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11-28-11 v MINUTES REGULAR CITY COMMISSION MEETING November 28, 2011 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Commissioner Mark Beckenbach City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Maria Mark (excused) Call to Order/Pledge: Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of November 14, 2011. Motion: Approve the minutes of the Regular Commission Meeting of November 14, 2011. Moved by Daugherty, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. John November, 647 Beach Avenue, reported on the MarshFest event stating it was a huge success. He stated they could not have done it without the City's assistance. He stated the police were fantastic this year, nothing but helpful. He expressed his appreciation to Commissioner Daugherty and Commissioner Mark for their roles in the event. He stated although he cannot speak for the Marsh Preservation Society, he is very excited about the possibility of making this an annual event. He also thanked his mentor, Lyman Fletcher, who not only founded the Marsh Preservation Society but was able to keep the push going and get him excited about the environment. He stated, moving forward, the Marsh Preservation Society is going to continue to follow Lyman Fletchers' legacy of preserving land here in Atlantic Beach. He stated, he personally, does not believe there could be a better namesake for the Tideviews boardwalk and suggested it be named the Lyman Fletcher Sunset Pier. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. November 28, 2011 REGULAR COMMISSION MEETING Page 2 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Recreation Report for October 2011. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-11-112 - Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. Mayor Borno read Ordinance No. 20 -11 -112 by title. Motion: Approve Ordinance No. 20 -11 -112. Moved by Woods, Seconded by Beckenbach Mayor Borno opened the Public Hearing. He explained this Ordinance was to close out the books with adjustments to different line items for the budget ending September 30, 2011. No one from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Beckenbach asked that Mr. Van Liere further explain the Ordinance. Finance Director Nelson Van Liere reiterated this is an adjustment to last year's budget for a few items that exceeded their budget line items, further explaining each item. November 28, 2011 REGULAR COMMISSION MEETING Page 3 Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business Mayor Borno stated he was saddened to announce that our Customer Service Supervisor, Joyce Lanier, passed away this weekend. He stated she had been with the City for eighteen years. A. Public Hearing for UBE- 2011 -04 (11- 00100063) - Request for a Use -by- Exception granting approval for a Home Occupation consistent with Section 24- 106(c)(4), and in accordance with the provisions of Section 24 -159, permitting professional artistic services together with design and crafts activities associated with beading and jewelry - making, not involving equipment, within a single - family dwelling located on a property in the Residential Single Family (RS -2) Zoning District at 393 3rd Street. Principal Planner Erika Hall summarized the request for the Use -by- Exception, stating this request was approved unanimously by the Community Development Board. She further stated the applicant's jewelry making does not involve any equipment that would be dangerous or hazardous; it is all done by hand. She stated according to Section 24 -63(d) the Commission must approve this home occupation in order for the applicant to proceed. Motion: Approve UBE- 2011 -04 permitting a home occupation as requested by the applicant and recommended by the Community Development Board. Moved by Woods, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Woods stated since being elected, she has been recommending we look over our zoning codes to see what is allowed and not allowed in certain districts and this is an example of why we need to do this. She stated it should be a very simple application to make jewelry in your house and walk away with a permit, but here it is six weeks later. She stated she believes that is an excessive amount of time for what should be a simple process. She stated she believes we need to look at our codes to streamline our processes and examine what businesses are allowed in what districts and tweak it so it works better for everybody. She stated she wished Ms. Craven all the success. Mayor Borno agreed this would be a good subject for Strategic Planning. Discussion ensued. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 0 MOTION CARRIED B. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage at 2234 Oceanwalk Drive West. November 28, 2011 REGULAR COMMISSION MEETING Pate 4 Public Works Director Rick Carper summarized the request for waiver to install a circular driveway, stating this was approved by the applicant's homeowners association. Motion: Approve requested waiver for 2234 Oceanwalk Drive West. Moved by Woods, Seconded by Beckenbach Commissioner Daugherty stated the only thing that concerns him is that the applicant indicated they are having a lot of family members move in with them and therefore need more parking spaces which indicates there will be a large number of vehicles at the residence. He asked if, in this process, the neighbors are notified. Mr. Carper stated no, it isn't a zoning issue and there is nothing in our Ordinance that requires them to notify the neighbors that they are putting in a circular driveway. Discussion ensued. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 0 MOTION CARRIED C. Advisory to amend Section 17 -29 of the Sign Code, to allow fascia signs equivalent to one (1) square foot of sign face area per each linear foot of frontage, up to a maximum two hundred (200) square foot sign face area. Building Official Mike Griffin summarized his staff report, explaining this is a recommendation by staff to revise Section 17 -29 allowing a maximum of two hundred square feet for a wall sign, and showed several slides of existing signage, stating some of which are currently nonconforming. He stated the Community Development Board gave a unanimous approval to change the Code. Commissioner Woods asked if, for the signs that are nonconforming now, this will be retroactive. Mr. Griffin stated everything will be wiped clean and then on January 1, 2015 they would start with the maximum of 200 hundred square feet. Motion: Authorize the ordinance amendment as recommended by Community Development Board and schedule for first reading at the next Commission meeting. Moved by Woods, Seconded by Beckenbach City Manager Jim Hanson further explained in the 2001/2002 revisions to the sign code there was a piece of the Code that was inadvertently left out which allowed for the larger signs. He stated this is correcting an error because there wasn't any reference to the need to have smaller wall signs at the time these sign changes were made. He stated this puts back into place what he believes the real intent was all along. Mr. Griffin and Mr. Hanson answered questions from the Commission. Commissioner Daugherty expressed concerns about whether they want 200 s.f. signs in our City, stating he will do some research on this and get some feedback from the public before the first reading. Discussion ensued. November 28, 2011 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 0 MOTION CARRIED D. Police Department 3` Quarter Report. Chief Mike Classey summarized the highlights of the 3` Quarter Report, reviewed the statewide semi - annual crime statistics and answered several questions regarding animal control from Commissioner Daugherty. Commissioner Woods thanked Chief Classey and his officers for keeping our City so safe. E. Proposed Ordinance Amending Chapter 2 Administration Div. 2 Code Enforcement Board of the City Code. Mr. Griffin summarized his staff report, stating staff is recommending a revision to Chapter 2 of the Code Enforcement Ordinance based upon a Court of Appeals decision requiring that when we use a self - executing order that the violator be given the opportunity to appeal that decision of the Code Enforcement Officer back to the Code Enforcement Board. He recommended bringing this back for first reading amending some of our Code Enforcement requirements for appeal. Motion: Approve the proposed amendments to Chapter 2 Administrative Division 2 Code Enforcement Board and bring the Ordinance back to the Commission for first reading. Moved by Woods, Seconded by Beckenbach Mr. Griffin answered questions from the Commission. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 0 MOTION CARRIED F. Report on Redevelopment and Zoning Coordinator. City Manager Hanson summarized his staff report, stating applications are currently being received for the position as the job announcement was posted pursuant to unanimous approval of the City Commission on October 10, 2011. He pointed out that this restructured position results from the combination of two jobs to meet the needs of the Commission's strategic priorities for the Mayport Corridor Project. He stated if we do not fill the job we cannot move ahead with the Mayport Corridor project. G. Postpone the hiring of the Redevelopment and Zoning Coordinator. Mayor Borno stated he does not believe this is a good idea, explaining his reasons why. Motion: Postpone filling the Redevelopment & Zoning Coordinator Position until the Government Organizational Review, the Citizen Town Hall Meetings and the Strategic Planning process have been completed and possibly the employee contract negotiations. Moved by Woods, Seconded by Beckenbach November 28, 2011 REGULAR COMMISSION MEETING Page 6 Commissioner Woods explained her reasons for postponing filling the position. She stated she believes this is important enough that Commissioner Mark should be here so she is going to withdraw this before they get to the voting process but still wanted the Commission to vet some of the issues so they will be ready when they come back to it at the next meeting. Commissioner Daugherty stated they did vote unanimously to fill this position. He stated he could see postponing this until strategic planning but the other requirements of the motion would cause him not to vote for this. Commissioner Woods stated she would be amenable to an amendment. City Attorney Alan Jensen asked Commissioner Woods if she was asking this Commission to reconsider what was unanimously approved last October. Commissioner Woods stated she was asking to postpone filling the Redevelopment and Zoning Coordinator position. City Attorney Jensen stated that would be a reconsideration of an item that has already been unanimously approved by everyone, which has to be done at the same or next meeting. Commissioner Woods stated she is not suggesting that we are not going to hire the person; she's saying that they are postponing it. She stated she does not believe it is a reconsideration; it is a postponement. Discussion ensued between the City Attorney and Commissioner Woods regarding what the Ordinance requires