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Minutes / 04-24-00 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY CONIIVIISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 PM ON MONDAY, APRIL 24, 2000 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Theo Mitchelson Dezrnond 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, offered by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held ' Apri110, 2000 The minutes were inadvertently omitted from the Commission packet and will be acted on at the May 8, 2000 Commission Meeting. 2. Courtesy of the Floor to Visitors: A. Tom Jones of the Florida Inland Waterways District (FIND) Tom Jones, the Duval County representative to the Florida inland Waterways District, presented a check in the amount of $153,697 as its portion of the matching grant funding for completion of Tide Views Preserve under the FIND Waterways Assistance Program. B. Ed Preston/City Manager with a Report on Strategic Planning Sessions Ed Preston, a facilitator from the University of North Florida who conducted the Strategic Planning Sessions, provided a brief summary of the strategic planning process which included identification of strategic '"'~, issues, values and the prioritization of initiatives based on the issues and values discussed. :- V V O O T T E E S S M S O E T C I O Y O N E N COMMISSIONERS N D S O S Minutes Page -2- April 24, 2000. City Manager Hanson briefly explained the strategic action plan and indicated that it would be used for the quarterly reports to determine if staff was on the right track. City Manager Hanson requested that the Commissioners call him with any comments or concerns relative to the plan. The Executive Narrative Summary from Mr. Preston, the Report on the Strategic Planning Process, the Environmental Analysis and Strategic Action PIan are attached and made part of this official record as Attachment A. C. Timmy Johnson -Report on Jordan Park After School Program Parks and Recreation Director Johnson reported that this was the last year of grant funding for the very successful Jordan Park After School Program and he would like to submit a grant application to continue the program. It was explained that the program had outgrown its present facility and Beaches Habitat was willing to construct a 2,400 square foot multi-purpose building to house the program, if the city would supply the materials and allow them use of office space in the building. He indicated an approximate cost of $45,000 for the building. Recreation Director Johnson requested Commission support of Beaches Habitat's proposal. Public Safety Director Thompson explained the differences between the Donner Park and Jordan Parlc programs and indicated that the Donner Park program was non-grant dependent with funding coming from the city and a Police Department donation. Commissioner Beaver felt it would be a win-win situation for the city as well as the children and inquired concerning a budget for the program when the grant ends. Parks and Recreation Director Johnson stated that $15,000 would fund the program for one year. Discussion ensued concerning the size of the proposed building. Commissioners Waters and Mitchelson supported the proposal but questioned whether the proposed building would be large enough. Commissioner Mitchelson suggested that the building be designed to allow future expansion. Commissioner Borno and Mayor Meserve also supported the proposal. Mayor Meserve reported that a meeting would be held at 7:00 p.m. onWednesday, April 26, 2000 at the Mount Pisgah AME Church OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- Apri124, 2000 concerning establishing a Neighborhood Watch Program and urged the Commissioners to attend. After further discussion, the Commissioners approved in concept the proposal of Beaches Habitat. Parks and Recreation Director Johnson stated he would come back to the Commission with a building plan. It was the consensus of the Commission to discuss funding for the building during the upcoming budget process. Rene Stressel of 755 Amberjack Lane, Alex Hawkins of 765 Amberjack Lane and Anne Eastlack of 1717 Selva Marina Drive all requested city assistance to stop the on-going drug activity occurring at two rental properties in the 700 block of Amberjack Lane. Mr. Hawkins presented photographs of the properties in question to Public Safety Director Thompson. Public Safety Director Thompson responded to their concerns and said he hoped a resolution would be reached in the near future. Pat Pilimore of 995 Camelia Street reported on para-normal activity in Atlantic Beach-and at the navy base. ;; Don Remley of 1309 Violet Street suggested that residents who are presently on septic systems be allowed to pre-pay the $1,250.00 impact fee on their water bills. Alan Potter of 374 Second Street felt the city's $1,250.00 impact fee had been arbitrarily applied and was unjustified. J.P. MarchioIi of 414 Sherry Drive complimented the Public Works Department for promptly taking care of a hole under the sidewalk on 15`h Street. 