Minutes - 04-23-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, APRIL 23, 2001
PRESENT: JohnMeserve, Mayor
Richazd 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 given by Commissioner Borno was followed by the Pledge
of Allegiance to the Flag.
1. Approval of the minutes of the Regular Commission Meeting
of April 23, 2001.
Motion: Approve the minutes of the Apri123, 2001
Commissiou Meeting as presented:
The motion carried unanimously.
2. Courtesy of Floor to Visitors:
Alan Potter of 374 Second Street referenced the April 16th Public
Hearing on the proposed changes to the Zoning Ordinance and stated that
he had taken an informal survey of duplexes on the three hundred block
of Second Street and found eight duplexes and eight single family
homes. He felt the proposed density change from allowing duplexes to
only single family homes between First and Fourth Streets would be too
harsh on existing duplex owners.
He requested that the Commission seek a legal opinion as to what the law
permits concerning rebuilding of an existing duplex. Mr. Potter cited the
Supreme Court Case of Lucas vs. South Carolina and stated that he
believed the city could not prohibit the rebuilding of an existing duplex
in the azea, but could pass regulations concerning its construction. He
felt the city should reseazch this matter further.
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Mayor Meserve responded that the Community Development Board had
worked diligently to revise the ordinance with the intent to close any
loopholes and correct any inconsistencies and had made their
recommendation to the Commission. Mayor Meserve indicated that
additional workshops would be held to address the issues brought up
during the public hearing.
Commissioner Mitchelson felt that the duplex problem was an
unintended consequence of the well intentioned work of the Community
Development Board and the problem could be worked out with further
workshops and public input.
Commissioner Borno concurred with Commissioner Mitchelson.
Pat Pillmore of 995 Camelia Street reported that she had attended
Jacksonville Transportation Authority Mass Transit Workshop and
learned that four citywide mass transit corridors were being considered,
one of which was Atlantic Boulevard. She indicated that evaluation of
the comdors was based on the positives and negatives found along the
routes.
Bob Totter of 275 11th Street requested that the stop signs located at
1 l~' Street and East Coast Drive, at 11`h Street and Ocean and at 12th
Street and Ocean be removed and replaced with "Pedestrian Crossing"
signs
Commissioner Waters stated he was concerned for pedestrian safety and
inquired concerning marking a street for a pedestrian crossing and the
traffic law concerning pedestrians. Public Safety Director Thompson
explained pedestrian safety rules
Discussion ensued and Commissioner Mitchelson pointed out that the
Commission had previously acted on this request arid chose to leave the
stop signs in place since several citizens indicated they wanted them to
remain.
Commission Correspondence
Mayor Meserve commented on the following. correspondence received
by the Mayor and Commissioners:
Lndicated he would not respond to an unsigned letter concerning
issues with the Police Department since the information could
not be verified.
Indicated that the Beaches Pazk Project to construct a regional
park in south Jacksonville Beach were still seeking support and
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recognition for the project through donations for fence and other
small items.
Indicated that he had responded to the resident on Francis Avenue
concerning drug dealing in the area, and indicated that he would
meet with the resident, walk the area and see what could be done
to stop the on-going problem.
A. Reynolds, Smith & Hills with report regarding revitalization of
Mayport Road corridor
Mayor Meserve introduced Monty Salim of the engineering firm of
Reynolds, Smith and Hills who reported on the Metropolitan Planning
Organization (MPO) study of the Mayport Road comdor. The following
items were addressed and' evaluated in the report: Access to the
commercial area west of the flyover retaining wall, access to the post
office and related impact on the Plaza intersection, truck traffic diverted
to the residential areas west of Mayport Road, and traffic flow patterns
east and west of Mayport Road.
Mr. Salim reported that four different alternatives were evaluated and
when analyzed, the second and fourth alternatives were found to be the
best choices. (Aerial maps illustrating the four alternatives displayed
aze on file in the Office of the City Clerk). The Access Study listing the
four alternatives is attached and made part of this official record as
Attachment B.
A question and answer session followed the presentation and the
different alternatives were discussed in detail. Mayor Meserve
expressed concern for the post office entrance area, and Mr. Salim
indicated that some type of an agreement would be required for access to
the post office through the private driveway on Plaza.. Mayor Meserve
requested that staff continue to keep in touch with the JTA as the project
moves forward causing shifts in traffic patterns. Commissioner
Mitchelson inquired if the JTA would participate monetarily in finding a
solution to the traffic problem at the post office.
City Manager Hanson indicated that the JTA will assist with the
removal of the Plaza Street hump, and had agreed conceptually to help
study issues caused by the flyover, but there was no concrete
commitment. City Manager Hanson indicated the Jacksonville
Transportation Authority (JTA) had been given information on the
Second Street turn lane but had not responded. He stated that the
Commissioners would be given a final report from RS&H after the JTA
comments are received. City Manager Hanson indicated he would
contact the JTA after the final report was received to discuss the post
office, funding, and a timetable for completion of the alternatives.
