Minutes - 03-12-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, MARCH 12, 2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Bomo
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Meserve at 7:15 p.m. The
Invocation, was given by Commissioner Bomo followed by the Pledge of
Allegiance to the Flag.
Approval of the minutes of the Regular Meeting held
February 26, 2001
The minutes were unanimously approved as presented.
2. Courtesy of the floor to visitors:
Pat Pillmore of 995 Camelia Street inquired or commented on the
following items: (I) Commented that the right merge lane under
construction from Mayport Road onto Atlantic Bouievazd appeared to be
narrow and inquired if a bike path would be included. City Manager
Hanson suggested that she review the plans at the Public Works
Department, (2) hoped the dock would be included in the first phase of
Dutton Island construction, and (3) inquired when construction would
begin on the improvements to the intersection of Plaza and Mayport
Road. Mayor Meserve indicated that as of this time a definite date had
not been set.
Bob Totter of 27511`" Street inquired or commented on the following
items: (1) Commented on the need for voting districts in Atlantic Beach
and presented demographics supporting his position, (2) commented on
the Government Comer column in the recent issue of Tideviews and (3)
inquired regazding the type of material which would be used to resurface
the tennis courts (Item 4B).
Scott Owens of 1911 Creekside Circle praised the efforts of the Selva
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Mazch 12, 2001
Mazina Streets Committee and thanked them for their work. He urged
the Commission to accept their recommendations (Item SC).
Jay Solomon of 485 Saturiba Drive also thanked the Selva Mazina
Streets Committee and stated that he was happy to see some action finally
being taken regazding the streets and drainage problems in his area.
A. Arbor Day Proclamation
Mayor Meserve read the Proclamation in its entirety, proclaiming Mazch
31, 2001 as Arbor Day in the City of Atlantic Beach.
3. Unfinished Business from Previous Meeting
A. Follow-up report from the regular meeting of February 26,
2001 (City Manager)
City Manager Hanson summarized his written report and commented on
the following:
Meeting with YMCA and Join Together Jacksonville -Joint funding
for Feasibility Study for Community Center
City Manager Hanson reported that he met with representatives from the
YMCA and Join Together Jacksonville on Wednesday, Mazch ?`h to
discuss the need for a community center, as well as joint funding of a
feasibility study. He indicated that the meeting was well attended and
the representatives agreed that a community center was needed,
especially one that would provide good, positive programs for teenagers.
It was reported that the feasibility study would cost approximately
$25,000, and each agency agreed to investigate funding sources for the
study. City Manager Hanson hoped to have information regarding
funding the study in two weeks.
City Attorney Legal Opinion -Continued Use of Purvis and Gray for
Audit Services
City Attorney Jensen summazized his opinion and stated that it would not
be legal for the city to exclude the company from bidding on future audit
contracts, but procedures could be adopted and followed to insure
equitable distribution of contracts among qualified auditing firms.
City Attorney Jensen advised the city to consider setting up a procedure
for future selection of auditing firms. The opinion is attached and made
part of this official record as Attachment A.
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March 12, 2001
4. Consent Agenda
Mayor Meserve requested that Item 4B be removed from the Consent
Agenda for discussion.
A. Acknowledge receipt of monthly reports from Occupational
License, Public Works and Recreation Departments (City
Manager)
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
B. Award Contract to Whalen Tennis Company of Florida for
resurfacing five tennis courts at a cost of $12,120 pursuant to
the specifications of Bid No. 0001-4 (City Manager)
Motion: Approve Consent Agenda Item B as recommended.
Parks and Recreation Director Johnson explained that the bid was for
resurfacing five existing tennis courts with a product called Plexipave
and he was not aware of how the original surface was chosen. It was
pointed out that Plexipave would not change the existing surface.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
A. Nancy DeCandis with report from Cultural Arts Board
Nancy DeCandis, Chair of the Cultural Arts Boazd, requested
Commission consideration to extend the contract of First Night Executive
Director Kim Armstrong until the organization's 501(c) 3 designation
was approved. Ms. DeCandis reported that First Night activities would
be held this yeaz.
