05-10-99 vCITY OF ATLANTIC BEACH
COMMISSION MEETING - May 10, 1999
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of April 26, and joint meeting
with the City Manager Citizen Advisory Board of April 26, 1999
2.Courtesy of Floor to Visitors:
A. Proclamation declaring May as Multiple Sclerosis Awareness Month(Mayor)
B. Proclamation declaring the week beginning Sunday, May 9, 1999 as Nursing Home
Week (Mayor)
C. Proclamation declaring the week May 16 through May 22, 1999, as Public Works
Week (Mayor)
3.Unfinished Business from Previous Meeting
A. Report by the City Attorney with reference to Home Rule,and JTA's compliance with
local ordinances,as requested by the City Commission at a Special Called Meeting on
May 3, 1999 (Mayor)
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, Code Enforcement,
Occupational License,and Recreation Departments for the month of April 1999(City
Manager)
B. Award contract to Insituform Technologies, Inc. in the amount of$239,305.00 for
Lining sanitary sewers and wetwells pursuant to the specifications of Bid 9899-21 and
authorize the City Manager to sign the contract (City Manager)
C. Authorize the Mayor to sign the State Revenue Sharing Application for Fiscal Year
1999-2000 (City Manager)
D. Reject all bids received for Lawn Maintenance Service at City Facilities, pursuant to
the specifications of Bid No. 9899-19 (City Manager)
E. Award a contract to Court Surfaces, Inc. in the amount of$11,460.00 to rehab two
racquetball courts at Jack Russell Park,pursuant to the specifications of Bid 9899-22
City Manager)
Agenda was amended to add item 3A.
Page Two AGENDA May 10, 1999
5.Committee Reports:
A. Report and recommendations of the City Manager Citizen Advisory Board (Sylvia
Simmons, Chair)
6.Action on Resolutions:
A. Resolution No. 99-12
A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999,FOR THE PURPOSE
OF PROVIDING ADDITIONAL FUNDS FOR LINING SANITARY SEWERS
AND WETWELLS AT VARIOUS LOCATIONS ASSOCIATED WITH BID
9899-21 (City Manager)
B. Resolution No. 99-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REDUCING THE INTEREST RATE ON THE ASSESSMENTS FOR
IMPROVEMENTS MADE IN SECTION H,AND PROVIDING AN EFFECTIVE
DATE (Commissioner Mitchelson)
7.Action on Ordinances:
8.Miscellaneous Business:
A. Public Hearing and action on a request for a Use-by-Exception filed by Dirk
Mueggenburg to operate a wholesale herbal tea and vitamin business at 1179 Atlantic
Boulevard, zoned Commercial General (CG)(City Manager)
B. Public Hearing and action on a request for a Use-by-Exception filed by David
Rockwood to operate a painting contractor business on property located at the
southwest corner of Edgar Street and Mayport Road, zoned Commercial General
CG)(City Manager)
C. Public Hearing and action on a request for a Use-by-Exception filed by Randy Wilson
to operate a boat trailer sales and service business at 1860 Mayport Road, zoned
Commercial General (CG)(City Manager)
D. Waive the formal bidding requirements and award a contract to Hightower
Geotechnical Services,Inc. to perform repairs to the Buccaneer Operations Building
at a cost of$12,316.00, and authorize the City Manager to sign the contract (City
Manager)
E. Approve the Final Change Order for Levy Road Improvements for Petticoat
Contracting, Inc., in the amount of $26,721.68, representing an increase of
11,073.18 in the total contract price (City Manager)
F. Discussion and related action on proposed agreement with the City of Jacksonville
regarding Advanced Life Support and Fire Services for Atlantic Beach (Mayor)
G. Action on Fire Department Bargaining Contract (City Manager)
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Page Three AGENDA May 10, 1999
H. Action on a request from the Teen Council to hold a Punk Music Concert in Jack
Russell Park (City Manager)
I.Approve the proposal of Landers Atkins Planners, Inc. in the amount of$27,583.00
to design a master plan for Pine (Dutton) Island and authorize the City Manager to
sign the contract (City Manager)
J.Action on the recommendation of the Community Development Board to amend the
Zoning Code to clarify fence regulations on corner lots (City Manager)
9.City Manager Reports:
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.
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,May
7, 1999.
v v
O O
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T T
BEACH CITY COMMISSION HELD IN CITY HALL, 800 E E
0 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, MAY 10, 1999 S S
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: David Thompson, City Manager
Maureen King, City Clerk M S
Alan C. Jensen, City Attorney O E
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The meeting was called to order by Mayor Pro Tem Meserve at 7:20 p.m.ONE N
The Invocation was offered by Commissioner Borno, followed by the COMMISSIONERS N D S 0
Pledge of Allegiance to the Flag.
Mayor Shaughnessy entered the meeting at this time.
1. Approval of the minutes of the Regular Meeting held
April 26, 1999.
The Mayor asked for corrections or amendments to the minutes, and there
were none.
The minutes were unanimously approved as presented.
2. Approval of the minutes of the Joint Meeting with the City
Manager Citizen Advisory Board held April 26, 1999.
The Mayor asked for corrections or amendments to the minutes, and there
were none.
The minutes were unanimously approved as presented.
In deference to Ray Alfred, Director/Fire Chief of Jacksonville Fire and
Rescue, Item 8F was taken out of sequence and acted on at this time.
F. Discussion and Related action on Proposed Agreement with the
City of Jacksonville Regarding Advanced Life Support and Fire
Services for Atlantic Beach (Mayor)
BEAVER X
Motion: Approve the agreement with the City of Jacksonville BORNO X X
for Advanced Life Support and Fire Services for the City of
MESERVE x X
MITCHELSON X
Atlantic Beach and authorize the Mayor to sign the appropriate SHAUGHNESSY X
contract documents.
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Mayor Shaughnessy introduced Chief Ray Alfred and provided a brief
account of Chief Alfred's career prior to coming to the City of Jacksonville,
and stated he was present to answer any questions the Commission might
have concerning the proposed agreement.
Commissioner Borno inquired concerning tenure. Mayor Shaughnessy
responded there was no recognition of tenure in the agreement.
Chief Alfred explained that in terms of time and grade,the Atlantic Beach
firefighters would not lose pay and their years of service would count
toward retirement and pension. For those individuals who have tenure,the
tenure will continue and they will have the same opportunities as
Jacksonville Fire and Rescue personnel. He further explained that all
Atlantic Beach firefighters would come in at entry level with a pay raise
from their current salaries. He indicated that entry level personnel would
not get points toward promotional exams for longevity. Engineers will have
to serve the same amount of time as Jacksonville personnel, which is one
year as an Engineer, after which they will be eligible to take the exam for
lieutenant. He indicated that the Atlantic Beach Chief would come into
the department with the rank of lieutenant and would also have to serve one
year before being eligible to take the Captain's exam.
Commissioner Borno then inquired as to the pre-employment testing
requirements. Chief Alfred stated some consideration may be given to
waive certain tests if they were recently administered to Atlantic Beach
personnel. He indicated there would be psychological and medical exams,
a physical agility test, a drug test and because of the life insurance
requirements,the firefighters must be non-smokers. He also stated that the
90 day probationary period for benefits would be waived.
Commissioner Beaver inquired if any consideration would be given to any
firefighter who might fail a test. Chief Alfred responded that they would be
give a reasonable opportunity to qualify, which is in the contract.
Commissioner Mitchelson expressed concern that individuals who had
stayed with the city for many years would lose points for longevity and said
he did not want them to be placed in an unfair situation.
Chief Alfred indicated that extensive discussions concerning this matter had
taken place, with arguments heard on both sides. He stated that absent
longevity points, there was no difference in that both Jacksonville and
Atlantic Beach firefighters will have to serve one year before being eligible
to take the exam for promotions. Chief Alfred believed the Atlantic Beach
personnel would have ample time to compete. Chief Alfred believed that
the agreement was fair to both sides and reiterated that in terms of tenure,
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it will be applied to the retirement/pension system.
Chief Alfred believed it was a good agreement that will bring advanced life
support service (ALS) to the city and provide standardized protection for
the entire county.
Commissioner Mitchelson inquired concerning the schedule for testing and
stated he would like to know the outcome of the tests before voting on the
contract.
Chief Alfred stated the target date for the changeover had been set for June
1, 1999, and it may have to be changed in order to give time to go through
the personnel files and review the records. He indicated some tests, such
as the physical exam and agility tests, could possibly be waived if they
were conducted within the past 120 days,but those items would have to be
determined after review of the files. Chief Alfred indicated that he was in
no immediate rush to get this done, and if the Commission wished to have
the testing completed before implementation,he would be amenable to this.
