Minutes / 08-23-99u~~,
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
1``""~ BEACIi CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, AUGUST 23, 1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: Maureen King, City Clerk
Alan C. Jensen, City Attorney
David Thompson, City Manager
The meeting `vas called to order by Mayor Shaughnessy at 7:15 p.m. The
Invocation was ~ffere ~ ' ~' v a
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
August 9, 1999
The Mayor asked for corrections or amendments to the minutes, and there
were none. The minutes were ~Cnanimously approved as prepared.
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2. Courtesy of the Floor to Visitors:
Danny Thiele of 107 Azalea Place, Neptune Beach requested that the
Commission consider passage of a sea turtle light ordinance which would
regulate lights d~uing the nesting season. Mr. Thiele stated he had worked
with the City of Neptune Beach, who had recently passed such an
ordinance, and was now working with the City of Jacksonville Beach. Mr.
Thiele distributed Department of Environmental Protection information
relative to the lighting requirements and stated he would be available to
assist the Commission in any way deemed necessary to get the ordinance
passed.
David ~~iall of 2172 Fairway Villas Lane inquired concerning the city
manager selection process relative to the salary requirement of the top
candidate and the reason for anyone from the City of Atlantic Beach going
to Iowa.
J.P. Marchioli of 414 Sherry Drive commented on a recent traffic
accident and expressed concern for the safety of the residents of Atlantic
Beach due to what he believed to be a citywide increase in speeding. He
~~~'~ feIt use of the motorcycle officer was a deterrent to speeding, and inquired
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as to why he had not seen the motorcycle in use recently.
Commissioner Responses
Commissioner Mitchelson felt the city should consider passage of a sea
turtle lighting ordinance and stated he would be happy to sponsor it.
Relative to the city manager selection process, Commissioner Mitchelson
indicated the salary range was published and all of the candidates knew the
range, but until an individual was selected , no salary negotiations took
place. Commissioner Mitchelson stated that misinformation had been
printed in the Beaches Leader, and the reason for the trip to Iowa was to
talk to the local newspapers, employees and citizens to further check the
candidate's background.
City Manager Thompson explained that the motorcycle was not used at
night, and the officer who customarily operates the motorcycle had been
working nights and was scheduled to have surgery for a work related
accident. He indicated another officer would be assigned to the motorcycle
and it would be back on the road in the near future.
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City Manager Thompson ind~cated that the top candidate for the Cit}~
Manager position was asking for a salary and benefits packet which far
exceeded the advertised range of $65,000 - $95,000.
Discussion ensued concerning the editorial in the April 13, 1999 edition of
the Beaches Leader which questioned why the city would send a three man
team to Iowa to offer a , job to the candidate. Mayor Shaughnessy
indicated that the three members of the ad hoc committee appointed by her
were not going to offer a job to the candidate, but to further check his
background. Mayor Shaughnessy read a letter from the City Manager
which will be sent to the editor of the newspaper expressing concern for the
accuracy of the information appearing in the editorial and an article relating
to stormwater rates which appeared in the August 18, 1999 edition of the
newspaper. The letter is attached and made part of this official record as
Attachment A. Mayor Shaughnessy inquired if the Commission wished
to send the letter or request a retraction of the editorial and article
containing the misleading information.
Commissioner Borno believed the letter written to the editor would be more
effective than requesting a retraction, and the other Commissioners
~r~,J~ concurred with sending the letter to the editor.
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August 23, 1999
Item 8-B vas taken out of sequence and acted on at this time.
8-B. Discussion and Possible Action concerning Litigation with
Regard to the Mayport Road/Atlantic Boulevard Interchange
(Mayor)
Mayor Shaughnessy indicated that the correspondence from the city's
outside counsel expected last week had not been received until noon today
in the City Attorney's office and she would like to have time to study his
response. Mayor Shaughnessy stated she would like to defer discussion on
this item to a Special Called Meeting to be held at 6:00 p.m. on
Wednesday, August 25, 1999. She indicated that the meeting would be
held prior to the scheduled Budget Workshop.
