06-14-99 v4k. CITY OF ATLANTIC BEACH
COMMISSION MEETING- June 14, 1999
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of May 24, and Special Called
Meeting of June 2, 1999
2.Courtesy of Floor to Visitors:
3.Unfinished Business from Previous Meeting
A. Consideration of purchase of Lot 305, Saltair, at a cost not to exceed $50,000
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 May 1999 (City
Manager)
5.Committee Reports:
6.Action on Resolutions:
A. Resolution No. 99-16
A Resolution of Esteem for Eleanor Ashby (Mayor)
B. Resolution No. 99-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH DECLARING SUNDAY, JUNE 20, 1999, AS BREAST CANCER
AWARENESS DAY IN ATLANTIC BEACH(Mayor)
C. Resolution No. 99-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
MAYOR TO EXECUTE A MAINTENANCE CONTRACT AGREEMENT,
RENEWING CONTRACT NO. B-B 117 BETWEEN THE CITY OF ATLANTIC
BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION, AND
4.--
PROVIDING AN EFFECTIVE DATE (City Manager)
Documents Professionally Imaged
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Page Two AGENDA June 14, 1999
7.Action on Ordinances:
A. Ordinance No. 95-99-70 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 4 ANIMALS, ADDING A NEW SEC. 4-8 LEGISLATIVE FINDINGS;
AMENDING SEC. 4-10, DANGEROUS DOGS, TO CORRECT NUMBERING ;
ADDING A NEW SEC. 4-11, CLASSIFICATION OF DOGS AS DANGEROUS;
CERTIFICATION OF REGISTRATION; NOTICE AND HEARING
REQUIREMENTS; CONFINEMENT OF ANIMAL; EXEMPTION; APPEALS;
UNLAWFUL ACTS; ADDING A NEW SEC. 4-12 ATTACK OR BITE BY
DANGEROUS DOG;PENALTIES;CONFISCATION;DESTRUCTION;ADDING
A NEW SEC. 4-13 BITE BY A POLICE OR SERVICE DOG; EXEMPTION
FROM QUARANTINE; AMENDING CHAPTER 4, ARTICLE II, DOGS AND
CATS, SEC. 4-30(b), CITATIONS AUTHORIZED;PENALTIES PROVIDED, TO
PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE BE WITHIN
THREE (3) YEARS FROM THE FIRST OR PRIOR OFFENSE BEFORE
INCREASED FINES ARE APPLIED; AND PROVIDING AN EFFECTIVE DATE
Commissioner Beaver)
8. Miscellaneous Business:
A Public Hearing and action on a request for a use-by-exception filed by Debra and
Ted Jackrel to operate a parking lot on property described as Lots 1,2,3 and
4, Block 40, Section H, Atlantic Beach (City Manager)
B. Public Hearing and action on a request for a use-by-exception filed by Bradley N.
Bowen to operate a General Contractor's office as a Home occupation at 109 Pine
Street, zoned RG-2 (City Manager)
C. Action on a request filed by Rev. Marvin Nash, Pastor of the New Friendship
Missionary Baptist Church, that the city waive all or part of a lien in the amount of
4,686.50, against property described as Part of Government Lot 3, as recorded in
Deed Book 1053, Page 285, RE#172060-0000 (City Manager)
D. Approve Change Order in the Lifeguard Building Construction in the amount of
1,663.00 (City Manager)
E. Authorize the City Manager to execute an agreement for Comprehensive Pl;an
Evaluation and appraisal report update (City Manager)
F. Authorize the City Manager to establish a full time Park Attendant position within the
Parks and Recreation Department (City Manager)
G. Discussion and related action regarding the ownership of easement for the Sea
Gardens Lift Station (Commissioner Mitchelson)
9.City Manager Reports:
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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Page Three AGENDA June 14, 1999
4
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,June 11
1999.
V
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T T
BEACH CITY COMMISSION HELD IN CITY HALL, 800 E E
SEMINOLE ROAD, AT 7:15 PM ON MONDAY,JUNE 14, 1999 S S
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
Theo Mitchelson, Commissioners
AND: David Thompson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney M S
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ABSENT: John Meserve T C
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The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The COMMISSIONERS N D S 0
Invocation was offered by Commissioner Mitchelson followed by the
Pledge of Allegiance to the Flag. Mayor Shaughnessy stated that today was
Flag Day, and if anyone had an old flag they wished to dispose of, it could
be taken to the Fleet Reserve on Mayport Road for proper disposal by
burning.
