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Amended Agenda with Amended Items 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING December 9, 2013 - 6:30 PM AMENDED AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of November 12, 2013. B. Approve the minutes of the Commission Workshop of October 21, 2013. C. Approve the minutes of the Special Called Meeting of October 28, 2013. D. Approve the minutes of the Commission Workshop of October 28, 2013. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager’s Follow-up Report. 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 Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for October. B. Extend the Utility Contractor contract for one additional year to Gruhn May, Inc. at the current contract prices, effective January 11, 2013. C. Award the construction contract to F & G Construction for $39,848.00 to complete the Tideviews ADA Trail using the funds in account 320-6040-572-6300 to fully fund the project and authorize staff to sign associated paperwork. D. Award the annual contract for Welding Troubleshooting and Repair to Hutchinson Welding & Repair, LLC at the prices submitted in Bid No. 1314-01. *E. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No. 1213-13) in the amount of $32,916.00 for one year, from November 1, 2013 through October 31, 2014, and authorize City Manager to sign the new contract. F. Authorize the City Manager to sign the Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 13-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT OF ALAN C. JENSEN AS CITY ATTORNEY AND PROVIDING AN EFFECTIVE DATE. 2 B. Resolution No. 13-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE FIRM OF KOPELOUSOS, BRADLEY AND GARRISON, P.A. AS INTERIM CITY ATTORNEY AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 13-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT OF JAMES R. HANSON, AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 13-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING NELSON VAN LIERE AS INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances *A. ORDINANCE NO. 20-13-126, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 90-13-220, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Crosswalk on Seminole Road at David Street (deferred from 10/28/13 Workshop). (City Manager) *B. Community Development Board recommendation on boats/trailers in front yards. (City Manager) (Note: Community Development Board meeting is on 11/19/13 and their recommendation will be forwarded to the Commission as soon as it becomes available.) C. 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. (City Manager) D. Mayor Pro-Tem Appointment. (City Manager) E. Board Member Review Committee Appointment. (City Manager) F. Report on Activities of the North Florida Utility Coordination Group (NFUCG) and approval to sign the Joint Defense/Common Interest Agreement. (City Manager) G. Marsh Multipurpose Path Design and Permitting RFP #14-03. (City Manager) (Note: Proposals from consultant are to be opened and scored and report will be forwarded to Commission prior to the December 9, 2013 meeting.) 9. City Manager A. City Manager’s Report. 10. Reports and/or requests from City Commissioners and City Attorney A. Human Rights Ordinance. (Commissioner Mark) B. Discussion concerning Audio/Visual/ Logistical Issues at meeting locations throughout the City. (Commissioner Beckenbach) C. Videotaping meeting/additional budget (Commissioner Woods) 3 D. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial construction within a residential community on Sundays. (Commissioner Mark) E. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial lawn service companies before 9:00 a.m. or after 7:00 p.m. on Saturdays and Sundays. (Commissioner Mark) Adjournment * The supporting documents for these items have been revised since the workshop meeting of November 25, 2013. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, December 6, 2013. CITY OF ATLANTI C BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM fl 4b OE CEMBE il9. 