Mayor Shaughnessy then opened the floor for a public hearing.
Don Remley of 1309 Violet Street requested that a Town Meeting be
scheduled with representatives ofthe Jacksonville Transportation Authority
~~~ (JTA) to discuss and view the +final plan.
Mayor Shaughnessy indicated that a public hearing was held by the JTA at
Mayport Elementary, School a month ago for that purpose and no further
meetings were scheduled.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
It was the consensus of the Commission, to defer Item 8-B to the Special
Called Meeting scheduled for 6:00 p.m., Wednesday, August 25, 1999.
3. Unfinished Business From Previous Meeting
A. Action on a Request of Ragtime Tavern for Permission to
Use a Fortion of t1ie~Sidewalk ~t 207 Atlantic Boulevard for
Cafe Style Seating (City Manager)
Motion: Authorize permission'to use a portion of the sidewallc
at 207 Atlantic Boulevard for cafe style seating as outlined in the
attached paperwork. (The documents referenced in the motion
are attached and made part of this official record as Attachment B)
Bill Morton, Manager of Ragtime Tavern, addressed the Commission and
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stated he believed t:he sidewalk cafe concept would enhance the Town
Center Project area. He requested that the tavern be allowed to place eight
full-service tables, which would provide seating for thirty-rivo people, on
the city sidewalk. Mr. Morton stated the table area would be fenced in and
photographs of the proposed fencing were provided. Mr. Morton indicated
that the tables tivould be in place on the sidewalk from lunch hour to dusk.
Mr. Morton also asked that Item 3B, the request for aUse-by-Exception to
waive the parking requirements for the 32 additional restaurant seats be
considered simultaneously with the request.
Commissioner Mitchelson expressed concern that the movement of the
tables and chairs and food spillage would damage the Town Center bricks.
Mr. Morton indicated he would use plastic tables and plastic chairs with
casters to prevent damage to the bricks. He also stated that he would be
willing to move the brick belonging to other people and install the bricks of
family members and friends in the area where the tables would be located.
Mayor Shaughnessy expressed concern that the tables would block
~lw pedestrian traffic on the sidewalk. Mr. Morton explained that a five foot
walkway located under the awning tivould remain open and the tables would
be placed from that point out tci the edge of the street. Mayor Shaughnessy
then suggested a trial period, and Mr. Morton stated he would like to try it
with eight tables for a period of one year.
Commissioner Meserve inquired if alcoholic beverages would be served
outside and Mr. Morton responded that drinks would be served with food.
Conunissioner Meserve felt outside consumption of alcohol would conflict
with the city code. City Attorney Jensen confirmed that it was prohibited
by the city code, as indicated in the staff report.
Commissioner Mitchelson felt that the problems could be overcome, and
inquired if the tables would be brought in at dusk. Mr. Morton stated the
tables would be brought in at dusk and he pointed out that the wait staff did
not use trays or table jacks which might inconvenience pedestrians.
Commissioner Mitchelson inquired if Ragtime had considered expanding
by adding a second story, and Mr. Morton responded that it had been
considered but it was very expensive since the building would not support
a second story.
Commissioner Borno inquired if the inside seating would be reduced, and
Mr. Morton responded that the inside seating would remain the same.
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Community Development Director Worley distributed copies of a
temporary usage resolution granted by the City of Chattanooga to Big River
Breweries (owner of Ragtime) for temporary use of the sidewalks in that
city.
Rona Brinlee, owner of The Boole Mark, a neighboring business, stated
that her original concerns for pedestrian access had been addressed. Ms.
Brinlee stated that she would prefer a trial period of three months, and
further stated that Mr. Morton had agreed to meet on a regular basis to
discuss any problems or concerns that might develop if his request was
granted. Ms. Brinlee suggested consideration of "reserved parking" signs
for The Book Mark, Stuart Ashby, etc. and stated it would be helpful if the
employees of the restaurant parked elsewhere.
There being no further comments, the Mayor declared the public hearing
closed.