1. Approval of the minutes of the Regular Meeting held
May 24, 1999
The Mayor asked for corrections or amendments to the minutes, and there
were none. The minutes of the Regular Meeting held May 24, 1999 were
unanimously approved as presented.
2. Approval of the minutes of the Special Called Meeting held
June 2, 1999.
The Mayor asked for corrections or amendments to the minutes.
Commissioner Mitchelson referenced page 5 of the minutes and requested
that the words"flyover project"in the first paragraph be struck and replaced
with"legal action".
The minutes were unanimously approved as amended.
In deference to Mrs. Ashby and her family, Item 6A was taken out of
sequence and acted on at this time.
A. Resolution No. 99-16
A RESOLUTION OF ESTEEM FOR ELEANOR ASHBY
MAYOR)BEAVER X
Motion: Adopt Resolution No. 99-16.
BORNO
MITCHELSON
X
X X
SHAUGHNESSY X X
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There were no comments and the motion carried unanimously.
The Mayor read Resolution No. 99-16 in its entirety commending Mrs.
Ashby for her twenty years of service as the Executive Director of
Leadership Jacksonville and her promotion and practice of the concept of
community trusteeship." Mayor Shaughnessy indicated that a framed
resolution would be sent to Mrs. Ashby when all of the signatures were
obtained.
Mrs. Ashby stated she was honored to receive the special recognition and
briefly commented on the "wonderfulness" of being an Atlantic Beach
resident. Mrs. Ashby then introduced her family, and urged everyone to
rejoice in the fact that they live in such a beautiful place.
2. Courtesy of the Floor to Visitors:
A. Don Remley of 1309 Violet Street inquired regarding a letter which
had been sent to residents requiring residents to connect to the city's sewer
system and asked if everyone currently on a septic system received such a
letter.
City Manager Thompson stated that two hundred seventy-seven letter were
being processed and would be sent to all residents not already connected to
the city's sewer system, as required by state statute.
B. Tom Dumas of 27 South 37th Avenue, Jacksonville Beach,
representing the owners of Johnston Island,distributed information packets
to each Commissioner. He stated that the owners were offering the property
for sale to the City of Atlantic Beach and the City of Jacksonville as part of
the Preservation Project, at the 1994 appraisal price.
Mayor Shaughnessy indicated she had informed the City of Jacksonville
that the island was for sale, and the City of Jacksonville and the
Department of Transportation were looking into the possibility of
purchasing it as a part of the Preservation 2000 project.
City Attorney Jensen distributed copies of a letter dated June 14, 1999 to
the Commission concerning Johnston, et al, vs. City of Atlantic Beach.
City Attorney Jensen said the opinion stated in the letter upheld the ruling
of Judge Skinner at the circuit court level, which was in favor of the city.
The letter is attached and made part of this official record as Attachment
A.
0 3. Unfinished Business From Previous Meeting
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A. Consideration of Purchase of Lot 305, Saltair, at a cost not to
exceed $50,000 (Mayor)
BEAVER X
Motion: Purchase of Lot 305, Saltair, at a price to be negotiated BORNO X X
by the City Manager and/or City Attorney not to exceed
MITCHELSON X
50,000.00.
SHAUGHNESSY X X
City Manager Thompson reported he had spoken to Mr. Hixon and he felt
the appraisal was low. Mr. Hixon indicated he had already received two
offers on the property for $50,000.00, but he had no contract.
Commissioner Borno suggested that the city make Mr. Hixon an offer, and
Commissioner Beaver felt the city should negotiate a price for the property.
Commissioner Mitchelson stated he was not in favor of purchasing the
property. He felt that staff did not knowingly give out misinformation
concerning the property, and the city should not pay $50,000.00 to correct
a perceived wrong.
Mayor Shaughnessy stated she agreed with the City Manager's
recommendation to purchase the property for a price not to exceed
50,000.00.
Commissioner Mitchelson requested clarification of the motion, and it was
the consensus of the Commission that the City Manager should move
forward with the transaction without further Commission approval.
There being no further discussion, the motion carried by a three to one vote
with Commissioner Mitchelson voting nay.
Clark Schaffer of 309 Magnolia Street thanked the Commission for their
action and read a quote from reflections of Elizabeth Porter concerning
Howell Park.
4. Consent Agenda:
A. Acknowledge Receipt of Monthly Reports from Building, Code
Enforcement, Occupational License, and Recreation
Departments for the Month of May 1999 (City Manager)
The monthly reports from the Building, Code Enforcement, Occupational
License and Recreation Departments were received and filed as presented.