3 A. Unfinished Business from Previous Meeting Follow-up report from the meeting of Apri110, 2000 (City Manager) City Manager Hanson indicated there was no additional information to his written report. Marsh Oaks. Commissioners Mitchelson and Borno felt there would be no problem OMMISSIONERS M O T I O N S E C O N D Y E S N O . Minutes Page -4- Apri124, 2000 referring to Section H subdivision as Marsh Oaks (the Commission previously approved changing the name of Section H area of the city to Marsh Oaks) even though an apartment complex with the same name existed on State Road A-1-A.. Item 3B was taken out of sequence and acted on after Item 8C. B. ~ Appointments to the Cultural Arts board (2) (Mayor) 4. Consent Agenda: A. Acknowledge receipt of Police/Animal Control Monthly Report B. Acknowledge receipt of proposed change in the city's leave sell-back policy (City Manager) Commissioner Mitchelson requested that Item C be removed from the Consent Agenda for discussion. Motion: Approve Consent Agenda Items A and B as presented. There was no discussion and the motion carried unanimously. C. _ Award contract to Gruhn May, Inc. in the amount of $37,858.70 for replacement of hydro pneumatic tank at Water Plant No. 4, pursuant to the specifications of Bid No. 9900-8 (City Manager) Commissioner Mitchelson inquired if this was a budgeted item and was informed that it was. Motion: Approve Consent Agenda Item C as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee reports. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: _ OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MITCHELSON X X WATERS X MESERVE X BEAVER X X BORNO X MITCHELSON X X WATERS X MESERVE X Minutes Page -5- Apri124, 2000 A. Ordinance No. 80-00-61 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, . FLORIDA, AMENDING CHAPTER 22, UTILITIES, ARTICLE III, WASTEWATER SYSTEM, DIVISION 2, USE OF PUBLIC SEWERS REQUIRED, SEC. 22-74, INSTALLATION OF TOILET FACILITIES REQUIRED; CONNECTION OF FACILITIES TO PUBLIC SEWER, SETTING FORTH A TIME SCHEDULE FOR CONNECTION TO PUBLIC SEWERS, AUTHORIZING THE CITY TO OFFER FINANCIAL INCENTIVES FOR SUCH CONNECTIONS, PROVIDING PENALTIES FOR FAILURE TO CONNECT, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve presented Ordinance No. 80-00-61 in full, in writing. Motion: Approve Ordinance No. 80-00-61 on first reading. Commissioner Borno requested that "Section H" be replaced by "Marsh Oaks" in the second paragraph on page two of the ordinance, with a reference to "Section H" in parenthesis. Commissioner Beaver suggested that current applications for a septic tank include reference to the State Statute concerning hooking up to the sewer so they would be aware of the requirement. Commissioner Waters suggested that when a home on a septic system is sold, the new owner should be required to immediately convert to the public sewer. Amendment to the motion: Include language in the ordinance requiring that when a property on a septic system is sold, the new owner must hook up to the public sewer immediately. Discussion ensued concerning the legality of the amendment. Commissioner Mitchelson felt it would unfairly affect the marketability of properties currently on septic systems. City Attorney Jensen stated there was an equal protection matter concerning the amendment he would have to investigate and bring his findings back to the Commission. He also indicated that since there would be a substantial change to the ordinance if the amendment was included, it would need to be reintroduced at the ne~.t meeting. There being no further discussion, the question was called and the OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BaRNO x BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X . Minutes Page -6- Apri124, 2000 amendment to the motion carried by a three to two vote with Commissioners Borno, Waters and Beaver voting aye and Commissioner Mitchelson and Mayor Meserve voting nay. Motion: Defer action on Ordinance No. 80-00-b1 to the next Commission Meeting. There was no more discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Approve one or two locations for dune walkovers and authorize staff to initiate an Interlocal Agreement with the City of Jacksonville for State cost-sharing funds; authorize staff to hire an architectural/engineering firm to design the dune walkover(s) (City Manager} Public Works Director Kosoy stated that he and Parks and Recreation Director 3ohnson inspected all of the beach access sites within the city and compiled a chart showing the available parking, topography and existing use for each location. Staff recommended 19`" and 13`" Street accesses as their first and second choices for new dune walkovers. Public Worlcs Director Kosoy displayed photographs of the top choices and reported that the residents at 19`" Street access had raised funds for improvements to the 19`" Street beach access. Discussion ensued regarding the proposed locations, specifically as to whether it would be possible to have a dune walkover at 19`" Street without eliminating the emergency vehicle access. Pat Norman, stated that the residents of the 19`" Street area had raised $3,600 for beautification of the 19`" Street beach access and were anxious to begin the improvements. Discussion ensued and it was the consensus of the Commission to eliminate the 19`h Street access from consideration and choose an alternate access. It was agreed that Pat Norman and the other residents should proceed with their beautification plans for the 19`" Street access, and that the city would investigate stabilizing the limerock at the site as a separate issue. It was felt that the 11 `" Street access would be a better choice for the alternate. Following discussion. it was determined that no specific accesses should be designated for the walkovers at this time. OMMISSIONERS M O T f O N S E C O N D Y E S N O BEAVER X X BORNO X MITCHELSON X WATERS X MESERVE X X Minutes Page -7- Apri124, 2000 Motion: Authorize staff to initiate an Interlocal Agreement with the City of Jacksonville for the $30,000 cost-sharing grant for dune walkovers to be constructed in Atlantic Beach. ...Staff was directed to pursue the grant funding and bring additional information back to the Commission