20 13 AGENDA ITEM : Beach Cleaning Annual Contract, Bid No. 1213-13 SUBMITIED B Y : Rick Carper, P.E., Public Works Director 1 ' DATE: October 4, 2013 STRATEG IC PLAN LI NK : No link, Beach Cleaning Services included in Annua l Budget BACKGROUN D: On September 25, 2013, a bid opening was held for the A n nua l Con trac t for Beach Cleaning and Ra l<ing for the new fi scal yea r (12-month period). Because of the nature and sensitivity of deal ing with sea turtles during the hatching season (March 1 -October 31 ), t he bid specifications were revised to place more emphasis on the requirements a nd protocol o f operating on the beach with equipment during this season. The Cily requested the bidders supply three references w ith similar project experience in order to secure a beach clean ing company familia r with handling these unique requ irements. The C ity received fou r (4) responses from companies as shown on the Bid Tab. Although Beachcombers was not the low bid, they were the only responder to show actual beach cleaning experience. Beachcombers North, Inc. has provided the Ci ty with beach cleaning servi ces since the 1990's. They have demonstrated excellent professional ism and knowledge in performing their services . Du ring the last 6 years that Public Works has managed the beach c leaning contract , very few issues have come up a nd on ly one incident regarding the sea turtles occurred which was quickly d iscussed and addressed to avoid sim ilar problems in the future . Beachcombers has shown they will "do what it takes'' to ensure services are p rovided properly with concern for the turtles being paramount while still keepi ng t he beaches clean . BUD9ET: T he new fisca l year budget in cludes $33,000 in account 001 -6020-572-3400 (Parks Maintenance, Contractual Services). RECOMMENDATION: Due to t he need for experien ce In this type of se rvice , staff recommends awarding the contract to Beachcombers North, Inc. in the amoun t of $32,916.00 for one year, fr om November 1, 2013 through October 31, 2014, and authorizing the City Manager to sign the new contract. This cost is the same as the City has paid for the past four yea rs. ATTACHMENTS: 1. Bid Tab BID 1213-13 Required Documents Submission in Triplicate -All Documents Document Reguirements Checklist Bid Form Insurance Certificate References -Three Business Tax Receipt Receipt (formerly Occupational License) and any License Required Within this Field Drug-Free Workplace Public Entitv Crimes Statement W-9 Form +. • ~,·,.!~~ ~.:./~~;· ~,F ~' -~ .. ,.~~_-~ .. ~~ -~:' '~.-,;~;;~ i'l. .• ':; ·.,' ? 11;..-lUi.IN'. ,~ -.. ,_"Tf., · . . ~ ~ .. -; .. .' .-. .......4:.V...---...;....p ___ _,_,"",·· -~· _.~ '~ 'II' ...,_ TOTAL ANNUAL COST (52 WEEKS PER YEAR) City of Atlantic Beach Annual Contract for Beach Cleaning September 25, 2013 Beachcombers North, Inc. Faith Constr uction Group, Inc. X X X X X X X X X X X X X X X X X X ''1}-.r._: •· '~~ . •;ji ·; \ir',-; ~:i"i:' O> ,. , r .;·':!,,":'" -I' .,. . ;{:• 'll'l',!l:~ l.?' til 0 ~ .... 1 .... :~'f1: '''.:11:. ~ _;> 'I • '" p;,~ \' . .,,.; • .Qi..:.n. ... A•.:'.~ 9' I ;0'. ~-_.~ .... !~~ .... ..;iL~-.~~~~ ... -:;~~....2~ "~s. ·~ \itt. " $32,916.00 $28,912.00 Award of Bid based on Department Analysis and Commission Approval Foreman Services X X X X X X X X X o:.•; ~~:·.'~~:~!" ~:; '·:· "i· $27,820.00 ~:oo-PM Service Group 360 Int., LLC X X X X X X X X X \ : .. ·";:~,~ · .. ~~-~' "' . ~lC $49 ,764.00 o> mo ncn mz ~~ m -::o;j .:03::: l:;5=10: -~ w!'Tl Carper, Rick To: Hanson, Jim Subject: Beach Cleaning (Raking) Follow-Up Jim, following information regarding raking of beaches is provided: AGENDA ITEM # 4E DECEMBER 9, 20\3 From Trey Hatch, FDEP Beaches and Coastal Systems rep, (the original source of the comment to Jax Beach PW that discussions were underway about disallowing raking on beaches). The discussions between FDEP and Fish and Wildlife Services took place about two years ago and primary concern was for beaches (mostly South Florida) where beaches are groomed and raking is done much more frequently than we do (some places rake daily). No forward motion or action taken on the discussions. Raking is allowed as long as rack is not removed from the beach. I also talked with Kevin Bodge regarding raking -he says in an ideal, natural beach system we would not rake the beaches because of the nutrients and habitat contained in the seaweed rack. However, we (and much of Florida) do not have natural beach systems, we have urban beaches, which in most of the state are raked to meet the needs and desires of residents and tourists. Raking is an accepted practice throughout the state