Commissioner Borno inquired concerning a time frame for the approval.
City Attorney Jensen indicated it would take approximately ten days for
the incorporation to be processed and received from Tallahassee. It was
his understanding the IRS procedure could take from 12 to 15 months
before formally approving the 501(c) 3 status. However, during this
time, First Night could operate as a 501(c) 3 corporation. City Attorney
Jensen further reported that other First Night organizations had received
this status and he did not anticipate a denial of the request.
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Mary Jenkins, President of the First Night Board of Directors, stated that
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March 12, 2001
it had been recommended by First Night International that a Board of
Directors who would accept fiduciary and legal responsibilities needed to
be in place before filing for the 501(c) 3 status. She indicated that there
were three citizens on the Board who were very experienced with First
Night but not with the fiduciary and legal matters.
Commissioner Borno inquired conceming the reluctance to submit the
501(c) incorporation. Discussion ensued concerning this matter and Ms.
Jenkins indicated that the Boazd's recent efforts concentrated on setting
up a steering committee for this yeaz's event, but they would now turn
their efforts to the incorporation process.
Commissioner Bomo suggested extending the contract for sixty days.
Discussion ensued conceming the length of the extension, and Ms.
DeCandis suggested that it be extended through the First Night event or
until the 501(c) 3 status is received.
Commissioner Waters inquired as to the relationship the city would have
with the new corporation. Ms. DeCandis stated that this was a concern,
but the Mayor and City Manager assured her the city would support First
Night and provide a liaison to the meetings.
Commissioner Mitchelson provided background information conceming
the city's relationship with First Night and stated the city had supported
the event monitarily, but it was always the city's intent that First Night
become incorporated and independent from the city. He felt the city
would continue to support the event.
Motion: Extend Kim Anderson's contract to be Executive
Director for First Night from February 28, 2001 until January
1, 2002. _
Mayor Meserve suggested the motion be amended to include "or until the
corporation is formed to the point they can assume the function as the
employer.
.Amendment to the motion: Include the following "or until the
corporation is formed to the point they can assume the
function as the employer, whichever comes first".
Discussion ensued and Commissioner Mitchelson inquired if a time
certain was implied in the motion that took into consideration a time
period after the corporation papers were received in order to make the
transition. Mayor Meserve stated that it was his intent for the contract
to be extended until the corporation paperwork was received back from
the state or to the end of the yeaz, whichever came first. Commissioner
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March 12, 2001
Borno felt the First Night organization Should complete the paperwork
for the 501(c)3 designation, submit the documents and when it comes
back they should stand on their own, have their own employee and run
their own organization. The city could then contract with them to hold
the event, which could be covered during budget discussions.
Commissioner Waters stated that he was unawaze of the financial
situation of First Night and felt it was best to extend the contract to the
January 1, 2002 date. It was reported that First Night had $39,000.00 in
funds.
There was no further discussion and the amendment to the motion tamed
by a four to one vote with Mayor Meserve and Commissioners Beaver,
Borno and Mitchelson voting aye and Commissioner Waters voting nay.
The main motion carried unanimously.
B. DeJean Melancon with report from Recreation Advisory
Board
Mr. Melancon was not present. The written report was accepted as
submitted. No action was taken.
C. Commissioner Borno with Report of the Selva Marina Streets
Committee
Commissioner Borno recognized the members of the Selva Mazina
Streets Committee and thanked City Manager Hanson, Public Works
Director Kosoy and Susan Dunham for all of their work culminating in
the report.
Commissioner Bomo read the report in its entirety while Bob Kosoy
coordinated a Powerpoint presentation showing the need for the proposed
improvements in the area. The report is attached and made part of this
official record as Attachment B.
Keith Falt of 1840 North Sherry Drive, who served on the committee,
praised the efforts of everyone involved. He felt the committee worked
well together and had come up with a good, logical proposal to the city.
He urged the Commission to move forward with their recommendation.
Bill Mayhew of 1870 North Sherry Drive, who served on the
committee, also supported the recommendation. He indicated that his
neighbors also supported the proposed improvements.