concerning the type of grant and the actual dollar amount to be received. Locations for the dune walkovers will be determined after receipt of the information. There being no further discussion, the motion carried unanimously. B. Authorize the Mayor to sign Purvis Gray and Company Audit Engagement letter (City Manager) Motion: Authorize the Mayor to sign the Purvis Gray and Company Audit Engagement letter. Commissioner Waters supported the work of Purvis Gray and Company, but felt it was time for a change of auditors since Purvis Gray and Company had been performing the city's audit for more than five years. There being no further discussion, the motion carried unanimously. C. _ Authorize the Mayor to execute the Cultural Arts Grant Acceptance Agreement with Jacksonville Community Foundation (City Manager) Motion: Authorize the Mayor to execute the Cultural Arts Grant Acceptance Agreement with the Jacksonville Community Foundation. There was no discussion and the motion carried unanimously. Item 3B was taken. out of sequence and acted on at this time. B. Appointments to the Cultural Arts Board (2) (Mayor) Mayor Meserve appointed Eloise Koerber to fill the seat of Nancy Bodge whose term expires April 30, 2000 and Mary Lou Boyer to fill the unexpired term of Karen Sadler. Motion: Approve the appointments of Elosse Koerber and Mary Lou Boyer to the Cultural Arts Board. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X MITCHELSON X WATERS X X MESERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X BEAVER X X BORNO X MITCHEL50N X X WATERS X MESERVE X BEAVER X X BoRNO x x MITCHELSON X WATERS X MESERVE X Minutes Page -8- Apri124, 2000 There was no discussion and the motion carried unanimously. 9. City Manager Reports: City Manager Hanson • Distributed information concerning internet sales tax issues and urged the Commissioners to contact their Representatives and Senators to oppose the extension or expansion of the internet sales tax moratorium. • Reported that the $300,000 grant for the City of Atlantic Beach was not included in the House version of the budget and urged the Commissioners to contact their representatives concerning this omission. • Reported that three palm trees had been stolen from Tide Views Preserve. • Reported that the final landscaping plans for the flyover had been received. and the 7acksonville Transportation Authority wanted the city's comments by Tuesday, April 25, 2000. • "~ Reported that Dancing in the Street had been scheduled for Saturday, May 20`" with plans to close Atlantic Boulevard from East Coast Drive to Ocean Boulevard. It was further reported that the organizers of the event, Patsy Bishop and Brenda Porter, would control alcoholic beverage sales, with no sales in Atlantic Beach. This year's event will be similar to the one held last year. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Commissioner Beaver stated that he had reviewed the JTA final landscaping plan and the upgrades requested by the city had been included in the plan • Reported that he would be out of town for the May 8`" s Commission Meeting. • Indicated that he had spoken with the Professor from the University of Florida School of Architecture and the student OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -9- ApriI24, 2000 design competition for the Adele Grage Community Center could not start until January or February of 2001 and would only produce five conceptual plans for the building. He also indicated that he had verbal commitments from three local architects to participate in the design competition previously discussed, and he hoped to have the design competition parameters by the next meeting. Commissioner Borno • Updated the Commission on the. First Night Fund Raiser which will be held the evening of May 13`h • Reported that other communities were renegotiating franchise agreements with Media One to include broad band communications and suggested that Atlantic Beach also consider doing the same. Commissioner Mitchelson Reported that he would also be out of town on May Stn • Suggested that the Commission hold one meeting per quarter at the Donner Community Center. • Suggested that the Commission authorize the Mayor to send a letter to the local representatives opposing the extension or .expansion of the Internet sales tax moratorium. Motion: Authorize Mayor Meserve to send a letter to local, state and federal legislators opposing the extension or expansion of the Internet sales tax moratorium. There was no discussion and the motion. carried unanimously. Commissioner Waters • Requested consideration be given to painting "No Parking" on the pavement in Town Center rather than using posted signs. • Questioned whether wheel chairs could traverse the pathways in Tide Views Parlc. Public Safety Dixector Thompson responded ' that a wheelchair with balloon tires would be placed in the parkin the near future, as well as at Dutton Island Park. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -10- April24, 2000 • Requested that the city investigate the placement of palm trees in the area he thought was to be "green space" at Bull Park. Commissioner Borno • Inquired concerning the Code Enforcement Officer selection process. Public Safety Director Thompson stated that the search had been narrowed from fifty-one applicants to five, and interviews for the position would take place Tuesday afternoon. There being no further discussion or business to come before the Commission, the Mayor declared the meeting adjourned at 9:20 p.m. John Meserve Mayor /Presiding Officer ATTEST: Maureen King Certified Municipal Clerk €' OMMISSIONERS M O T I O N S E C O N D Y E S N 0