Minutes / 08-14-00N~INUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, AUGUST 14, 2000
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
AIan 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 offered by Commissioner Borno, followed by the Pledge
of Allegiance to the Flag.
1. Approval of the minutes of the regular meeting held
July 24, 2000
The minutes of the Regular Meeting were unanimously approved as
presented.
2. Courtesy of the floor to visitors:
A. Patricia Goelz of 1359. Beach Avenue requested that the
Commission send a letter of support for restoration of the Ribault
Club House on Fort George Island. Mayor Meserve stated that he
had sent a letter of support and would follow up on the request.
B. Pete Dowling stated he had worked with Mr. Ebert. in the past,
and urged the Commission to select William Ebert to provide the
architectural services for the renovations to the Adele Grage
Community Center. Mr. Dowling also reported that ABET had
committed $5,000.00 for renovations to the building.
C. Lelee Phinney of 1250 Selva Marina Circle, spokesperson for a
group of twelve families with young children, supported the
improvements at Bull Park and thanked the. Commission for the
new children's playground.
D. J.P. Marchioli of 414 Sherry Drive felt Howell Park should be
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made handicapped accessible, Selva Marina Streets should be
resurfaced by the city using the in-place recycling of asphalt
recommended by Aikenhead and Odom for street reconstruction
during the core city drainage project, and that the. city would
benefit more citizens by the construction of a skateboard park.
E. Alan Potter of 374 2°d Street opposed the proposed salary
increase for Commissioners (Item 7B). He pointed out that the.
various Committee Members worked without compensation and
requested that the Commissioners defeat the ordinance on first
reading.
F. Curtis Sanders of 2320 Barefoot Trace expressed safety
concerns regarding the use of go-peds and requested that the. three
beaches cities adopt an enforceable position concerning their use.
Chief Campbell explained that Florida Statutes defined. the go-
ped as a motor. vehicle, but it did not meet the requirements of a
motor vehicle and could not be ridden on city streets or
sidewalks. He indicated that it could only be used on private
property and citations had been issued for illegal operation of the
vehicle.
G. Juliette Sleeper of 700 Beach Avenue suggested that the
Commissioner purchase the old Pic `N Save Building on Atlantic
Boulevazd for a Community Center since it would provide
adequate building space and parking for all types of civic events.
Mrs. Sleeper felt the building at Bull Pazk should be restored to
its original condition and the city should consider low
maintenance plants which would save on watering costs.
H. Nicole Gwyn of 10478 Theresa Drive, Jacksonville, owner of
Immortal Body in Ink located at 1249 Mayport Road, proposed
that the Commission keep the present occupational license fee of
$5,000 for the first year of operation for new tattoo businesses
and lower it to $200 the following year if the business did not
require additional police or other city services during the first
year of operation.
City Manager Hanson indicated that he had researched Ms.
Gwyn's request of July 24`'' to lower the $5,000 occupational
license fee charged for a tatoo business to a more reasonable
rate, as well as the rate discrepancy pointed out by Commissioner
Waters.
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August 14, 2000
City Manager Hanson indicated. that he had met with Public
Safety Director Thompson and City Clerk King and found that
there had been no calls for service to the business location or -
other problems. It was felt that the fee should be lowered to
either the base square footage rate of $49 or to the set fee of
$200, which would be the same charged by the City of
Jacksonville for that type of business. He further indicated. that.
the rate discrepancy appeared to be caused by a lack of
coordination between committee members researching fees and
since state law prohibits an increase of more. than 5% every two
years, it was recommended that the fees for. the 5,001 - 15,000
square foot category be lowered to $110.00.
It was the consensus of the Commission to draft a new ordinance
to reflect the proposed changes.
I. Joanne Waits of 145 8"' Street stated that she had mixed
feelings concerning the improvements at Bull-Park and expressed
concerns for vandalism and maintenance. She further stated that
she did not like to see lots of concrete and felt less would be
best. Mrs. Waits felt the building should be restored to its
original historic style.
J. Sally Clemens of 1655 Park Terrace West opposed the
proposed pay increases for City commissioners as being
excessive. She felt a reasonable increase would be appropriate
and should occur. at the end of the Commissioners' terms.
