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MinutesMINUTES REGULAR CITY COMMISSION MEETING June 13, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:18 p.m. The Invocation, given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. ~~ Approval of Minutes 1. Approve minutes of the Regular Commission meeting of May 23, 2005. Commissioner Simmons referred to page three of the minutes where it was stated that the Mayor expressed concern that every arterial road entering the beaches will be under construction simultaneously. She asked that the minutes include the fact that the Mayor also noted that Mayport Road was not reflected in the MPO plan presented at the meeting. Commissioner Simmons noted incorrect wording on page ten, second bullet from the bottom of the page. She stated that Rick Carper, Director of Public Works, explained that the turn lane is located just barely north, not south, of the existing trees. Commissioner Simmons requested that the minutes be changed accordingly. Motion: Approve minutes of the Regular Commission meeting of May 23, 2005 as amended. ' Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors J.P. Marchioli, 414 Sherry Drive, discussed sex offender information in the area and noted that there were 69 offenders listed within afive-mile radius of his home. He expressed concern with the safety issue of kids sitting on top of the wall at the front of the skate park. Mr. Marchioli June 13, 2005 REGULAR COMMISSION MEETING Page 2 reiterated his concern that there was no traffic count included in the plans for Five Point Intersection improvements. He commented on the ordinance written for the news racks in Winter Park, Florida. Mr. Marchioli believed that the language used in the sexual violation section of the ordinance should not have been included in the Commission agenda packet. Mayor Meserve recognized Councilman Art Graham and thanked him for attending the meeting. Clyde Bradley, 443 Whiting Lane, discussed the Five Point intersection project and stated his disapproval of the plan. Mr. Bradley commented that he believed the project is a waste of $250,040 and believed that the City should spend the money on something more reasonable. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Hanson reviewed each item in his written follow-up report, which is attached and made part of this official record as Attachment A. In addition to his written report, the City Manager also commented on the following. Beach Renourishment City Manager Hanson thanked Councilman Art Graham and Mayor Meserve for their assistance with the preconstruction meeting after Jacksonville's project manager unexpectedly resigned. He reported that the City of Jacksonville has since hired Kevin Bodge of Olsen and Associates to assist and represent them throughout the project. He noted that the renourishment process began last week and is estimated to affect the Atlantic Beach area beginning mid-July and lasting for approximately two and a half weeks. City Manager Hanson reminded the Commission that there are approximately one and a half miles of beaches in Atlantic Beach and Jacksonville Beach that need the dunes rebuilt, but could not be funded by the Corps of Engineers' original contract. However, he reported that the City of Jacksonville, from savings that resulted from the beach renourishment bid being under budget, has since agreed in principal to help pay for the dune restoration work, necessitated by the effects of Hurricane Jeanne last fall. Overall, he reported that the beach renourishment project is going well. Commissioner Beaver suggested that the City send out letters to ocean front residents in order to ensure everyone is aware of the 24-hour s-a-day beach renourishment operation that will be taking place this summer. Mayor Meserve mentioned that he had hoped the local newspapers would print maps depicting the progress of the renourishment process on a day-by-day .Tune 13, 2005 REGULAR COMMISSION MEETING Pale 3 basis in order to keep the citizens updated. The Mayor thanked Councilman Graham for his assistance with the project. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Safety Monthly Report and Monthly Financial Reports for April, Public Works and Utility Department Monthly Report, Utility Sales for April, Building Department Monthly Report and Report of New Occupational Licenses issued in May (City Manager) B. Acknowledge receipt of the 2004 Water Quality Report (City Manager) C. Accept the water and sewer infrastructure in the Junior Enlisted Men Housing development for ownership and maintenance by the City of Atlantic~Beach (City Manager) D. Accept the infrastructure of the Richardson Lane sewer extension for City ownership and maintenance (City Manager) E. Approve the Voluntary Cooperation Agreement between the Duval County School Police and the Atlantic Beach Police Department (City Manager) F. Approve the renewal of the Mutual Aid Agreement between Atlantic Beach, Jacksonville, Neptune Beach, and Jacksonville Beach (City Manager) Commissioner Simmons asked that Item A be removed from the Consent Agenda for discussion. Motion: Approve Consent Agenda Items B through F as presented. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRII;rD Commissioner Simmons noted that the number of phone calls to Animal Control increased tremendously this year. She questioned the reasons for the increase. Chief David Thompson acknowledged that the high increase is unusual and attributed some of it to repetitive calls regarding individual incidents and not necessarily a higher number of incidents. He further explained that when the Animal Control officer is on vacation, such as last month, it is more likely that some people will call a number of times regarding one incident. Motion: Accept Item A on Consent Agenda as presented. ,rune 13, ?005 REGULAR COMMISSION MEETING Page 4 Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters,lVleserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None ' Action on Resolutions 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Ordinance No. 58-05-31, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, AMENDING DIVISION IV, POLICE OFFICER'S RETIREMENT SYSTEM, SECTION 2- 310.27 MEMBER CONTRIBUTIONS TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. He explained that this ordinance changes the members' contributions as it was recently negotiated through the contract with the police union. City Manager Hanson reported that all proposed ordinances dealing with pension plans are sent to the State for review and the State had responded that there were two technical problems with the ordinance. Therefore, it was recommended that the second meeting for adopting the ordinance be deferred until the issues are resolved. It was pointed out that the City of Atlantic Beach is nat permitted to have different pension contribution rates for different groups of police officers, but thaC the City had already established these rates prior to this change in the state law. Mayor Meserve opened the item to a public hearing and asked if anyone wished to address the issue. There were no public comments. The Mayor closed the public hearing and brought it back before the Commission. Motion: Defer second reading of ordinance until agreement with the State is achieved. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED June 13, 2QQ5 REGULAR CONIMiSSiON MEETING Pale 5 Miscellaneous Business 8. Miscellaneous Business A. Presentation of Appraisal for Land for the Hopkins Creek Retention Pond and Authorization to Pursue Acquisition (City Manager) City Manager Hanson noted that the City acquired an updated appraisal of $392,000 for the two-acre piece of the Hopkins Creek property. He reported that City staff recommended offering that amount to the Sunrise Community Church in order to buy the parcel. Motion: Authorize staff to offer the appraised value and begin negotiations with Sunrise Community Church for acquisition of the designated parcel. Commissioner Waters inquired if there is a set percentage above the appraised value that the City is legally allowed to offer. City Attorney Alan Jensen replied that there is no set percentage stated by law, but that the City should negotiate in good faith based on the appraisal they have received. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Web Site Development and Hosting Contract (City Manager) City Manager Hanson reviewed the City's need to change website hosting companies. He reported that, led by Chief David Thompson, the City has evaluated different website companies and has selected one company and its contract for consideration by the Commission. He indicated that approving the contract with the new company would allow the City to operate its website without the current problems and with new features and functions, such as online forms, online payments and email notification of city postings. Motion: Approve si~nin~ the contract with CivicPlus for services as identified in the contract. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED June 13, 2005 REGULAR COMMISSION MEETING Paee 6 C. Accept the ownership and maintenance responsibility for public improvements within and by the Paradise Preserve subdivision (City Manager) City Manager Hanson reported that Rick Carper, Director of Public Works, was currently not in the office and referred the Commission to his staff report on this item. He noted that the utilities and streets for the subdivision are completed and within city specifications, however, the streets are to remain private. He pointed out that the infrastructure improvements for the public recreation area are not yet complete and referred to Sonya Doerr, Director of Planning and Zoning, for more information on the issue. Ms. Doerr commented that the City is working with Mr. Nichols to resolve the issue of the public recreation area. She indicated that if it can not be resolved consistent with the PUD requirements, it will be brought back before the Commission as afnew PUD. Motion: Accent the ownership and maintenance responsibility for public improvements within and by the Paradise Preserve subdivision. Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Request from Paul Nichols of Bestcon Homes to begin construction of additional homes in Paradise Preserve subdivision (Mayor) Mayor Meserve reminded the Commission of their approval given to Bestcon Homes to construct the initial seven homes in the subdivision. He commented that the sales for those residences are going well. The Mayor believed that Mr. Nichols has presented adequate assurance that everything in the subdivision will meet City specifications. Motion: Approve the request from Paul Nichols of Bestcon Homes to begin construction of additional homes in Paradise Preserve subdivision. Commissioner Waters asked Mr. Nichols for further information on how the last remaining issue of public recreation space will be resolved. Paul Nichols of Bestcon Homes responded and reviewed the history of their initial PUD presentation. He discussed his intent to preserve the large trees in the proposed lake area and to create a secondary component within the loop to serve as the park area. However, Mr. Nichols reported that these changes have resulted in a shortage of the required amount of recreation area needed to meet the PUD criteria. He indicated that they are currently June 13, 2005 REGULAR COMMISSION MEETING Page 7 discussing ways to change the loop area into a recreation area and suggested placing a gazebo there as a focal recreation point for the neighborhood. Commissioner Waters commented that the solution presented may skirt the requirements for the PUD and believed that it should be resolved so that " there is a definite recreation amenity located in the subdivision. Mr. Nichols discussed the different ways for viewing recreation and stated that he intends to meet the City's criteria. Commissioner Waters inquired if large emergency vehicles, such as fire trucks, would have problems navigating the roads in the development. Mr. " Nichols believed that the fire trucks would be able to negotiate in any manner needed and did not believe that curbs would prevent the fire trucks from responding. Commissioner Beaver noted that the original intention was to have green space within the PUD and stressed the importance of this. He commented " that the suggested solution would result in eliminating green space from the neighborhood. Mr. Nichols further clarified the design and location of the proposed gazebo and discussed the landscaping of the area. Commissioner Beaver asked if the suggestions proposed by Mr. Nichols would be brought back to the Commission for approval. Sonya Doerr stated there is no requirement in the city code to bring the changes back to the Commission as long as they meet the requirements of the PUD. She noted that they are working through the issue and are still trying to determine the acreage involved. Mr. Nichols informed the Commission that there are also other areas in the neighborhood where green space is made available. Ms. Doerr referred the Commission to the map included in the agenda packet that indicates the buffer areas. Commissioner Simmons asked for further clarification of the area being discussed. Mr. Nichols described the location of the area and explained that it has been laid out, but was reduced in size. Moved by Simmons, seconded by Beaver Votes: " Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Award the contract for the 2005 Beach Avenue Water Main Project (Bid No.0405-16) to John Woody, Inc. in the amount of . $25b,221.70 and authorize the City Manager to sign the contract (City Manager) ,June 13, 2005 RTJGULAR CONiN1I5SION NtIJrTING Page 8 Motion: Award the contract for the 200 Beach Avenue Water Main Proiect (Bid No.0405-1G) to John Woody. Inc. in the amount of • X256,221.70 and authorize the City Manager to sign the contract Mayor Meserve noted he had received questions from citizens regarding the nature of the work. Thus, he clarified that the City is not rebuilding lines but is continuing the improvement system that has been in progress for some time. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED F. Authorize the City Manager to sign the agreement for the Police Department to participate in the local Child Abduction Response Team (City Manager) City Manager noted that this is a new agreement and it increases police focus on child abduction cases. The proposal would create a mutual aid agreement so that regional police departments can join forces and form a child abduction response team. Chief Thompson, Director of Public Safety, indicated that it is beneficial to have trained personnel working on these • cases and reported that the City's police department has already trained three of its officers for this specific area. Motion: Authorize the City Manager to sign the agreement for the Police Department to participate in the local Child Abduction Response " Team Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: o 1VIOTION CARRIED G. Authorize the City Manager to sign the final Communications Site Lease Agreement with Nextel South Corporation (City Manager) Mayor Meserve explained that this is an agreement to place antennae on top of the City's water tower. Motion: Authorize the City Manager to sign the final Communications Site Lease Agreement with Nextel South Corporation June 13, 2005 REGULAR COMMISSION