Minutes / 03-22-99
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, MARCH 22, 1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: David Thompson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
'The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The
Invocation was offered by Mayor Shaughnessy, followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
March 8, 1999.
The Mayor asked for corrections or amendments to the minutes.
Commissioner Mitchelson referenced page 15 of the minutes and requested
~~ that the words "at the same time as the Core City Project" be changed to
simultaneous with the 100 block.
Mayor Shaughnessy requested that her remark that a verbatim excerpt of
Item SA be sent to Mr. Slavin be included on page 6 of the minutes (after
Commissioner Borno's final comment).
Motion: Approve minutes of the Regular Meeting held
March 8, 1999, as amended.
The minutes were unanimously approved as amended.
2. Courtesy of the Floor to Visitors:
A. Presentation of Proclamation Declaring the Month of April 1999
as Parliamentary Emphasis Month in Atlantic Beach (Mayor)
Mayor Shaughnessy read the Proclamation in its entirety declaring the
month of April Parliamentary Emphasis Month in Atlantic Beach, and
presented the framed document to June Fulford of the First Coast
Parliamentarians.
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March 22, 1999
Mrs. Fulford thanked the Mayor and Commissioners and invited them or
any interested citizen to attend one of their meetings which are held at
1:30 p.m. in the library at Ponte Vedra on the fourth Monday of every
month.
Mayor Shaughnessy inquired if the parliamentarians were available to
instruct the city's committees in parliamentary procedure. Mrs. Fulford
indicated that they would provide that type of training.
B. J.P. Marchioli of 4~4 Sherry Drive requested that Public Works
Director Kosoy prepare for the Stormwater Review Committee (SRC)
meeting on Wednesday a layman's point of view of the R-A-M report.
Mayor Shaughnessy asked Mr. Marchioli to submit his request in writing
to City Clerk King and she would forward it to Mr. Kosoy.
C~ 1~'ick Pappas of 281 Pine Street stated those residents living in the
200 block of Pine Street had petitioned the city to install curb and gutter in
their block to help alleviate the on-going drainage problems experienced by
the property owners. Mr. Pappas urged the city to include curb and gutter
for the 200 block with the budgeted drainage improvements for the 100
block of Pine Street.
D. Nancy White of 1729 Seminole Road complained of dogs running
uncontrolled on the beach and the lack of presence of the Animal Control
Officer. She recounted a previous incident where she felt threatened by
two large dogs while walking on the beach. Ms. White stated she had met
~.vith Chief Campbell who has addressed her concerns.
Mayor Shaughnessy suggested that the Animal Control Officer be provided
a cellular telephone so citizens would not have to leave messages on his
voice mail.
E. Stephen Kuti of 1132 Linkside Drive requested that the City
Engineer prepare a separate report for the SRC meeting on Wednesday
night. He further stated that R-A-M had used data from the Jacksonville
Master Plan and the SRC was not familiar with the data contained in the
report.
Mayor Shaughnessy suggested that Mr. Kuti address his concerns to the
SRC and work within the framework of the committee.
(~ F. Dr. Sylvia Simmons of 211 Beach Avenue suggested that the
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March 22, 1999
non-native plants scheduled for removal from Dutton Island be relocated
by Public Works Department personnel to beautify other parts of the city.
3. Unfinished Business From Previous Meeting
There was no unfinished business.
4. Consent Agenda:
There were no Consent Agenda items.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 99-7
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
IN SUPPORT OF THE U.S. NAVY PRESENTING THEIR
~~ ANNUAL AII2 SHOW AT NAVAL STATION MAYPORT
IN THE FALL OF 2000, AND THEREAFTER
ROTATING SHOWS BETWEEN NAVAL AIR STATION
JACKSONVILLE AND NAVAL STATION MAYPORT
(Commissioner Borno)
Mayor Shaughnessy read the resolution by title only.
Motion: Pass Resolution No. 99-7.
There was no discussion and the motion carried unanimously.