K. Nancy White of 1729 Seminole Road supported the proposed
pay increase stating it was long overdue. She also expressed
concern for speeding on Seminole Road, especially at night.
L. Danny Thiele of 107 Azalea Place, Neptune Beach, requested
that the Commission reconsider passage of an ordinance
regulating ocean front lighting during sea turtle nesting season.
M. Clyde Bradley of 443 Whiting Lane favored a 3% pay increase
for the Commissioners. He felt the remaining money that would
be saved should be used for maintenance throughout the city.
N. Steve Rosenbloom of 1417 Beach Avenue indicated that the
Bull Park improvements were not those envisioned by earlier
Commissions, but they would bean improvement to the park. He
hoped the city would maintain the park. Former Commissioner
Rosenbloom indicated that he would be working with the city on
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August 14, 2000
the improvements to the building.
3. Unfinished business from previous meeting
A. Follow-up report from the meeting of July 24, 2000 (City
Manager)
City Manager Hanson indicated that there were no additions to his
written report.
B. Authorize the City Manager to negotiate a contract with
architect Tat Chan for services in connection with Adele
Grage Community Center renovation. If negotiations are
unsuccessful, authorize the City Manager to negotiate with
William Ebert as a second choice, and with Barbara Mears as
a third choice, if necessary (Commissioner Beaver)
Motion: Authorize the City Manager to negotiate a contract
with architect Tat Chan for services in connection with Adele
Grage Community Center renovation. If negotiations are
unsuccessful, authorize the City Manager to negotiate with
William Ebert as a second .choice, and with Barbara Mears as
a third choice, if necessary.
Commissioner Barno preferred that the project be constructed as a
designlbuild project to eliminate change orders.
Commissioner Waters believed _the.Adele Grage building would not
meet the future needs of the citizens of Atlantic Beach. He felt the
Commission should investigate acquiring the old Pic `N Save building,
which would provide endless possibilities for development as a
community center.
Mayor Meserve commented that community centers did not make money
and the City of Jacksonville Beach was planning to build a civic center
which would accommodate large groups of people. He felt that
Commissioner Beaver had done a good job, and pointed out that the new
building would not be any larger, but would be more functional than the
existing building.
There being no further discussion, the motion carried by a four to one
vote with Commissioners Beaver, Borno and Mitchelson and Mayor
Meserve voting aye and Commissioner Waters voting nay.
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August 14, 2000
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building,
Occupational Licenses, Public Works and Recreation
Departments (City Manager)
A. Award contract to Brooks and Limbaugh for electrical
troubleshooting pursuant to their proposal submitted under
Bid 9900-19 (City Manager)
Motion: Approve Consent Agenda Items A-B as presented.
There was no discussion and the. motion carved unanimously.
5. Committee .Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 95-00-76 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 11, NOISE, IN ITS
ENTIRETY AND PROVIDING AN EFFECTIVE DATE
(City Manager)
Motion: Approve passage of Ordinance No. 95-00-76 on final
reading.
Mayor Meserve presented Ordinance No. 95-00-76, in full, in writing
and read the ordinance by title only. He opened the floor for a public
hearing and invited comments from the audience.
J.P. Marchioli of 414 Sherry Drive felt that enforcement of the new
ordinance would cause a problem since it required officers to be
downtown in court, which would take them away from the city.
Julie Sleeper of 700 Beach Avenue felt the intent of the ordinance was
defeated since the City Manager could approve and set limitations for
noisy special events.
Nancy White of 1729 Seminole Road favored any ordinance which
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August 14, 2000
would control noise.
There being no further comments, the Mayor declared the public hearing
closed.
Mayor Meserve briefly explained the following language had been
submitted by staff with the recommendation that it be .added to Section B
after the first paragraph:
"Enforcement considerations should include. the day of the week,
time of day or night, volume of the noise, number of
complainants, celebrations normally associated with holidays,
and any special events that may be in progress. Generally,
between the hours of 10:00 p.m. and 7:00 a.m., the tolerance level
for noise is significantly reduced ,and enforcement should be
more stringent."
First amendment to the motion: Add the following to Section
B after the first paragraph: "Enforcement considerations
should include the day of the week, time of day or night,
volume of the noise, number of complainants, celebrations
normally associated with holidays, and any special events
that may be in progress. Generally, between the hours of
10:00 p.m. and 7:00 a.m., the tolerance level for noise is
significantly reduced ,and enforcement should be more
stringent."
Discussion ensued and Commissioner Mitchelson felt that an additional
hour should be added for Friday and Saturday nights and offered the
following amendment:
Second amendment to the motion:. Change the hours by
adding the following after the word progress in the first
amendment to the motion: "Generally, between the hours of
10:00 p.m. and 7:00 a.m., Sunday through Thursday and
between the hours of 11:00 p.m. and 7:00 a.m. on Friday and
Saturday"...
Following brief discussion the second amendment to the motion carried
by a four to one vote with Commissioners Beaver, Mitchelson, Waters
and Mayor Meserve voting aye and Commissioner Borno voting nay; the
first amendment to the motion. carried unanimously and the main motion
carried unanimously.
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August 14, 2000
B. Ordinance No. 5-00-33 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
. FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE. II, CITY COMMISSION,
SEC.2-20, SALARY OF MEMBERS AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance No. 5-00-33 on first reading.
Discussion ensued regarding the proposed salary increase and while
Commissioners agreed that the question of City Commission salaries
should be addressed since the last salary increase was in 1983, some
questions were raised_regarding the amount of the proposed increase and
the effective date of the increase. Commissioner Waters requested that
Commissioner be provided with a copy of the background information
which had been used by Commissioner Borno in his research..
Commissioner Mitchelson believed the issue was one of fairness and it
should be addressed for the future. Commissioner Mitchelson offered
the following amendment to the motion:
Amendment: Have the rate of pay for Commissioners
adjusted at the same time as general employees and at no
greater a percentage than that received by general city
employees in future years and that no current Commissioner
receive the pay increase during his current term.
Commissioner Beaver believed that compensation was important and
might be an incentive for a citizen to run for office. Hebelieved that _
Commissioners should be compensated for the work they do for the city.
Commissioner Waters expressed concern that the amendment would
mean that Commissioners would be receiving different rates of
compensation due to staggered terms of office. He suggested doubling
everyone's present salary, which would be less than the salary indicated
in the ordinance.
It was the consensus of the Commission to further discuss the amount of
compensation at the next meeting. It was determined that a second
public hearing would be held if the ordinance was substantially changed
at that time.
There being no further discussion, the amendment to the motion and the
motion carried by a four to one vote with Commissioners Beaver, Borno,
and Mitchelson and Mayor Meserve voting aye and Commissioner
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August 14, 2000
Waters voting nay.
8. Miscellaneous Business: - -
A. Authorize the Mayor to -sign the proposed DEP Water
Advisory Panel Grant Agreement for Sanitary Sewer
Improvements (City Manager)
Motion: Authorize the Mayor to sign the proposed DEP
Water Advisory Panel Grant Agreement for Sanitary Sewer
Improvements.
There was no discussion and the motion carried, unanimously.
B. Appointment to fill an unexpired term on the Tree Board
Mayor Meserve nominated Barbara Mears for appointment to the Tree
Board.
Motion: Approve the appointment of Barbara Mears to the
Tree Board.
There was no discussion and the motion carried unanimously.
C. Approve conceptual plan for the construction of a community
center at Jordan Park (City Manager)
Motion: Approve conceptual plan for the construction of a
community center at Jordan Park.
Ralph Marcello, Executive Director of Beaches Habitat, provided
information concerning Beaches Habitat and their work in the area. He
indicated that when their work was completed, fifty Habitat homes would
be constructed in the area, which will be served by the proposed
Community Center.
Mr. Marcello introduced Craig Burkhart, a builder for Habitat, who
responded to questions from the Commissioners concerning the layout of
the building, its potential for future expansion, and kitchen accessabiliry
from the Community Center area when the Habitat offices were closed,
and it was agreed to make a small change in the floor plan to make the
kitchen accessible from both the community center and the Habitat
offices.
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Mayor Meserve indicated that the budget of $94,000 for the project
would be addressed at the August 21St Budget Workshop. It was pointed
out that this would be a city-owned building. It was agreed that Beaches
Habitat would design and construct the building and the city would
purchase all materials.