Commissioner Mitchelson requested a recap of staffs position on the
~d ~ request. City Manager Thomson summarized the concerns as listed in
Attachment B.
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Ma}~or Shaughnessy stated she favored outdoor dining and suggested that
the Community Development Board draft a citywide ordinance addressing
the issue or alternatively allow Ragtime to operate for a certain period of
time on a temporary basis.
Commissioner Meserve felt that a trial period was warranted due to the
concerns expressed.
Amendment to the motion: Grant a six months trial period.
A brief discussion concerning the trial period ensued. Mr. Morton indicated
that he would not be able to place the tables outside during the Town Center
construction.
Commissioner Borno stated' he was not in favor of alcoholic beverages
being served outside. He felt it was not conducive to the atmosphere Town
Center was trying to promote and believed granting a trial period to
Ragtime would open the door for similar requests from other restaurants.
Commissioners Beaver and Mitchelson were initially opposed to the
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request but stated that they now favored the concept, but further details
needed to be worked out. Commissioner Beaver indicated that he would
like detailed information and a demonstration of the table set up in the
fenced-in area before making a final decision.
Motion: Defer action on the request to the September 13,1999
Commission Meeting in order to gather more information.
Commissioner Mitchelson felt a different approach would be appropriate,
and suggested that staff be authorized to begin drafting an agreement for
Commission consideration which would address the concerns set forth by
the Commissioners.
Mayor Shaughnessy suggested that staff bring a report to the next meeting
which addressed the Commission's concerns. Commissioner Mitchelson
felt the city and Mr. Morton should come to some type of an agreement
before bringing the request back before the Commission.
~~~ A brief discussion of procedure ensued, and Mr. Morton stated he hoped
that the Commission would decide to allow Ragtime to use city property for
the cafe style seating. He indicated that Ragtime would be willing to
comply with all of the requirements of the Commission.
Commissioner Beaver expressed concern for the liability issue if the request
vas approved. City Manager Thompson stated that a contract could address
liability and suggested that the Commission think about a contract and if
it should contain a usage fee clause. City Manager Thompson indicated
that he would work with Mr. Morton and report back his findings at the
next meeting.
There being no further discussion the motion to defer carried by a three
to two vote with Commissioners Borno and Mitchelson voting nay.
The Mayor called a recess at 8:50 p.m. and reconvened the meeting at 9:10
p.m.
B. Action on a Request for aUse-by-Exception Filed by Ragtime
Tavern to Naive tti'e Parking Requirements for 32 Additional
Restaurant Seats (City Manager)
Mayor Shaughnessy opened the floor for a public hearing.
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Mr. Morton stated that he had worked out anon-exclusive lease agreement
with the owner of the vacant lot adj acent to the Sea Horse Inn in Neptune
Beach for fifteen parking spaces for his employees. A copy of the lease
agreement was submitted to City Clerk King. Mr. Morton indicated that
leasing the parking spaces across the street would free-up parking spaces
behind the restaurant for customers.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
A'Iotion: Defer action on the request to the September 13,1999
Commission Meeting.
There was no more discussion and the motion carried unanimously.
4. Consent Agenda:
A. Acknowledge receipt of Monthly Report from Building
Department (City Manager)
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Mayor Shaughnessy received and acknowledged the monthly report for the
Building Department and requested that it be filed.
5. Committee Reports:
A. Tree Conservation Board with Report Relative to Mr.
McDaniel's Application for Tree Removal and Subgested
Procedure for Such Applications in the Future (Tree Board)
Mayor Shaughness}~ received and acknowledged the Tree Conservation
Boazd report and requested that it be filed. Mayor Shaughnessy recognized
Mae Jones, Chairperson of the Tree Conservation Board, who was present
in the audience, and thanked her and the other Board Members for their
work.
