Minutes / 05-10-99
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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, MAY 10, 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 Pro Tem Meserve at 7:20 p.m.
The Invocation tvas offered by Commissioner Borno, followed by the
Pledge of Allegiance to the Flag.
Mayor Shaughnessy entered the meeting at this time.
1. Approval of the minutes of the Regular Meeting held
Apri126, 1999.
( The Mayor asked for corrections or amendments to the minutes, and there
were none.
The minutes were unanimously approved as presented.
2. Approval of the minutes of the Joint Meeting with the City
Manager Citizen Advisory Board held April 26, 1999.
The Mayor asked for corrections or amendments to the minutes, and there
were none.
The minutes were unanimously approved as presented.
In deference to Ray Alfred, Director/Fire Chief of Jacksonville Fire and
Rescue, Item 8F was taken out of sequence and acted on at this time.
F. Discussion and Related action on Proposed Agreement with the
City of Jacksonville Regarding Advanced Life Support and Fire
Services for Atlantic Beach (Mayor)
Motion: Approve the agreement with the City of Jacksonville
n for Advanced Life Support and Fire Services for the City of
Atlantic Beach and authorize the Mayor to sign the appropriate
contract documents.
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Mayor Shaughnessy introduced Chief Ray Alfred and provided a brief
account of Chief Alfred's career prior to coming to the City of Jacksonville,
and stated he was present to answer any questions the Commission might
have concerning the proposed agreement.
Commissioner Borno inquired concerning tenure. Mayor Shaughnessy
responded there was no recognition of tenure in the agreement.
Chief Alfred explained that in terms of time and grade, the Atlantic Beach
firefighters would not lose pay and their years of service would count
toward retirement and pension. For those individuals who have tenure, the
tenure will continue and they will have the same opportunities as
Jacksonville Fire and Rescue personnel. He further explained that all
Atlantic Beach firefighters would come in at entry level with a pay raise
from their current salaries. He indicated that entry level personnel would
not get points toward promotional exams for longevity. Engineers will have
to serve the same amount of time as Jacksonville personnel, which is one
year as an Engineer, after which they will be eligible to take the exam for
lieutenant. He indicated that the Atlantic Beach Chief would come into
the department with the rant: of lieutenant and would also have to serve one
year before being eligible to take the Captain's exam.
Commissioner Borno then inquired as to the pre-employment testing
requirements. Chief Alfred stated some consideration may be given to
waive certain tests if they were recently administered to Atlantic Beach
personnel. He indicated there would be psychological and medical exams,
a physical agility test, a drug test and because of the life insurance
requirements, the firefighters must be non-smokers. He also stated that the
90 day probationary period for benefits would be waived.
Commissioner Beaver inquired if any consideration would be given to any
firefighter who might fail a test. Chief Alfred responded that they would be
give a reasonable opportunity to qualify, which is in the contract.
Commissioner Mitchelson expressed concern that individuals who had
stayed with the city for many years would lose points for longevity and said
he did not want them to be placed in an unfair situation.
Chief Alfred indicated that extensive discussions concerning this matter had
taken place, with arguments heard on both sides. He stated that absent
longevity points, there was no difference in that both Jacksonville and
Atlantic Beach firefighters will have to serve one year before being eligible
to take the exam for promotions. Chief Alfred believed the Atlantic Beach
personnel would have ample time to compete. Chief Alfred believed that
the agreement was fair to both sides and reiterated that in terms of tenure,
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May 10, 1999
it will be applied to the retirement/pension system.
Chief Alfred believed it was a good agreement that will bring advanced life
support service (ALS) to the city and provide standardized protection for
the entire county.
Commissioner Mitchelson inquired conceming the schedule for testing and
stated he would like to know the outcome of the tests before voting on the
contract.
Chief Alfred stated the target date for the changeover had been set for June
1, 1999, and it may have to be changed in order to give time to go through
the personnel files and review the records. He indicated some tests, such
as the physical exam and agility tests, could possibly be waived if they
were conducted ~rithin the past 120 days, but those items would have to be
determined after review of the files. Chief Alfred indicated that he was in
no immediate rush to get this done, and if the Commission wished to have
the testing completed before implementation, hewould be amenable to this.
Commissioner Mitchelson then inquired as to why the agreement was good
for the City of Jacksonville.