Commissioner Mitchelson then inquired as to why the agreement was good
for the City of Jacksonville.
Chief Alfred responded that it allowed the City of Jacksonville to
standardize equipment, coverage, and protection for the county,producing
mutual benefits for everyone involved.
Commissioner Mitchelson inquired concerning the availability of a ladder
truck for Atlantic Beach. Chief Alfred stated that one was not available
presently,but may be available in the future. He indicated that the closest
ladder truck, in addition to the one in Jacksonville Beach, was located at
Regency and would respond if needed. Chief Alfred indicated that there
were seven ladder companies serving the entire county (840 square miles)
and this was a concern which is being investigated.
Commissioner Meserve inquired as to Chief Alfred's goals relative to
response time.
Chief Alfred stated he could see no reason for not maintaining the same
response time or improving it,unless there would be an increase in service
demands within the city.
Commissioner Meserve stated he had five concerns, all which have been
addressed except what would happen if the agreement does not work out
some years in the future. Commissioner Meserve expressed concern that
the City of Jacksonville owned all of the equipment and if they terminated
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III the a reement, Atlantic Beach would have to a ui a fire de artment ongqPP
short notice.
Chief Alfred indicated that this was a mutual concern during negotiations,
and pointed out that the agreement allows either party to terminate with
one year's advanced notice. He felt there was room within the agreement
to amicably handle any disagreement that may come up, and indicated the
city would not be left without protection.
At this time Chief Alfred distributed copies of a financial breakdown of
pay adjustments for the Atlantic Beach firefighters. The document is
attached and made part of this official record as Attachment A.
Mayor Shaughnessy opened the public hearing and invited comments.
Christopher Younger of 40 Millie Drive, Jacksonville Beach, contract
negotiator with the Professional Fire Fighters of Jacksonville Beach, IAFF
L-2622, stated he was representing the Atlantic Beach firefighters and
would answer any questions from the Commissioners. Mr. Younger,who
is an Atlantic Beach firefighter, supported the agreement.
Stephen Kuti of 1132 Linkside Drive stated that the public had not had an
opportunity to review the contract, and expressed concern that the level of
service would decline. He also inquired if there would be cost savings to
the city by entering into the agreement.
James Hill of 372 Second Street(a Lieutenant on the Atlantic Beach Fire
Department who was on duty)asked permission from City Manager/Public
Safety Director Thompson to ask a question of a critical nature concerning
his own future with the Jacksonville Department.
Lt. Hill stated he supported the agreement but wanted to make the
Commission aware of the impact it would have on two long tenured
employees. Lt. Hill, a seventeen year veteran of the Fire Department,
stated that leave time for him with Jacksonville would accrue at a lower
rate which would greatly affect his quality of life. He also believed it
would be more difficult for him to advance because he would not get any
points for years of service when taking an exam and would probably never
be promoted.
Since no one else wished to speak, Mayor Shaughnessy closed the public
hearing.
Mayor Shaughnessy stated she had previously indicated she wished to
treat the agreement as an ordinance and hold two public hearings in order
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to have time for citizen review of the agreement. She then stated that the
reason the City of Jacksonville could operate the Atlantic Beach station at
a lower cost was that the two man rescue unit stationed in Neptune Beach
would be moved to Atlantic Beach, which required additional funding for
three men.
Mayor Shaughnessy inquired how much leave Lt. Hill would lose and he
responded his leave days would be cut in half. Chief Alfred stated that he
would get 20 twelve hour days leave per year with the City of Jacksonville.
Mayor Shaughnessy then inquired concerning dispatching priority. Chief
Alfred stated that it depended upon the circumstances of the call and
explained the procedure in detail, including mutual aid precedence.
Mayor Shaughnessy requested that Chief Alfred repeat the testing
procedure. Chief Alfred assured the Mayor that the testing process was not
intended to weed out the sixteen Atlantic Beach firefighters with the intent
to get rid of them. He stated it would be a fair process.
Mayor Shaughnessy then requested further comments concerning the
inability of making rank as suggested by Lt. Hill. Chief Alfred disagreed
0111)
and felt that Atlantic Beach firefighters would do very well, that the
opportunities were there and they would be competitive.
Discussion ensued concerning the overall agreement and Mayor
Shaughnessy felt the agreement seemed to negatively impact the long time
employees.
BEAVER X
Motion: Defer action on the agreement until the June 14, 1999 BORNo X
Commission Meeting.
ME SERVE X
MITCHEL SON X X
SHAUGHNESSY X X
Commissioner Mitchelson stated he would like to defer action in order to
give time for public review of the agreement and to learn the outcome of
the testing. Mayor Shaughnessy stated it would give her time to further
investigate other aspects of the agreement.
Commissioner Meserve felt the city would gain no new knowledge by
deferring this matter and believed the best course of action would be to
move forward. Commissioners Borno and Beaver concurred with
Commissioner Meserve.
Mayor Shaughnessy called a recess at 8:40 and reconvened the meeting at
8:45.
The motion to defer failed by a three to two roll call vote as follows:
Commissioner Beaver, nay, Commissioner Borno, nay, Commissioner
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Meserve, nay, Commissioner Mitchelson, aye and Mayor Shaughnessy,
aye.
There being no further discussion, the motion to approve the agreement
carried unanimously by roll call vote as follows: Commissioners Borno,
Meserve, Mitchelson, Beaver and Mayor Shaughnessy voting aye.
Introduction of District 3 Council Member Elect Jerry Holland
Mayor Shaughnessy introduced Jerry Holland,City of Jacksonville Council
Member elect from District 3, and read a letter she had written to the
Commissioners outlining Mr. Holland's plan for representing his
constituency. A copy of the letter was distributed to each Commissioner,
and is attached and made part of this official record as Attachment B.
2. Courtesy of the Floor to Visitors:
A. Proclamation Declaring May as Multiple Sclerosis Awareness
Month (Mayor)
Mayor Shaughnessy read the Proclamation in full declaring the month of
May as Multiple Sclerosis Awareness Month in the City of Atlantic Beach.
B. Proclamation Declaring the Week Beginning Sunday, May 9,
1999,as Nursing Home Week(Mayor)
Mayor Shaughnessy read the Proclamation in full declaring the week
beginning Sunday, May 9, 1999 as Nursing Home Week in the City of
Atlantic Beach and presented the document to Commissioner Meserve
for display at Fleet Landing.
C. Proclamation Declaring the Week May 16 through May 22,
1999, as Public Works Week
Mayor Shaughnessy read the Proclamation in full declaring the week of
May 16 through May 22, 1999, as Public Works Week in Atlantic Beach
and presented the Proclamation to Public Works Director Kosoy, Assistant
Public Works Director Kaluzniak, and Jack Baldwin, an employee of the
Public Works Department, for display at the Public Works Building.
Public Works Director Kosoy thanked the Mayor and praised the work of
his employees for the excellent job they do to improve the quality of life for
the citizens of Atlantic Beach.
Item 8H was taken out of sequence and actedted on at this time.
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H. Action on a Request from the Teen Council to Hold a Punk
Music Concert in Jack Russell Park(City Manager)
BEAVER X
Motion: Approve request of the Teen Council to hold a Punk BORNO X X
Music Concert in Jack Russell Park at a cost not to exceed
MESERVE X
MITCHELSON X
1,500.00 to be held Sunday, May 23, 1999.SHAUGHNESSY X X
Mayor Shaughnessy noted that the Recreation Advisory Board had
recommended approval of the request while staff had recommended against
it. Additional information provided by the Teen Council was also
distributed and briefly reviewed by the Commission. The information is
attached and made part of this official record as Attachment C.
Peter Coalson, Recreation Advisory Board liaison to the Teen Council,
explained the requested budget for the event and stated that the members
of the Teen Council had worked diligently to make the event a success.
Commissioner Beaver inquired concerning the power source for the sound
equipment. Mr. Coalson stated that Brooks and Limbaugh, electricians
under contract with the city, had given them a price of$2,130.00 for a
temporary service, $3,500.00 for a permanent service and a portable
generator would cost approximately$200.00.
Commissioner Beaver also inquired concerning radio advertising of the
event and stated he did not favor it. Mr.Coalson stated that there would not
be any radio advertising and flyers advertising the event would be
distributed to local high schools. The Commissioners concurred that radio
advertising would not be a good idea.
Commissioner Borno felt the indicated price for the temporary service was
too high and it would be best to investigate installation of a permanent
service. He also inquired regarding an acceptable decibel level for the
concert since the area surrounding the park is residential.