6. Action on Resolutions:
A. Resolution No. 99-25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REQUESTING THE DUVAL COUNTY
~~~ LEGISLATIVE DELEGATION TO SUPPORT, DEVELOP,
AND INTRODUCE LEGISLATION AMENDING THE
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PROVISIONS OF THE STATE ADMINISTERED GROUP
HEALTH PROGRAM TO ALLOW PARTICIPATION BY
THOSE LOCAL GOVERNMENTS WHO ARE ALSO
ACTIVE PARTICIPANTS IN THE FLORIDA
RETIREMENT SYSTEM (Mayor)
Motion: Adept Resolution No. 99-25.
There was no discussion, the motion carried unanimously.
B. Resolution I~'o. 99-24
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR
THE FISCAL PEAR BEGINNING OCTOBER 1, 1998 AND
ENDING SEPTEIIZBER 30,1999 (City Manager)
Motion: Adopt Resolution No. 99-24.
Commissioner Mitchelson stated that less than a year ago he had inquired
~"~'~ if the employee's retirement p ~'an was adequately funded, and at that time
was assured the plan was strong and well funded. He then inquired as to
why the city was now requesting a budget adjustment to increase the city's
contribution to the plan if the fund was adequately funded.
A brief discussion of the request ensued. City Manager Thompson
indicated that Chapter 185 money for Police Department, which comes
back to the city through Casualty insurance premium payments, was less
than anticipated by the pension actuary and required the budget
modification to meet the total contribution requirement calculated by the
actuary.
Mayor Shaughnessy inquired if this budget modification was normally used
in this t}ape of situation, and City Manager Thompson indicated that it was
the same procedure as was followed in previous years. Mayor
Shaughnessy then inquired as to what would happen if no budget
adjustment was made. City Manager Thompson stated he did not know if
the city had a legal obligation to do this, and indicated that the pension fund
was adequately funded and would continue without the small amount
included in the budget adjustment.
Commissioner Mitchelson stated he would like to have the Pension Board
address the funding of the retirement plan.
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Mayor Shaughnessy suggested that Item #1 of the budget modifications be
deleted from the Resolution and defer it to the next meeting. She indicated
that John Fletcher, the former Chairperson of the Pension Board, would be
in attendance and could answer any questions.
Commissioner Borno believed the pension fund was being adequately
funded and felt that it was not necessary to defer this item.
Amendment to the Motion: Strike Item #1 from Resolution 99-
24 and rewrite Item #1 with a new Resolution Number and
bring it back to the September 13,1999 Commission Meeting.
There being no further discussion, the amendment to the motion carried by
a four to one vote with Commissioner Borno voting nay, and the main
motion carried unanimously.
7. Action on Ordinances:
~~~~ A. Ordinance No. 95-99-7,1 -Introduction and First Reading
AN ORDINAl\TCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AUTHORIZING THE EXCHANGE OF CERTAIN
REAL PROPERTY OWNED BY THE CITY FOR CERTAIN
REAL PROPERTY OWNED BY HABITAT FOR HUMANITY
OF THE JACKSONVILLE BEACHES, INC., A NOT FOR
PROFIT FLORIDA CORPORATION, DB/A BEACHES
HABITAT, AND PROVIDING AN EFFECTIVE DATE
(Mayor)
Mayor Shaughnessy read the ordinance by title only.
Motion: Approve passage of Ordinance 95-99-71 on first
reading.
Mayor Shaughnessy indicated the public hearing would be held September
13, 1999.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business
A. Board Appointments:
(i) Appointment to the Pension Board of Trustees to fill the
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unexpired term of John C. Fletcher, Jr.
Mayor Shaughnessy appointed Tony F. Downing to fill the unexpired term
of John C. Fletcher, Jr. on the Pension Board of Trustees.
The Commission unanimously approved the appointment.
(ii) Appointment to the Cultural Arts Board to fill the unexpired
term of Woody Winfree (Mayor)
Mayor Shaughnessy appointed Karen Sadler to fill the unexpired term of
Woody Winfree on the Cultural Arts Board.
The Commission unanimously approved the appointment.