5. Committee Reports:
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June 14, 1999
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There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 99-16
A RESOLUTION OF ESTEEM FOR ELEANOR ASHBY
MAYOR)
Resolution 99-16 was acted on prior to Item 2 of the agenda.
B. Resolution No. 99-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
DECLARING SUNDAY, JUNE 20, 1999, AS BREAST
CANCER AWARENESS DAY IN ATLANTIC BEACH
The Mayor read the Resolution by title only. BEAVER X
BORNO X X
Motion: Adopt Resolution No. 99-17. MITCHELSON X
SHAUGHNESSY X X
There was no discussion and the motion carried unanimously.
0C. Resolution No. 99-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
AUTHORIZING THE MAYOR TO EXECUTE A
MAINTENANCE CONTRACT AGREEMENT RENEWING
CONTRACT NO. B-B117 BETWEEN THE CITY OF
ATLANTIC BEACH AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND PROVIDING AN EFFECTIVE
DATE.
The Mayor read the Resolution by title only. BEAVER X
BORNO X X
Motion: Adopt Resolution No. 99-18. MITCHELSON X X
SHAUGHNESSY X
Commissioner Mitchelson noted that the agreement was the same as the
previous year and inquired if it included any adjustment for inflation. City
Manager Thompson indicated this had not been investigated, but an
inflation clause would be considered in future renewals of the contract.
There being no further discussion, the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 95-99-70-Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
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AMENDING CHAPTER 4 ANIMALS,ADDING A NEW SEC.
4-8 LEGISLATIVE FINDINGS; AMENDING SEC. 4-10,
DANGEROUS DOGS, TO CORRECT NUMBERING;
ADDING A NEW SEC.4-11,CLASSIFICATION OF DOGS AS
DANGEROUS; CERTIFICATION OF REGISTRATION;
NOTICE AND HEARING REQUIREMENTS;
CONFINEMENT OF ANIMAL; EXEMPTION; APPEALS;
UNLAWFUL ACTS; ADDING A NEW SEC. 4-12 ATTACK
OR BITE BY DANGEROUS DOG; PENALTIES;
CONFISCATION; DESTRUCTION; ADDING A NEW SEC.
4-13 BITE BY A POLICE OR SERVICE DOG; EXEMPTION
FROM QUARANTINE; AMENDING CHAPTER 4,ARTICLE
II, DOGS AND CATS, SEC. 4-30(B), CITATIONS
AUTHORIZED; PENALTIES PROVIDED, TO PROVIDE
THAT A SECOND OR SUBSEQUENT OFFENSE BE
WITHIN THREE (3) YEARS FROM THE FIRST OR PRIOR
OFFENSE BEFORE INCREASED FINES ARE APPLIED;
AND PROVIDING AN EFFECTIVE DATE (Commissioner
Beaver)
BEAVER X X
Mayor Shaughnessy read the ordinance by title only. BORNO X X
MITCHELSON X
Motion: Approve passage of Ordinance 95-99-70 on first SHAUGHNESSY X
reading.
Mayor Shaughnessy indicated the public hearing would be held June 28,
1999.
Commissioner Mitchelson offered an amendment to Section 4-30 which he
believed would clarify the intent of the section. The amendment dated June
14, 1999, is attached and made part of this official record as Attachment
B.
BEAVER X
Amendment to the motion: Replace Section 4-30 numbers 1-5 BORNO X
with the wording submitted by Commissioner Mitchelson MITCHELSON X X
as contained in Attachment B. SHAUGHNESSY X X
Dr. Sylvia Simmons, Chair of the Animal Control Ordinance Review
Committee, concurred with Commissioner Mitchelson's suggested
amendment as being agreeable with the committee's recommendation.
Discussion ensued concerning the suggested wording, and City Attorney
Jensen briefly outlined the previous changes to Section 4-30 and confirmed
the intent of the Commission with regard to the section.
There was no further discussion and the amendment to the motion and main
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iiomotion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and Action on a Request for a Use-by-Exception
Filed by Debra and Ted Jackrel to Operate a Parking Lot on
Property Described as Lots 1,2,3 and 4, Block 40, Section H,
Atlantic Beach (City Manager)
Motion: Accept recommendation of the Community BEAVER X X
Development Board and approve the use-by-exception filed by ITCH
Mx
x
ITCHELSON X
Debra and Ted Jackrel to operate a parking lot on property SHAUGHNESSY X
described as Lots 1,2,3 and 4, Block 40, Section H zoned
Commercial General (CG). (Subject to the conditions that (1) all
requirements of Section 24-162 be met, (2) that the applicant
comply with any applicable landscaping requirements under Section
24-177, and (3) that the exception be granted to the applicant only
and for this location only).