of Florida. I talked with Ty Edwards after the last workshop on how Jax Beach does Beach Cleaning: They have Beachcombers on their beach seven days per week, manually cleaning and emptying trash cans (both on beach and at street ends) at a cost of -$65/day/mile. They rake the beach once per week at a cost of $142/ mile of beach per week (raking cost only). We have Beachcombers on our beach four days per week, manually cleaning and emptying trash cans (beach only)-our cost -$45/day/mile. They rake our beach once per week at a cost of $190 for 2.46 miles of beach ($77.23/ mile of beach per week-raking cost only}. The difference between service levels that has been brought up several times is that in Jax Beach, Beachcombers empties the street end cans, where they do not in AB. In Jax Beach, the street end cans are mostly in commercial areas or parking lots, where the Beachcomber tractor and trailer do not look out of place. In AB, our walkways are much longer than Jax Beach's, with street end toters generally located some distance from the beach, and only two accesses with significant parking (18th, 19th). Ricky L. Carper, P.E. Public Works Director/City Engineer City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 rcarper@coab.us PH: (904) 247-5834 Fax: (904) 247-5843 Florida Public Works -First to Respond, Last to Leave www.apwaflorida.com 1 AGENDA ITEM: DATE: SUBMITTED BY: STAFF REPORT City of Atlantic Beach Commission Meeting ORDINANCE NO. 20-13-126 November 26, 2013 Nelson Van Liere, Finance Director STRATEGIC PLAN LINK: N/A AGENDA ITEM# 7 A DECEMBER 9, 2013 BACKGROUND: The attached Budget Ordinance addresses three items. They are: 1. During the October 28, 2013 City Manager's Follow up report, the Commission discussed the staff recommendation to install an electronic lock on the Gate at Dutton Island. This would allow the gate to automatically unlock at 6:00am so that fisherman can access the dock before the 7:30am scheduled workers would be able to open the gate. The Public Works Director evaluated the cost of overtime to perform this task and determined that over time the automated system would save money and be more dependable than relying on an employee. When comparing the cost of the automated solution to a city employee on overtime, the automated system would pay for itself in two years. The cost of the gate automated locking system installed is $8,000. 2. An increase in the F.D.L.E. Grant awarded to the City for the Community Oriented Policing program of $11,205. This increases the amount approved for salary from $28,000 originally approved to $39,205 and is 100% funded by the grant. 3. To provide funding for police equipment for personal video recording with an estimated cost of $2,176 to be 100% funded by the grant. Please refer to an accompanying staff report prepared by the Police Department for the details of this grant. 4. To add $1,200 of additional funds to the budget for the video-taping of commission meetings. Upon the success of the newly installed video taping system, the City Commission desires to expand the number of meetings funded from 30 to 38 per year. This is intended to cover all scheduled commission meetings, workshops and special workshops. BUDGET: This ordinance will increase the City's expense budget by $22,581. The revenue budget will be increased by $13,381. The net impact on the budget is $9,200. RECOMMENDATION: Adopt Ordinance NO. 20-13-126 amending the 2013-14 Annual Operating Budget. ATTACHMENT: Ordinance NO. 20-13-126. REVIEWED BY CITY1vbwAG_E....,.B..._· --~iJIICi'-*-J _________ _ ~· ORDINANCE NO. 20-13-126 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7 A DECEMBER 9, 2013 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature ofbudgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, the City is amending the budget to add funds for the purchase and installation of an electronic locking system for the gate at Dutton Island Park, and WHEREAS, the City has determined that the video tape system recently installed works very well and now wants to expand its use by adding $1 ,200 to the budget to fund an additional eight meetings per year. WHEREAS, The City originally budgeted an estimate for the Florida Department of Law Enforcement Community Oriented Policing Grant (COPS) that was lower than what ultimately got approved. This ordinance