There was no more discussion and the motion carried. unanimously.
D. Authorize the City Manager to negotiate the purchase of six
lots located on West Plaza for an athletic field (City Manager)
Motion: Authorize the City Manager to negotiate the
purchase of six lots located on West Plaza. for an_athletic field.....
There was no discussion and the motion carried unanimously.
E. Authorize the City Manager to enter into a contract with the
City of Jacksonville to obtain $100,000 for the construction of
Dune Walkovers and Facilities (City Manager)
Motion: Authorize the City Manager to enter into a contract
with the City of Jacksonville to obtain $100,000 for the
construction of Dune Walkovers and Facilities...
Commissioner Beaver inquired if the conceptual plans for the proposed
walkovers would be brought back for Commission approval. Recreation
Director Johnson indicated that the walkovers would be constructed to
the specifications listed it the dune walkover ordinance, and would come
back before the Commission. after completion of the bidding process.
Commissioner Beaver felt the property owners adjacent to the proposed
walkovers should be notified.
There being no further comments, the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson
Title Change
Reported that Donna Kaluzniak's title had been changed from
Assistant Public Works Director to Utility Director and she
would now be in charge of the city's water, sewer and wastewater
operations.
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August 14, 2000
2001 Air Show
Advised the Commission of the planning process for-the 2001 air.
show. He indicated that the Navy, the three Beaches Cities, the
Mayport Business Association and the City of Jacksonville had
been meeting informally to discuss the air show. He indicated
that the budget for the show would be .several hundred thousand..
dollars and revenues from the sponsors would pay for the events
and clean up. He indicated that no formal agreement had been
signed but that an air show consultant would be needed for at
least the first year since no one had expertise inputting on an air
show. He further advised that several items would be brought to
the Commission for approval in the near future.
Blue Wave Program Certification
Reported that representatives from the three Beaches Cities and
the Jacksonville Convention and Tourist Bureau had recently
heard a presentation on the Blue Wave Program concerning an
environmental certification for public beaches, and explained the
program in detail. He further reported that the Jacksonville
Convention and Tourist Bureau would pay for the initial
certification application of $2,000 which is due by the end of
October.
A brief discussion ensued and it was the consensus of the
Commission to apply for the Blue Wave Certification.
Bull Park Change Order
Reported that a drainage problem was noted at the parking area of
Bull Park due to the installation of sidewalk. and_curb, which
could be resolved by the addition of 3" of asphalt to increase the
slope on the south end of the parking lot which would allow the
water to be moved naturally into the northeast corner of the park.
Military Construction had submitted a price of $7,536 for the
additional asphalt and required excavation of an area
approximately 25 ft. in length, which would allow the water to
flow naturally into the park.
Public Works Director Kosoy explained that drainage in the park
would be further addressed during the core city drainage project.
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August 14, 2000
Motion: Approve Change Order in the amount $7,536 for
extra asphalt and excavation work at Bull Park...
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There was no more discussion and the motion carried unanimously.
10. Reports and/or Requests from City Commissioners and City
Attorney
Commissioner Waters
• Requested that the City Manager look into trimming the palm
trees in Town Center.
• Inquired as to the completion date for Bull Park and was
informed it was scheduled for August 30`h
• Commented that cell phone technology would change and make
regulations unnecessary.
Commissioner Mitchelson
• Expressed concern for the amount of water being used for
irrigation at Town Center.
Commissioner Borno, a member of the Town Center Project
Oversight Committee, explained that the sprinkler heads had been
lowered and cars should no longer run over and break them. He
felt the situation would improve.
Commissioner Borno
• Agreed with Mrs. White concerning speeders on Seminole Road
and requested more Police Department presence on the road.
• Commented that he would like to attend a University of North
Florida Workshop on Program Evaluation on September 19tH
Mayor Meserve
• Reported that the City of Jacksonville had budgeted $650,000 for
Mayport Village improvements.
• Stated that it was nearing the first anniversary date of hiring the
City Manager, and requested that the Commissioners give him
feedback on his performance.
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There being no further discussion or business to come before the
.Commission, the Mayor declared the meeting adjourned at 9:40 p.m.
John Meserve
Mayor /Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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