Mayor Shaughnessy believed supporting this event would afford the city
an opportunity to provide something to do for an age group that had been
neglected in the past. She also felt it would be best to investigate the
permanent electrical service. Mayor Shaughnessy also expressed concern
for the noise, but felt that residents living in close proximity to a park
should expect some noise.
Commissioner Meserve felt this was an inappropriate use of the park and
approval of this concert would open the door for future requests.
CommissionerCossoner Mrtchelson suggested controlling the sound by positioning
the speakers away from the residential area.
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Patricia Goelz, Adult Advisor to the Teen Council, suggested that Fab 3
Sound Equipment may be able to help with the decibel level. Mrs. Goelz
then introduced Teen Council Members Matilda Anderson and Mike Dias
who provided background information on the bands scheduled to perform.
Commissioner Mitchelson advised that there should be no profanity on
stage and suggested the Teen Council request a written agreement from
each band assuring the same.
Commissioner Meserve inquired if the event would be covered under city
insurance and was informed that it would be covered by the city's insurance
and additional insurance was required for the portable stage being rented
from the City of Jacksonville.
BEAVER X
Amendment to the motion: Approve funding not to exceed BORNO X x
3,500.00 for the purpose of installing permanent electrical
MESERVE x
MITCHEL SONservice(100 amp. ) in Jack Russell Park. SHAUGHNESS
X
SHAUGHNESSY X X
Commissioner Beaver advised the Teen Council to put on a good concert
so this event could be the forerunner for others in the future. He suggested
that the residents in the area be forewarned concerning the concert.
Commissioner Mitchelson suggested that the t-shirts have "Staff' printed
on them so they could be washed and used for future events.
BEAVER X
BORNO x
Second Amendment: Have"Staff" printed on the t-shirts so MESERVE x
they can be reused on a recurring basis for Teen Council events. MITCHELSON X X
SHAUGHNESSY X X
Patricia Goelz suggested that"security"be placed on the shirts
It was confirmed that setup for the concert would begin at noon and the
actual event would be held from 1:00 p.m. to 7:00 p.m.
There being no further discussion, the first and second amendments, and
the motion carried unanimously.
Mayor Shaughnessy called a recess at 9:45 p.m. and reconvened the
meeting at 9:55 p.m.
Mayor Shaughnessy requested that a Resolution be placed on the next
agenda to place the first twelve months savings from outsourcing the Fire
Department services into an interest bearing account to set up a restricted
reserve fund to replace fire equipment in case the agreement is terminated
in the future.
Mayor Shaughnessy complimented Peralte Paul of the Shorelines for the
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accuracy of his article on the fire contract.
Clark Schaffer of 309 Magnolia Street distributed petitions and a letter
requesting that the city acquire Lot 305 of Saltair Subdivision,which abuts
Howell Park. The letter and petitions give a detailed history of the land
exchange which was approved ten years ago (Ordinance 95-89-38)
whereby the city agreed to exchange Lot 305 for Lot 316 of Saltair
Subdivision with Mr. William Hixon. The letter and petitions are attached
and made part of this official record as Attachment D.
Mr. Schaffer explained that at the time he purchased his property at 309
Magnolia,he was told that Lot 305 would never be developed and would
remain part of Howell Park. He indicated that no one other than Mr. Hixon
appeared to be aware of the property exchange which was not finalized
until January 22, 1999. He indicated Mr. Hixon has now offered the the
lot for sale.
Mayor Shaughnessy asked the City Attorney to explain the sequence of
events and inquired as to why the Commission was not notified of the
transaction before it took place.
110 City Attorney Jensen explained that in 1989 the Commission determined
they would prefer to have the Hixon lot, but there were problems getting a
clear title to the Hixon property,which took a long time to resolve.
Discussion ensued concerning the chronology of events during the past ten
years. Commissioner Beaver felt that this matter should have come back
before the Commission considering the amount of time that had elapsed.
City Manager Thompson explained that when he became City Manager,he
found numerous old files containing items which appeared to have been set
aside over the years and never resolved. He indicated that he took the
files to City Attorney Jensen and requested that they be cleared up,and this
transaction was one of the items. City Manager Thompson indicated that
he was not aware of the information presented by Mr. Schaffer, and was
under the impression that everyone was aware of the transaction because it
had been done by ordinance and he had no prior discussion with anyone
from the neighborhood concerning this matter.
Commissioner Mitchelson believed the city did not have any options but to
complete the deal because of the ordinance. He felt that once the ordinance
was passed, the transaction was complete and transfer of title was an
administrative matter.
iMayor Shaughnessy requested that consideration of an ordinance be placed
on the next agenda which would provide that no one could conduct any
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type of land transaction without an ordinance and that the ordinance would
include a time limit for the transaction to take place.
Mayor Shaughnessy also requested that consideration of the purchase of
Lot 305 in Saltair Subdivision be place on the next agenda.
3. Unfinished Business From Previous Meeting
A. Atlantic Boulevard/Mayport Road Flyover
JTA-Height Limitations-Definition of Structure
City Attorney Jensen distributed a memo addressing the Commission's
inquiry during a Special Called Meeting held May 3, 1999, concerning if
the Jacksonville Transportation Authority would be required to obtain a
variance to the city's height restrictions contained in the City Code in order
to construct the proposed flyover. The memo dated May 4, 1999 is attached
and made part of this official record as Attachment E.
Mayor Shaughnessy read the definition of "structure"from the code and the
City Attorney's opinion that nothing in the City Code addresses the
situation created by the Mayport Road flyover.
Mayor Shaughnessy stated she would like to refer this matter to the
Community Development Board to see if they would have jurisdiction over
this item or would give their interpretation of the word"structure."
Dezmond Waters, a member of the Community Development Board,
pointed out that in addition to the City Code,the definition of"structure"
from the Southern Standard Building Code (SSBC) must also be
considered. Mayor Shaughnessy requested that Building Official Ford
forward the definition of "structure"from the SSBC to the Commission.
Commissioner Borno suggested that if the Community Development Board
determined that the ordinance needed to be amended, they should come
back to the Commission with the recommended wording for consideration.
Mayor Shaughnessy inquired of Building Official Ford if the definitions
found in the SSBC changed frequently and he replied that they changed
infrequently and the definition found in the Zoning Code came from the
SSBC.
Commissioner Beaver asked City Attorney Jensen if the JTA or FDOT had
authority to overturn a local ordinance - if they were exempt from local
ordinances. City Attorney Jensen advised that was the normal position
taken by them,but he felt if the city had a ordinance that applied to that type
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of structure,he would try to enforce it. He indicated that he was not aware
of anything that would exempt the JTA from enforcement of the ordinance,
however, it may be different for the FDOT.
Mayor Shaughnessy requested that City Attorney Jensen provide the
Commissioners any enabling or enacting legislation on the JTA within
forty-eight hours. City Attorney Jensen replied that he would try to do so.
The Mayor recapped the discussion, and stated that the Commission really
needed to know if the JTA could build the flyover without permission. The
height ordinance would be referred to the Community Development Board
and Mayor Shaughnessy inquired if there would be a timing problem if
flyover"was included in definition of "structure".
City Attorney Jensen advised that the word "flyover" did not have to be
included and suggested that the ordinance be expanded to say that it
applies to any structure whether it can be inhabited or not for living or
business purposes. Mayor Shaughnessy indicated she liked the simplicity
of the suggested language and requested that the City Attorney put it in the
proper form. She then inquired if it would have to be changed throughout
the ordinance or if it could just be placed in the definitions section of the
ordinance. City Attorney Jensen stated he would have to meet with
Community Development Director Worley to assure the changes are made
to each pertinent section of the code.
Mayor Shaughnessy requested that the City Manager coordinate staff efforts
relative to this matter. City Manager Thompson agreed to do so.
4. Consent Agenda:
Commissioner Mitchelson requested that Item 4B be removed from the
Consent Agenda for discussion.
A. Acknowledge Receipt of Monthly Reports from Building, Code
Enforcement, Occupational License, and Recreation
Departments for the Month of April 1999 (City Manager)
C. Authorize the Mayor to Sign the State Revenue Sharing
Application for Fiscal Year 1999-2000 (City Manager)
D. Reject all Bids Received for Lawn Maintenance Service at
City Facilities,Pursuant to the Specifications of Bid No.9899-19
City Manager)
E. Award a Contract to Court Surfaces, Inc. in the Amount of
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11,460.00 to Rehab Two Racquetball Courts at Jack Russell
Park, Pursuant to the Specifications of Bid 9899-22 (City
Manager)
By voice vote Consent Agenda Items A, C, D and E were unanimously
approved as recommended.
B. Award Contract to Insituform Technologies, Inc. in the
Amount of$239.305.00 for Lining Sanitary Sewers and
Wetwells Pursuant to the Specifications of Bid No. 9899-21 and
Authorize the City Manager to Sign the Contract (City
Manager)
Commissioner Mitchelson expressed concern that the city received only
one bid for a project of this size. He felt additional bids were needed and
inquired if there was any urgency for completing the project.
Public Works Director Kosoy explained that the bid packages were sent to
seven firms and three companies had pre-qualified, but two firms which do
mostly sewer main lining had pulled out because they did not want to bid
4110 on lining manholes. It was further explained that the three manholes on
Sea Oats Drive were extremely corroded and needed immediate repair.
Discussion ensued concerning bidding the repairs to the manholes and
sewer linings as separate projects in order to attract more bidders. It was
pointed out that only a few companies perform this type of work and
bidding the repairs as separate projects may or may not resolve the
problem.
Commissioner Borno pointed out and Commissioner Beaver concurred
that there was a great deal of construction going on in the area and
companies doing this type of work were more interested in larger jobs.
BEAVER X
Motion: Award contract to Insituform Technologies,Inc. in the BORNO X X
amount of$239,305.00 for lining sanitary sewers and MESERVE X
wetwells pursuant to the specifications of Bid No. 9899-21 and MITCHEL SON X X
authorize the City Manager to sign the contract. SHAUGHNESSY X
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
0 A. Report and Recommendations of the City Manager Citizen
Advisory Board (Sylvia Simmons, Chair)
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Dr. Sylvia Simmons, Chair of the City Manager Citizen Advisory Board,
reported that the list had been narrowed to eight candidates and no further
meetings had been scheduled pending the direction the Commission wished
to take in the selection process.
Mayor Shaughnessy inquired as to how the Commission wished to proceed
and asked if the Commission wished Mr. Slavin to fly to each candidate's
hometown to do background checks or if they wanted to fly the candidates
to Atlantic Beach for interviews.
Commissioner Meserve felt Mr. Slavin should do background checks on the
eight candidates to see how many would remain in contention and then
make a decision concerning the interview process.
Commissioner Beaver concurred but felt it was not necessary for Mr. Slavin
to travel at this time. Dr. Simmons suggested that Mr. Slavin conduct
phone interviews and check references from his office.
Discussion ensued concerning background checks and drug testing and
City Manager Thompson stated the city would use its own data base for
0 background checks.
It was the consensus of the Commission that Mr. Slavin conduct phone
interviews and check references of the eight candidates, but there would
be no travel at this time.
6. Action on Resolutions:
A. Resolution No. 99-12
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH,FLORIDA,FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND
ENDING SEPTEMBER 30, 1999,FOR THE PURPOSE OF
PROVIDING ADDITIONAL FUNDS FOR LINING
SANITARY SEWERS AND WETWELLS AT VARIOUS
LOCATIONS ASSOCIATED WITH BID NO. 9899-21 (City
Manager)
The Mayor read the Resolution by title only. BEAVER X
BORNO X X
Motion: Adopt Resolution No. 99-12.
MX
MISON X X
SHAUGHNESSY X0Therewasnodiscussionandthemotioncarriedunanimously.
B. Resolution No. 99-13
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A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REDUCING THE INTEREST RATE ON THE
ASSESSMENTS FOR IMPROVEMENTS MADE IN
SECTION H, AND PROVIDING AN EFFECTIVE DATE
Commissioner Mitchelson)
The Mayor read the Resolution by title only. BEAVER X
BORNO X X
Motion: Adopt Resolution No. 99-13. MESERVE X
MITCHELSON X X
SHAUGHNESSY X
Commissioner Mitchelson inquired concerning the effective date of the
resolution and City Manager Thompson explained it would be implemented
October 1, 1999.
There was no further discussion and the motion carried unanimously.
7. Action on Ordinances:
There was no action on Ordinances.
8. Miscellaneous Business:
A. Public Hearing and Action on a Request for a Use-By-Exception
Filed by Dirk Mueggenburg to Operate a Wholesale Herbal Tea
and Vitamin Business at 1179 Atlantic Boulevard, Zoned
Commercial General (CG) (City Manager)
Motion: Accept recommendation of the Community BEAVER X X
Development Board and approve the Use-by-Exception filed by
BORNO X x
MESERVE X
Dirk Mueggenburg to operate a wholesale herbal tea and MITCHELSON x
vitamin business at 1179 Atlantic Boulevard,zoned SHAUGHNESSY x
Commercial General(CG). (Subject to the conditions that (1)No
retail sales be permitted and (2) that the use-by-exception be
granted to the applicant only and for this location only)
Mayor Shaughnessy opened the public hearing and invited comments. No
one wished to speak and the public hearing was declared closed.
There was no discussion and the motion carried unanimously.
B. Public Hearing and Action on a Request for a Use-By-Exception
Filed by David Rockwood to Operate a Painting Contractor
Business on Property Located at the Southwest Corner of Edgar
Street and Mayport Road, Zoned Commercial General (CG)
City Manager)
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Motion: Motion: Accept recommendation of the Community BEAVER x x
Development Board and approve the Use-by-Exception filed by BORNO X
David Rockwood to operated a painting contractor business on MESERVE X
property located at the southwest corner of Edgar Street and
MITCHELSON X X
Mayport Road zoned Commercial General (CG). (Subject to
SHAUGHNESSY X
the conditions that(1)a limit that not more than five(5)commercial
vehicles be parked on-site, (2) that at least ten (10) total parking
spaces be provided, (3) not outside storage of paint, chemicals or
other hazardous materials be permitted, and (4)that the exception
be granted to the applicant only for this location only.
Mayor Shaughnessy opened the public hearing and invited comments. No
one spoke and the public hearing was declared closed.
There was no discussion, the motion carried unanimously.
C. Public Hearing and Action on a Request for a Use-By-Exception
Filed by Randy Wilson to Operate a Boat Trailer Sales and
Service Business at 1860 Mayport Road, Zoned Commercial
General (CG) (City Manager)
Motion: Motion: Accept recommendation of the Community BEAVER X X
Development Board and approve the Use-by-Exception filed by BORNO X X
Randy Wilson to operated a boat trailer sales and service
MESERVE X
MITCHELSON X
business at 1860 Mayport Road,zoned Commercial General SHAUGHNESSY X
CG). (Subject to the conditions that (1) limit the maximum
number of trailers for sale or repair to thirty (30) and (2) that the
use-by-exception be granted to the applicant only and at this location
only).
Mayor Shaughnessy opened the public hearing and invited comments. No
one wished to speak and the public hearing was declared closed.
There was no discussion, the motion carried unanimously.
D. Waive the Formal Bidding Requirements and Award a Contract
to Hightower Geotechnical Services, Inc. to Perform Repairs to
the Buccaneer Operations Building at a Cost of$12,316.00.00,
and Authorize the City Manager to Sign the Contract (City
Manager)
BEAVER X
BORNO X X
Motion: Waive the formal bidding requirements and award a MESERVE x x
contract to Hightower Geotechnical Services, Inc. to perform MITCHELSON X
repairs to the Buccaneer Operations Building at a cost of SHAUGHNESSY X
12,316.00.00, and authorize the City Manager to sign the
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contract.
City Manager Thompson explained the request and stated the city would
save $4,184.00 by using Hightower Geotechnical Services, Inc.
There being no further discussion, the motion carried unanimously.
E. Approve the Final Change Order for Levy Road Improvements
for Petticoat Contracting, Inc., in the Amount $26,721.68.00,
Representing an Increase of$11,073.18 in the Total Contract
Price (City Manager)
BEAVER X X
Motion: Approve the Final Change Order for Levy Road BORNO x
Improvements for Petticoat Contracting, Inc., in the amount MESERVE X X
of $26,721.68.00, representing an increase of$11,073.18 in the MITCHELSON X
total contract price and authorize the City Manager to sign the
SHAUGHNESSY X
Change Order.
City Manager Thompson explained that the requested increase resulted
from unanticipated problems and included additional paving in the roadway
transitions, asphalt driveway repair and concrete driveway repair,as well as
extra waterline and drainage pipe to avoid utility conflicts.
Commissioner Beaver complimented Public Works Director Kosoy on the
project results and Commissioner Borno complimented Ernie Beadle, for
the professional manner in which he conducted project inspections for the
city.
There being no further discussion, the motion carried unanimously.