Mayor Shaughnessy opened the floor for a public hearing. Since no one
spoke for or against the matter, the Mayor closed the public hearing.
410 There was no discussion and the motion carried unanimously.
B. Public Hearing and Action on a Request for a Use-by-Exception
filed by Bradley N. Bowen to Operate a General Contractor's
Office as a Home Occupation at 109 Pine Street, Zoned RG-2
City Manager)
Motion: Accept recommendation of the Community
BEAVER X
Development Board and approve the use-by-exception filed by
MITCH x X
MITCHELSON X X
Bradley N. Bowen to operate a General Contractor's office SHAUGHNESSY X
as a Home Occupation at 109 Pine Street, zoned RG-2. (Subject
to the conditions that (1) that the applicant comply with all
restrictions set out in Section 24-159, and (2) that the exception be
granted to the applicant only and for this location only).
Mayor Shaughnessy opened the floor for a public hearing. Since no one
spoke for or against the matter, the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
C. Action on a Request Filed Rev. Marvin Nash,Pastor of the New
Friendship Missionary Baptist Church, that the City Waive all
or Part of a Lien in the Amount of$4,686.50 Against Property
Described as Part of Government Lot 3, as Recorded in Deed
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Book 1053, Page 285, RE #172060-0000 (City Manager)
Motion: Waive the $1,586.50 late charges and work the BEAVER X
BORNO
remaining$3,090.00 into a payment plan for the New
TCH
x
Friendship Baptist Church.
MITCHELSON X X
SHAUGHNESSY X X
Reverend Marvin Nash, Pastor of the Church located at 28 Dudley Street,
stated he was new to the church,and explained the community service work
provided by the church. He stated the church wished to be visible and make
a difference in the community. He stated the church had paid all of the
back taxes due on the property and a waiver of the entire amount would
help the church toward its goals.
Commissioner Borno pointed out a discrepancy between the figures in the
lien letter and staff report and stated an additional $10.00 in late charges
should be waived.
BEAVER X X
BORNO x
Amendment to the motion: Add an additional $10.00 to the MITCHELSON X X
amount of late charges to be forgiven.SHAUGHNESSY X
There being no further discussion, the amendment to the motion and the
main motion carried unanimously.
D. Approve Change Order in the Lifeguard Building Construction
in the Amount of$1,663.00 (City Manager)
Motion: Approve Change Order in the lifeguard building
BEAVER X X
BORNO X X
construction in the amount of$1,663.00 for a marine hatch MITCHELSON x
door.SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
E. Authorize the Mayor to Execute an Agreement for
Comprehensive Plan Evaluation and Appraisal Report Update
City Manager)
BEAVER X
Motion: Authorize the Mayor to execute an agreement for the BORNO X X
Comprehensive Plan Evaluation and Appraisal Report Update.
MITCHELSON X
SHAUGHNESSY X X
Mayor Shaughnessy requested that the Commissioners and Chair of the
Community Development Board receive a copy of the Comprehensive Plan.
There were no further comments and the motion carried unanimously.
F. Authorize the City Managerer to Establish a Full Time Park
Attendant Position Within the Parks and Recreation
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Department (City Manager)
BEAVER X
Motion: Authorize the City Manager to establish a full time BORNO x x
Park Attendant position within the Parks and Recreation MITCHELSON x x
Department as recommended. SHAUGHNESSY X
Commissioner Borno inquired regarding the suggested starting pay. City
Manager Thompson stated the rate suggested in his staff report was the
lowest rate for a maintenance position and could be adjusted upward.
Commissioner Borno felt the rate was too low.
Discussion ensued concerning the duties of a Park Attendant. City
Manager Thompson stated he wanted to go ahead and fill the Park
Attendant position since volunteers from Jacksonville University, the
University of North Florida, and local service clubs had already expressed
a willingness to conduct tours and ecological programs for Tresca and
Dutton Island Parks and he wanted to have someone on staff who would do
maintenance and work with the volunteers.
BEAVER X
Amendment to the motion: Allow the City Manager to go up to BORNO x x
25,000.00 as starting pay for the Park Attendant position, MITCHEL SON X X
which is included in the budget. SHAUGHNESSY X
Commissioner Beaver inquired if a vehicle would be provided for the
position. City Manager Thompson stated that it would be addressed during
the upcoming budget process.
Commissioner Borno confirmed the position would be for a Park
Attendant, not a Park Ranger.