B. Discussion and Possible Action concerning Litigation `with
Regard to the Mayport Road/Atlantic Boulevard Interchange
('Mayor)
This item was taken out of sequence and acted on after Item 2, Courtesy of
the Floor to Visitors. ~
C. Action on the Recommendation of the Pension Board of
Trustees Regarding a Change in Retirement )Cligibility (City
Manager)
Commissioner Borno suggested that this item be deferred and a committee
appointed to review the ramifications of proposed change(s) and that they
report back their findings to the Commission.
Mayor Shaughnessy indicated she would appoint the committee at the next
meeting.
City Manager Thompson favored having a committee further study this
complicated issue, and reported that changes required by state law would
also have to be implemented:
Richard Fellows, a former•City Manager of the City of Atlantic Beach,
commended the city for providing life insurance for retirees and requested
a determination as to whether or not he was a retiree from the city so he
~~ could obtain the insurance.
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D. Approve Contract titi•ith Aikenhead and Odom for the
Preliminary Design Phase of the Stormwater Utility Project in
the Amount of 548,500 and Authorize the City Manager to Sign
the Contract Documents (City Manager)
Motion: Approve contract with Ail:enhead and Odom for the
Preliminary Design Phase of the Stormwater Utility Project in
the amount of 548,500 and authorize the City Manager to sign
the contract documents.
Mayor Shaughnessy commented on the scope of work summary, and
recommended that the City Commission meet with Aikenhead and Odom
in a workshop setting and that the meeting be added to the scope of work
summary.
Amendment to the motion: Add a `Vorkshop Meeting with the
City Commission to the Scope of Work Summary.
~4~ Commissioner Mitchelson confirmed that the $48,500.00 was for the
project approach phase of theproject and that there would be a separate
contract for the final design of the project. He further stated that he wished
to have Aikenhead and Odom's recommendation for the maximum
percentage ofnon-permeable surface figured into the final design phase of
the project as part of the scope of work so the city will not inundate the
system.
There being no further comments, the amendment to the motion and the
main motion carried unanimously.
E. Authorize the Purchase of Sis Lots Described as Lots 1- 6,
Block 91, Section H at a Cost of 590,000.00 (City Manager)
Motion: Authorization (as recommended to purchase six
lots described as Lots 1 - 6, Block 91, Section H at a cost of
590,000.00).
Commissioner Mitchelson inquired relative to the recommended funding
source for the purchase utilizing Convention Development Tax money of
$100,000 originally appropriated for Bull Park, and expressed concern if
~ the money was taken from Bull Park.
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City Manager Thompson indicated that there were several different funding
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August 23, 1999
sources for the purchase. He pointed out, however, that the Convention
Development Tax money had limitations for its use, and the purchase of
the property would be an appropriate use. He further indicated that reserves
or another funding source could be used for Bull Park.
A brief discussion of the propert}~ value and proposed purchase ensued.
City Manager Thompson indicated he would like to tell the owner of the
property that the city was seriously interested in purchasing the property,
even if the purchase vas not closed until after October 1, 1999.
Commissioner Meserve favored purchasing the property but felt funding
for the purchase should be included in the fiscal yeaz 1999/2000 budget.
After some further discussion of funding options, it was the consensus of
the Commission to authorize the City Attorney to begin preparing the legal
documents to purchase the property.
There being no further comments, the motion carved by a three to two vote
~~lj with Commissioners Beaver and Meserve voting nay.
F. Amend Current Agreement for Fire Services tivith the City of
Jacksonville to Indicate that Liabilities of the Firefighters'
Portion of the Cit3~ of Atlantic Beach Employees Retirement
Plan Will Transfel• to the Jacksonville Police and Fire Pension
Plan (City Manager)
Motion: Amend current Agreement for Fire Services with the
City of Jacl;.sonville to indicate that liabilities of the
firefighters' portion of the City of Atlantic Beach Employees
Retirement Plan will transfer to the Jacksonville Police and
Fire Pension Plan as recommended in Option 2. (Option 2 is
attached and made pzrt of this official record as Attachment C).
