestrian gate to Hanna Park(Commissioner
Borno) BEAVER X
BORNO X X
Motion: Defer consideration of opening the Hanna Park gate MITCHELSON X
until the issues of placement, design, funding and installation WATERS X
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are addressed in the future. MESERVE X
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• Commissioner Borno expressed concerns for safety related to increased
bicycle and vehicular traffic on Seminole Road and stated he did not view
this as a neighborhood issue.
Commissioner Waters felt that a public hearing should have been held
concerning this issue and that the old Sherry Drive right-of-way would
provide a better route to the park, if the residents approved.
Commissioner Mitchelson stated that he initially approved the opening of
the gate, but based upon what was said this evening, he felt no action
should be taken at this time.
Mayor Meserve provided background information concerning the gate
and indicated that at no time was a gate of any type being forced on the
citizens of Atlantic Beach. He reported that the Metropolitan Planning
Organization (MPO) had been discussed the possibility of providing
connectors for a bike path from Fernandina Beach to St. Augustine, and it
was felt that opening of the gate would provide a needed connection for
the proposed Buccaneer Bike Trail. .
Mayor Meserve acknowledged the concerns expressed and stated that he
0 had also received many letters and telephone calls in support of opening
the gate. BEAVER X
BORNO X X
Amendment to the motion: There will be no discussion on the MITCHELSON x
gate unless a public hearing is held first. WATERS X X
MESERVE X
Discussion ensued following which the amendment to the motion failed
unanimously, and the main motion carried unanimously.
4. Consent Agenda:
Commissioner Borno requested that Item 4A be removed from the
Consent Agenda for further discussion.
B. Award contract to T.W. Blount,Jr. and Son Contracting for
Effluent Outfall Repairs (Additive Alternate No. 1 of Bid No.
9900-15) in the amount of$44,220, and authorize the City
Manager to sign the contract(City Manager) BEAVER x
BORNO x x
Motion: Approve Consent Agenda Item B as recommended. MITCHELSON x
WATERS X x
There was no discussion and the motion carried unanimously. MESERVE X
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A. Acknowledge receipt of monthly Occupational License,
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IIIPublic Safety and Utility Sales reports (City Manager)
Commissioner Borno stated that the format for the Code Enforcement
Board report had changed and he would like the cases appearing before
the board to be included in future reports.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 00-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING THE JACKSONVILLE TREE
PRESERVATION CHARTER AMENDMENT (Comm.
Mitchelson) BEAVER X X
BORNO X
Motion: Approve Resolution No. 00-15. MITCHELSON X X
WATERS X
Commissioner Mitchelson stated that he would have preferred stronger MESERVE x
0 language in the City of Jacksonville Tree Preservation Charter
Amendment, but he felt it was much better than the current Jacksonville
Ordinance. He further stated that the City of Atlantic Beach tree
ordinance would not be affected by the referendum and urged the
Commission to support the Duval County Tree Preservation Amendment.
Commissioner Mitchelson distributed a change to Resolution No. 00-15,
as suggested by City Attorney Jensen.
Motion to Amend Resolution No. 00-15: Insert the following BEAVER X X
paragraph as the eighth paragraph beginning with the word BORNO X
"whereas" on page one of the resolution: "Whereas, the City MITCHELSON X X
of Atlantic Beach, however, is not acknowledging by the WATERS x
MESERVE X
passage of this Resolution that the proposed Charter
Amendment, if adopted by the voters of Duval County,would
be applicable in the City of Atlantic Beach, and is not
acknowledging that the City of Atlantic Beach would be
required to enforce any provisions of the proposed Charter
amendment."
Discussion ensued and some doubt was expressed as to whether or not
the Jacksonville Tree Preservation Amendment would affect the City of
• Atlantic Beach.
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illMayor Meserve indicated that he had spoken with Mayor Delaney who
had assured him that the City of Jacksonville had no intention of
usurping the City of Atlantic Beach home rule authority.