There being no further discussion, the amendment to the motion and the
main motion carried unanimously.
G. Discussion and Related Action Regarding the Ownership of
Easement for the Sea Gardens Lift Station (Commissioner
Mitchelson)
Commissioner Mitchelson stated that during the last meeting he had
requested clarification of ownership of the easement where the Sea
Gardens lift station is located and inquired as to the status of his request.
City Attorney Jensen explained that a conflict between the city's 9-10 year
old survey and the recent survey for Russell Jones, a resident of Sea
Gardens Condominiums, was found during title work. It was brought to
Mr. Jones' attention that part of the property he apparently owned was
occupied by part of the city's lift station. Mr. Jensen further explained that
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0 he had obtained a copy of the city's survey and was going back to the `
original surveyor to confirm whether a mistake had been made.
Mr. Jensen stated he was in the process of verifying that the information
provided by the current surveyor is accurate. If it is accurate,the original
surveyor has offered to convey that part of the property occupied by the lift
station to the city through reimbursement of Mr. Jones' expenses.
9. City Manager Reports and/or Correspondence:
City Manager Thompson:
City Manager Search
City Manager Thompson reported that Mr. Slavin had narrowed the field to
seven candidates for the position of City Manager for Commission
consideration,and had completed telephone interviews,but no face-to-face
interviews with the applicants. City Manager Thompson stated that Mr.
Slavin had suggested interviewing all seven applicants on either July 10th
or 17th and requested Commission guidance as to the next step in the
interview process.
After a discussion of the proposed interviewing process, it was the
consensus of the Commission to proceed as follows:
1. Mr. Slavin to report to the Commission and provide the results of
his telephone interviews and background checks of the applicants.
2. Mr. Slavin to narrow the field to a minimum of three and a
maximum of five candidates.
3. Spouses and family of the top candidates will be brought to Atlantic
Beach.
4. There will be no public reception for the top applicants.
5. The top candidates will be interviewed one-on-one by each
Commissioner and then in a group interview by the entire
Commission. Mr. Slavin is to be present during the group
interview.
6. The City Manager Selection Committee members may sit in on the
group interview, but may not participate in the selection.
Ma or Shaughnessy indicated that when the candidates have been reducedYgY
to the final three, she would like to send a delegation from the city to their
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111 respective cities to interview the local residents.
Sewer Connection Letters:
City Manager Thompson reported that the city code concerning the sewer
connection requirements contained wording that the city may commence
billing procedures for the sewer service within ninety days from the date
of notification that sewer service is available, whether or not connection
has been made. He then requested Commission direction as to when to
begin the billing procedure.
A brief discussion ensued concerning the connection requirements set forth
in the city code. It was the consensus of the Commission to begin billing
for sewer service after the 90 day period.
City Manager Schedule
City Manager Thompson reported that he would be out of town June 20-24
and June 27-30 and in his absence Finance Director VanLiere would handle
emergencies.
Millage Rate
City Manager Thompson reported that the millage rate would have to be set
in the near future and indicated he would provide millage information to
the Commission before the next meeting.
Jacksonville to Provide Water to Hanna Park
City Manager Thompson indicated that Public Works Director Kosoy,
Assistant Public Works Director Kaluzniak and he had received
information from the City of Jacksonville indicating that they planned to
provide water to Hanna Park,one of the city's largest customers, and were
also planning to install a sewer line during the Atlantic Boulevard
improvements to tie into their lift station.
City Manager Thompson expressed concern for the impact this would have
on the city's customer/revenue base. City Manager Thompson felt the
Commission should be aware of the situation, and stated that he and City
Attorney Jensen would aggressively research this matter for resolution.
Lot 316 Saltair Subdivision
City Manager Thompson reported that the city received an offer to
purchase Lot 316 in Saltair Subdivision. It was agreed if any Commissioner
wished to pursue this matter further,they should let the City Manager know.
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10. Reports and/or Requests From City Commissioners and City
Attorney
Mayor Shaughnessy
Inquired concerning the next step with R-A-M. City Manager
Thompson responded that the city was waiting for their response
and options to items discussed on June 8, 1999.
Stated she would like to meet with the City Manager, Early Piety,
the arborist recommended by Commissioner Beaver, and
Commissioners Beaver and Borno, to discuss proper care of the
trees affected by the drainage project. City Manager Thompson
indicated he would arrange the meeting.
Suggested that some sewer projects could be identified and the city
could proceed with those projects in order to comply with the
current Consent Order. City Manager Thompson indicated the work
must be permitted as an entire project,not just sewer.