MEETING Page 9 1Vloved by Beaver, seconded by Waters Votes: • Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve • . Nay: 0 MOTION CARRIED H. Possible subdivision and rezoning of lots on West 1St Street (City ' Manager) City Manager Hanson reported that, for over a year, the City has been discussing the issue of bringing more presence and more residents closer to Tideviews Park in order to improve safety in that area. He discussed the proposal of subdividing the city-owned property on West First Street in order to create new lots for residential use near the park. It was pointed out that if the Commission approves, the proposal would be brought before the Community Development Board for replatting and for down-zoning from commercial to residential use prior to any sale of the property. Commissioner Waters inquired if the entire property, or just the individual • lots, would be down-zoned. Sonya Doerr, Director of Planning and Zoning, responded that the entire property would be rezoned and that the individual lots would be 75 x 100 feet, exceeding the RS-1 district standards, but still resulting in a buffer area between the residential and the commercial areas. Commissioner Waters expressed concern that the local residents in the area would perceive the proposal as a loss of their buffer area. He suggested ' that the remaining 200 feet of land be secured as part of Tideviews Park. Ms. Doerr responded that his suggestion could be included in the plan and she discussed the various means for accomplishing his proposal. Commissioner Waters stressed his concern about trees in the vicinity dying due to flooding if the buffer is decreased and reiterated his preference that the remaining 200 feet be put into the park area. • Discussion ensued regarding the language for a proposed motion. Ms. Doerr noted that any rezoning proposed would need to remain consistent with the City's Comprehensive plan designation. Commissioner Beaver reported that he had spoken with five of the eight permanent residents on Jasmine Street regarding this issue. He noted that • the citizens spoke in favor of the project. He indicated that their biggest concern is losing the buffer area. Commissioner Beaver suggested reforesting part of the buffer to help fill in the areas. He also discussed the • idea of fences being installed in order to prevent people from encroaching on the buffer area. He stated that the plan would provide the benefits of creating additional neighbors for the residents' safety and of protecting the • area from future development. une 13, 2005 REGULAR COMMISSION NIrETING Page 10 Mayor Meserve suggested bringing back the appropriate language at the next meeting in order to address the zoning of the property and to guarantee that the park land remains. Motion: Allow staff to carry proposal to the Community Development ' ' Board for review and brim back to the Commission with recommendations for protections in place for the additional community. Commissioner Waters asked for clarification of the maps in the agenda packet and discussed the value of the lots shown. The possibility of creating a buffer out of one of the partial lots indicated on the map was also discussed. ' Moved by Beaver, seconded by Waters Votes: f Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED I. Summary of Winter Park (Florida) news rack code (City Manager) City Manager Hanson gave the history on the Commission's previous discussion regarding news racks and apologized if the language used in Winter Park's ordinance offended anyone. He stated that Atlantic Beach currently has language in its codes that prohibits obscenity and prevents news racks from encroaching on the streets or sidewalks. He pointed out that Winter Park has a requirement that standardizes all news racks to one specific type, but the City does not perceive it as a particularly attractive option. He indicated that City staff does not believe the news rack requirements of Winter Park's ordinance would present any improvement to Atlantic Beach's situation. Commissioner Waters remarked that there was a good conceptual idea in Winter Park's ordinance and suggested that the City look into utilizing - • permitting as a way to discourage any undesirable items. Sonya Doerr, Director of Planning and Zoning, noted that she has attempted contacting Winter Parkin order to get pictures of more attractive options. J. Request for funding from Players By The Sea for $3125.00 (Mayor) Mayor Meserve pointed out that this item was a formal request made to the Commission, but not a recommendation. He remarked that the City has given considerable support to Atlantic Beach's own theater organization. June 13, 28(15 REGULAR COMMISSION MEETING Pa~c 11 He was not in favor of supporting another agency outside the city limits and stated it sets a bad precedent for future requests from other organizations. r Commissioner Simmons stated she has been keeping a list of all the non- profit organizations that have approached Atlantic Beach and other beach ' ' cities for funding. She suggested that the City address the issue at budget time, reassess the City's policy, and not deal with