Discussion ensued and a public hearing was set for Monday, Apri12,
2001 at Atlantic Beach Elementary School; if the facility was available.
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Mazch 12, 2001
Mayor Meserve indicated that all affected property owners would receive
a copy of the report and a notice of the meeting.
Mayor Meserve thanked the committee members for their work.
Commissioner Beaver left the Commission Chambers at this time.
6. Action on Resolutions:
A. Resolution No. Ol-OS
A RESOLUTION ENCOURAGING THE ENACTMENT OF
STATE LEGISLATION REQUIRING THE USE OF
SAFETY BELTS, AND PROVIDING LAW
ENFORCEMENT OFFICERS WITH THE AUTHORITY
TO ENFORCE THE OFFENSES AS PRIMARY
VIOLATIONS (Commissioner Mitchelson)
Motion: Adopt Resolution No. 01-05.
There was no discussion and the motion carried unanimously.
(Commissioner Beaver was not present for the vote)
B. Resolution No. 01-06 .
A RESOLUTION FOR ASSISTANCE UNDER THE
FLORIDA INLAND NAVIGATION DISTRICT (FIND)
WATERWAYS ASSISTANCE PROGRAM (for construction
of a fishing and viewing pier on Dutton Island) (City
Manager)
Motion: Adopt Resolution No. 01-06.
There was no discussion and the motion carried unanimously.
(Commissioner Beaver was not present for the vote)
Commissioner Beaver re-entered the Commission Chambers at this time.
7. Action on Ordinances:
A. Ordinance No. 90-O1-170 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ZONING AND
SUBDIVISION REGULATIONS, ARTICLE III, ZONING
REGULATIONS, DIVISION 7, SUPPLEMENTARY
REGULATIONS, SECTION 24-167, SITE PLAN REVIEW,
TO PROVIDE FOR STORMWATER DRAINAGE
REQUIREMENTS, AND PROVIDING AN EFFECTIVE
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March 12, 2001
Mayor Meserve read the ordinance by title only.
Motion: Adopt Ordinance No. 90-01-170 on final reading.
Mayor Meserve opened the floor for a public hearing and invited
comments from the audience. No one spoke for or against the ordinance,
and the Mayor declared the public heazing closed.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Public hearing and action on an application for aUse-by-
Exception filed by David and Rebecca Henry to operate a
cabinet shop at the corner of Mayport Road and Jackson
Road (City Manager) ,
Motion: Accept recommendation of the Community
Development Board and approve the use-by-exception filed
by David and Rebecca Henry to operate a cabinet shop at the
corner of Mayport and Jackson Roads in the CG Commercial
General District. (Subject to the conditions that (1) the business
hours of operation be limited to 6:00 a.m. to 7:00 p.m., only, (2)
that all pazking, setback and landscaping requirements of the code
be met, and (3) that the driveway entrance to the parking lot be
from Jackson Road only with no curb cuts on Mayport Road, (4)
that the exception be granted to the applicant only and (5) for this
location only).
Mayor Meserve opened the floor for a public hearing. No one spoke in
favor of or in opposition to the use-by-exception request.
Commissioner Borno confirmed that the following stipulations were
included in the motion: that the exception be granted to the applicant only
and for this location only. Community Development Director Worley
responded that those requirements were implicit in any use-by-exception
recommendation from the Community Development Board and were
always part of the Boazd's recommendation.
There was no further discussion and the motion carried unanimously.
B. Action on an application to operate a tattoo business at 1195
Mayport Road (City Clerk)
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Motion: Approve the application to operate a tattoo business
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March 12, 2001
at 1195 Mayport Road.
Commissioner Borno inquired if all required Health Department
documents had been received. City Clerk King confirmed that they had
been received.
There being no further discussion, the motion carried unanimously.
C. Appointment to the Pension Board to fill the unexpired term
of Cindy Anderson (Mayor)
Mayor Meserve nominated Robert Lipscomb to fill the unexpired terms
of Cindy Anderson on the General Employee and Police Pension Boazds.
Motion: Approve the appointment of Robert Lipscomb to fill
the unexpired terms of Cindy Anderson on the General
Employees and Police Pension Boards.