Felt the lines of communication should be kept open with the
Department of Environmental Protection (DEP), and stated she
would like to keep them informed concerning possible extension of
the Consent Order.
Inquired as to the amount of time spent on assessments and lien
letters in the City Clerk's Office. City Clerk King responded that
25%of the time was spent on those items.
Commissioner Beaver
Commented on the new lifeguard building door, which is a ship's
hatch, and felt it would withstand significant storms.
Inquired concerning the dedication of the new lifeguard building
and City Manager Thompson indicated the city anticipated a July
4th dedication, and stated that Cindy Corey, Rene Schiegg and
Susan Dunham were coordinating the landscaping and public
shower to be located at the street end.
Commented that he would like to see the dead Lantana plants
removed from the medians on Atlantic Boulevard and replaced as
soon as possible with Lantana plants;
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Stated he would assist in anyway possible in obtaining the plants '
and getting the medians replanted;
Suggested the city look at the specifications written for median
maintenance by the City of Jacksonville Beach. Mayor Shaughnessy
reminded the Commissioners that the City of Neptune Beach agreed
to share the maintenance costs.
Commissioner Beaver suggested that one contractor do all of the
median maintenance, spraying, fertilization, and palm tree
trimming (with very specific specifications).
Commissioner Borno
Requested that the city collect special needs data in case of a
hurricane. City Manager Thompson indicated the city already had
the data but would need to work with the City of Jacksonville since
they are now providing fire services.
Inquired regarding the status of the zoning overlays for the city map.
City Manager Thompson indicated staff was working on the
request.
Commissioner Mitchelson
Inquired concerning a survey of handicapped accessible sidewalks.
City Manager Thompson indicated that Chief Campbell was
working on this and the DOT will be making the curb cuts on
Atlantic Boulevard in the near future, and curb cuts will also be
included in Town Center.
Mayor Shaughnessy
Requested that the french drains at the beach be closed since the city
will not receive further beach renourishment while they are open.
Submitted a letter from Town Center concerning utility
coordination. Mayor Shaughnessy gave a set of Town Center plans
to the City Manager and stated they hoped to have the bids let by
June 17, 1999.
Inquired if elected officials should attend Water Supply meetings.
City Manager Thompson indicated that it was not necessary since
Assistant Public Works Director Kaluzniak attended the meetings.
Gave the City Manager a letter she had received concerning a
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religious symbol displayed in Howell Park.
Submitted information from the Florida Forever Act signed by
Governor Bush and commented on the disbursement of funds. The
Mayor requested that the first page of the document be copied for
the Commissioners.
Updated the Commissioners on the Pic 'N Save Building, and
reported that the realtor representing Coalition Partnership indicated
they had received sales offers and two lease offers .
Submitted a Department of Community Affairs booklet to the office
of the City Clerk and stated she would like to have it returned at
the end of the week.
Displayed her packet from a recent Metropolitan Planning
Organization (MPO) meeting, at which time the Transportation
Improvement Program for FY1999/2000 -2004 was approved.
Mayor Shaughnessy indicated the flyover was included in the
program, and the meeting provided her a last chance to state the
city's opposition to its inclusion. Mayor Shaughnessy commented
that her research indicated the JTA/DOT could do pretty much what
they liked in any municipality, as long as the project is consistent
with the city's Comprehensive Plan,but she found that the JTA was
not in compliance with either the City of Atlantic Beach or the City
of Neptune Beach Comprehensive Plans and City Attorney Jensen
had presented the city's case before the MPO.
Although the Transportation Improvement Program was approved,
Mayor Shaughnessy stated the matter was now in flux because the
MPO passed a resolution which stated they had reviewed all of the
projects and they were in compliance with the Comprehensive Plans.
It was reported that the matter was placed on the next MPO agenda
for review.
Mayor Shaughnessy distributed copies of the F.5. 348, concerning
Expressway and Bridge Authorities and referenced Sections 3 and
6 and requested that copies of the statute be sent to John DeVault.
A copy of the statute is attached and made part of this official record
as Attachment C.
City Attorney Jensen advised that a legal opinion had been requested
by the MPO from the City of Jacksonville General Counsel as to
whether the flyover was consistent with the Comprehensive Plans
of Atlantic Beach and Neptune Beach.
M S
O E
Minutes Pae -14-
T C
g i o Y
June 14, 1999 ONEN
COMMISSIONERS N D S 0
STrehe gbein no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 9:40 p.m.
Suzanne Shaughne
Mayor/Presiding Officer
ATTEST:
1_-ALL!... - ..,-.