Chief Alfred responded that it allowed the City of Jacksonville to
standardize equipment, coverage, and protection for the county, producing
mutual benefits for everyone involved.
Commissioner Mitchelson inquired conceming the availability of a ladder
truck for Atlantic Beach. Chief Alfred stated that one vas not available
presently, but may be available in the future. He indicated that the closest
ladder truck, in addition to the one in Jacksonville Beach, vas located at
Regency and would respond if needed. Chief Alfred indicated that there
were seven ladder companies serving the entire county (840 square miles)
and this was a concern which is being investigated.
Commissioner Meserve inquired as to Chief Alfred's goals relative to
response time.
Chief Alfred stated he could see no reason for not maintaining the same
response time or improving it, unless there would be an increase in service
demands within the city.
Commissioner Meserve stated he had five concerns, all which have been
addressed except what would happen if the agreement does not work out
some years in the future. Commissioner Meserve expressed concern that
the City of Jacksonville owned all of the equipment and if they terminated
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the agreement, Atlantic Beach would have to equip a fire department on
short notice.
Chief Alfred indicated that this was a mutual concern during negotiations,
and pointed out that the agreement allows either party to terminate with
one year's advanced notice. He felt there was room within the agreement
to amicably handle any disagreement that may come up, and indicated the
city would not be left without protection.
At this time Chief Alfred distributed copies of a financial breakdown of
pay adjustments for the Atlantic Beach firefighters. The document is
attached and made part of this official record as Attachment A.
Mayor Shaughnessy opened the public hearing and invited comments.
Christopher Younger of 40 Millie Drive. Jacksonville Beach, contract
negotiator with the Professional Fire Fighters of Jacksonville Beach, IAFF
L-2622, stated he was representing the Atlantic Beach firefighters and
would answer any questions from the Commissioners. Mr. Younger, who
is an Atlantic Beach firefighter, supported the agreement.
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Stephen Kuti of 1132 Linkside Drive stated that the public had not had an
opportunity to review the contract, and expressed concern that the level of
service would decline. He also inquired if there would be cost savings to
the city by entering into the agreement.
James Hill of 372 Second Street (a Lieutenant on the Atlantic Beach Fire
Department who was on duty) asked permission from City Manager/Public
Safety Director Thompson to ask a question of a critical nature concerning
his own future with the Jacksonville Department.
Lt. Hill stated he supported the agreement but wanted to make the
Commission aware of the impact it would have on two long tenured
employees. Lt. Hill, a seventeen year veteran of the Fire Department,
stated that leave time for him with Jacksonville would accrue at a lower
rate which would greatly affect his quality of life. He also believed it
would be more difficult for him to advance because he would not get any
points for years of service when taking an exam and would probably never
be promoted.
Since no one else wished to speak, Mayor Shaughnessy closed the public
n hearing.
Mayor Shaughnessy stated she had previously indicated she wished to
treat the agreement as an ordinance and hold two public hearings in order
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to have time for citizen review of the agreement. She then stated that the
reason the City of Jacksonville could operate the Atlantic Beach station at
a lower cost was that the two man rescue unit stationed in Neptune Beach
would be moved to Atlantic Beach, which required additional funding for
three men.
Mayor Shaughnessy inquired how much leave Lt. Hill would lose and he
responded his leave days would be cut in half. Chief Alfred stated that he
would get 20 rivelve hour days leave per year with the City of Jacksonville.
Mayor Shaughnessy then inquired concerning dispatching priority. Chief
Alfred stated that it depended upon the circumstances of the call and
etiplained the procedure in detail, including mutual aid precedence.
Mayor Shaughnessy requested that Chief Alfred repeat the testing
procedure. Chief Alfred assured the Mayor that the testing process was not
intended to weed out the sixteen Atlantic Beach firefighters with the intent
to get rid of them. He stated it would be a fair process.
Mayor Shaughnessy then requested further comments concerning the
inabilit<• of making rank as suggested by Lt. Hill. Chief Alfred disagreed
and felt that Atlantic Beach firefighters would do very well, that the
opportunities were there and they would be competitive.
Discussion ensued concerning the overall agreement and Mayor
Shaughnessy felt the agreement seemed to negatively impact the long time
employees.
1Vlotion: Defer action on the agreement until the June 14,1999
Commission Meeting.