of reconsiderations and whether this was a reconsideration. City Attorney Jensen stated this could be brought up by a budget amendment if they wanted to eliminate the funding for that position and then it can't be hired because it can't be funded. He stated postponing the hiring doesn't change the budget; changing the budget takes an ordinance. Mayor Borno asked what the closing date for applications was. Commissioner Woods stated it was 12/9/11. She asked for clarification from City Attorney Jensen regarding the wording for the motion. City Attorney Jensen stated it appears that she is asking for this Commission to reconsider the decision made on October 10 and if that is the case, she is obligated to follow the requirements of Chapter 2 of our Ordinances to bring it up at the same or next meeting. He stated if she wants to propose a budget amendment to eliminate the funding for the position, that is not a reconsideration of what was done on October 10. Commissioner Woods withdrew her motion. Commissioner Beckenbach withdrew his second. Mayor Borno stated any action on this will need to be put on the agenda for the next meeting. Commissioner Woods stated she would still like to explore that concept more because there are a lot of things that could be considered and if City Attorney Jensen is saying that one person, because they were on the Commission before, cannot bring up any of these subjects that seems to be awfully constraining. City Attorney Jensen stated he said if what she is trying to do is reconsider a previous action taken by the Commission, then she has to follow the requirements of the Ordinance, which means a motion for reconsideration has to be brought up at the same or next meeting. Discussion ensued. H. City Government Organizational Review. Commissioner Woods withdrew this item until the next meeting. I. City Commission Meeting Time. November 28, 2011 REGULAR COMMISSION MEETING Page 7 Motion: Direct staff to prepare an ordinance to change the starting time of the Commission Meeting to 7:00 pm. Moved by Woods, Seconded by Beckenbach Commissioner Daugherty stated although he agrees they need to change the time, he believes it is a big burden on staff to stay until 7:00 for a meeting to start and believes an effective compromise would be to amend to 6:30. Commissioner Woods stated either 6:30 or 7:00 would be fine with her. City Attorney Jensen stated they will also need to have an ordinance with a public hearing before they have to set the final time. Amended Motion: Amend the time to 6:30. Moved by Daugherty Motion died due to lack of a second. Commissioner Beckenbach stated over the last few weeks he has had four people approach him regarding the 7:00 time, not 6:30. He stated the reason for the 7:00 time was because they were all coming from a distance and said they would not be able to make it here until 7:00. Commissioner Daugherty stated he understands that but from what he is hearing from staff is that it is a burden on them. He stated he weighs two things, the needs of having more open and accessible government but at the same time being respectful to staff by not having them here any longer than necessary. He stated he is not going to vote for 7:00 and believes 6:30 is a good compromise. Commissioner Beckenbach stated this will have to go through the Ordinance hearing and the citizens will have a period of time in which they will be able to comment and they can change the time. He stated what they are really doing now is asking staff to prepare something where they will put in a time of 7:00 or 6:30 and asked Commissioner Daugherty if he was interested in having a change of time. Commissioner Daugherty asked City Attorney Jensen if this is brought up for a first reading, can the time be amended. City Attorney Jensen stated it can be at first or second reading. Votes: Aye: 3 — Beckenbach, Daugherty, Woods Nay: 1— Borno MOTION CARRIED J. Selection of Mayor Pro Tempore. Mayor Borno stated he is going to withdraw Item J and Item K to be postponed until the next meeting so they will have a full commission. Discussion ensued regarding whether there was a time limit for appointing a Mayor Pro Tempore. It was determined there was no time limit to appoint the Mayor Pro Tempore. K. Appoint Commissioner to the Board Member Review Committee. This item was postponed under Item J until the next meeting with a full commission. 9. City Manager A. City Manager's Report. November 28, 2011 REGULAR COMMISSION MEETING Pace 8 City Manager Jim Hanson reported on a Change Order for the wastewater project in the amount of $15,788 which was to reroute a piece of 24" pipe approximately 25' due to a conflict underground. He stated they still have a remaining contingency of $183,000. He also announced several workshops that have been scheduled as follows: December 6 at 6:00 p.m. to discuss Pensions, which will include the opportunity for public comments both before and after the workshop; December 12 at 5:00 p.m. for a status report presentation on the Marsh Master Plan; and December 14 at 6:00 p.m. to review the history and status of the Police Building project and discuss possible next steps. Commissioner Woods clarified that they were all to be held in the Chamber. Commissioner Beckenbach asked when there would be public comments during the Police Building Workshop. City Manager Hanson explained we had not planned on any public comments during that workshop because normally there is none. He explained that workshops are more of an educational process for the City Commission so very seldom do we have public input. In