increases the funding and expenses for the grant from $28,000 to $39,205, and WHEREAS, The Florida Department of Law Enforcement has recently allocated $2,176 in grant funds for the purchase of law enforcement equipment that was not originally budgeted for. This ordinance will create a budget for the use of those funds, and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2013/2014 Budget to be amended as follows: ro-J GENERAL FUND ro-J Expenses: City Administration Information Technology Operating Expenses - Parks and Recreation Park Maintenance Capital Outlay - Total Expenses: Fund Balance $1,200 8 000 $9.200 <$9.200> Revenues: Grant Proceeds Expenses: -FDLE JAG Grant-COPS FUND- Police Department Salary Total Expenses: Fund Balance: FDLE-JUSTICE ASSISTANCE GRANT Revenue: Grant Proceeds Expenses: Police Department Capital Equipment Total Expenses: Fund Balance: 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of 2013. AGENDA ITEM# 7A DECEMBER 9, 2013 $11,205 $11,205 $11.205 $0 $2,176 $2,176 $2,176 $0 Passed by the City Commission on second and final reading this __ day of 2013. Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk AGENDA ITEM: SUBMITTED BY: DATE: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 8B DECEMBER 9, 2013 AGENDA ITEM NO. ------------------- Land Development Code Section 24-163 Parking Recreational Vehicles in Residential Zoning Districts UPDATE Michael Griffin, CBO, CFM, Building and Zoning Director ~ December 01, 2013 STRATEGIC PLAN LINK: N/A BACKGROUND: This is in follow-up to the November 25, 2014 Commission Workshop related to parking boats and trailers in the front yard. As indicated in the November 19, 2014 Community Development Board meeting the board voted unanimously to recommend to the City Commission to keep the current regulations unchanged and to not allowed boats, trailers and recreational vehicles to be parked within fifteen (15) feet from the front property line in residential districts. A review of the statistics provided to the Community Development Board reveal that of the 21 boats found in violation, during a recent city wide survey, 13 could be relocated to be in compliance without changing the physical characteristics of the property. Of the eight boats that could not be relocated, staff estimates that fencing, trees or side yard setback of the existing structure would need to be altered. Side yard setback appeared an issue in approximately 4 cases. During the November 25, 2014 workshop the topic of variance was discussed to allow boats to be located within the required front yard. City Code Section 24-64 (c) (7) Variances states "Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances or for relief from situations created by the property owner." It appears that allowing a recreational vehicle within the required front yard would be a circumstance created by the property owner. A review of storage facility costs for recreational vehicles indicate a range from $75.00-$100.00 monthly for a space adequate for a 20 foot boat. BUDGET: No impact RECOMMENDATION: ATTACHMENTS: AGENDA ITEM# 8B DECEMBER 9, 20 13 Motion to accept the 19, 20 13 Community Board recommendation to keep the cutTent regulations regarding parking recreational vehicles in place. Or, amend the current ordinance to allow parking of a maximum 20 foot recreational vehicle in the front yard . November 19,2013 Community Developm ent Board draft minutes and staff report . REVIEWED BY CITY MANAGER: ~ I AGENDA ITEM: SUBMITTED BY: DATE: AGENDA ITEM# 8B DECEMBER 9, 2013 AGENDA ITEM NO. SB DATE: ____ ~1~2~·--~q~·--~'=·3~_ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Land Development Code Section 24-163 Parking Recreational Vehicles in Residential Zoning Districts Michael Griffin, CBO, CFM, Building and Zoning Director ~ November 20,2013 STRA TEGICPLAN LINK: N/ A BACKGROUND: At the November 19, 2013 Community Development Board meeting the board voted unanimously to support not changing the current recreational vehicle parking requirements within residential zoning districts. The board indicated the requirement should be kept in place as written so not to encourage additional parking of recreational vehicles within the required front yard setback. Attached is a copy of the November 1, 2013 Community Development Board staff report and the draft minutes of the November 19, 