Ma reen King
Certified Municipal Cle
4110
ATTACHMENT A
JUNE 14, 1999 COMMISSION MEETING
ALAN C. JENSEI
Attorney at Law
935 North Third Street
IIIPost Office Box 50457
Jacksonville Beach,Florida 32240-0457
Telephone (904)246-2500 Facsimile (904)246-9960
June 14, 1999
Chief David E. Thompson
Acting City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Johnston, et al, vs. City of Atlantic Beach
Dear Chief Thompson:
You may recall that the attorney for the Johnstons and C.B. Universal filed a Petition For Writ
of Certiorari in the First District Court of Appeal. This was basically an appeal of the Order
entered by Judge Skinner on July 9, 1998, which granted the City's Motion to Dismiss the action
against it in the circuit court and denied the request by Johnston and C.B. Universal that the
matter be stayed, that is, the City not proceed with its zoning of Johnston Island.
I received today an Opinion from the First District Court of Appeal which denies the Petition
For Writ of Certiorari and a copy is enclosed. This Opinion upholds the ruling of Judge Skinner
at the circuit court level, which ruling was in favor of the City.
Hopefully, this matter is now concluded and no further action will be taken. If you have any
questions or if I can provide additional information or assistance, please do not hesitate to
contact me.
Ve 4 truly yours,
lit•,
ALAN C l' NSEN
Enclosure
ACJ/sky
cc: Mayor and City Commissioners (w/enc)
Maureen King, City Clerk (w/enc)
George Worley II, City Planner (w/enc)
r
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT STATE OF FLORIDA
WILLIAM H. JOHNSTON, LAURA NOT FINAL UNTIL TIME EXPIRES TO
JOHNSTON PERKINS, individually,FILE MOTION FOR REHEARING AND
and as Trustee of the Ruth DEPOSITION THEREOF IF FILED
Agnes Stevenson Johnston Trust
and C.B. UNIVERSAL, INC. , a CASE NO. 98-2933
Florida corporation,
Petitioners,
v.
CITY OF ATLANTTC BEACH,
Respondent .
Opinion filed June 11, 1999 .
PETITION FOR WRIT OF CERTIORARI - Original Jurisdiction.
Paul M. Harden, Jacksonville, for Petitioners .
James C. Rinaman, Jr. and Alan Jensen of Marks, Gray, Conroy &
Gibbs, P.A. , Jacksonville, for Respondent .
PER CURIAM.
DENIED.
WOLF, KAHN and PADOVANO, JJ. , CONCUR.
RECEIVED JUN 1 41999
MI
June 14, 1999
ATTACHMENT B
JUNE 14, 1999 COMMISSION MEETING
410 mEmo***************************************
TO: FELLOW COMMISSIONERS
FROM: THEO MITCHELSON
RE: RECOMMENDED WORDING FOR MULTIPLE OFFENDER STATUS
1)First Offense: (the current offense is a "first" offense if there have
been no other citations in the preceding 36 months) . . .Twenty-five dollars
25.00) ; if not paid within 14 days, fine goes to $50.00: if not paid
within 30 days, a Code Enforcement hearing is required which could result
in fines up to $250.00 per day.
2)Second Offense: (the current offense is a second offense if there has
been only one previous citation within the preceding 36 months) . . .One hun-
dred dollars ($100.00) ; if not paid within 14 days, fine goes to $150.00;
if not paid within 30 days, a Code Enforcement hearing is required which
could result in fines of up to $250.00 per day.
3)Third and Subsequent Offenses: (the current offense is athird or
subsequent offense if there have been two or more previous citations
within the preceding 36 months) . . .Mandatory appearance before the Code
Enforcement Board
4 An one cited with a violation of this article who paysays the required
fines and hen goes three (3) years with no offenses return to the
status of having no prior offenses for the purposes of this section.