Commissioner Mitchelson stated he would like to defer action in order to
give time for public review of the agreement and to learn the outcome of
the testing. Mayor Shaughnessy stated it would give her time to further
investigate other aspects of the agreement.
Commissioner Meserve felt the city would gain no new knowledge by
deferring this matter and believed the best course of action would be to
move forward. Commissioners Borno and Beaver concurred with
Commissioner Meserve.
Mayor Shaughnessy called a recess at 8:40 and reconvened the meeting at
8:45.
The motion to defer failed by a three to two roll call vote as follows:
Commissioner Beaver, nay, Commissioner Borno, nay, Commissioner
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May 10, 1999
Meserve, nay, Commissioner Mitchelson, aye and Mayor Shaughnessy,
aye.
There being no further discussion, the motion to approve the agreement
carried unanimously by roll call vote as follows: Commissioners Borno,
Meserve, Mitchelson, Beaver and Mayor Shaughnessy voting aye.
Introduction of District 3 Council Member Elect Jerry Holland
Mayor Shaughnessy introduced Jerry Holland, City of Jacksonville Council
Member elect from District 3, and read a letter she had written to the
Commissioners outlining Mr. Holland's plan for representing his
constituency. A copy of the letter was distributed to each Commissioner,
and is attached and made part of this official record as Attachment B.
2. Courtesy of the Floor to Visitors:
A. Proclamation Declaring May as Multiple Sclerosis Awareness
Month (Mayor)
Mayor Shaughnessy read the Proclamation in full declaring the month of
May as Multiple Sclerosis Awareness Month in the City of Atlantic Beach.
B. Proclamation Declaring the Week Beginning Sunday, May 9,
1999, as Nursing.Home Wcek (Mayor)
Mayor Shaughnessy read the Proclamation in full declaring the week
beginning Sunday, May 9, 1999 as Nursing Home Week in the City of
Atlantic Beach and presented the document to Commissioner Meserve
for display at Fleet Landing.
C. Proclamation Declaring the Week May 16 through May 22,
1999, as Public Works Wcek
Mayor Shaughnessy read the Proclamation in full declaring the week of
May 16 through May 22, 1999, as Public Works Week in Atlantic Beach
and presented the Proclamation to Public Works Director Kosoy, Assistant
Public Works Director Kaluzniak, and Jack Baldwin, an employee of the
Public Works Department, for display at the Public Works Building.
Public Works Director Kosoy thanked the Mayor and praised the work of
his employees for the excellent job they do to improve the quality of life for
the citizens of Atlantic Beach.
Item 8H was taken out of sequence and acted on at this time.
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H. Action on a Request from the Teen Council to Hold a Punk
Music Concert in Jack Russell Park (City Manager)
Motion: Approve request of the Teen Council to hold a Punk
Music Concert in Jack Russell Park at a cost not to exceed
$1,500.00 to 6e held Sunday, May 23,1999.
Mayor Shaughnessy noted that the Recreation Advisory Board had
recommended approval of the request while staff had recommended against
it. Additional information provided by the Teen Council was also
distributed and briefly reviewed by the Commission. The information is
attached and made part of this official record as Attachment C.
Peter Coalson, Recreation Advisory Board liaison to the Teen Council,
explained the requested budget for the event and stated that the members
of the Teen Council had worked diligently to make the event a success.
Commissioner Beaver inquired concerning the power source for the sound
equipment. Mr. Coalson stated that Brooks and Limbaugh, electricians
under contract with the city, had given them a price of $2,130.00 for a
temporary service, $3,500.00 for a permanent service and a portable
generator would cost approximately $200.00.
Commissioner Beaver also inquired concerning radio advertising of the
event and stated he did not favor it. Mr. Coalson stated that there would not
be any radio advertising and flyers advertising the event would be
distributed to local high schools. The Commissioners concurred that radio
advertising would not be a good idea.
Commissioner Borno felt the indicated price for the temporary service was
too high' and it would be best to investigate installation of a permanent
service. He also inquired regarding an acceptable decibel level for the
concert since the area surrounding the park is residential.
Mayor Shaughnessy believed supporting this event would afford the city
an opportunity to provide something to do for an age group that had been
neglected in the past. She also felt it would be best to investigate the
permanent electrical service. Mayor Shaughnessy also expressed concern
for the noise, but felt that residents living in close proximity to a park
should expect some noise.
Commissioner Meserve felt this was an inappropriate use of the park and
approval of this concert would open the door for future requests.
Commissioner Mitchelson suggested controlling the sound by positioning
the speakers away from the residential area.
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accuracy of his article on the fire contract.
Clark Schaffer of 309 Magnolia Street distributed petitions and a letter
requesting that the city acquire Lot 305 of Saltair Subdivision, which abuts
Howell Park. The letter and petitions give a detailed history of the land
exchange which was approved ten years ago (Ordinance 95-89-38)
whereby the-city agreed to exchange Lot 305 for Lot 316 of Saltair
Subdivision with Mr. William Hixon. The letter and petitions are attached
and made part of this official record as Attachment D.
Mr. Schaffer explained that at the time he purchased his property at 309
Magnolia, he was told that Lot 305 would never be developed and would
remain part of Howell Pazk. He indicated that no one other than Mr. Hixon
appeared to be aware of the property exchange which was not finalized
until January 22, 1999. He indicated Mr. Hixon has now offered the the
lot for sale.
Mayor Shaughnessy asked the City Attorney to explain the sequence of
events and inquired as to why the Commission was not notified of the
transaction before it took place.
City Attorney Jensen explained that in 1989 the Commission determined
they would prefer to have the Hixon lot, but there were problems getting a
clear title to the Hixon property, which took a long time to resolve.
Discussion ensued concerning the chronology of events during the past ten
years. Commissioner Beaver felt that this matter should have come back
before the Commission considering the amount of time that had elapsed.
City Manager Thompson explained that when he became City Manager, he
found numerous old files containing items which appeared to have been set
aside over the years and never resolved. He indicated that he took the
files to City Attorney Jensen and requested that they be cleared up, and this
transaction was one of the items. City Manager Thompson indicated that
he was not aware of the information presented by Mr. Schaffer, and was
under the impression that everyone was aware of the transaction because it
had been done by ordinance and he had no prior discussion with anyone
from the neighborhood concerning this matter.
Commissioner Mitchelson believed the city did not have any options but to
complete the deal because of the ordinance. He felt that once the ordinance
was passed, the transaction was complete and transfer of title was an
administrative matter.
Mayor Shaughnessy requested that consideration of an ordinance be placed
on the next agenda which would provide that no one could conduct any
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Patricia Goelz, Adult Advisor to the Teen Council, suggested that Fab 3
Sound Equipment may be able to help with the decibel level. Mrs. Goelz
then introduced Teen Council Members Matilda Anderson and Mike Dias
who provided background information on the bands scheduled to perform.
Commissioner Mitchelson advised that there should be no profanity on
stage and suggested the Teen Council request a written agreement from
each band assuring the same.
Commissioner Meserve inquired if the event would be covered under city
insurance and was informed that it would be covered by the city's insurance
and additional insurance was required for the portable stage being rented
from the City of Jacksonville.
Amendment to the motion: Approve funding not to exceed
53,500.00 for the purpose of installing permanent electrical
service (100 amp.) in Jack Russell Park.
Commissioner Beaver advised the Teen Council to put on a good concert
so this event could be the forerunner for others in the firture. He suggested
~~ that the residents in the area be forewarned concerning the concert.
Commissioner Mitchelson suggested that the t-shirts have "Staff 'printed
on them so they could be washed and used for future events.
Second Amendment: Have "Staff' printed on the t-shirts so
they can be reused on a recurring basis for Teen Council events.
Patricia Goelz suggested that "security" be placed on the shirts
It was confirmed that setup for the concert would begin at noon and the
actual event would be held from 1:00 p.m. to 7:00 p.m.
There being no further discussion, the first and second amendments, and
the motion carried unanimously.
Mayor Shaughnessy called a recess at 9:45 p.m. and reconvened the
meeting at 9:55 p.m.
Mayor Shaughnessy requested that a Resolution be placed on the next
agenda to place the first twelve months savings from outsourcing the Fire
n Department services into an interest bearing account to set up a restricted
reserve fund to replace fire equipment in case the agreement is terminated
in the future.
Mayor Shaughnessy complimented Peralte Paul of the Shorelines for the
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type of land transaction without an ordinance and that the ordinance would
include a time limit for the transaction to take place.
Mayor Shaughnessy also requested that consideration of the purchase of
Lot 305 in Saltair Subdivision be place on the next agenda.
3. Unfinished Business From Previous Meeting
A. Atlantic Boulevard/Mayport Road Flyover
JTA -Height Limitations -Definition of Structure
City Attorney Jensen distributed a memo addressing the Commission's
inquiry during a Special Called Meeting held May 3, 1999, concerning if
the Jacksonville Transportation Authority would be required to obtain a
variance to the city's height restrictions contained in the City Code in order
to construct the proposed flyover. The memo dated May 4, 1999 is attached
and made part of this official record as Attachment E.
Mayor Shaughnessy read the definition of "structure" from the code and the
City Attorney's opinion that nothing in the City Code addresses the
situation created by the Mayport Road flyover.
Mayor Shaughnessy stated she would like to refer this matter to the
Community Development Board to see if they would have jurisdiction over
this item or would give their interpretation of the word "structure."
Dezmond Waters, a member of the Community Development Board,
pointed out that in addition to the City Code, the definition of "structure"
from the Southern Standard Building Code (SSBC) must also be
considered. Mayor Shaughnessy requested that Building Official Ford
forward the definition of "structure" from the SSBC to the Commission.
Commissioner. Borno suggested that if the Community Development Board
determined that the ordinance needed to be amended, they should come
back to the Commission with the recommended wording for consideration.
Mayor Shaughnessy inquired of Building Official Ford if the definitions
found in the SSBC changed frequently and he replied that they changed
infrequently and the definition found in the Zoning Code came from the
SSBC.
Commissioner Beaver asked City Attomey Jensen if the JTA or FDOT had
authority to overturn a local ordinance - if they were exempt from local
ordinances. City Attorney Jensen advised that was the normal position
taken by them, but he felt if the city had a ordinance that applied to that type
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of structure, he would try to enforce it. He indicated that he was not aware
of anything that would exempt the JTA from enforcement of the ordinance,
however, it may be different for the FDOT.
Mayor Shaughnessy requested that City Attorney Jensen provide the
Commissioners any enabling or enacting legislation on the JTA within
forty-eight hours. City Attorney Jensen replied that he would try to do so.
The Mayor recapped the discussion, and stated that the Commission really
needed to know if the JTA could build the flyover without permission. The
height ordinance would be referred to the Community Development Board
and Mayor Shaughnessy inquired if there would be a timing problem if
"flyover" vas included in definition of "structure".
City Attorney Jensen advised that the word "flyover" did not have to be
included and suggested that the ordinance be expanded to say that it
applies to any structure whether it can be inhabited or not for living or
business purposes. Mayor Shaughnessy indicated she liked the simplicity
of the suggested language and requested that the City Attorney put it in the
proper form. She then inquired if it would have to be changed throughout
the ordinance or if it could just be placed in the definitions section of the
ordinance. City Attorney Jensen stated he would have to meet with
Community Development Director Worley to assure the changes are made
to each pertinent section of the code.
Mayor Shaughnessy requested that the City Manager coordinate staff efforts
relative to this matter. City Manager Thompson agreed to do so.
4. Consent Agenda:
Commissioner Mitchelson requested that Item 4B be removed from the
Consent Agenda for discussion.
A. Acknowledge Receipt of Monthly Reports from Building, Code
Enforcement, Occupational License, and Recreation
Departments for the Month of April 1999 (City Manager)
C. Authorize the Mayor to Sign the State Revenue Sharing
Application for Fiscal Year 1999-2000 (City Manager)
D. Reject all Bids Received for Lawn Maintenance Service at
City Facilities, Pursuant to the Specifications of Bid No. 9899-19
(City Manager)
E. Award a Contract to Court Surfaces, Inc. in the Amount of
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511,460.00 to Rehab Two Racquetball Courts at Jack Russell
Park, Pursuant to the Specifications of Bid 9899-22 (City
Manager)
By voice vote Consent Agenda Items A, C, D and E were unanimously
approved as recommended.
B. Award Contract to Insituform Technologies, Inc. in the
Amount of 5239.305.00 for Lining Sanitary Sewers and
VVetwells Pursuant to the Specifications of Bid No. 9899-21 and
Authorize the City Manager to Sign the Contract (City
Manager)
Commissioner Mitchelson expressed concern that the city received only
one bid for a project of this size. He felt additional bids were needed and
inquired if there was any urgency for completing the project.
Public Works Director Kosoy explained that the bid packages were sent to
seven firms and three companies had pre-qualified, but two firms which do
mostly sewer main lining had pulled out because they did not want to bid
on lining manholes. It was further explained that the three manholes on
Sea Oats Drive were extremely corroded and needed immediate repair.
Discussion ensued concerning bidding the repairs to the manholes and
sewer linings as separate projects in order to attract more bidders. It was
pointed out that only a few companies perform this type of work and
bidding the repairs as separate projects may or may not resolve the
problem.
Commissioner Borno pointed out and Commissioner Beaver concurred
that there was a great deal of construction going on in the area and
companies doing this type of work were more interested in larger jobs.
Motion: Award contract to Insituform Technologies, Inc. in the
amount of 5239, 305.00 for lining sanitary sewers and
wet<vells pursuant to the specifications of Bid No. 9899-21 and
authorize the City Manager to sign the contract.
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
A. Report and Recommendations of the City Manager Citizen
Advisory Board (Sylvia Simmons, Chair)
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Dr. Sylvia Simmons, Chair of the City Manager Citizen Advisory Board,
reported that the list had been narrowed to eight candidates and no further
meetings had been scheduled pending the direction the Commission wished
to take in the selection process.
Mayor Shaughnessy inquired as to how the Commission wished to proceed
and asked if the Commission wished Mr. Slavin to fly to each candidate's
hometown to do background checks or if they wanted to fly the candidates
to Atlantic Beach for interviews.
Commissioner Meserve felt Mr. Slavin should do background checks on the
eight candidates to see how many would remain in contention and then
make a decision concerning the interview process.
Commissioner Beaver concurred but felt it was not necessary for Mr. Slavin
to travel at this time. Dr. Simmons suggested that Mr. Slavin conduct
phone interviews and check references from his office.
Discussion ensued concerning background checks and drug testing and
~'`, City Manager Thompson stated the city would use its own data base for
background checks.
It was the consensus of the Commission that Mr. Slavin conduct phone
interviews and check references of the eight candidates, but there would
be no travel at this time.
6. Action on Resolutions:
A. Resolution No. 99-12
A~RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1,1998 AND
ENDING SEPTEMBER 30,1999, FOR THE PURPOSE OF
PROVIDING ADDITIONAL FUNDS FOR LINING
SANITARY SEWERS AND WETWELLS AT VARIOUS
LOCATIONS ASSOCIATED WITH BID NO. 9899-21 (City
Manager)
The Mayor read the Resolution by title only.
Motion: Adopt Resolution No. 99-12.
There was no discussion and the motion carried unanimously.
B. Resolution No. 99-13
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A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REDUCING THE INTEREST RATE ON THE
ASSESSMENTS FOR IMPROVEMENTS MADE IN
SECTION H, AND PROVIDING AN EFFECTIVE DATE
(Commissioner Mitchelson)
The Mayor read the Resolution by title only.
Motion: Adopt Resolution No. 99-13.
Commissioner Mitchelson inquired concerning the effective date of the
resolution and City Manager Thompson explained it would be implemented
October 1, 1999.
There was no further discussion and the motion carried unanimously.
7. Action on Ordinances:
There vas no action on Ordinances.
8. Miscellaneous Business:
A. Public Hearing and Action on a Request for aUse-By-Exception
Filed by Dirk Mueggenburg to Operate a Wholesale Herbal Tea
and Vitamin Business at 1179 Atlantic Boulevard, Zoned
Commercial General (CG) (City Manager)
Motion: Accept recommendation of the Community
Development Board and approve the Use-by-Exception filed by
Dirk Mueggenburg to operate a tivholesale herbal tea and
ti•itamin business at 1179 Atlantic Boulevard, zoned
Commercial General (CG). (Subject to the conditions that (1) No
retail sales be permitted and (2) that the use-by-exception be
granted to the applicant only and for this location only)
Mayor Shaughnessy opened the public hearing and invited comments. No
one wished to speak and the public hearing was declared closed.
There was no discussion and the motion carried unanimously.
B. Public Hearing and Action on a Request for aUse-By-Exception
Filed by David Rockwood to Operate a Painting Contractor
Business on Property Located at the Southwest Corner of Edgar
Street and Mayport Road, Zoned Commercial General (CG)
(City Manager) .
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Motion: Motion: Accept recommendation of the Community
Development Board and approve the Use-by-Exception filed by
David Rocl.-wood to operated a painting contractor business on
property located at the south`r•est corner of Edgar Street and
Mayport Road zoned Commercial General (CG). (Subject to
the conditions that (1) a limit that not more than five (5) commercial
vehicles be parked on-site, (2) that at least ten (10) total parking
spaces be provided, (3) not outside storage of paint, chemicals or
other hazardous materials be permitted, and (4) that the exception
be granted to the applicant only for this location only.
Mayor Shaughnessy opened the public hearing and invited comments. No
one spoke and the public hearing was declared closed.
There was no discussion, the motion carried unanimously.
C. Public Hearing and Action on a Request for aUse-By-Exception
Filed by Randy Wilson to Operate a Boat Trailer Sales and
Service Business at 1860 Mayport Road, Zoned Commercial
/'~, General (CG) (City Manager)
Motion: Motion: Accept recommendation of the Community
Development Board and approve the Use-by-Exception filed by
Randy Wilson to operated a boat trailer sales and service
business at 1860 Mayport Road, zoned Commercial General
(CG). (Subject to the conditions that (1) limit the maximum
number of trailers for sale or repair to thirty (30) and (2) that the
use-by-exception be granted to the applicant only and at this location
only).
Mayor Shaughnessy opened the public hearing and invited comments. No
one wished to speak and the public hearing was declared closed.
There was no discussion, the motion carried unanimously.
D. Waive the Formal Bidding Requirements and Award a Contract
to Hightower Geotechnical Services, Inc. to Perform Repairs to
the Buccaneer Operations Building at a Cost of 512,316.00.00,
and Authorize the City Manager to Sign tiie Contract (City
Manager)
~' Motion: Waive the formal bidding requirements and award a
contract to Hightower Geotechnical Services, Inc. to perform
repairs to the Buccaneer Operations Building at a cost of
512,316.00.00, and authorize the City Manager to sign the
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contract.
City Manager Thompson explained the request and stated the city would
save $4,184.00 by using Hightower Geotechnical Services, Inc.
There being no further discussion, the motion carried unanimously.
E. Approve the Final Change Order for Levy Road Improvements
for Petticoat Contracting, Inc., in the Amount 826,721.68.00,
Representing an Increase of $11,073.18 in the Total Contract
Price (City Manager)
Motion: Approve the Final Change Order for Levy Road
Improvements for Petticoat Contracting, Inc., in the amount
of $26,721.68.00, representing an increase of 811,073.18 in the
total contract price and authorize the City Manager to sign the
Change Order.
City Manager Thompson explained that the requested increase resulted
~, from unanticipated problems and included additional paving in the roadtivay
transitions, asphalt driveway repair and concrete driveway repair, as well as
extra waterline and drainage pipe to avoid utility conflicts.
Commissioner Beaver complimented Public Works Director ICosoy on the
project results and Commissioner Borno complimented Ernie Beadle, for
the professional manner in which he conducted project inspections for the
city.
There being no further discussion, the motion carried unanimously.
F. Discussion and Related action on Proposed Agreement with the
City of Jacksonville Regarding Advanced Life Support and Fire
Services for Atlantic Beach (Mayor)
Item 8F was moved forward on the agenda and acted on after Item 1.
G. Action on Fire Department Bargaining Contract (City Manager)
Motion: Approve one year Fire Union Contract from October
1,1998 through September 30,1999.
There was no discussion and the motion carried unanimously.
H. Action on a Request from the Teen Council to Hold a Punk
Music Concert in Jack Russell Park (City Manager)
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l
Item 8H was moved forward on the agenda and acted on after Item 2.
I. Approve the Proposal of Landers Atkins Planners, Inc. in the
Amount of 527,583.00 to Design a Master Plan for Pine (Dutton)
Island and Authorize the City Manager to Sign the Contract
(City Manager)
Motion: Approve the proposal of Landers Atkins Planners,
Inc. in the amount of 527,583.00 to design a Master Plan for
Pine (Dutton) Island and authorize the City Manager to sign the
contract.
Commissioner Meserve stated that he wanted to make sure public
involvement of all interested parties and meetings were conducted early on
in the design stage of the plan.
City Manager Thompson explained the proposed procedures to be followed
by Landers Atkins.
Additional discussion concerning the development of Dutton Island relative
~, to the Centex property is included under Item 9.
There being no further discussion, the motion carried unanimously.
J. Action on the Recommendation of the Community Development
Board to Amend the Zoning Code to Clarify Fence Regulations
on Corner Lots (City Manager)
Motion: Amend ordinance as recommended to include as
follows: "On corner lots, no fence, hedge or wall exceeding four
(4) feet in height shall be constructed within fifteen (15) feet of
aside property line which abuts a public street and no fences
may be built on top of berms."
City Manager Thompson explained that the language suggested by the
Community Development Board was added to the existing ordinance to
clarify the interpretation used by the Board in the past.
Discussion ensued concerning the addition of "no fences may be built on
top of berms" to the proposed ordinance amendment. Cit}~ Attorney Jensen
advised that "berms" and "measurement of grade" would have to be
defined in order to make the change.
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After further discussion, Mayor Shaughnessy withdrew her second and
Commissioner Mitchelson withdrew his motion.
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Motion: Approve recommendation of the Community
Development Board to amend the Zoning Code to clarify fence
regulations on corner lots by the addition of the following in
Section 24-157: "On corner lots, no fence, hedge or wall
exceeding four (4) feet in height shall be constructed within
fifteen (15) feet of a side property line which abuts a public
street" and place the proposed ordinance on the nest
Commission agenda for first reading.
There being no further discussion and the motion carried unanimously.
9. City Manager Reports and/or Correspondence:
Cit}• Manager Thompson:
• Updated the Commission on Y2K preparations and advised this
item would be on the next Commission agenda.
• Stated a test would be conducted by the Police and Fire
Departments on Saturday at the five way stop to see if fire trucks
~~ could safely negotiate a roundabout.
• Reported a check had been received from FEMA in payment for
Atlantic Beach firefighters' assistance rendered during last year's
wild fires.
• With reference to Lt. Hill's request to address the City Commission,
the City Manager explained that he had told Fire Department
personnel who wanted to attend the meeting while on duty that they
could attend and could answer any questions they might be asked by
the Commission, but if they wished to ask questions, they needed to
take leave and do so on their own time.
• Reported that Community Development Director Worley and he had
attended meetings concerning the Centex property and contrary to
what was reported in the local newspaper, no commitment of any
money to the City of Jacksonville for the purchase or maintenance
of the property had taken place. City Manager Thompson stressed
that he had advised Jacksonville representatives that neither he or
Mr. Worley had the authority or authorization to commit anything
to the City of Jacksonville. He then asked Commission direction
concerning the Centex property.
Commissioner Beaver stated that he wanted it known that the person
who wrote the newspaper article was given misinformation
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concerning the city's commitment by the City of Jacksonville.
Discussion ensued concerning the city's participation in the
purchase of the property. Mayor Shaughnessy believed the city
should find the money and commit to 10% of the purchase price
($270,000) and suggested that the city leave 90% of the property as
buffer and use only 10% of the acreage. It was suggested that the
property could be used as a parking lot for Pine (Dutton) Island.
Commissioner Meserve felt the city could not afford 10% of the
purchase price and believed purchase of the property should be part
of the budget process. He expressed concern for the amount of
unbudgeted money being spent on park land.
Commissioner Beaver favored purchase of the property if the
funding was available.
Commissioner Borno felt the city needed to investigate funding
sources. He favored purchasing the property and wished to keep it
as natural as possible to keep maintenance costs down.
City Manager Thompson informed the Commission that the grant
for purchase of the property was due in Tallahassee on June 2, 1999.
He indicated that he would be meeting with the City of Jacksonville
representatives the following day and would inform the Commission
of the outcome of the meeting. He further stated that if needed, a
special called meeting could be scheduled to discuss the matter
further.
10. Reports and/or requests from City Commissioners and City
Attorney
Mayor Shaughnessy
Suggested a thirty day freeze on Public Works Department spending
unless there was an emergency.
Requested that a letter be sent to the Massachusetts Highway
Department concerning roundabouts. It was reported that for safety
concerns, roundabouts were being removed in that state.
• Stated that June 14, 1999 was Flag Day and inquired if the
Commisioners would like to have an opening ceremony with the
scouts and chorus. It was the consensus of the Commission to do
so.
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• Gave information on trees for urban environments to the City
Manager.
• Set a Special Called Meeting for Wednesday, May 12, 1999 at 5:00
p.m. to discuss the Centex property.
There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 12:22 a.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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