F. Discussion and Related action on Proposed Agreement with the
City of Jacksonville Regarding Advanced Life Support and Fire
Services for Atlantic Beach (Mayor)
Item 8F was moved forward on the agenda and acted on after Item 1.
G. Action on Fire Department Bargaining Contract(City Manager)
Motion: Approve one year Fire Union Contract from October BEAVER X
1, 1998 through September 30, 1999. BORNO x x
MESERVE X
MITCHELSON X
411
There was no discussion and the motion carried unanimously. SHAUGHNESSY X X
H. Action on a Request from the Teen Council to Hold a Punk
Music Concert in Jack Russell Park(City Manager)
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Item 8H was moved forward on the agenda and acted on after Item 2.
I.Approve the Proposal of Landers Atkins Planners, Inc. in the
Amount of$27,583.00 to Design a Master Plan for Pine(Dutton)
Island and Authorize the City Manager to Sign the Contract
City Manager)
BEAVER X
Motion: Approve the proposal of Landers Atkins Planners, BORNO X x
Inc. in the amount of $27,583.00 to design a Master Plan for MESERVE X X
Pine(Dutton)Island and authorize the City Manager to sign the MITCHELSON X
contract. SHAUGHNESSY X
Commissioner Meserve stated that he wanted to make sure public
involvement of all interested parties and meetings were conducted early on
in the design stage of the plan.
City Manager Thompson explained the proposed procedures to be followed
by Landers Atkins.
Additional discussion concerning the development of Dutton Island relative
to the Centex property is included under Item 9.
There beingno further discussion, the motion carried unanimously.y
J. Action on the Recommendation of the Community Development
Board to Amend the Zoning Code to Clarify Fence Regulations
on Corner Lots (City Manager)
Motion: Amend ordinance as recommended to include as MITCHELSON X
follows: "On corner lots,no fence,hedge or wall exceeding four SHAUGHNESSY X
4) feet in height shall be constructed within fifteen (15) feet of
a side property line which abuts a public street and no fences
may be built on top of berms."
City Manager Thompson explained that the language suggested by the
Community Development Board was added to the existing ordinance to
clarify the interpretation used by the Board in the past.
Discussion ensued concerning the addition of "no fences may be built on
top of berms"to the proposed ordinance amendment. City Attorney Jensen
advised that "berms" and " measurement of grade" would have to be
defined in order to make the change.
After further discussion, Mayor Shaughnessy withdrew her second and
Commissioner Mitchelson withdrew his motion.
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Motion: Approve recommendation of the Community BEAVER X X
Development Board to amend the Zoning Code to clarify fence BORNO X
regulations on corner lots by the addition of the following in ME SERVE X
MI TCHEL SONSection24-157: "On corner lots, no fence, hedge or wall
SHAUGHNESS
X X
SHAUGHNESSY X
exceeding four (4) feet in height shall be constructed within
fifteen (15) feet of a side property line which abuts a public
street" and place the proposed ordinance on the next
Commission agenda for first reading.
There being no further discussion and the motion carried unanimously.
9. City Manager Reports and/or Correspondence:
City Manager Thompson:
Updated the Commission on Y2K preparations and advised this
item would be on the next Commission agenda.
Stated a test would be conducted by the Police and Fire
Departments on Saturday at the five way stop to see if fire trucks
411 could safely negotiate a roundabout.
Reported a check had been received from FEMA in payment for
Atlantic Beach firefighters' assistance rendered during last year's
wild fires.
With reference to Lt. Hill's request to address the City Commission,
the City Manager explained that he had told Fire Department
personnel who wanted to attend the meeting while on duty that they
could attend and could answer any questions they might be asked by
the Commission,but if they wished to ask questions,they needed to
take leave and do so on their own time.
Reported that Community Development Director Worley and he had
attended meetings concerning the Centex property and contrary to
what was reported in the local newspaper, no commitment of any
money to the City of Jacksonville for the purchase or maintenance
of the property had taken place. City Manager Thompson stressed
that he had advised Jacksonville representatives that neither he or
Mr. Worley had the authority or authorization to commit anything
to the City of Jacksonville. He then asked Commission direction
concerning the Centex property.
Commissioner Beaver stated that he wanted it known that the person
who wrote the newspaper article was given misinformation
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May 10, 1999 ONE N
4110
COMMISSIONERS NDS 0
concerning the city's commitment by the City of Jacksonville.
Discussion ensued concerning the city's participation in the
purchase of the property. Mayor Shaughnessy believed the city
should find the money and commit to 10%of the purchase price
270,000)and suggested that the city leave 90%of the property as
buffer and use only 10%of the acreage. It was suggested that the
property could be used as a parking lot for Pine(Dutton)Island.
Commissioner Meserve felt the city could not afford 10% of the
purchase price and believed purchase of the property should be part
of the budget process. He expressed concern for the amount of
unbudgeted money being spent on park land.
Commissioner Beaver favored purchase of the property if the
funding was available.
Commissioner Borno felt the city needed to investigate funding
sources. He favored purchasing the property and wished to keep it
as natural as possible to keep maintenance costs down.
City Manager Thompson informed the Commission that the grant
for purchase of the property was due in Tallahassee on June 2, 1999.
He indicated that he would be meeting with the City of Jacksonville
representatives the following day and would inform the Commission
of the outcome of the meeting. He further stated that if needed, a
special called meeting could be scheduled to discuss the matter
further.
10. Reports and/or requests from City Commissioners and City
Attorney
Mayor Shaughnessy
Suggested a thirty day freeze on Public Works Department spending
unless there was an emergency.
Requested that a letter be sent to the Massachusetts Highway
Department concerning roundabouts. It was reported that for safety
concerns, roundabouts were being removed in that state.
Stated that June 14, 1999 was Flag Day and inquired if the
Commisioners would like to have an opening ceremony with the
scouts and chorus. It was the consensus of the Commission to do
so.
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Gave information on trees for urban environments to the City
Manager.
Set a Special Called Meeting for Wednesday, May 12, 1999 at 5:00
p.m. to discuss the Centex property.
There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 12:22 a.m.
4
Suzanne Shaughnes,
Mayor/Presiding Of icer
ATTEST:
I
Ma een King
Certified Municipal C1e&
ATTACHMENT A
III MAY 10, 1999 COMMISSION MEE
NAME DOH TITLE BASE NDASE ADD 1 ADD 2 ADD 3 TOTAL
HOUR ANNUAL D,1,
Q
3 fo5
12 55t--cp -1- Y.1-.
Mayo, Claude W. 08/07/95 • . Asst Fire Chief 22.14 46,051 2,303 48,354
Fire Marshall X e
o1
Hill, James K. 08/17/83 Fire Lieutenant 14.62 40,293 913(c 4 ,173,425
i,,Hill,75 4-i---V- 1,4.5 a3a
Bass, s. cX S 1RobertS. 06/13/88 Fire Lieutenant 13.41 36,958(rte '/10 3%;(3,14 I 1 75 p 114
Daley, Bradley E. 02/01/96\Firc Lieutenant 10.88 29,985 ` '1,34,„'-'
4.)•‘'.
3‘1`15(,2,549"15q) 75 32,6609343, _ 4. '
Binder, Michael A. 08/08/96 Fire Engineer 9.05 24,942 . 49\`14 g 2,120 oJ31 75 Q____22,117__a$,ct 19. `,
Brannan, Paul J. 07/16/96 Fire Engineer 9.05 24,942 y 2,120 75 27,137
Crolley, William B. 10/18/96 Fire Engineer 9.05 24,942 r oS
2,120 75 27,137
Doshicr, Anthony F. 07/17/96 Fire Engineer 9.05 24,942 2,120 75 27,137
Hernandez. Raphael 06/09/97 Fire Engineer 9.05 24.942 2.120 75 27.137
McGann, Patrick E. 10/18/96 Fire,Engineer 9.05 24.942 2.120 75 27.137
Pausche, Walter S. 02/18/97 FireEngine;r 9.05 24,942 2.120 75 27,137
Renaud, James P. 10/18/96 Firc Engineer 9.05 24,942 2,120 75 27,137
gexl-Karma, gineer 9415-- -2_•;;° 0 75 27,137 -
Younger, Christopher 03/0796 Fire Engineer 9.05 24,942 2,120 75 27,137
J
Benson,Jeffrey T.04/29/98 Firefighter 8.21 22,627 1,923 752_4_6_2..5
a ••
Chaires, Michael L. 10/08/98 Firefighter 8.21 22,627 1,923 75 4Z625
Patterson,Theodore T. 04/22/98 Firefighter 8.21 22,627 J 1,923 75 24,625
H
H .
H ' M Does not include any pay increase that may be approved to be effective on/afler October 1, 1998 based upon currcnt Union negotiations.
x • Will receive a three percent (3%) pay increase effective October 1, 1998 4 Hax(it-ur-w •• Projected new hire effective 10/08/98 li4 J
Resignation effective 09/30/980
ADDITIONS TO PAY:
L N v
Add I. Additional pay for assuming duties of Fire Chief after retirement of Firc Chief on July 7, 1998.
O Add 2. Maximum additional pay received for"Kelly Hours"which arc Compensatory Hours that the employees may take as
time off or cash in for additional pay.
Add 3. Additional pay at S75 per month received for EMT pay.
LI
DEDUCTIONS TO PAY:
r FICA: 6.20%
MEDICARE: 1.45%
l-
PENS;ON: 5.555%of t'av
MI III
ATTACHMENT B
gi;h'MAY 10, 1999 COMMISSION MEETING
II OFFICE OF THE MAYOR
SUZANNE SHAUGHNESSY 800 SEMINOLE ROAD
MAYOR ATLANTIC BEACH,FLORIDA
32233
6 May 1999
Honorable Members of the City Commission
City Hall, 800 Seminole Road
Atlantic Beach, Florida 32233
Dear Commissioners:
After the Flyover meeting on May 2, Jacksonville City Councilman Elect Jerry
Holland and I toured Dutton Island, the Centex property and some of the areas
along the Mayport corridor.
He is genuinely interested and enthusiastic about providing the best represen-
tation he can for the local Beaches municipalities.
He would like to attend our regularly scheduled Commission meetings
quarterly, update us on Jacksonville City Council issues and hear our concerns.
I advised him that his presence at our meetings would not only be appropriate
but that we would welcome his fresh and innovative approach.
He plans to work closely with the government entities of the three Beach
municipalities, and to recognize them as the true representatives of the Beaches
communities. Having solicited our input, he can better represent his areas'
interest before the elected members of the Jacksonville City Council, who act
as "county commissioners"for the Beach Cities.
I commend his intention to represent his constituency in an informed and
participatory manner. I hope that we as a Commission will welcome his efforts
to do so.
With kindest regards,
Suzanne Shaughnessy
Mayor
I
Printed on Recycled Paper
M
ATTACHMENT C
MAY 10, 1999 COMMISSION MEETING
Active Teen Council Board Members 1999
Adult Advisors:
Jamie Fletcher, Ph.D., PA.
249-4872
Patricia Goetz
247-1702
Parks & Recreation Liaison:
Peter Coalson
247-0155
Members:
Matilda Anderson / 247-9391
1679 Seminole Road #4
Atlantic Beach, FL 32233
Megan Bush /246-1643
1737 Park Terrace West
Atlantic Beach, FL 32233
Mike Dias /241-5021
1025 Seminole Road
Atlantic Beach, FL 32233
Mariah Goetz/ 247-1702
1359 Beach Ave
Atlantic Beach, FL 32233
Jessica Sale /241-7116
2238 Beachcomber Trail
Atlantic Beach, FL 32233
Connor Shaughnessy / 249-3044
168 Ocean Walk Drive South
Atlantic Beach, FL 32233
Dezmond Waters, Jr. / 241-2984
1835 Seminole Road
Atlantic Beach, FL 32233
Dr. Fletcher and I have been working with the Teen Council since
it's start up in February. We have enjoyed working with these youths and
have tried to listen carefully to their needs and help them organize their
desires.
Teen Council has organized a concert to be held in Jack Russell
Park, Sunday, May 23`d from 12 - 7pm. The group has worked together to
make this a successful event.
They have chosen local punk bands to headline their event. The
bands have agreed to play non gratis. I have checked out three of the
bands and their CD's do not contain parental warnings.
The teens have canvassed local businesses for support and they
raised $243.00. They have also arranged for two local businesses to
provide food for the event and they will be selling beverages.
These youths have worked diligently to make this event happen.
I encourage you to please approve their budget and event.
Thank you,
aS-4A0P1 •
A4
Budget Expenses:
Bands Yellow Card, *Inspection 12, *Hatrick, Pigeon Hole,
Cosmic Debris, Flea Circus, Unspoken Rumors
these are the bands I have checked
S All Volunteer Bands 0.00
Sound Fab 3 - Sound equipment, mikes, etc.500.00
Electricity Need 4- 20 amp circuits 1000.00
Generator 200.00
Stage large stage, City of Jacksonville -250.00
security of stage 150.00
Security 10 Adults wearing Security T shirts - 125.00
Explorers and 2 Police (cost for 20 T's)
Concessions Sliders
Pizza draw) $100.00
Teen Council - beverages & ice - (draw) $300.00
Clean up Volunteer
Restrooms - 25.00
total $2450.00
r
Budget Income:
Donations Community 243.00
Concessions Beverages 300.00
Pizza 100.00
total 643.00
Set- up
May 21st, Friday: City delivers trash receptacles to Russell Park.
May 22"d, Saturday: Stage arrives in Russell park. Dezmond Waters and
Patricia Goelz will be there to show them where to place the stage.
May 23rd, Sunday: The sound company will start the set up process
around 9am. The stage subcommittee will be on hand to help.
Electricity: We are waiting on a quote. A guess by the electrician would
be about $1000 for temporary service. Permanent service would
be about$3500. A rented generator ( 25kws) would cost approx.
200.
Security will begin Saturday night. An adult will be hired to watch the
stage from 7pm-7am both Sat. & Sun. nights. Security for the
concert will begin at noon and continue until the show is over.
Concessions: We would like to use the concession stand to sell
beverages and pizza. We will be purchasing the beverages (sodas
water) and selling them. Pizza will be supplied by a local
business and sold by the slice. Sliders Restaurant will provide a
large outdoor grill and will be cooking hot-dogs and hamburgers.
The money made on these sells will be returned to the budget.
Clean- up will be done by the Teen Council with assistance from Mr.
Johnson in providing restroom clean-up for $25.
Volunteers have been recruited through Mayport Middle and Fletcher
Senior Honor Societies to help out where needed.
If it rains, the event is canceled with no rain date.
Chairpersons
Stage & MC: Dezmond Waters and Mike Dias
Concessions: Ashley Frohwein
Volunteers: Matilda Anderson
Security: Dezmond Waters
Clean-up: Connor Shaughnessy
8N
410
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Proposed Event from the Teen Council
DATE: May 6, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: The Teen Council has proposed an event to be held in Russell Park
on Sunday afternoon from noon to 7:00 PM. The event will be a
Punk" music concert with eight(8)bands. The current plans are
to have the Jacksonville stage set up near the southwest corner of
the park, facing the northeast.
This event was discussed with the Parks and Recreation Board, and
they approved the concept.
Expenses for this event include $500 for the sound people, $250
for the use of the stage, approximately $310 for security, and
additional unknown expenses for the electrical work to assure safe
and adequate electricity for the equipment. The total expenses are
estimated at$1,600. There were numerous issues discussed with
staff that remain unknown factors including food, drinks, security,
electricity, and adult supervision.
The Teen Council does not have a budget, and the Parks and
Recreation Board does not have a budget to fund these expenses.
RECOMMENDATION: The recommendation from the Parks and Recreation Board is for
the City Commission to approve this event. There has been an
assumption that the City will fund the expenses for this event.
ATTACHMENTS: Please see the staff opinion(s)
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
MEMO
To: Mayor and City Commission
From: David E. ThompsiPr-
Subject: Proposed Punk Concert from Teen Council
Date: May 5, 1999
The following observations and recommendations are provided for City Commission review:
There have been two separate Special Events applications submitted to the City Staff for
approval of this event. There were different days and times on the applications.
However, confirmation was received on May 5, 1999 that the intended dates and times
are May 23, 1999 from Noon until 7:00 PM, which will be included on an updated
application.
The use of Russell Park for a Punk concert, on a Sunday afternoon until 7:00 PM, is
destined to generate numerous citizen complaints. The park is virtually surrounded by
residences, and there will be complaints about the music.
There are many unanswered questions including adult supervision, electricity, security,
insurance, food, drinks, and other matters which remain questionable at this point. These
are not minor issues, and they have not been resolved. The proposed date is only two (2)
weeks away.
There is no money designated to fund this event. Although the City can "find"money if
so directed, there is a question as to the purpose and role of the Teen Board. Is there an
expectation that the Teen Board will raise funds for its events, or is their responsibility to
simply plan events without concern for money and let the City fund them? The original
duties in Resolution 94-30 Section 2.(b), states that"All such recommendation which
require funding must identify a funding source." This has not been done.