2013 meeting. BUDGET: RECOMMENDATION: ATTACHMENTS: No impact Motion to accept the November 19, 2013 Community Board recommendation to keep the current regulations regarding'parking recreational vehicles in place. November 19,2013 Community Development Board staff report and draft minutes of the meeting. City of Atlantic Beach Building and Zoning Department 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5800 Fax (904) 247-5805 www.coab.us Memorandum To: Community Development Board From: Michael Griffin, CBO, CFM Building and Zoning Director Date: November 1, 2013 AGENDA ITEM# 8B DECEMBER 9, 2013 Re: Land Development Code Section 24-163 Parking Recreational Vehicles in Residential Zoning Districts At the October 15, 2013 Community Development Board meeting the issue of parking recreational vehicles in residential districts was discussed. This item was deferred to the November 19, 2013 meeting to allow staff additional time to provide information related to the number of violations that have occurred, site boundary information related to street pavement and property lines and additional photographs of violations. As requested, below are statistics taken from a recent street survey of boats, trailers and campers parked throughout the City. Also, below is the number of violations reported on the monthly code enforcement report from September 2012 to October 2013. Attached is a copy of Sec. 24-163.- Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. Survey Conducted October 22, 2013 Boats in violation 21 Boats found in compliance 28 Trailers/Campers in violation 5 Trailer/Camper in compliance 9 (13 could be relocated on property to be in compliance) Vehicle violations related to boats/campers/trailers per monthly code enforcement report September 2012 -March 2013 -62 ( 9 average complaints per month) April 2013 -October 2013-73 ( 10 average complaints per month) AGENDA ITEM# 8B DECEMBER 9, 2013 (bj Recreatipnal vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicle,. boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is five thousand (5,000) square feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is required for storage or parking of any second recreational vehicle, boat or boat traifer, or other type of trailer. (2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall tie parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence should not excessively dominate the front of the lot.· (3) Recreational vehicles, travel trailers or motor homes shall not be ·inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential Lot for a period exceeding twenty-four (24) hours shall be owned by the occupant of said lot. (c) A junked or abandoned vehicle, or one that is inoperable, as defined within this Code, shall not be parked or stored in any zoning district. Further, mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors within any residential zoning district, except for minor maintenance or emergency repair lasting less than eight (8) hours and perforll)ed on a vehicle owned by the occupant of the residential property. (d) No materials, supplies, appliances or equipment·used or designed for use in commercial or industrial operations sha!! be stored in residential zoning districts, nor shalf any home appliances or interior home furnishings be stored outdoors in any residential zoning district. (e) The provisions of this section shall not apply to the storage or parking, on a temporary basis, of vehicles, materials, equipment or appliances to be used for or in connection with the construction of a ~uilding on the property, which has been approved In accordance with the terms of this chapter or to commercial or recreational vehicles· parked within completely enclosed buildings. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD November 19,2013 AGENDA ITEM# 8B DECEMBER 9, 2013 1. CALL TO ORDER.-6:06pm . . .......... . Chair Brea Paul verified the presence of a quqr~rnVviththe attendance ot Kelly Elmore, Harley Parkes, Patrick Stratton and Sylvia Sirnrrlons. Th~ t)'leeting was called to order at 6:06pm. Also present was the Bllilding and Zoning .·.Official, Michael Griffin, Redevelopment and Zoning Coordinator,Jeremy Hubsch and Rec;ording Secretary Jenny Walker. Kirk Hanson arrived at 7:00pm,Jaspn Burgess was absent. '• ,,:' .. 2. ADOPTION OF MEETING MIN(J'fES-Octoberi!J,2.