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3. Unfinished Business from Previous Meeting
A. Discussion and possible action regarding lifeguard pay rates
City Manager Hanson reviewed Chief Thompson's report comparing
rates of pay for the lifeguards and indicated that the recent pay increase
kept the city competitive with surrounding area agencies. It was pointed
out that any further increase would require a budget adjustment.
Discussion ensued concerning the pay rate for Senior and Supervisory
positions. Commissioner Waters felt the lifeguards should be paid the
Hanna Park rate since they received no overtime pay.
Motion: Adopt a pay scale equal to Hanna Park.
The motion died for lack of a second.
It was the consensus of the Commission to follow the staff
recommendation and continue with the pay scale adopted during the
Apri19, 2001 Commission Meeting.
B. Report regarding alcoholic beverage violations and
occupational licenses
Chief Thompson reported that there was nothing written in the City Code
of Ordinances which would allow the city to revoke a business license
for violation of the beverage laws. Chief Thompson.indicated that the
City Attorney could obtain an Attorney General's Opinion, if the
Commission desired.
Chief Thompson also reported on another sting targeting sale of tobacco
products to minors and. indicated that business owners were getting the
message since few sales occurred.
Discussion ensued and Commissioners Mitchelson and Beaver requested
an Attorney General's opinion on the legality of such an ordinance. It
was the consensus of the Commission to have City Attorney Jensen
obtain the opinion.
C. Follow-up report from the regular meeting of Apri19, 2001
City Manager Hanson reported on the following items:
• Bull Park Restrooms -Reported that Architect Tat Chan had
recommended a freestanding restroom be constructed at a cost of
$35,000. Other choices offered were combining the two old
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restrooms in the building to make one unisex restroom with an
outside door, or extending the building ten feet to put in two
restrooms with outside doors facing the playground at a cost of
$50,000. It was suggested that this item be considered during
the upcoming budget workshops.
Reported that the old incinerator site'soil borings required by the
Department of Environmental. Protection (DEP) had been
completed, and the small amount of,lead found l-3' below the
soil surface posed no immediate threat of lead exposure to any of
the residents. He indicated he would keep the residents and
Commissioners informed of the bEP's final response to the
city's report.
Chief Thompson reported on the following:
• Reported that Parks and Recreation Director Johnson and he
attended a Florida Inland Navigation. District (FIND) meeting on
Saturday in Daytona Beach and the city was approved to receive
• "funding for the improvements to Dutton Island. He indicated that
the bid for the project would be advertised on Sunday and apre-
qualification meeting was scheduled for May 11, 2001, with bids
due June 6, 2001.
Discussion concerning the proposed canoe launch ensued, and
Commissioner Waters expressed concern regarding its design and
location. He pointed out that the launch site at Tideviews
Preserve was inadequate during low tide, and he felt the site
proposed for Dutton Island was located too far away from the
parking area to carry a canoe or kayak. Chief Thompson
indicated that the city had a cart with lazge wheels to aid with the
transport of canoes or kayaks.
Commissioner Beaver inquired if the dock at Tideviews Preserve
could be modified and Chief Thompson felt it would be less
expensive to build a new floating dock.
4. Consent Agenda:
There were no Consent Agenda items.
5. Committee Reports:
There were no Committee reports.
6. Action on Resolutions: Resolution No. 01-07
A. A RESOLUTION OF THE CITY OF ATLANTIC BEACH
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AUTHORIZING THE MAYOR TO EXECUTE A
MAINTENANCE CONTRACT BETWEEN THE CITY OF
ATLANTIC BEACH AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION, AND PROVIDING AN
EFFECTIVE DATE (City Manager)
Motion: Approve Resolution No. 01-07.
There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
There was no action on Ordinances.
8. Miscellaneous Business:
A. Appointment to fill unexpired term on the Code
Enforcement Board, with term expiring September 30,
2001
Motion: Appoint Peter Wynkoop to fill an unexpired
term on the Code Enforcement Board with the term
ending September 30, 2001.
There was no discussion and the motion carried unanimously.
B. Discussion and possible action regarding appointments
(4) to Cultural Arts Board (Mayor)
Mayor Meserve stated that he would like to have a Resolution on the
next agenda to change the terms of the Cultural Arts Board members
from two to four years. He indicated that he wished reappoint
Nancy DeCandis, Alice Gartland and Mazy Lou Boyer to the Board
and appoint Joyce Totter to fill the term of Kann Clark
Motion: Reappoint Nancy DeCandis, Alice Gartland
and Mary Lou Boyer and appoint Joyce Totter to fill the
term of Karin Clark on the Cultural Arts Board.
A brief discussion ensued concerning term limits and election of the
Board Chairman. The motion carried unanimously.
9. City Manager Reports:
City Manager Hanson reported. on the following items:
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Reported that the Public Works Union filed a Unit Clarification
Petition to expand the Union to other departments, which was
later withdrawn.
• Reported the city had received a petition for a speed bump in the
100 block of Magnolia Street. The Public Safety Director will
review the request and report back to the Commission.
Reported that a boil water notice had been issued to residents in
the vicinity of Mayport Road where the contractor working on the
flyover had broken a water line. It was fixrther reported that the
problem was corrected, the notice was lifted and the residents
notified.