Summary:
If anyone other than the Teen Board proposed an event of this nature, I sincerely doubt
that it would be approved. However, no one wants to tell the Teen Board"no"because
they don't want to discourage them. Although it may be an unpopular position, staff
believes that this event should not be approved. Something in the Fall would provide
them with the time necessary to plan appropriately.
There are other ways to sponsor such an event that would be less objectionable to the
citizens in the area, and the planning should be accomplished to allow for the necessary
time to resolve some of the issues that remain.
M
Mayor and City Commission
Page 2
May 5, 1999
The Teen Board can learn a great deal from the experience of planning such an event.
However, they need guidance, direction, and problem solving skills to make such an
event a success.
Staff is currently working with the Teen Board to try to resolve issues and assist in making this
event a success. If the City Commission approves this event, staff will continue to put every
effort into making it work. However, staff has an obligation to provide information and
recommendations to the City Commission in such matters, and that is the purpose of this
memorandum.
ATTACHMENT D
MAY 10, 1999 COMMISSION MEETING
Matter of IIntegrity
We, the undersigned do hereby request that the City of Atlantic Beach re-
purchase park property that was recently traded. On January 22, 1999, the City
traded lot 305 of the Saltair subdivision for lot 316 in accordance with a ten-year-
old ordinance no. 95-89-38. When the ordinance was written, it was determined
that since lot 316 was adjacent to the back entrance of Howell Park, it was more
desirable at that time. It took ten years for the "swap" to close due to title
problems on lot 316.
Over the years, many people have purchased homes on Magnolia Street that
face Howell Park. Prior to purchasing homes, many prospects called the city
officials out of due diligence to confirm the park's status. The resounding answer
was that the park and lot 305 where owned by the City of Atlantic Beach, and
would always be preserved as part of Howell Park. Magnolia Street is a narrow
one way street with many children at play. It simply cannot afford another house
on the east side of the street.
Re-Purchasing lot 305 is a matter of integrity. The integrity of the park to keep
this valuable natural resource that includes Cyprus trees, Bull Pines, turtles, and
other wildlife.
The integrity of the City of Atlantic Beach, whose employees and officials have
repeatedly told prospective and existing homeowners, that the "City of Atlantic
Beach acquires park land, we do not sell or trade our parks." Even after the
swap" transpired, the city officials were unaware of the transaction. How can a
city exchange property without the knowledge of the current city officials?
Correct this mistake now. Re-purchase lot 305, Saltair and restore the integrity
of Howell Park and the City of Atlantic Beach.
410 Vc, 3g.2 M ho/ia St., A-R
3o P,ext&A/0c-i, 5 .
31-ito LS
Iffirin. •- 1 G 4 itt ,
6 5-0 1"
Plor 6250 6t5).
40.3
Map
op, 536
Matter of IIntegrity
We, the undersigned do hereby request that the City of Atlantic Beach re-
purchase park property that was recently traded. On January 22, 1999, the City
traded lot 305 of the Saltair subdivision for lot 316 in accordance with a ten-year-
old ordinance no. 95-89-38. When the ordinance was written, it was determined
that since lot 316 was adjacent to the back entrance of Howell Park, it was more
desirable at that time. It took ten years for the "swap" to close due to title
problems on lot 316.
Over the years, many people have purchased homes on Magnolia Street that
face Howell Park. Prior to purchasing homes, many prospects called the city
officials out of due diligence to confirm the park's status. The resounding answer
was that the park and lot 305 where owned by the City of Atlantic Beach, and
would always be preserved as part of Howell Park. Magnolia Street is a narrow
one way street with many children at play. It simply cannot afford another house
on the east side of the street.
Re-Purchasing lot 305 is a matter of integrity. The integrity of the park to keep
this valuable natural resource that includes Cyprus trees, Bull Pines, turtles, and
other wildlife.
The integrity of the City of Atlantic Beach, whose employees and officials have
repeatedly told prospective and existing homeowners, that the "City of Atlantic
Beach acquires park land, we do not sell or trade our parks." Even after the
swap" transpired, the city officials were unaware of the transaction. How can a
city exchange property without the knowledge of the current city officials?
Correct this mistake now. Re-purchase lot 305, Saltair and restore the integrity
of Howell Park and the City of Atlantic Beach.
O, c 33g Magi/0/I‘
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ORDINANCE NO.95-89-38
AN ORDINANCE AUTHORIZING THE EXCHANGE
OF PROPERTIES BETWEEN WILLIAM S. HIXON
AND THE CITY OF ATLANTIC BEACH; PROVIDING
AND EFFECTIVE DATE
WHEREAS, The City of Atlantic Beach acquired a number of lots in
Saltair Subdivision for the creation of a passive park named Howell Park,
and
WHEREAS, William S. Hixon of Atlantic Beach owns Lot 316 Saltair
which said lot fronts immediately upon the entrance to said park, and
WHEREAS, The City of Atlantic Beach owns Lot 305 Saltair which said
lot fronts on Magnolia Street immediately to the rear of Lot 316, and
WHEREAS, Lot 316 being closer to the entrance of Howell Park and
therefore more likely to be utilized rather than Lot 305, and
WHEREAS, William S. Hixon has indicated a willingness to trade Lot
316 for the City's Lot 305,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
Section 1. The City Commission hereby authorizes the transfer of
Lot 305 Saltair, section 3, plat book 10 page 16 current public records
of Duval County Florida to William S. Hixon 310 Pine Street, Atlantic
Beach in exchange for Lot 316 Saltair, section 3, plat book 10 page 16
current public records Duval County Florida.
Section 2. This ordinance shall take effect upon its adoption.
Passed by the City Commission on f'rst read' •: Januar 23 1989
Passed by the City Commission on -ec.n. =nd final/ eading Februar 13 1989.
Ar .(._/_
Wi-i:m I. Guth'. 7,sr,
Presiding Officer
App 1.-07r4 as to Form and Correctness:
Claude L. Mullis, City At orney
SEAL)
Maureen King, City Cler
170453 000 USD3 HIXON JUST 21,138 00 2**
W RNG 29E WILLIAM S CLASS
SEC 16 T 21,138
PUSE = 0000 11 ACRES 1201 LOWER STATE RD LAND
BK 5982 PG 2154 DATE 07/85 *11,000 NORTH WALES, PA 19454 IMPRVMT
429.84 NOV 4% DEFER 7.5994 GGUSD3 160.64 .
16-2S-29E SALTAIR SEC 3 LOT 316 BETH W 0/R BK 5982-2154 434.32 DEC 3% ASSESS 21,138 6.3600 SCHLST 134.44
438.79 JAN 2% TAXABLE 21,138 2.7600 SCHLLC 58.34
443.27 FEB 1% 0470 FLNVGD 99
447.75 MAR 0% 3.1721 ATL. B 67.05
4820 STJRVM 10.19
7617 VOTED 16.10
TOTAL 447.75
170454 0000 USD3 HIXON JUST 108,000 000531-03**
SEC 16 TWN 2S RNG 29E WILLIAM S CLASS
PUSE = 0100 11 ACRES 310 PINE ST LAND 21,138
BK 4758 PG 666 DATE 11/78 100 ATLANTIC BEACH, FL 32233-4016 IMPRVMT 86,862
2,196.19 NOV 4% DEFER 7.5994 GGUSD3 820.74
16-2S-29E SALTAIR SEC 3 LOT 317 BETH W 0/R BKS 4530-924,475 2,219.07 DEC 3% ASSESS 108,000 6.3600 SCHLST 686.88
8-666
2,241.95 JAN 2% TAXABLE 108,000 2.7600 SCHLLC 298.08
2,264.82 FEB 1% 0470 FLNVGD 5.08
2,287.70 MAR 0% 3.1721 ATL. B 342.59
4820 STJRVM 52.06
7617 VOTED 82.27
TOTAL 2,287.70
Inn
1170448 0000 USD3 CITY OF ATLANTIC BEACH JUST 72,000 000530-03**
S SEC 16 TWN 2S RNG 29E 716 OCEAN BV CLASS
pPUSE = 8200 2.40 ACRES P 0 BOX 25 LAND 72,000
BBK 4153 PG 636 DATE 05/76 1,000 ATLANTIC BEACH, FL 32233-5428 IMPRVMT
00 NOV 4% DEFER 7.5994 GGUSD3
110-16 16-2S-29E 2.400 SALTAIR SEC 3 LOTS 295 TO 305,308 TO 3 00 DEC 3% ASSESS 72,000 6.3600 SCHLST1500JAN2% 917City of 72,000 2.7600 SCHLLC
00 FEB 1% TAXABLE 0470 FLNVGD
00 MAR 0% 3.1721 ATL. B
4820 STJRVM
7617 VOTED
TOTAL
170448 0100 USD3 RAUSCH JUST 89,463 000530-04**SEC 16 TWN 2S RNG 29E STEVEN W CLASS
PUSE = 0100 11 ACRES 301 MAGNOLIA ST LAND 21,138
BK 8359 PG 2377 DATE 05/96 *30,000 ATLANTIC BEACH, FL 32233-4027 IMPRVMT 68,325
1,261.50 NOV 4% DEFER 2,427 7.5994 GGUSD3 471.4416890006-2S-29E SALTAIR SEC 3 LOT 307 1,274.64 DEC 3% ASSESS 87,036 6.3600 SCHLST 394.55
1,287.78 JAN 2% 601GENERAL 25,000 2.7600 SCHLLC 171.22
1,300.92 FEB 1% TAXABLE 62,036 .0470 FLNVGD 2.92
1,314.06 MAR 0% 3.1721 ATL. B 196.78
4820 STJRVM 29.90
7617 VOTED 47.25
TOTAL 1,314.06
p1
fax NO. : 2157939309 May. 10 1999 08:31A11 P2/2
zrtin'v i tt ^an i_,t; manager
CAP/ of !rt =,nti' t_Sf'arr
30(J Seriunolc• Roan
Atlantic b,-. act 1i_ 322. 3 VIA FAX: 247-5805
to c?'talre Section 3
yut.r kr: ;w Beach recently completed a trade with us, which was
result of this transaction Beth and 1 now own the referenced
a.:ar:t lc); ,v t;i:;(,!'+, i on two sides by Howell Park. Since the completion of that
rt,de c,c,,,in.aces have changed and we are considering selling Lot 305.