1111/
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ATTACHMENT C
JUNE 14, 1999 COMMISSION MEETING
Ch.348 EXPRESSWAY AND BRIDGE AUTHORITIES Rs.- t
I) To do all acts and things necessary or conve- (2)(a) An authority in any county as definednientfortheconductofitsbusinessandthegeneral125.011(1), may issue bonds pursuant to this ,welfare of the authority in order to carry out the powers which do not pledge the full faith and credit of thegrantedtoitbylaw,
in such principal amount as, in the opinion •3) Any provision of law to the contrary notwith- authority,is necessary to provide sufficient m• tstanding,the consent of any municipality is not neces- achieving its corporate purposes.sary for any project of an existing or new authority, (b) The bonds of an authority in any c. whether or not the project lies in whole or in part within defined in s. 125.011(1), issued pursuant to thertheboundariesofthemunicipality, if the project is sions of this part, whether on original issuatlpconsistentconsistentwiththelocallyadoptedcomprehensiverefunding, must be authorized by resolution orkplan. However, if a project is inconsistent with the authority,after approval of the issuance of the..affected municipal comprehensive plan, the project a public hearing, and may be either term or''.'- tmaynotproceedwithoutahearingpursuanttoss. bonds, shall bear such date or dates, mature 1t f120.569 and 120.57, at which it is determined that the time or times, bear interest at such rate or ., 4 4projectisconsistentwiththeadoptedmetropolitanpayablesemiannually,be in such denomination*,'a
planning organization transportation improvement such form,either coupon or fully registered,shdplan, if any, and the applicable strategic regional plan,
such registration,exchangeability and interch:and at which regional interests are determined to ity privileges, be payable in such medium of . ,'clearly override the interests of the municipality. and at such place or places, be subject to such, -4) The use or pledge of all or any portion of county of redemption and be entitled to such prioritleegasolinetaxfundsmaynotbemadewithoutthepriorrevenues, rates, fees, rentals, or other cexpresswrittenconsentoftheboardofcountycommis-
receipts of the authority including any county•sioners of each county located within the geographic tax funds received by an authority pursuant tot,*-boundaries of the authority- of any interlocal or lease-purchase agreement.5) Any authority formed pursuant to this act shall an authority,the department,or a county,as •comply with all statutory requirements of general appli- Iution or any resolution subsequent theretocationwhichrelatetothefilingofanyreportordocu- vide.The bonds must be executed by such •mentation required by law, including the requirements the authority determines under the requir -of ss. 189.4085, 189.415, 189.417, and 189.418. 279.06.d'{ 6) Notwithstanding subsection (3) or any other (c) Said bonds shall be sold by the au • .provision of law to the contrary, in any county as lic sale by competitive bid. However, if thodefinedins. 125.011(1),no expressway authority shall after receipt of a written recommendation frontundertakeanyconstructionthatisnotconsistentwithcialadviser,shall determine by official actionboththemetropolitanplanningorganization's transpor- lic hearing by a two-thirds vote of all votingtationimprovementprogramandthecounty's compre- the authority that a negotiated sale of the•• •._.t.
hensive plan.
best interest of the authority, the autho7) In any county as defined in s. 125.011(1), an ate for sale of the bonds with the unde
expressway authority may finance or refinance the writers designated by the authority and/heplanning, design, acquisition, construction, extension, which the authority exists. The authonly 61,--,$, --.;,,'rehabilitation, equipping,q pping, preservation, maintenance, specific findings in a resolution as to the
ems ,or improvement of a public transportation facility or ing the negotiated sale,which resolution tifftransportationfacilitiesownedoroperatedbysuchrateandhaveattachedtheretothewritteSi 4 'G .„
county, an intermodal facility or facilities, multimodal dation of the financial adviser required ht
corridor or corridors, including, but not limited to, bicy- tion (4).
cle facilities or greenways that will improve transports (d) )Any such resolution or resolubor<€ 3,tion services within the county,or any programs or prof- any bonds hereunder which do not • •• y; aectsthatwillimprovethelevelsofserviceonanandcreditofthestatemaycontain • fir
expressway system,subject to approval of the govern-part of the contract with the holders of o; '
ing body of such county after public hearing. authority determines proper. In addibor"
inti
r,.
8 The governingbodyof the countymayenter z'r a4Omayenterintotrustindenturesor.dintoaninterlocalagreementwithanauthoritypursuantbank x ;'
with its fiscal agent, or with any t.
to chapter 163, for the joint performance or perform- within or without the state, as secudl)I
ance by either governmental entity of any corporate and may,under the agreements,a •'.function of the county or authority necessary or appro- revenues,rates,fees,rentals,tolls.Or,,x priate to enable the authority to fulfill the powers and receipts of an authority, including E.'
purposes of this part and promote the efficient and tax funds received by an authority :`effective transportation of persons and goods in such (e) Any of the bonds issued • ,'county._
s
80
are negotiable instruments and
95-149,fs.88,ch2s.
41ch
0s.27,
cn148.
2 h.92-152;S.56,ch.94•237;S.9,ch. and incidents of negotiable inst
merchant and the negotiable I
348.0005 Bonds.— state.r ,
1) Bonds may be issued on behalf of an authority (f) Notwithstanding any of=ths,