City Manager Hanson distributed his: Strategic Action Plan to the
Commissioners, which included the top fourteen objectives
selected by the Commission and the action required for their
accomplishment. It was pointed out that half of the objectives
required major Public Works Department staff time and they
could not be accomplished with the current staff. City Manager
Hanson recommended the following: (1) Hire a technical
designer to reduce the need for outside consultants at a cost of
approximately $50,000, including benefits, (2) promote Donna
Kaluzniak to Department Head status, (3) change the city's
method for procurement of engineers for small jobs by instituting
an on-going contract with fixed prices and a cap, and (4) hire a
part-time clerical assistant for fifteen hours per week at a cost of
approximately $11,000 per year.
City Manager Hanson stated that he would ask Commission
approval to hire the technical designer and part-time clerical staff
at the next meeting and requested the. Commission's conceptual
approval of hiring the engineer for small jobs. There were no
objections to the request.
The Strategic Action Plan Report is attached and made part of this
official record as Attachment B.
A. Report regarding street maintenance scheduling software
Public Works Director Kosoy thanked Streets Division Director Phil
Nodine for all his hard work inputting together the street maintenance
program. He indicated that the Overall Condition Indices (OCI's) for
the streets were generated by a cartegraph softwaze program. Using a
Powerpoint presentation, Public Works. Director Kosoy reported that
each street in the city was surveyed and rated, with poor ratings given to
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unpaved streets and the best ratings to those streets recently repaved. A
list of streets and their condition was displayed.
The current work plan was briefly discussed at a total cost of $98,632. A
ten year maintenance program was recommended beginning with the
current fiscal year as the first year of the program. City Manager
Hanson indicated .gas tax funds would be spent on street maintenance.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Beaver
Updated the Commissioners on the Adele Grage Community
Center fund raising efforts for building improvements. He
indicated that there were two potential large donors and others
who would like to be involved. He requested Commission
opinion on placing small, discrete, bronze plaques in recognition
of sponsorship, in various rooms of the building. No one
objected to the idea ofrecognizing donors in this manner.
Commissioner Beaver hoped to have various fund raisers
throughout the summer, including a tent party and penny jars for
children's donations. Commissioner Beaver also suggested
changing the name of the building to the Adele Grage Cultural
Center. No one objected to the suggested name change.
• Reported that he would be out of town the rest of the week
Commissioner Borno
• Indicated he would be out of town May 15-25`h
Suggested the Commission investigate implementation of the
innovative ocean rescue system developed by the St. Augustine
lifeguards.
Referenced a Florida League of Cities Bulletin concerning fire
safety mazked "Urgent" and requested that the city send a letter to
the Duval County Delegation opposing Senate Bill 1970 and
House Bi11681 mandating. two-in, two-out firefighter minimum
staffing and granting broad authority for the Division of State Fire
Marshal on all other safety rules and regulations as usurping the
authority of the city.
Motion: Send a letter to the Duval County Delegation
opposing SB1970 and HB 681.
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The motion carried unanimously.
Commissioner Waters
• Commented on a letter received from Ms. Norman concerning the
19`h Street Beach Access beautification project and felt the pine
tree(s) should be kept in the plan.
• Felt implementation of thelandscaping code should be triggered
sooner than required by the current code, and requested that the
Commission amend the code to reflect this requirement.
Commissioner Mitchelson
• Announced that Lindsey Thompson had won the first scholarship
awarded by the Teen Council. Commissioner Mitchelson
thanked the newspapers for their coverage of the winner.
Mayor Meserve
• Expressed displeasure that the newspaper had taken a statement
he made during the April 16`h Public Hearing' for Zoning Code
revisions out of context, and indicated the city would never
encourage citizens to resolve problems by lawsuit.
• Reported he had spoken with Supervisor of Elections Stafford
and the City ofAtlantic Beach election would be the test case for
a total electronic election.
• Indicated he had spoken with the concerned neighbors of the 19`h
Street beach access, and reported that the pine tree(s) proposed
for planting on the site would not block anyone's view.
• Set a Workshop Meeting for Monday, June 4, 2001 at 5:00 p.m.
to further discuss the proposed changes to the Zoning Ordinance.
• Stated he was disturbed with the prospect of losing Jerry Holland
as the city's representative due to redistricting. He felt the city
should be part of the redistricting process and stated that he did
not want the city split into two districts. Redistricting options
were discussed, including having the three beach cities being a
separate district or split into two districts. Commissioner
Mitchelson stated that he would speak to City of Jacksonville
Council Member Matt Carlucci on this matter.
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Commissioner Borno
Stated it had been thirty days since the Project Oversight
Committee for Town Center had dissolved and inquired when the
lights would be installed in Town Center. City Manager Hanson
indicated he would follow-up on this matter.
There being no fixrther discussion or business to come before the
Commission, the Mayor declazed the meeting adjourned at 9:50 p.m.
John Meserve
Mayor/Presiding Officer
Attest:
Maureen King
Certified Municipal Clerk
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