There was no further discussion and the motion to amend the resolution
and the main motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 20-00-49 - Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 2000/2001 BEGINNING
OCTOBER 1,2000 AND ENDING SEPTEMBER 30,2001 BEAVER X
BORNO X X
Motion: Approve Ordinance 20-00-49 on first reading. MITCHELSON X X
WATERS X
Mayor Meserve announced that the public hearing and final reading of MESERVE X
the ordinance would take place on November 13, 2000.
There was no discussion and the motion carried unanimously.
• 8. Miscellaneous Business:
A. Authorize the City Manager to finalize and submit an
application to participate in the ISO Community Rating
System (City Manager)
BEAVER X
BOMotion: Authorize the City Manager to finalize and submit MITCHELSON O X X X
an application to participate in the ISO Community Rating WATERS X
System. MESERVE X
Community Development Director Worley explained the Insurance
Services Office rating system and indicated that participation in the
system could potentially reduce insurance rates since the city already uses
procedures which meet or exceed those required by FEMA,the ISO and
the DCA.
There was no discussion and the motion carried unanimously.
B. Approve implementation of proposed leave sell-back policy,
effective December 2000 (City Manager) BEAVER X
BORNO X X
Motion: Approve implementation of proposed leave sell-back MITCHELSON X X
III policy, effective December 2000. WATERS X
MESERVE X
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• City Manager Hanson explained the proposed policy in detail. In
response to Commissioner Waters' inquiry of how the policy would
work, Human Resource Director Foster provided examples of how the
employee would pay taxes on the overage from the selected maximum
limit.
There was no further discussion and the motion carried unanimously.
C. Authorize the Mayor to execute a Florida Inland Navigation
District (FIND) grant assistance program Project Agreement
for Dutton Island construction project (City Manager)
BEAVER X
Motion: Authorize the Mayor to execute a Florida Inland BORNO X X
Navigation District (FIND) grant assistance program Project MITCHELSON X X
WATERS X
Agreement for Dutton Island construction project. MESERVE x
Commissioner Waters thanked staff for working so diligently to obtain
the grant funding for Dutton Island.
There was no discussion and the motion carried unanimously.
• D. Authorize the Mayor to execute a FIND grant assistance
program Project Agreement for the design of a fishing and
viewing pier in Dutton Island Preserve(City Manager)
BEAVER X
BORNO X X
Motion: Authorize the Mayor to execute a FIND grant MITCHELSON X X
assistance program Project Agreement for the design of a WATERS X
fishing and viewing pier in Dutton Island Preserve. MESERVE x
There was no discussion and the motion carried unanimously.
E. Approve a contract with Charles Bassett & Associates, Inc.
for various land surveying projects (City Manager) BEAVER X
BORNO X X
Motion: Approve a contract with Charles Bassett & MITCHELSON X X
Associates, Inc. for various land surveying projects. WATERS x
MESERVE X
City Manager Hanson explained that survey work was needed for
surveying in connection with various projects mostly involving the rights-
of-way disputes, and it was felt that an annual contract or surveying
would mean more work for the surveyor, and better prices and service for
the city.
0 There was no further discussion and the motion carried unanimously.
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• F. Approve increase of$8,633 and authorize renewal of the
contract with First Vehicle Services for vehicle maintenance
for the period November 15,2000 through November 14, 2001
(City Manager)
Motion: Approve increase of$8,633 and authorize renewal of BORNO X
the contract with First Vehicle Services for vehicle MITCHELSON X
maintenance for the period November 15,2000 through
November 14, 2001.
City Manager Hanson stated that since the memo had been written, he
had spoken with Public Works Director Kosoy, and he was
recommending that the $4,000.00 for tire replacement be removed from
the regular contract and handled as a non-covered item and pay the cost
as the need arises.
At this time, the motion and second were withdrawn.