it on a piece-by-giece basis as each case comes before them. K. Discussion on Auditor's Report (Beaver) Commissioner Beaver commented that the auditor at the last Commission meeting mentioned two areas, relating to utilities and pension, that were close to being under budget. He asked staff to review these areas prior to budget time in order to prevent any problems in the future. He suggested addressing the issues at budget time in order to consider ways to fund any shortages. Commissioner Waters agreed that the issues needed to be reviewed. He discussed the issue of storm water being listed as a utility and commented that he did not believe it was ever intended to cover itself as such. Mayor Meserve clarified that the specific issue in the report was that the funding of the pension funds has gone down over the last few years and the City does not want that trend to continue. City Manager Hanson further explained that reasons for the decrease in funding could be attributed to the fact that liabilities have increased. Mayor Meserve agreed that the City should create along-term plan in order to continue monitoring the status of the pension funds. L. Dedication of skate park to Sandy Forsyth (Mayor) Mayor Meserve discussed the memorial service he attended for Sandy Forsyth. He mentioned that he has spoken with the Beaches Rotary Club and they agreed that it would be a nice gesture to place a plaque at the skate park dedicated to the memory of Sandy Forsyth. He reminded the Commission that Sandy Forsyth was one of the original supporters of the skateboard park and had donated $5000 at the very beginning of the project. Discussion ensued regarding the type of plaque to be chosen and it was decided that a recommendation would be brought back to the Commission for approval. June 13, 2o0S REGULAR COMMISSION NI~ETING PaQC 12 City Manager 9. City 1Vlanaber A. City Manager's Report City Manager Jim Hanson summarized his written report, which is attached and made part of this official record as Attachment B. In addition to the items listed in his written report, the City Manager also addressed the following issues. Emergency Purchase Order He reported that an emergency purchase order was issued that day for $12,557 as a change order for new equipment needed to replace a broken valve at the Buccaneer wastewater treatment plant. F Five Points Intersection Design The City Manager distributed the 100% drawing of the project to the Commission. He also passed out a flyer illustrating the lamp chosen to meet the requested efficiency standards of directing light downward, as opposed to sending light upwards. He noted that the type of lamp shown is not supported by JEA so the City will be required to maintain it. He reported that the project will be sent out for bids within the next couple weeks and the City anticipates having the construction begun by August. City Accomplishment List City Manager Hanson handed out a list of City accomplishments. He noted that the list is a rough draft, due to the fact that it was requested earlier this year, as opposed to its normal distribution in September. Commissioner Waters questioned the reasons for the City's janitorial services contract falling through a second time. City Manager Hanson responded that the city has higher expectations than what has been being met by the lowest bidders accepted. Commissioner Waters asked if the City was obligated to accept the lowest bids submitted. City Attorney Alan Jensen responded that by Florida statute, the City has an obligation to accept the best lowest bid presented for the services requested. Commissioner Waters discussed a previous suggestion presented for constructing a sidewalk from Sixteenth Street to Seminole Road. He expressed concern with the safety issue of people currently having to walk in the street and proposed that the project be pursued. City Manager Hanson stated that the issue had been discussed with Rick Carper, Director of Public Works and that it was discovered that they need to consider the fact that a sidewalk would eliminate beach access parking on that street. June 13, ?005 REGULAR COMMISSION MEETING Page 13 Reports/Requests City Commissioners Ciiy Attorney 10. Reports and/or requests from City Commissioners and City Attorney City Clerk •:• Reported that she will be attending the FACC conference in Orlando next week and will be out of the office Monday, Tuesday, and Wednesday. Commissioner Beaver • Discussed two line items in the budget for new sidewalks and sidewalk replacements. He indicated that the City might not use that money this year and suggested that some of the sidewalk replacements scheduled for next year be advanced to this year so that the money would not be lost. • Expressed concern with parents leaving their children at the skateboard park unsupervised. He noted that Item #1 on the waiverJconsent form states that there is no supervision provided by the City at the Atlantic Beach skate park. He advised parents signing the waivers to be aware of and understand this provision. • Discussed the issue of sex offenders and expressed his concern with any number of them being within