There was no discussion and the motion carved unanimously.
D. Authorize the Mayor to execute a Memorandum of
Understanding with Atlantic Beach Elementary School to use
part of the school grounds for recreational and educational
purposes (City Manager)
Motion: Authorize the Mayor to execute a Memorandum of
Understanding with Atlantic Beach Elementary School to use
part of the school grounds for recreational and educational
purposes.
Commissioner Mitcheison requested that a correction be made to Exhibit
B, Item 2, to remove "daylight savings time" and replace it with "eastern
standard time." Commissioner Borno requested that a correction be
made to Section 7, Signage of the agreement to remove "City of
Jacksonville" and replace it with "City of Atlantic Beach". It was agreed
to make these minor changes in the wording of the agreement.
Commission Beaver stated that under Section 3, Maintenance of the
agreement, the city would be responsible to maintain improvements
installed on the property. He then referenced Exhibit C Improvements
by the City, which included sod, and expressed concern that it would be
misunderstood that the city would be maintaining the fields. He stated
that it was his understanding that the School Boazd would continue to
mow and maintain the fields since the sod would be installed after the
grading was finished. It was suggested that "Sod for field areas" in
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Mazch 12, 2001
Exhibit C be changed to "Sod for disturbed areas".
Discussion ensued and it was agreed that to avoid further delays,
Commissioner Beaver's concerns would be addressed in the cover letter
included with the agreement.
There was no more discussion and the motion carried unanimously.
E. Authorize the Mayor to sign all paperwork for the 2001 Law
Enforcement Block Grant (City Manager)
Motion: Authorize the Mayor to sign all paperwork for the
2001 Law Enforcement Block Grant.
There was no discussion and the motion carried unanimously.
F. Authorize staff to enter into negotiations with Ivey Harris and
Walls to assist in the completion of the Comprehensive Plan
Evaluation and Appraisal Report .
Motion: Authorize staff to enter into negotiations with Ivey
Harris and Walls to assist in the completion of the
Comprehensive Plan Evaluation and Appraisal Report.
Commissioner Borno inquired as to a deadline for submittal of the
Comprehensive Plan to the state. Community Development Director
Worley explained that there was no specific deadline, however, there
were voluntary amendments to the Comprehensive Plan which could not
be carried out until this process was completed.
There was no more discussion and the motion can•ied unanimously.
G. Authorize the City Manager to sign the Class 10 Ballot
accepting the Chapter 11 Plan of Liquidation in the GRIT
bankruptcy
Motion: Authorize the City Manager to sign the Class 10
Ballot accepting the Chapter 11 Plan of Liquidation in the
GRIT bankruptcy.
City Manager Hanson provided detailed background information on the
bankruptcy. He explained that accepting the Chapter I 1 Plan of
Liquidation would not reduce the city's liability, but would result in the
city receiving the maximum reimbursement from GRIT assets. He
indicated that the amount of GRIT assets and the city's share of those
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March 12, 2001
assets were unknown at this time, but the City Attorney had
recommended that the city accept and sign the ballot.
Commissioner Mitchelson stated that it was his understanding the city
would also be responsible for apro-rata share of all of the losses and
inquired if this was correct.
City Manager Hanson confirmed this as correct, and stated it was felt
there would be enough funds remaining in the GRIT balance after its
losses were paid to give the city a credit towazd its own losses, and any
remaining balance would be paid by the city.
There was no further discussion and the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson reported on the following items:
Reported there would be a luncheon for Scot Maddox, President
of the Florida League of Cities, on Monday, Mazch 19th at noon
at the Sea Turtle Inn.
Reported that the City now owned Regulus Drive and he would
ask the City of Jacksonville to abandon the right-of--way. He
indicated the City of Atlantic Beach would now raise the street to
control flooding problems in the azea.
10. Reports and/or requests from City Commissioners and City
Attorney
There were no reports or requests from the City Commissioners or City
Attorney.
There being no further discussion or business to come before the
Commission, the Mayor declazed the meeting adjourned at 9:00 p.m.
John Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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