BEAVER X
Motion: Approve increase of$4,633 and authorize renewal of BORNO X X
the contract with First Vehicle Services for vehicle MITCHELSON X X
maintenance for the period November 15, 2000 through WATERS X
November 14, 2001. MESERVE X
•
Discussion concerning the damaged tires ensued and it was explained that
the rocky, temporary roads at the landfill were damaging sludge truck
tires. Commissioner Mitchelson suggested the use of rubberized road
mats such as those used during Desert Storm to save the tires.
There was no more discussion and the motion carried unanimously.
9. City Manager Reports:
• Reported that the City had received Blue Wave Certification and
displayed the sign and flag signifying the designation. All three
beach cities have received the certification, and the Visitors and
Convention Bureau will include this important fact in future
literature advertising Jacksonville and the beaches.
• Reported that progress had been made on the organizational
problems associated with the air show. The City of Jacksonville
has agreed to participate by acting as the bank for the event and
would lend its expertise to provide sponsors.
• • Provided follow-up information concerning a police department
sergeant involved in an incident resulting in a five day suspension
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• and one year's probation. Police Chief Thompson was
commended for his handling of the incident.
10. Reports and/or requests from City Commissioners and City
Attorney
Report on Jacksonville Tree Ordinance- City Attorney
City Attorney Jensen inquired if the Commission had seen the letter from
the General Counsel Office and stated that the letter indicated that it was
their opinion that the Charter Referendum Amendment will apply
countywide. City Attorney Jensen stated that he did not agree with that
opinion, but it was not thought to be of concern at this time. He
indicated that enforcement of the ordinance was a concern (Section 25.04
of the proposed amendment), and this ultimately would have to be
decided by the court.
City Attorney Jensen felt that the intent was that the existing City of
Atlantic Beach Tree Ordinance would prevail, but the city should closely
monitor the situation. He suggested that someone from the city attend a
hearing on Monday, October 30th at 10:00 a.m. in Judge Cole's Chambers
• regarding the pending lawsuit.
Commissioner Waters
• Thanked the City Manager for working with the City of Neptune
Beach on the sanitation bid, and thanked Chief Thompson for
using forfeiture money for funding the various projects noted
under Item 7A.
• Commented on a letter received from Keith Falt concerning the
streets in Selva Norte and felt the city should open a dialogue with
the residents regarding paving of the streets.
• Commented on the skateboarders using the monument in Bull
Park and expressed concern that it would be damaged by
skateboards and wax residue. City Manager Hanson indicated
that the area was not designed for skateboards, but it had been
inspected and there was no apparent damage to the monument.
He further stated there was no ordinance against skateboarding in
the park, but he did not want skateboarders using the tennis
courts. He indicated that a decision would have to be made
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concerning the use of the park by skateboarders.
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• Commissioner Mitchelson
• Thanked the Commission for their support of his resolution
supporting the Jacksonville Tree Preservation Charter
Amendment.
• Announced that the Teen Council would be sponsoring an all day
Surfing Contest on Saturday, October 28th from 8:00 a.m. to 5:00
p.m. The contest is an ESA sanctioned event and live music and
food will be provided.
Commissioner Borno
• Agreed with Commissioner Waters' comments concerning the
Selva Norte - Selva Marina Streets.
Commissioner Beaver
• Reminded the Commissioners of the10:00 a.m. meeting at the
• Adele Grage Community Center on Saturday, October 28th to
receive citizen input on the design for remodeling the building.
He invited everyone to attend the meeting.
Mayor Meserve
Borno
• Concurred with Commissioners Waters and-Beaier-regarding the
Selva Streets. He felt the city should take control of the streets,
map them and include them in the city's strategic plan with
funding identified for their repair/maintenance.
• Stated he would like the City Manager's contract and salary to be
included on the next agenda for Commission action.
• Further commented on Commissioner Waters' request for a
public hearing on the Hanna Park gate and reiterated that at no
time was a gate of any type being forced on the citizens of
Atlantic Beach.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:00 p.m.
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Mayo ' esi•'ng Officer
ATTEST:
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Maureen King
Certified Municipal
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