B. Resolution No. 99-8
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
RATIFYING THE BEAUTIFICATION COMMITTEE
WHOSE MEMBERS SHALL SERVE WITHOUT
COMPENSATION; PROVIDING FOR THE DUTIES OF
SAID COMMITTEE; PROVIDING FOR THE
DISPOSITION OF FUNDS RECEIVED; PROVIDING
FOR THE STRUCTURE OF THE COMMITTEE,
PROVIDING AN EFFECTIVE DATE (Mayor)
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March 22, 1999
Mayor Shaughnessy read the resolution by title only.
Motion: Pass Resolution No. 99-8.
Mayor Shaughnessy stated that she had patterned the resolution after
those written to create the Recreation Advisory and Cultural Arts
Boards.
Commissioner Borno refl~renced Section 5 ofthe resolution and stated
he would like the word "may" changed to "shall" because he felt the
committee should begoverned by by-laws. He also suggested that the
committee should comply with the Sunshine Law and be required to
keep minutes of their meetings.
Amendment to Motion: Change the word "may" to "shall"
in Section 5. and add a requirement that minutes of the
meetings shall be kept by the board.
Some further discussion ensued concerning the Sunshine Law, and
~~ it was believed that adding "the committee shall conduct their
business in compliance with all state and local laws," would cover
operating in the sunshine.
Second Amendment to Motion: Add "the committee shall
conduct their business in compliance with all state and
local laws" to Section 5.
There was no further discussion and the second amendment to the
motion carried unanimously.
The City Commission then unanimously approved the first
amendment to the motion and the main motion.
7. Action on Ordinances:
A. Ordinance 95-99-70: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH AMENDING CHAPTER 4, ANIMALS,
SECTION 4-10, DANGEROUS DOGS, TO ELIMINATE
ANY REFERENCES TO "VICIOUS DOGS", AND
~~ SECTION 4-30(b), CITATIONS AUTHORIZED;
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March 22, 1999
PENALTIES PROVIDED, TO PROVIDE THAT A
SECOND OR SUBSEQUENT OFFENSE BE WITHIN
THREE (3) YEARS FROM THE FIRST OR PRIOR
OFFENSE BEFORE INCREASED FINES ARE
APPLIED, AND PROVIDING AN EFFECTIVE DATE
(Commissioner Beaver)
Mayor Shaughnessy read the ordinance by title only and explained
that this was the introduc#ion of the ordinance, and the public hearing
would be held on April 12, 1999.
Dr. Sylvia Simmons, Chair ofthe Animal Control Review Committee,
requested permission to speak. It was the consensus of the
Commission to allow her to do so since this was not a scheduled
public hearing of the ordinance.
Dr. Simmons indicated that she still had a problem with Section 4-10
of the ordinance and distributed copies of that section to the
Commission. Dr. Simmons then explained the required corrections.
Motion: Defer action on Ordinance No. 95-99-70 to the
April 12, 1999 Commission Meeting.
Dr. Simmons indicated that she would like to schedule a meeting
tivith the City Manager and City Attorney to discuss the needed
corrections and finalize the ordinance.
8. Miscellaneous Business:
A. Authorize the Mayor to Sign the State of Florida Annual
Local Government Financial Report (City Manager)
Motion: Authorize the Mayor to sign the State of Florida
Annual Local Government Financial Report.
There vas no discussion and the motion carried unanimously.
B. Authorize the Mayor to Sign the Fourth Amendment to the
Contract with Refuse Services, Inc. (City Manager)
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March 22, 1999
Motion: Authorize the Mayor to sign the Fourth
Amendment to the Contract with Refuse Services, Inc.
There was no discussion and the motion carried unanimously.
C. Appointments to the Cultural Arts Board (4) Mayor
Mayor Shaughnessy reappointed Nancy Decandis, Karen Clark, Gary
Seabrook, and Alice Gartland to two year terms on the Cultural Arts
Board.
The appointments were unanimously approved by the Commission.
D. Authorize the City Attorney to Consent to a Jacksonville
Transportation Authority Order of Taking of Property for
Right-of--Way for VVonderwood Road Construction, While
Continuing to Negotiate Related Issues for the Benefit of
Atlantic Beach (City Manager)
~_ Motion: Authorize the City Attorney to consent to a
Jacksonville Transportation Authority Order of Taking of
Property for right-of--way for Wonderwood Road
construction, while continuing to negotiate related issues
for the benefit of Atlantic Beach.
There was no discussion and the motion carried unanimously.
E. Approve Utility Service Contract with the U.S. Navy and
Authorize the City Manager to Sign the Contract
Document (City Manager)
Motion: Approve Utility Service Contract with the U.S.
Navy and authorize the City Manager to sign the contract
document.
Commissioner Meserve commented that the Navy could not meet the
fifteen day payment schedule, and this had been a long standing
problem with the Navy. He suggested the city not pursue collection
of accumulated late fees.
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There being no further discussion, the motion carried unanimously.
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March 22, 1999
F. Refer Bull Park Improvement Project to the Recreation
Advisory Board for Their Review and Recommendations
(Mayor)
Motion: Refer Bull Park Improvement Project to the
Recreation Advisory Board for their revietiv and
Recommendations.
There was no discussion and the motion carried unanimously.
G. Authorize Staff to Develop DesignBuild Specifications for
the Replacement of the Culvert on the Causeway to Pine
Island (City Manager)
Motion: Authorize Staff to develop DesignBuild
Specifications for the replacement of the culvert on the
causeway to Pine Island.
There was no discussion and the motion carried unanimously.
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H. Authorize the City Manager to Sign the Interagency
AgreementBeriveen JacksonvilleTransportationAuthority
and the City of Atlantic Beach, and Authorize a Budget
Adjustment not to Exceed 5110,500.00
Motion: Authorize the City Manager to sign the
Interagency Agreement between Jacksonville
Transportation Authority and the City of Atlantic Beach,
and authorize a budget adjustment not to exceed
5110,500.00.
City Manager Thompson explained the request as indicated in his
report dated March 17, 1999, which is attached and made part of this
official record as Attachment A.
Mr. Frank Gray, representing The R-A-M Professional Group,
explained that the increase was due to an error in calculations when
converting from metric and an error in the original estimate. Mr.
Gray felt the city could still realize savings by bidding the project with
the Jacksonville Transportation Authority, but it would not be known
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March 22, 1999
until the bid opening on March 24, 1999.
At 8:05 p.m. Mayor Shaughnessy called a recess to confer with the
City Attorney. The meeting was reconvened at 8:08 p.m.
Mayor Shaughnessy suggested Mr. Gray put his E and O insurance
carrier on notice concerning the error and resulting contract cost
increase.
There was no further discussion and the motion carried unanimously.
9. City Manager Reports and/or Correspondence:
City Manager Thompson:
• ~ Stated he would answer any questions concerning his written
report to the Commission. The report is attached and made
part of this official record as Attachment B.
• Distributed a letter from Rick Stuart of Peoples Gas explaining
that they were going ahead with Mayport Extension Pipeline
utilizing Florida Department of Transportation rights-of--way.
Mr. Stuart's letter is attached and made part of this official
record as Attachment C.
City Manager Thompson explained that the city would
continue to negotiate with People's Gas for a franchise
agreement.
10. Reports and/or Requests from City Commissioners, City
Attorney and City Clerk
Commissioner Borno:
• Concurred with the City Manager's summary of the drainage
problems on Pine Street included in his report, and requested
that the residents of the 200 block of Pine Street receive a copy
of the report. It was the consensus of the Commission to do
so.
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March 22, 1999
• As a member of the city's negotiating team with Peoples Gas,
explained the previous negotiations and stated they would
continue to negotiate with the company, however, he believed
it may be necessary to negotiate with someone at the corporate
level.
Commissioner Mitchelson
• Felt as a fairnesst issue to the citizens charged Section H
special assessments, the city should look into rebating, on a
. pro rata basis, the savings (minus costs to calculate ~ the
savings) realized from the refinancing of the Gulf Breeze
Loan. It was requested that the information be brought back
to the Commission when it becomes available.
pity Attorney Jensen:
• Stated that he had talked to Mr. Stuart last Wednesday,
concerning therights-of--way proposal and franchise agreement
and Mr. Stuart had assured him they would give the city an
opportunity to present a revised franchise agreement and had
allowed the time to do so. City Attorney Jensen indicated the
letter distributed tonight was in direct opposition from what
Mr. Stuart had stated verbally on Wednesday.
Commissioner Meserve:
• Urged the committee to continue negotiations for the franchise
agreement with Peoples Gas because of its future revenue
potential for the city.
• Reported that hvo on-going studies on construction standards
and eco-tourism funded through grant money were discussed
at the Mayport Waterfront Partnerships meeting.
• Reported that 9,800 feet of sewer line was completed and
Phase II -the building of Washington Street had begun.
Mayor Shaughnessy
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March 22, 1999
• Reported that the cover of the Coastal Management Annual
Report contained pictures of the Village of Mayport.
• Reported she had met with Karen Scheffer and learned there
was between $10,000.00 and $12,000.00 in additional grant
monies available for Dutton Island.
Requested that a letter be prepared to Karen Scheffer over her
signature to request the same.
•. Stated she had discussed various bathroom options with Ms.
Scheffer and she had provided information on pre-fab
bathrooms costing $40,000.00 for two stalls with the slab
-attached. Mayor Shaughnessy indicated she would provide
information on the pre-fab bathrooms to the Commission.
• Inquired if Landers-Atkins had received any direction
concerning bathrooms. City Manager Thompson indicated
they were asked to include bathrooms in their preliminary
~~ design. Mayor Shaughnessy requested that copies of the pre-
fab bathroom brochure be distributed to the Commissioners,
and gave the original brochure to Commissioner Beaver for
use by the Recreation Advisory Board on Wednesday.
• Inquired regarding the design of the culvert for Dutton Island
and asked its proposed width. City Manager Thompson
indicated that various options were being considered and
permitting would be included in the design build
specifications. City Manager Thompson stated he would bring
this item back to the Commission during the RFP stage.
• Indicated her trip to Washington, D.C. with the Chamber of
Commerce was very worthwhile and that the related materials
would be available in the Office of the City Clerk for review.
• Requested that a verbatim transcript of the discussion
concerning the City Manager search, which took place during
the previous meeting, be sent to Slavin Management
Consultants.
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March 22, 1999
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Commissioner Mitchelson:
• Indicated that the city had money budgeted for a grant writer
and felt the city should pursue hiring one. City Manager
Thompson reported the city was using a City of Jacksonville
grant writer at this time.
Commissioner Beaver:
• Requested an update on the grant funds received for Dutton
. Island. Mayor Shaughnessy and City Manager Thompson
responded to the request as follows: $100,000.00 in this year's
City of Jacksonville budget, $10-12,000 coming from barge
canal funds, $25,000.00 as a matching grant for the canoe
launch ramp, $30,000.00 from the Jacksonville Port Authority
for the culvert work, and a $25,000.00 matching grant for the
design work. In addition, two contributions from the Port
Authority were also mentioned -one for $30,000.00 and
another for $40,000.00. City Manager Thompson indicated he
~' would provide an itemized listing of the grant funds to the
Commission.
Mayor Shaughnessy:
• Congratulated Assistant Public Works Director Kaluzniak on
attaining the designation of Certified Environmental
Professional through the National Association of
Environmental Professionals.
There being no further comments or business to come before the
Commission, the meeting adjourned at 8:35 p.m.
Suzanne Shaughnessy
Mayor /Presiding Officer
ATTEST:
Maureen King, CMC
City Clerk
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