the case of the pensions, he explained it is a little different since a lot of people expressed their desire to have input and the Commission will be going into a decision - making meeting, probably a Shade Meeting, which is the next step when you're dealing with unions. He explained that he discussed it with the Mayor and it was decided that an opportunity for public input would be on that agenda. He reiterated that there was no plan to have the public input on the Police Building, unless the Commission wants to change that. Mayor Borno explained the others were not discussed yet but he believed the Pension was the hot one and needed to get it out of the way. Commissioner Beckenbach asked to put the opportunity for public comments on the agenda. Mayor Borno explained he would like to set the format at the workshop. Commissioner Woods explained why she believes it is important for citizens to know ahead of time whether their input will be allowed and why she supports having public input at workshops. Commissioner Daugherty explained the difference between a workshop and a regular meeting, stating citizens have other ways and opportunities to express comments to Commissioners. He agreed with the current format of the workshops based on the same reasons given by the Mayor and City Manager. Commissioner Beckenbach disagreed with the current format of the workshops and wants public input during each. Discussion continued regarding whether there should also be public comments at the other two workshops. It was the consensus of the Commission to allow three minutes before and three minutes after each of the above workshop meetings for citizen input. 10. Reports and /or requests from City Commissioners and City Attorney A. Florida League of Cities Legislative Agenda Mayor Borno stated he attached the ten agenda items that came out of the Florida League of Cities meeting and wanted the Commission to be informed on the five committees and the two top priorities. He stated he has requested resolutions from the Florida League of Cities and will have those prepared for the next meeting. Commissioner Woods • Is in agreement with John November that if it had not been for Lyman Fletcher's foresight and determination we might not have any of the marsh front as part of Atlantic Beach and November 28, 2011 REGULAR COMMISSION MEETING Pate 9 agrees with his suggestion for the name of the pier. Mayor Borno stated staff has been soliciting the public for suggestions for the name and Mr. Hanson stated we do have several public suggestions. Mayor Borno stated they will add this one to the list. • Hoped everyone will join her in keeping Maria Mark and Ms. Lanier's family in their prayers. Commissioner Beckenbach • Asked that the City Attorney give a written opinion on Section 8 of the Atlantic Beach Charter, especially on the portion regarding, "The Mayor Commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special and select committees as in his discretion he deems desirable or as may be desired by the City Commission" and also in Section 9 regarding how that empowers "except as may be otherwise provided in this Charter, all powers of the City and the determination of all matters of policy shall be vested in the City Commission ". • Wished Maria Mark the best. Commissioner Daugherty • Read a letter received from Councilman Gulliford that was sent to Mayor Brown regarding animal control (which is attached and made part of this Official Record as Attachment A). Asked the Commission for their thoughts. Discussion ensued. Consensus was to send letter from Mayor Borno to Mayor Brown stating our agreement with Councilman Gulliford's letter. Mayor Borno • Stated he will make copies of the information and policies he received from the Florida League of Cities so they can start understanding the process. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:59 p.m. Mike Borno Mayor/Presiding Officer ATTEST: Alimet, %Meta Donna L. Bartle, CMC City Clerk o JACicsp ATTACHMENT A �RID '' OFFICE OF THE CITY COUNCIL BILL GULLIFORD 117 WEST DUVAL STREET COUNCIL MEMBER, DISTRICT 13 SUITE 425 PHONE (904) 630 -1397 JACKSONVILLE, FLORIDA FAX (904) 830 -2908 32202 E -MAIL: GULLIFORD ®COJ.NET HAND DELIVERED November 28, 2011 The Honorable Alvin Brown, Mayor City of Jacksonville 117 West Duval Street, City Hall Jacksonville, FL 32202 Dear Mayor Brown, I read with interest and appreciation your positive comments about the beaches communities in the Beaches Leader newspaper last week, and your strong support of the interlocal agreement binding all parties. In consideration of that interlocal agreement, I would like to raise the issue of animal control. It is a specific responsibility of the county, i.e. City of Jacksonville, as defined in the agreement. Yet the beach municipalities have borne the burden of paying for animal control for as long as I can remember. In all fairness it is time for the county to accept that responsibility and the cost of providing that service. I would suggest that either the City of Jacksonville might provide two full -time, on site animal control officers at the beaches for the purpose of collecting and transporting stray animals, or reimburse the beach cities for their annual costs of the same. I would sincerely appreciate your consideration of which method you think would work best, then letting me or the beach cities know your decision and how we might proceed. Thanks again for your support of the beach community. Sincerely, William Gulliford cc: The Honorable Fland Sharpe The Honorable Harriet Pruette The Honorable Mike Borno