City Manager Thompson explained that the following five governmental
entities were involved in the process:. the City of Jacksonville, the
Jacksonville Fire Pension Plan, the City of Atlantic Beach, the Atlantic
Beach Fire and Pension Plan and the State of Florida. He further stated that
most of these entities were using attorneys to try to negotiate and work out
agreements because the city (City of Atlantic Beach) has a contract that says
the city will do one thing, and amendments to the contract are being
proposed. City Manager Thompson recommended that the matter be
referred to the City Attorney to work with the other participants and to come
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back with a specific recommendation.
Mayor Shaughnessy stated she was reluctant to amend the agreement, but
would favor the Cit}~ Attorney working with the other entities to find a
solution. City Manager Thompson stated that due to the complexity of this
matter, it was constantly evolving, and he now felt it would be better for
the City Attorney to be involved in the process even though he had initially
recommended othervrise.
Mayor Shaughnessy inquired as to why the Pension Board Attorney was not
representing the city. City Manager Thompson stated he was involved by
representing the Pension Board.
Commissioner Mitchelson inquired if an amendment to the contract would
be required since the existing contract stated that "all assets and liabilities
of the Atlantic Beach Fire Department Plan.....shall be transferred..."
City Manager Thompson indicated that the answer was probably yes, but
there were too many unknown factors at this point, for all of the money to
~'"~"~ go to the City of Jaclaonville. j
The second to the motion and the motion were ~vithdra~vn by
Commissioners Borno and Mitchelson respectively.
Motion: Authorize the City Attorney to represent the City of
Atlantic Beach in discussions bettiti~een the City of Jaclaonville,
the Jaclaonville Tire Pension Plan, the Atlantic Beach sire and
Pension Plan, the State of Florida, and the City of Atlantic
Beach.
There being no further discussion, the motion carried unanimously.
9. City Manager Reports anti/or Correspondence:
City Manager Thompson distributed his report and commented on the
following items:
Reported that the City Manager search would move to the second
person on the list, Doug Miller, unless the Commission wished to
reconsider this item.
- Reported that staff was working toward preparing an RFP for a
.
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master plan for the Buccaneer and Atlantic Beach sewer. He
indicated that the city needed to look at the full system over the next
five to ten years.
Stated the proposed City Attorney contract would be placed on the
September 13, 1999 agenda for action.
Distributed new zoning maps to the Commissioners and explained
that a plastic overlay for the large map was not feasible.
Mayor Shaughnessy requested a blank piece of mylar to make an
overlay for her zoning map.
Commissioner Borno commented that the GIS enhancement
proposed in the 1999/2000 budget would allow the zoning map to
be made into overlays or projected on a screen.
- Reported that the Cultural Arts Board had placed art work from
~~~~ local artists in the City Hall lobby. It was further reported that the
art work was for sale and the Board would receive a percentage of
sales, but the exact amount needed clarification.
10. Reports and/or Requests From City Commissioners and City
Attorney
Commissioner Beaver
Commented relative to Item 8 in the City Manager's report and
suggested that the Jacksonville Transportation Authority (JTA) buy
Mr. Blake's property (Item 8E) and relocate the retention pond on
that site.
Commissioner 11'Iitchelson
Stated he would like to revisit the City Manager selection process
on Wednesday, since he had some concern regarding the voting
process which had been used.
A brief discussion ensued and it was the consensus of the
Commission to move to the #2 candidate as previously selected.
Commissioner Meserve
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- Reported that Fleet Landing would come before the Commission
. on September 13, 1999 concerning refinancing their bond issued
through the city.
Commissioner Borno
- Thanked staff for the new zoning map.
Mayor Shaughnessy
- Reported that the set out rate for recycling was down slightly due to
summer vacations.
- Reported that the contractor for the Town Center Project had
encountered double thick concrete and was given a seven day
extension on his contract beyond the thirty day deadline to open
Atlantic Boulevard.
- Reported that the City of Neptune Beach had closed First Street
without notifying the Project Oversight Committee, which changed
the traffic flow pattern originally set up for the Town Center Project.
Commissioner Meserve
- Requested that the Commissioners consider voting districts and
stated he would like to have a discussion concerning the same in
the near future.
There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:25 p.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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