Suri; Mr r'. dark Schauer have offered us $50,000 for Lot 305. Mr.
t:a;.y his + .it.r;:;;d.vn his offer and we have not yet committed to Mr. Schaffer.
c _,' , would like to buy the lot to preserve his natural frontage on the
that he has no plans to build on the lot but would like to own
ter t y ::fr .,n-lf!one build between his house and the park property.
City own the lot and thus prevent any more homes from
Wu y ;;::.;ri,iC,(..f ,r•r r>ark•s borders. Owning this lot would even out the park's
c:mca:y er 7 : :a ,a arid Pine Streets
fit' after r!'-! 1.he next available City Commission meeting and let me know if
1,, J.:1s ..1:•••.' linteti) .r, purchasing this lot.
i :;ti;; ., <, our offer please feel free to contact me at the following
I 215-793-9308
Jennifer A. Chalot
322 Magnolia Street
Atlantic Beach, FL 32233
904) 249-8522
jennifer.chalot@dso.duval.k 12.fl.us
May 7, 1999
The Honorable Suzanne Shaughnessy, Mayor
City of Atlantic Beach, Florida
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mayor Shaughnessy:
Attached please find a letter I received from Jim Jarboe in 1997 in response a letter I wrote to (then)
Mayor Lyman Fletcher about development of Howell Park property. I shared this written response
with all of my neighbors in the 300 block of Magnolia Street, and we felt great relief at the time it was
received. Now, it seems unbelievable that I am having to write to another city official about the same
events that have already prompted numerous letters, phone calls and, according to Mr. Jarboe, should
never have caused us concern again.
My neighbors and I live on the one-way block of Magnolia Street which faces the west side of Howell
Park. We learned recently that private property nearby has been"swapped" for city owned property
that is a part of Howell Park and which faces my home at#322. This is another piece of Howell Park
that my neighbors and I have been assured repeatedly would never be developed - yet now it is for
sale due to this recent city action. We feel betrayed and angry.
Before purchasing our homes in this part of Saltair, every owner in the 300 block got assurances from
various current city officials that there were no plans to develop Howell Park property. We chose
to live in this area, paying more for our homes in most cases, because of its private, unique character,
offering the beautiful, quiet woods with little traffic, and, we believed freedom from threat of
development. Since I purchased my home in 1992, two homes have been built opposite my property
on land I was told would NEVER be developed. Now, I'm sure my neighbors and I are facing a third
and inevitably more home construction and lost woodland in our neighborhood. Everything that
prompted us to move here will be lost, and our property values and quality of life will be greatly
diminished.
40 The Honorable Suzanne Shaughnessy, Mayor
Page 2, Continued
Please remember that Howell Park belongs to the citizens of Atlantic Beach, and all deals to sell or
swap"this property should be approved by its owners by vote. Many of us who voted for you and
the current members of the City Council to represent us believed you care about the fate of Howell
Park and the preservation of our quality of life in Atlantic Beach. You can restore our trust and faith
in your leadership by acting to purchase this piece of Howell Park property back for the city, to be
preserved "in perpetuity" as we were promised, before it can be sold to a private party for
development. Then,you can openly involve all citizens in discussions of future development of public
property by holding well-publicized public forums and conducting a vote by all citizens.
Thank you for"listening" and giving consideration to this request. I will share this letter with my
neighbors, who I hope will join me in attending the next City Council Meeting. Perhaps soon, you
will have had an opportunity to discuss this issue with the proper staff members and will have begun
action toward a favorable resolution of this issue. If not, I hope you will provide my neighbors and
me with a written response concerning what actions the city WILL take to compensate us for the
certain reduction in our property values and loss of current quality of life that will occur as the city
continues to make future"behind-the-scenes land swap deals"for Howell Park property.
Sincerely,
d61Lait a C4€aM—
Jennifer A. Chalot
CC: Magnolia Street and Palm Avenue Neighbors
ATTACHMENT(1)
CITY OF .
r t°aatic 'ead - 7eoftda
4), 800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
lits FAX(904)247-5805
SUNCOM 852-5800
June 25, 1997
Jennifer A. Chalot
322 Magnolia Street
Atlantic Beach, FL 32233
Dear Mrs. Chalot,
Your letter of June 17th to Mayor Fletcher was forwarded to me for investigation into the
ownership and disposition of the lots on the east side of Magnolia Street. I have found
that the information given to you in 1992 was correct in that the lots directly across the
street from you are a part of Howell Park and cannot be developed. There are only two
lots on the east side of Magnolia Street which are not incorporated into Howell Park.
These are the two immediately north of Seaspray Avenue. These two lots have never
0
been a part of Howell Park. The two lots are privately owned and zoned for Single-family
homes. As you are aware, the corner lot has already been developed. The lot
immediately north of it may be developed as a Single-family residence.
I concur with your concerns about the narrow roadway and the higher volume of traffic that
would result if more development were to occur along Magnolia Street, however, as
mentioned above, only one lot remains available for development. That lot is privately
owned and the owner has a right to develop the lot only as a Single-family home. Since
no plans exist for the City to sell any part of Howell Park, I believe that you and your
neighbors can expect to continue to enjoy the qualities of one of our quietest city parks
without concern for more development and the associated problems of traffic and parking.
if you have any other questions or concerns, please do not hesitate to write to me at City
Hall or to call me at 247-5800.
cerely,
Ja s Jarbo ,
City Manager
0
ALAN JENSEN ATTY
ATTACHMENT E
MAY 10, 1999 COMMISSION MEETING
ALAN C. JENSEN
Attorney at Law Fi
935 North Third Street
Post Office Box 50457 5_ I 0_ 9 9Jacksonvi7IeBeach, Florida 32240-0457
Telephone (904)246-2500 Facsimile (904)246-9960
MEMORANDUM
DATE: May 4, 1999
TO:David E. Thompson, City Manager
City of Atlantic Beach
FROM: Alan C. Jensen, Esq., City Attorney
RE:Atlantic Boulevard/Mayport Road Flyover
The Commission has inquired regarding when the JTA would be required to apply for a variance
to the height restrictions contained in the Atlantic Beach Code.
A review of Sec. 24-64, Variances, sets forth the procedures and process for obtaining aetvariance, but sets no time limits or requirements. Clearly, any variance would have to be
obtained prior to any permits being issued or the beginning of construction. However, a further
review of the City's Code of Ordinances reveals in Sec. 24-82(b), Height, that this applies to
any structures or buildings. Obviously, the Mayport flyover would not be a building, and then
the question becomes whether or not it is a structure. I have reviewed the definition of structure
as contained in Sec. 24-17 and it appears that a structure must be intended for business or living
quarters, which would not apply to the flyover.
Therefore, it is my opinion that nothing in our Code addresses the situation created by the
Mayport flyover, which of course was never anticipated by the Code or any revisions thereto.
ACJ/sky