MinutesMINUTES
REGULAR CITY COMMISSION lYIEETING
October 10, 2005
CITY HALL, 800 SE1v1INOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Commissioner Paul B. Parsons City Clerk Donna L. Bussey
Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen
Commissioner J. Dezmond Waters III
Absent: Mayor Pro Tem Beaver
Call to OrderlPledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Meserve, was followed~by the Pledge of Allegiance to the
' ~ Flag.
Approval of Minutes 1. Approval of the minutes of the Regular Commission 1Yleeting on
September 26, 2005 and the election meeting of October 4, 2005.
1Vlotion: Approve minutes of the Regular Commission Meeting on
September 26, 2005 and the election meeting of October 4, 2005.
Moved by Waters, seconded by Parsons
Votes:
' Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the rloor to Visitors
Mayor Meserve welcomed Councilman Art Graham and thanked him for
attending the meeting that evening.
A. Laurie i~Tcluiicu~i, Pricuas of Atlantic Pracli I;leineutary School
The Mayor invited Laurie Melancon, from Friends of Atlantic Beach
Elementary School, to address the Commission. He also welcomed to the
meeting Ali Register, the principal of Atlantic Beach Elementary, and other
members supporting the school. Ms. Melancon introduced the new officers
of FABE who were present with her at the meeting.
Ms. Melancon referred the Commissioners to the information they received
on the bids and drawings for the proposed track. She noted that Art Graham
Octohcr 10, 2005 aEGULAR CONINIISSION NIEETING Paee 2
has put in a requisition for money from the City of Jacksonville, and that
money for the project is also being funded by FABE and the school. NIs.
Melancon asked if there were any questions regarding the project or the
Joint Use Agreement with the Duval County School Board.
Commissioner Waters inquired about the proposed number of lanes for the
track. It was explained that there will be four lanes. Commissioner Waters
asked how the issue of drainage in the center of the track would be
addressed. NIs. Melancon responded that the elevation surveys will guide
them in that process.
Mayor Meserve asked if the soccer fields will remain. Ms. Register
confirmed that ajunior-size field will remain inside the proposed track.
Mayor Meserve asked how to ensure that the public will be able to easily
access the joint-use park after school hours. Discussion ensued regarding
options for installing a gate for pedestrians to enter the fenced area. It was
decided to include the pedestrian gate in the plans and in the joint use
agreement.
Commissioner Simmons expressed concern about the soccer fields. She
questioned the City spending additional money to grate and irrigate a new
field after already covering these costs for the original fields. Ms.
Melancon indicated that the cost of irrigation is minimal and that the school
intends to reuse and connect to the existing irrigation system wherever
possible.
Mayor Meserve noted that it is not an item for action on this agenda, but it
is already in the budget so the Commission will plan to go forward with the
project unless there are any objections.
Michael Hoffmann, 176 Camelia Street, introduced himself as being a
resident of Atlantic Beach for sixteen years. Mr. Hoffman discussed the
subject of the citizens' responsibility to contact City officials when there are
questions or a need for information regarding City matters. He indicated his
dissatisfaction with the lack of response from the City Manager regarding a
question emailed to him a number of times by Mr. Hoffman, beginning on
September 18`h. He acknowledged that the City Manager is normally
prompt and thorough with responses, but expressed concern with his
perception that the City Manager did not believe his question deserved an
answer. He asked the Commission to consider this instance when
interviewing Mr. Hanson for his annual review.
Mayor Meserve responded that during his six years of working with City
Manager Hanson he finds him to be very responsive to anyone who comes
before him and he has never heard of NIr. Hanson expressing an attitude
that a question is not worthy of an answer.
Sally Clemens, 1638 Park Terrace West, commented on the results of the
Atlantic Beach 2005 elections and indicated that change is good. She was
October 10 X005 RFGUI AR COMMISSION NIEI/TING Pale 3
happy with the increase in the number of voters at this year's election and
encouraged citizens to stay involved. Ms. Clemens pointed out that the City
Charter has not been changed since August 1993 and suggested that now
would be a good time to revisit it. She thanked the Commission for their
years of community service.
Sheldon Weiner, l5 Tenth Street, stated that he has frequented the tennis
courts at Russell Park for fourteen years. He asked the Commission not to
move the mailbox to that location. He expressed concern for the safety of
children playing in that area with increased traffic if the mailbox were
relocated there. He referred the Commission to the information he
distributed to them and discussed each drawing and document presented.
This information is filed and available as a public record from the City
Clerk's office. Mr. Weiner's discussion included the issue of traffic flow,
citizens' concerns for children's safety, an accident report from the area,
and the possibility of lawsuits against the City. He asked the Commission
to give City staff permission to revisit this issue.
Jayne Bohannon, 280 Camelia Street, acknowledged the amount of City
effort and work put into the park near Jasmine Street [Tideviews Preserve].
She agreed that the City should provide more protection and police officers
in that area, but spoke against the proposal to sell or develop the property.
Ms. Bohannon mentioned the difficulties with launching a boat or canoe in
that area. She asked the Commission to defer their plan and to consider
other options for this small piece of land still remaining untouched in
Atlantic Beach. She thanked the Commission for their time.
Pat Pillmore, 995 Camelia Street, requested that the Commission consider
new ideas for the Plaza and Mayport roads intersection. She discussed the
difficulties involved with crossing Mayport Road and indicated that the
crosswalk light does not allow enough time for a pedestrian to cross the
street. She asked again for large pedestrian crossing signs to be placed in
that area and noted that currently the motorists have no indication that
pedestrians may be crossing the street. She asked the Commission for their
help with this issue.
Susan Green, 343 Beach Avenue, shared an experience she had using her
cell phone to call 911 for emergency assistance at the beach. She expressed
concern with the number of times she was transferred before speaking with
the proper dispatcher. She was informed by public safety offices that
calling from a cell phone, rather than a residential phone line, is the cause of
the delay. Ms. Green suggested forming an adhoc committee to work with
improving 911 response from cell phone calls. She requested that the
Commission look into possible solutions for this and noted that she may
address the Jacksonville City Council with her concerns as well.
Kevin McLaughlin, 272 Camelia Street, suggested that the City increase
police presence in the Tideviews Preserve area before making any
permanent changes to the property there. He noted that he has contacted the
October 1.11, ?005 REGULAR COMMISSION NIEETING Pale 4
Jacksonville Sheriff's Office and requested the same from their department.
Mr. McLaughlin's suggestions included officer lunch breaks in the area at
various times, hidden cameras for monitoring, community involvement, and
renting property for a police residence. He pointed out that developing the
lots would not guarantee a solution to the problem but would be a
permanent change to the area and would destroy the noise buffer for the
residents.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson summarized his written report, which is attached
and made part of this official record as Attachment A. His report
addressed the issue of the Memorandum of Understanding with the Duval
County School Board. He explained that the Duval County School Board
would like to have a new Joint Use Agreement signed if the City of Atlantic
Beach agrees to provide additional funding for a track.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Public Works and Utility Department
Monthly Report and New Occupational Licenses issued in
September 2005 (City Manager)
B. Extend the contract for beach cleaning for one additional year
to Beachcombers at the contract price (Bid 0304-23) (City
Manager)
C. Extend the annual contract for lawn maintenance of city parks
(Bid No. 0304-2 re-bid) for one additional year to Cut'ler's Lawn
Served at the contract price (City LVlanager)
D. Approve Legislative Appropriation Agreement for Hopkins
Creek Grant Funding and authorize the City Manager to sign
the agreement (City Manager)
E. Adjust the pay of the City Clerk, effective 10/1!2005, using the
classification as provided by the consultant (Springsted) and
using the same procedures and pay increase as provided to all
other City General employees (1Vlayor)
Commissioner Waters pulled ltem 4A off the Consent Agenda for
discussion.
1Vlotion: Approve Consent Agenda Items B through E as presented.
October 10 X005 REGULAR COMMISSION NIEi:TING Pa~c 5
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, tiVaters,lVleserve
. Nay: 0
1VIOTION CARRIED
Commissioner Waters commented on the monthly report from the Public
Works department. He discussed the safety issues regarding the City's
retention ponds and children playing in or around those areas.
Commissioner Waters requested that the City send a thank you note to
Representative Don Davis' office for the $400,000 grant appropriated for
the Hopkins Creek Regional Retention Facility.
The Mayor stated that no motion was necessary to acknowledge the receipt
of the monthly reports. _
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
• A. Resolution No. OS-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
EXTENDING THE APPOINTMENT OF ALAN C. JENSEN AS CITY
ATTORNEY, FIXING HIS DUTIES AND RATE OF
COMPENSATION, AND PROVIDING AN EFFECTIVE DATE.
Motion: To approve Resolution No. OS-13.
Commissioner Waters expressed concern with striking the language which
allowed for the Commission to conduct an annual review of the City
Attorney. He indicated that the Commission should retain the right to
annually review each of the three employees that they hire and that
language pertaining to the City Attorney's annual review should remain in
his contract.
Commissioner Waters commented that it was unusual for the City to
provide medical health insurance for a part time employee such as the City
Attorney.
City Attorney Alan Jensen stated that, as presented at the meeting that
evening, the language concerning an annual review of the City Attorney is
removed from the contract. However, he clarified that the Commission still
has the ability to perform a review at any time and he would accept the
contract with or without the language included in it. Discussion ensued
regarding the nature and frequency of the annual review process.
October 10, 2QA~ RCGULAR CONINIISSION ~IIJI;TING Pale 6
Commissioner Waters made the motion to put the annual review language
back in the City Attorney's contract. There vas no second to the motion.
Commissioner Waters then made the following motion, seconded by
Commissioner Simmons:
iVlotion: To defer action on the contract until the first regular
Commission meeting of November.
.. Discussion followed regarding the proposal to allow the new commission to
act on this item. Mayor Meserve spoke against the move to defer action.
He advocated that the current commission members have worked with City
Attorney Jensen for a number years and, therefore, are the most qualified to
evaluate his performance and sign a contract with him. He noted that the
new corrimission would still have the opportunity to change things as they
see fit after taking office.
Commissioner Simmons agreed that the issue should not be deferred for
new commission members to act on it. She stated that the three new
members have not worked with the City Attorney as the current members
have and it is the Commission's responsibility to resolve this item tonight.
Commissioner Parsons agreed with the Mayor and Commissioner Simmons
and stated that he has had a good working relationship with Alan Jensen for
the past few years.
Moved by Waters, seconded by Simmons (To defer action on the contract
' until the first regular Commission meeting of November)
Votes:
Aye: 1-Waters
Nay: 3 -Parsons, Simmons, Meserve
. MOTION FAILED
The Mayor noted that there was still a motion on the floor to sign the new
contract with the City Attorney and approve Resolution OS-13.
• ~ Commissioner Waters pointed out that the City has had the same City
• Attorney for the past seventeen years. He believed that, for the good of the
City and its citizens, the position should be opened occasionally for
someone else to apply for the job.
• lYloved by Simmons, seconded by Parsons (To approve Resolution OS-13)
Votes:
Aye: 3 -Parsons, Simmons, Meserve
Nay: 1-Waters
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
October 10, X005 REGULAR CONINIISSiON MEETING Pace 7
' A. Ordinance No. 20-05-73, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
- FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING
SEPTEMBER 30, 2005
Mayor Meserve explained that this budget amendment is basically a
scrivener's change which moves $45,000 of the Sanitation Utility fund
balance.
Niotion: To approve Ordinance No. 20-05-73 on final reading.
The Mayor opened the floor to a public hearing. There were no public
' comments. The Mayor closed the public hearing and brought the item
before the Commission for discussion. There was no discussion.
IVloved by Simmons, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters, IVleserve
Nay: 0
MOTION CARRIED '
B. Ordinance No. 57-05-22, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES, OFFENSES, CREATING A NEW ARTICLE III,
SEXUAL OFFENDERS AND SEXUAL PREDATORS, AND
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only and explained that
there was a scrivener's error in the ordinance where the residency restriction
' date was written as July 1, 2005, but legally should read today's date.
Motion: To approve Ordinance No. 57-OS-22 on final reading with
scrivener's change to set today's date.
The Mayor opened the floor to a public hearing. There were no public
comments. The Mayor closed the public hearing and brought the item
before the Commission for discussion.
Commissioner Waters commented that there has been a lot of interest in this
issue lately. He declared that he still objected to the seventh "Wheareas"
language in the ordinance and opposed any statement which appeared to
equate adult entertainment with pedophilia. He asserted that the language
should be stricken from the ordinance. Commissioner Waters also found
the title of the Article to be misleading. He pointed out that the ordinance
deals only with sexual predators and does not address sexual offenders as
October 10, X005 REGUI AR CONi1~1ISSION NIi;ETING Pale 8
stated in the title. He did not consider this legislation to be comprehensive
enough for protecting children. Commissioner Waters also questioned why
the language did not include the definitions of sexual offenders and sexual
predators and believed these definitions should be included in the
ordinance. He admitted that he would reluctantly vote for the ordinance,
though it was not written to his liking.
Commissioner Simmons noted that those definitions have been previously
defined by the State and therefore hold true for the City as well. However,
she acknowledged that it might be good to include them in the City's code
for clarification. She also pointed out that the seventh "Whereas" language
is a Florida Statute and therefore the City is including the language to
demonstrate the same boundaries as declared by the State.
' ~ Mayor Meserve brought up two issues concerning the proposed ordinance.
. His first point was that other governmental entities were passing the same
type of legislation. Therefore, he believed that adopting this ordinance
' would allow the City to defend itself from the problem of sexual predators
moving into the area when not allowed in neighboring jurisdictions. The
Mayor's second point was that the City needed to have a code established
so that the police department can enforce the issue.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters,lVleserve
• Nay: 0
MOTION CARRIED
C. Ordinance No. 90-0~-187, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
REZONING LANDS AS DESCRIBED HEREIN FROM
COMMERCIAL GENERAL (CG) '1'O 12ESIDENTIAL, S1i~1GLE-
FAIVIILY (RS-1); PROVIDING FINDINGS OF FACT; PROVIDING
A SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Meserve read the ordinance by title only.
Motion: '1'o annrove Urdinance No. 90-US-1137 on tirst reading.
Mayor Meserve remarked that some issues that are moving forward, yet still
require more work, might be best addressed and acted upon by the next
• commission. He reviewed the background history behind the decision-
, making process for this proposed ordinance and noted that a public hearing
was held over the weekend on this subject. He further explained the
purposes behind the proposal are to increase police presence and to place
more people in the area in order to create a safe neighborhood atmosphere.
He pointed out that the new commission will still have more points for
October 10, ~QOS REGULAR CONIMISSION MEETING Page 9
decisions involving the project, but the current commission has two options.
He remarked that they could either defer the whole issue for the new
commission to act on, or they could approve rezoning the land and thus
allow the incoming officials to follow through with a plan they deem
appropriate.
Commissioner Waters clarified that the motion on the floor only
• specifically addresses rezoning the property and does not establish the four
• lots to be developed. The Mayor confirmed that the proposal is solely to
change the zoning of the four lots from Commercial General to Residential.
lYloved by Parsons, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, Waters,lvleserve
Nay: 0 '
MOTION CARRIED
It was noted that the second reading of this rezoning will be at the next
regular Commission meeting.
Miscellaneous Business 8. Miscellaneous Business
• A. Request by Ronny Mitchell for aUse-by-Exception (File UBE-
2005-08) to allow for the sale of used automobiles on property
within the Commercial General (CG) Zoning District and
located at 1850 Mayport Road (City IYlanager)
Motion: To approve Request by Ronny Mitchell for aUse-bv-Exception
(File UBE-2005-OS) to allow for the sale of used automobiles on property
within the Commercial General (CG) Zoning District and located at
18501~tayport Road .
The Mayor noted for the record that the Community Development Board
recommended denial of the request. He opened the floor to a public hearing
on the issue.
• Ronny Mitchell, 1887 Mayport Road, introduced himself as a resident of
• Mayport Road and as the owner of the business requesting the Use-By-
• Exception. He mentioned that he has attempted to make the property more
presentable by landscaping, painting, and general straightening up of the
area. He reported that currently there is a car dealership occupying the
• building.
There were no additional comments from the public. The Mayor closed the
public hearing and brought the item before the Commission for discussion.
• Commissioner Parsons asked how the request could be denied when there is
currently a car dealership already located on the property. Sonya Doerr,
Octohcr 10, ~00~ REGULAR COMMISSION MEETING PaEC 10
Director of Planning and Zoning, stated that aUse-By-Exception is only
granted to the owner and is non-transferable with the property. Therefore,
she explained, a new owner needs to request a new Use-By-Exception.
Mayor Meserve was sympathetic to the applicant's request given the fact
that a car dealer already exists on the property, however, he recognized that
the City has been working diligently towards eliminating and preventing
more car lots on Mayport Road. He commended the Community
Development Board for supporting the Commission in those endeavors. In
the best interest of the City, he supported following their recommendation
in order to adhere to the Comprehensive Plan.
Commissioner Waters acknowledged that this process is never easy, but
professed that it is time to see Mayport Road change its appearance. He
strongly t~pposed approving the request.
Moved by Parsons, seconded by Simmons
' Votes:
Aye: 0
Nay: 4 -Parsons, Simmons, Waters, Meserve
MOTION FAILED
An acquaintance with Mr. Mitchell asked if the Commission's decision
could be appealed. Mayor Meserve responded that it could be appealed in a
court of law.
City Manager 9. City Manager
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. He congratulated
Chief David Thompson, Director of Public Safety, for receiving the
Outstanding Criminal Justice Professional Award from the Southern
Criminal Justice Association. He remarked that this is a very prestigious
award given by a group of academics who are mostly criminal justice
educators and researchers.
The City Manager also addressed some of the comments and questions
regarding the Mayport Road plan, specifically with the median cuts. He
reported that he and Rick Carper, Director of Public Works, have discussed
what options are available to vary the plan as presently drawn and why
there are limitations on putting new openings in the proposed medians.
He asked Mr. Carper to give a brief presentation on the process and
limitations involved.
Mr. Career's presentation included information on Access Management and
the differences between Mayport Road and Atlantic Boulevard that affect
Octoher 10, ?01)5 Ri:GUI,AR CONINIISSION hIiJETING Page 11
how the medians can be created and located. He reviewed the history of the
studies performed for the suggested improvements and discussed the
approval process required for the proposed accesses. Mr. Carper
demonstrated that some of the variables affecting the project include the
road's speed limit, the width of the medians, the amount of spacing between
. the medians, and the safety issues involved.
Commissioner Waters led a discussion regarding the possibility and effects
of changing the speed limit on Mayport Road. The Mayor reported that the
FDOT stated they would not consider changing the speed limit until after
the medians are in place.
. Commissioner Waters inquired if the foliage to be planted on the medians
would be palm trees. Mr. Carper responded that the ability to plant trees on
the median requires a variance from the FDOT. City Manager Hanson
explained that, due to the width of the medians, only shrubs can be planted
without a variance. Mr. Carper indicated that GAI Consultants, the City's
• designers, will submit the formal variance request by October 24`h.
Commissioner Simmons addressed Ms. Pillmore's concerns regarding the
difficulties in crossing the intersections on Mayport Road. She agreed that
there did not seem to be a safe time or place for pedestrians to cross.
Commissioner Simmons asked that the City work with FDOT to provide
safer pedestrian crossing, specifically at the Plaza Road intersection. Mr.
Carper noted that he had just recently met with an FDOT engineer at the
Plaza intersection and addressed those concerns along with the issue of
timing the traffic lights appropriately.
Reports/Requests 1Q. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Waters
•:• Supported Commissioner Simmons' suggestion for improving the
pedestrian crossing at Plaza and asked that the City look into the
same situation at Atlantic Boulevard and Third Street.
• Asked if the Begonia [Jasmine] Street retention pond can be fenced
or sloped in order to improve safety issues. Also asl:cd that the City
find a way to eliminate the sandspurs in that area.
•:• Discussed canoe launches and noted that the City received bad
advice regarding the launches at two of its parks.
•:• Suggested that the City install cameras at the Tideviews Preserve
area to better monitor and trace the activities there, He noted that an
increased police presence is warranted for that area.
•:• Discussed the status of Jordan Park and asked that the City maintain
it in a better manner.
October 10, 201)5 REGULAR CONiNIISSION MEETING Page 12
•:• Asked that the City add a memorial for the deceased sculptor of the
artwork in front of the Public Safety building.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at.8:43 p.m.
John Meserve, Mayor/Presidingofficer
ATTEST:
Donna L: Bussey
City Clerk