the City limits. He commented on Miami Beach's new ordinance prohibiting sex offenders within 2500 feet of schools or child daycare centers. He requested that the City review its current laws on the issue and suggested including parks as an area within the City that prohibits sex offenders in its vicinity. He spoke in favor of moving the sex offenders into an area in order to control their location and have police keep an eye on them. Mayor Meserve asked Councilman Art Graham for any suggestions. Councilman Graham stated that the City of Jacksonville is in the process of pursuing the same ideas as discussed by Commissioner Beaver. He addressed the problems they are facing with determining a reasonable distance required from public areas frequented by children, without forcing individuals out of the city. He noted he would keep Atlantic Beach informed on their progress and he encouraged the beach communities to adopt similar solutions as ones developed by Jacksonville. He also mentioned that Councilman Daniel Davis initiated the project and is working closely with their sheriff on it. Chief David Thompson stated that he has reviewed a copy of Jacksonville's proposed ordinance with the 2500-foot restriction distance. He noted that adopting a similar ordinance would basically prevent any sex offender from moving into Atlantic Beach, but they could not kick people out of the city. He further discussed Junc 13, 2005 REGULAR CONINIISSiON MEETING Pale 14 issues of accountability and legal implications of what can be done to protect the City's residents as well as the rights of all citizens. Commissioner Simmons • Indicated that discrepancies in the data reported on sex offenders could be due to the fact that the information is recorded according to zip codes. She explained that the zip code for Atlantic Beach, 32233, includes areas beyond the City's jurisdiction. She discussed the rules that apply to the sex offenders and asked that police be vigilant about ensuring that those individuals abide by the laws. • Referenced a letter from atwelve-year old who believed that the skate park is above certain ability levels and asked for an additional area added to the park for those with lower skill levels. Commissioner Simmons believed that the park is not above anyone's skill level, if it is approached in the correct way. She noted the many different areas of the park that can be used. She suggested that the City monitor the situation of how the park is used by different ages and skill levels and possibly consider establishing blocks of time specifically set aside for those different groups of skaters. She encouraged making the park user-friendly for all ability levels without expending more City money on the issue. Chief Thompson mentioned that a search for data on sex offenders within afive-mile radius from certain addresses in the city would also include sex offenders located in Neptune Beach, Jacksonville Beach, and Jacksonville. He stated that Atlantic Beach has 14 sex offenders residing within the City limits. He directed people to the Public Safety page of the Atlantic Beach website in order to search for information on sex offenders in the area. Commissioner Parsons • Mentioned that there is a Fried Turkey Beach Bash being held on June 18`h in order to support Cancer Research. He noted that he and Councilman Art Graham are on the board together and encouraged everyone to attend and support the cause. Commissioner Waters • Asked for clarification of what defines a sex offender. Chief David Thompson, Director of Public Safety, responded that sex offenders are defined by law, and the definition involves a conviction of lewd or lascivious behavior with a child. Commissioner Waters inquired if it was strictly referring to pedophiles or could it include other types of sexual offenses other than with children. Chief Thompson ,June 13, 2Q05 REGUi,AR COMMISSION MEETING Page 15 responded that the majority of the cases involve children but there are exceptions that involve sex offenses of other types. Commissioner Simmons asked if the state has a pedophile designation separate from other types of sexual predators. Chief Thompson replied that they do not and briefly explained the differences among the various terms used. He offered to submit a staff report to the Commission that would articulate these differences. Mayor Meserve • Addressed a citizen's comments implying that the new design of the Five Points Intersection would be less safe than it is today. He reported that neither~he nor Chief Thompson believe that to be true. He acknowledged that the City is spending some money on aesthetics, however he asserted that it is a miniscule percentage of any of the City's budgets from the last few years. He noted that many other cities and counties do the same and that Atlantic Beach usually spends its money on utilities rather than beautification. He spoke strongly in favor of the project and predicted that the new design will re-create a polite and neighborly atmosphere at the intersection. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:56 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk