MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M: ON TUESDAY, SEPTEMBER 22, 2003.
P12ESENT: John. Meserve; Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Pazsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk.
Alan C: Jensen; City Attorney
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given. byCoxnmissoner Borno was followed by the Pledge of Allegiance
to the Flag::
1. Approval. of the minutes of the Regular Commission meeting:
of September 8, 2003..
Motion: Approve the minutes of the Regular Commission
Meeting of September 8; 2003.
:The motion carved unanimously.
2. Courtesy of the Floor to Visitors
Bernard Kane of 333 Ocean Boulevard summarized his
communications with the Police Department relative to enforcing the
...speed limit on his street and East Coast Drive. He presented a petition
signed byseventy-five residents of the Ocean Boulevard and East Coast
Drive. area requesting that the Police Department enforce the 25 mph
speed limit on Ocean Boulevard and East Coast Drive between Ahern
and Seventh Streets.
Bob Totter of 275 11`" Street stated'he did not object to the construcfion
of a municipal skate park (Item 6B), but felt the city had not thoroughly
investigated'the costs of operating and maintaining such a facility. He
felt the city should have conducted demographicreseazch-and have a
:plan of operation before committing to construction of the park. Mr.
Totter also expressed concern that the city could put a private skateboazd
.facility located in the city out. of business. if it opened the park:
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September 22, 2003
Louis Keith of 1845 Tierra Verde complained that Sandra Phillips,
.who has contracted with the city to use the municipal tennis courts for
private lessons; had requested that local residents vacate the courts
during the busiest time of day: He stated that in the past,,the courts.
were used on a first come, first serve basis and there had been no
problems. Mr. Keith thoughtthatmany ofMs. Phillips tennis students
were non-residents. and thought that Atlantic Beach"residents should. be'
given first consideration.
J.P. Marchioli of 414 Sherry Drive reiterated his position that in order
to slow traffic on Sherry Drive, cars should be diverted to streets with
traffic lights on Atlantic Boulevard.. He also recounted the accident that
occurred several weeks ago in front of his home which, he thought was
caused. by speeding.
3. Unfinished-Business from Previous "Meetings
A: City Manager's follow-up report.
City Manager Hansomreported on each item of his written report. The
City Manager's follow-up report is attached and made part of this
official record as Attachment A.
Mayport Road School Bus Stop
In addition to the written report, City Manager Hanson reported that the
Police Department had investigated the school bus stop located in front
of Brian Christy's business at 1651 Mayport Road and agreed that it was
an unsafe location fora schooLbus stop. He indicated that the Police
Department reported their findings to the Duval County School Board;
and a representative from the School Board would be coming out to
review.the situation. with them.
B. Dangerous'DogReport
Chief Thompson briefly reviewed several sections of the ordinance,
which included the defmition of a "dangerous dog", the process for
investigating complaints,. criminal penalties to the owners, increased
fees and an appeals process.
It was reported that the owner of the dogs involved in the incident
reported at the previous meeting; was found not to have demonstrated
any criminal intent or negligence warranting criminal charges by the
State. Attorney's Office. Chief Thompson indicated the dogswere turned
over to the Weimaraner Rescue Group of Middleburg for relocation to a
rural area.
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.Item 8A was taken out of sequence and acted on it at this time.
8A. Action on a request to defer consideration of a application for
a waiver of the parking requirements related to the
development of a new commercial building at the southwest
corner of Ahern Street and East Coast Drive (City Manager)
.Motion: Defer action on a request to consider an application
for a waiver. of the parking requirements related to the,
development of a new commercial building at the southwest
corner of Ahern Street and East CoastDrive to the October
13, 2003 Commission Meeting.
Commissioners Borno and Parsons :each reported that they had been
contacted by Mr. Dunlap concerning the request.
Commissioner Parsons objected'to the deferral.. City Manager Hanson
indicated that this. item had not been advertised for a public hearing and
no action could be taken to approve or deny the request at this time. .
There was no discussion and the motion carried unanimously.
4. Consent Agenda
A. Acknowledge receipt of report from the BuildingDepartment
and report of Utility Sales for the month of August (City
Manager)
B. Award a contract to Gruhn May, Inc. for Point Repairs
pursuant to the. specifications of Bid No. 0203-23 (City
Manager),
C. Award a contract to W. Earl Floyd & Sons in the amount of
$44,220 for Well Field Improvements at wells No. 2 and SN
pursuant to the specifications of Bid No. 0203-17, and
authorize the City Manager to sign the contract documents
D. ` Approve aone-year extension of the contract with Ace
Fabrications, LLC, for welding pursuant to the specifications
of Bid No. 0102-26 (City Manager)
E. Approve aone-year extension of the contract with Calciquest,
Inc. for the purchase of Orthophosphate pursuant, to the
specifications of Bid No. 0001-26 (City Manager)
F. Approve the purchase of a roll-on/roll-off sludge container
from Galbreath, Inc., in the amount of $15,154.00 as specified
in Bid No. 0203-22 (Re-bid) (City Manager)
G. Waive the formal bidding requirements and authorize the
purchase of Influent Screening Unit for Wastewater Plant #2
from Andritz-Ruthner, Inc. at a cost of $24,920.00 (City
Manager)
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`September 22, 2003
H. Adjust the payof the City Clerk using the classification as
provided by the October 2001 pay study and using the same
procedures and pay increase as provided to all other City
General employees (City Manager)
Motion: Approve :Consent Agenda Items A-H as presented.
The motion carried unanimously..
5. Committee Reports:
There were ao Committee Reports.
6. Action on Resolutions:.
A. Resolution No. 03-09
A RESOLUTTON OF THE CITY OF ATLANTIC BEACH
APPOINTING THE CLERKS, DEPUTIES AND INSPECTORS
FOR THE CITY'S PRIMARY ELECTION TO BE HELD ON
OCTOBER 7, 2003 AND GENERAL ELECTION ON OCTOBER
21, 2003, AND SETTING THEIR COMPENSATION (City Clerk)
Motion: Adopt Resolution No. 03-09.
There was no discussion and the motion carried unanimously.
B: Resolution No. 03-8
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AUTHORIZING AN APPLICATION FOR A
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM GRANT (City Manager)
Motion: Adopt Resolution No. 03-8.
There was no discussion and.the motion carried unanimously.
C. Resolution No. 03-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, TO RESTRICT THE SALE AND POSSESSION
OF FIREWORKS IN THE LOCAL COMMUNITY (City
Manager)
Motion: Adopt Resolution No. 03-10.
Commissioner Borno supportedpassage ofthe resolution and requested
that a copy of the resolution be sent to Mr. Dudley at the Florida League
of Cities. Commissioner Borno indicated that other beach communities
had experienced similar problems with plastic encased fireworks, and
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September 22, 2003
Mr. Dudley is aware of the problems created by the availability of these
fireworks: Mayor Meserve requestedthat copies of the resolution be
sent to Jacksonville Council Member Art Graham, and the cities of
Neptune Beach and Jacksonville Beach:
The motion carried unanimously.
D. Public Hearing and Action oh Resolution No. 03-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, LEVYING THE AD VALOREM PROPERTY
TAX MILEAGE RATE FOR MUNICIPAL PURPOSES ON
ALL TAXABLE: PROPERTY WITHIN THE CITY FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND
ENDING SEPTEMBER 30, 2004; STATING THE
PERCENTAGE BY WHICH THE MILEAGE TO BE
LEVIED EXCEEDS:THE ROLLED-BACK RATE; AND
PROVIDING AN EFFECTIVE DATE (City Manager)
.Mayor Meserve announced thatthe millage rate was 3.0701 for
operating purposes for fiscal year 2003/2004, which was 5.6629
higher than the roll-back rate of 2.9056. He indicated thabthe purpose
for the increase in ad valorem tax revenue was to maintain adequate
funding for the existing level of serviceprovided by the city...
Motion: Adopt Resolution No. 03-06 setting an ad valorem '.
property tax millage rate of 3.0701 for operating purposes for
fiscal year 2003/2004...
:The Mayor then opened the floor for a public hearing and invited
comments from the audience.
Bob Totter of 27511t~ Street felt the :Commissioners should adopt the
roll-back rate.
No one else spoke and the. Mayor closed the public hearing..
Commissioner Borno pointed out that the additional revenues would
cover cost increases for inflation.
Commissioner Waters agreed and pointed out that the Commissioners
had reduced the millage rate by 1/10` of a millage point.
The motion carried unanimously.
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September 22, 2003
`7. Action on Ordinances:
A. Ordinance No. 20-03-62: Public Hearing and Final Reading
AN ORDINANCE ADOPTING THE' FINAL BUDGET FOR
THE CITY OF ATLANTIC BEACH, FLORIDA, FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND
ENDING SEPTEMBER 30,.2004 ,
Mayor Meserve presented in full; in writing, Ordinance No. 20-03-
62. He opened the floor for a public. hearing and invited comments
.from the audience.
No one spoke for or against the. ordinance and the Mayor closed the
public hearing.
Motion: Approve Ordinance 20-03-62 on final reading.
Mayor Meserve commented that the city had not committed all of its
cent sales tax monies, and maintained adequate reserves for the
future.. He further indicated that the city must remain competitive to
keep good employees and he felt the current budgetprovided a fair
wage for employees.
Following brief discussion the motion carved unanimously.
B. Ordmance No. 20-03-61 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTICBEACH,
FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003
Mayor Meserve presented in full, in writing, Ordinance No, 20-03-
61. He opened. the floor for a public hearing. and invited comments
from the audience.
No one spoke fororagainst the ordinance and the Mayor closed the.
public hearing.
Motion: Approve Ordinance 20-03-61 on final reading.
There was no discussion and the motion. carried unanimously:
C. ordinance No. 80-03-67 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, ARTICLE II
WATERWORKS SYSTEM, SEC:22-27(1)(a) AND SEC. 22-
27 (i)(b), CHARGES FOR WATERSERVICES, TO
INCREASE. CHARGES FOR WATER SERVICES;. TO
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September 22, 2003
AMEND ARTICLE HI WASTEWATER SYSTEM,
DIVISION 7, SEWER USER RATES AND CHARGES, SEC.
22-166 ESTABLISHMENT OF A MONTHLY BASE
CHARGE TO INCREASE THE BASE CHARGE FOR
SEWER SERVICE, SEC. 22-167, SCHEDULE OF
WASTEWATER VOLUME CHARGES, TO INCREASE
THE VOLUME RATE FOR SEWER SERVICES; TO
AMEND SEC. 22-174 DELINQUENT BILLS TO"
ELIMINATE CONFLICTING LANGUAGE. FOR THE
CHARGE FOR RECONNECTION AFTER SERVICE
DISCONTINUATIONFORLAON-PAYMENT; TO AMEND
ARTICLE II WATERWORKS SYSTEM, SEC. 22-29 TO
ELIMINATE CONFLICTING LANGUAGE FOR THE
CHARGE FOR RECONNECTION AFTER SERVICE
DISCONTLVUATION FOR NON-PAYMENT; TO AMEND
ARTICLE I, IN GENERAL, SEC. 22-4, AUTHORITY TO
"ADJUST-0R WAIVE CHARGES IN APPROPRIATE
CASES TO ALLOW GREATER AUTHORITY IN
WAIVING DELINQUENT CHARGES; TO AMEND SEC.
22-2, RETURN INVESTMENT POLICY FOR BUCCANEER
PLANT TO ALLOW FOR A LESSER TRANSFER TO THE
GENERAL FUND; TOPROVH)E FOR SEVERABILITY;
TO PROVIDE FOR AN EFFECTIVE DATE
The Mayor read the ordinance by title only. The Mayor opened the
floor for a public hearing and invited comments from the audience.
J.P. Marchioli of 414 Sherry Drive inquired. concerning how often
late fees. could be waived. City Manager Hanson indicated they could
be only waived once, not once a year.
Jane Wyska of 352 Second Street objected to any utility rate
increases: She .also reported that since the installation of the new
water lines on her street; she was. enjoying increased water flow to her
home.
Bob Totter of 27511th Street objected to the transfer of any funds
from Enterprise Funds to the General Fund. He felt the funds should
be retained forrepairs to the BuccaneerPlant.
No one else spoke and the Mayor closed the public hearing:
Motion:. Approve Ordinance No. 80-03-67 on fmal reading.
Commissioner Borno stated that the rate study mandated by the St.
johns ]fiver Water Management District (SJRWMD) was not finished
and the city-would have to make a decision on water rates when it was
completed.
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September 22, 2003
.Commissioner Waters reported that there were waterproblems
throughout the state and the city needed to monitor the SJRWMD to
ensure water was not being sold to south Florida.
D. Ordinance No. 25-03-34 Public. Hearing and Final Reading
AN ORDINANCE. AMENDING. THE CODE OF
ORDINANCES OF THE. CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CERTAIN SECTIONS OF
CHAPTER 8 FLOOD HAZARD AREAS, ARTICLE I IN
GENERAL, AND ARTICLE III, FLOOD HAZARD .
REDUCTION STANDARDS, TO COMPLY WITH
REQUIREMENTS OF T$E NATIONAL FLOOD. `
INSURANCE PROGRAM AND THE COMMUNITY
RATING SYSTEM; PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only. He opened the floor for
public hearing and invited comments from the audience.
J:P. Marchioli of 414 Sherry Drive commented that when his current
mortgage was sold to another company, the new company required him't
have flood insurance. coverage. He inquired if he lived in a flood zone. '
and if passage of the ordinance would affect his property.
No one else spoke and the Mayor closed the public hearing.:
Motion:.. Approve Ordinance No. 25-03-34 on final reading.
..Building Official Ford stated. that more than 200 homes wouldbe affected
and Mr. Marchioli was told.to contact him for information.
City Manager Hanson pointed out a scrivener's error in Section 2,
Subsection 8-5 Definitions,. which will be corrected to read "Lowest Floor
means the lowest floor of the area's lowest enclosed area, ..'."
Commissioner Borclo requested that letters be sent to theproperty owners
affected by the change. Building Official Ford responded that the after
the rating is received from FEMA, the insurance companies must adjust
the rates and notify the policyholders.: Mr. Ford indicated that the Flood
Zone. Map would,also be updated.
.There was no more discussion and the motion carried unanimously.
E. OrdinanceNo. 95-03-85 Introduction and First Reading:
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,.
FLORH)A, AMENDING CHAPTER 14, ANIMALS,
INCREASING AND ADDING CERTAIN FEES, ADDING.
INCARCERATION FOR THIRD AND SUBSEQUENT
OFFENSES. ADDING LiARTi,iTV TIVCTTRe1V('F eivn
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September 22, 2003
SURETY BOND REQUIREMENTS FOR DANGEROUS
-DOGS, ADDING ADDITIONAL FINESFOR DOGS AND
CATS IN HEAT, REPEALING. REGISTRATION AND
TAGGING REQUIREMENTS AND PROVIDING AN
EFFECTIVE DATE "
Mayor Meserve read the ordinance by title only and announced the public
hearing and fmaLreading would. be held October 13, 2003.
Motion: Approve Ordinance No. 95-03-85 on first reading.
Commissioner Borno stated that he understood the work that went into
writing the revisions to the ordinance, but he would like to see the. fees
increased even more than those being recommended.
Amendment to the motion: Increase the fees for. registering. a
dangerous dog from $100 to $500, for the capture of a
dangerous dog running at-large from $150 to $300 and for a
dog or cat in heat running at-large from $100 to $200.
Discussion ensued regarding the proposed. increases. Following brief
.discussion, the motion and second were. withdrawn and it was agreed the
fees could be amended in the future, if problemspersist. The.
Commissioners concurred.
Commissioner Parsons inquired concerning the number of dangerous
dogs in the city and Chief Thompson indicated he was aware of two.
The main motion carried unanunously.
8. Miscellaneous Business:
A. Action on a request to defer consideration of a application fot
a waiver of the parking requirements related. to the
development of a new commercial building at the southwest
corner of Ahern. Street and East Coast Drive (City Manager)
This item was taken out of sequence and. acted on a$er Item 3.
Unfmished Business,
B. Appointments to the Police Officer Pension Board (2) and
appointments to the General Employees Pension Board (2)
.Motion: Reappoint Tony F. Downing and Edward L.
Lipscomb to two-year terms on the Police Pension Board and'
to four-year terms on the General Employees Pension Board.
There was no discussion and the motion carried unanimously.
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September 22, 2003.
C. Approve Change Order No. 11 in the amount of $61,609.20 in
the Core City Improvement Project(City Manager)
Motion: Approve Change Order No. 11 in the amount of
.$61,609.20 in the Core Citylmprovement Project.
City Manager Hanson explained the change order.
Commissioner Borno requested that Neil Aikenhead be properly
recognized for his workon the Core City project when it is
.complete.
There was no discussion and the motion carried unanimously.
D. , .,Authorize the City Manager to execute a contract with John
E. Davie to perform building inspections for the City (City
Manager)
Motion: Authorize the City Manager to execute a contract
with John E. Davie to perform building inspections for the
.City.
There was no discussion and the motion carried unanimously:
E. Authorize Builders Care. to perform CDBG housing
rehabilitation services at 45 Robert Street (City Manager),
.Motion: Authorize Builders Care to perform CDBG housing
rehabilitation services at 45 Robert Street.
.Community Development Director Doerr explained the request as listed
in her memo dated September 15, 2003. The memo is attached and made
part of this official record. as Attachment B.
There was no discussion and the motion carried unanimously.,
F. Approve the purchase of the necessary equipment to provide
wireless connectivity for computer systems at various
locations throughout the city at a cost of $19,457.69 (City:
Manager)
Motion: Approve the purchase of the necessary equipment to
provide wireless connectivity for computer systems at various
locations throughout the city at a cost of $19,457.69.
City Manager Hanson explained that providing wireless connectivity
would reduce the costs of the BellSouth cable connection b $17 783
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September 22, 2003 -
per year, provide connectivity to cityfaciiities where there is no current.
access, and provide faster and more efficient data transmission in some
locations.
Commissioner Waters inquired if wireless technology would be provided
for citizens to access city information.
Chief Thompson indicated that the city was building toward the use of
wireless technology for citizens,but there were security issues to be
: worked out and it was expensive. The memo dated September 15, 2003
:.explaining the request is attached and made part of this official. record as
Attachment C.
.There was no more discussionand the motion carried unanimously.
G. Approve Change Order No. 12 in the amount of $72,372.00 in
the Core City Improvement Project (City Manager)
CityManager Hanson. explained that the estimate for the East Coast
sidewalk had. increased since the memo was written, and the total for the
change order was now $85,623.87.
Public Works Director Kosoy reviewed the projects covered under thee. `
change order. The revised Change Order #12 Summary is attached and
made part of this official record as Attachment D.
Commissioner Beaver stated that he had noticed that the area on East
Coast Drive between Ahem up to the crosswalk by AL's Pizza puddled in
the center of the street and inquired how fast it should drain and if
something could be done about this. Public Works Director Kosoy
stated that he would look into azeas where puddling occurs during the
walk through on Friday.
Discussion of the sidewalk replacement ensued. Commissioner Waters
inquired as to how the sidewalk would be constructed to raise it above
the level of the pavement.. Public Works Director Kosoy. indicated that if
would be replaced with atwo-inch reveal. Commissioner Waters
requested that. if the discretionary work items on the list were prioritized,
that sidewallc replacementbe given a high priority.
Motion: Approve Change Order No. 12 at the amended cost
of $85,623.87.
Commissioner Beaver reported. that the decorative crosswalk installed of
Third and East Coast Drive did not rumble, as it was supposed to do to
alert drivers to slow down. Discussion of installation methods ensued.
Public Works Director Kosoy stated that the next crosswalk would be
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September 22, 2003
installed at 7`" Street with a''/4" rise to see'if that would achieve the
desired effect.
Commissioner Waters felt motorists should be educated to understand
-that pedestrians using a crosswalk have the right of way:
There was no more discussion and the motion carried unanimously.
9. City Manager
A. City Manager's Report
There was no City Manager's Report.
10. Reports and/or Requests From City Commissioners and
City Attorney
Commissioner Borno
• Reported that civilians could get approval to use the tennis
courts at the Navy Base if they pass background screening.
• Urged Commissioners to attend the upcoming FIorida League of '
Ciries Legislative Conference in Orlando.
Commissioner Parsons
• Requested thaYthe City Manager address the tennis court issue.
• Inquired concerning the comment made by Mr. Kane that the
hose was broken on the traffic counting machine for three days
before anyone fixed it, and inquired as to why it took so long to
discover it was noYworking.
Chief Thompson explained that the traffic counting machine was
usually set up for five days.: If the officer who set up the
machine was on his. days off, the machine may not be checked
until he returns..: He indicated that the Police Department did not
have the manpower to check the counting equipment on a daily.
basis:
Commissioner Waters
•:~ Stated that large trucks parking or making deliveries in the
.Town Center (Al's Pizza area) created hazardous situations and
requested that something be done to alleviate the problem.
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• Requested that something be done to recognize Mr. Dagley's
contributions to scouting.
• .Reported that Lad Daniels and he were re-elected to the Board
of Directors of the Northeast Florida League of Cities. He
- indicated that the League was working to have legislationpassed
o stop unfunded mandates.
• Requested that the cityevaluate the parkingproblem at the end
of lot" Street and suggested that consideration be given to early
curfew parking to help the residents who live at the Cloister
.Condominiums with their parking problem.
8• Urged the Mayor to move forwazd with addressing the pazking
problem at Town Center.
• Read an excerpt. from Tree Board Minutes and thought the Tree
.Ordinance did not have enough teeth in if if a homeowner could
remove. a tree without getting a perrnit from the City. He
further stated hat the city could make a developer save or
replace the trees, but could not require the homeowner to live
with existing trees. He thought the city should revisit the Tree
...Ordinance...
• Suggested hat consideration be given to building more tennis
courts to help solve the problem reported by Mr_ Keith. (See
Courtesy of the Floor to Visitors):
.Mayor Meserve
• Requested that the Commissioners meet privately with City
Manager Hanson to discuss his annual evaluation. He indicated
that his compensation package would be discussed at the next
meeting..'
• Complimented City Clerk King for hef good work and for
providing requested information in a timely manner.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meetingadjourned at 9:30
" p.m.
John Meserve
Attest: Mayor/Presiding Officer
Maureen King
Certified Municipal.Clerk
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