~13. Brea Paul called for a motio~~~o ?pprove the n1inutes of the October 15, 2013 regular meeting. Kelly Elmore moved;Jhat minutes be approved as written. Patrick Stratton seconded the motion and it carried by a vote of 7-0. 3. OLD BUSINESS.None. 4. REPORTS. A~ Boa~ a,nd Trai~rs. Brea Pau.I .. asked for a vote by show of hands to take the · Agen~ ()Ut ofor~r and discus~ Boats and Trailers ahead of New Business based onJIJ.~ numb~J; of citizens in attendance to speak on this topic. Brea Paul statedthe.BoatS and Trailers Ordinance was discussed at the October 15th p.teeting and th~ Board ~ad asked staff for some additional details to include th~ actual num.l:J~r of violations that were actually present. Michael Griffin sp~Jt~.stating th~ IJoard asked for some site boundary information, some Code Enfo~¢~111ent illfq,rmation and staff did a survey of 80% of Atlantic Beach and found tb,a,t ~h~re were 21 boat violations, 13 of the violations could be relocatedollthe property and be found in compliance. 28 boats were found in compliance. Five trailers and campers were found in violation and 9 trailers and campers were found in compliance. On the Code Enforcement issues the City receives an average of 10 complaints per month for boats and trailers or recreational vehicles in the front yard Mr. Griffin refreshed the boards memory that Jacksonville, St. Augustine, Neptune Beach and St. Johns County have the same regulations of no boats or trailers in the front 20ft front yard setback. Jacksonville Beach allows one 20ft boat in the front yard setback. Atlantic Beach is less restrictive than Jacksonville, Neptune Beach, St. Augustine and St. Johns County by allowing the boat to be 15ft from the front property line. The Board also asked for some boundary information. Mr. Griffin showed a sample plat and stated that when plats are created houses generally have a 20ft front yard setback, anything beyond that 20ft setback is Page 1 of2 Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board AGENDA ITEM# 8B DECEMBER 9, 2013 in the right of way. He then showed several examples of compliant lots and noncompliant lots. Kelly Elmore questioned how long time wise can a boat or recreational vehicle be in the right of way before Code Enforcement will ticket it. Mr. Griffin responded stating Code Enforcement will leave a courtesy notice first and give the property owner a reasonable time to correct the problem. Mr. Elmore asked if the homeowner states that it is a visitor and it will be removed in a few days, Mr. Griffin indicated the City will work with them. The first public speaker was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because everyone in Atlantic Beach has different lot lines, he feels the only way the City can uniformly enforce the Boats and Trailers Ordinance is to change the wording on code section B2 from stating "15 ft setback from the lot line" to read "15ft setback from the paved street." He states that would put him in compliance. The second p~plic speaker was Michael Hampton, 651 Begonia Street. He stated soll1eone from ~he City came to his property yesterday and told him he could take down 2 trees on the lot and move his boat back and be in compliance. He said it is absurd for him to remove trees and that too many trees have beenremoved in Atlantic Beach already. He states again that "he will not remove his boat, the City can fine him all they want and he will not move his boat". The third speaker was Linda Spencer, 282 Magnolia Street. She <lgrees with hollJ.eowners having home rights but her neighbors have their boat parked right underneath her bedroom window. She is in favor of the Ordinance the way it . is. Final speaker was Chris Lambertson, 357 12th St. Mr. Lambertson believes the issues with boats and trailers started because of the Jack ()f code enforcement in the past. Mr. Lamb~rt:son believes that our codes <l.fe toolax for boats aesthetically and the noise factor and t.hat the City ~h(}uld increase the setback for boats, trailers and recreational vehicles. Kelly Elmore stated that this ordinance is in place for a reason and we (lo have the most lax ordinance compared to surrounding mmlicipalities. He feels the ordinance should be left just as it is. The ordin<tnce withholds the standard aesthetic throughout the City. Harley Parkes stated that he agrees with Mr. Elmore. Sylvia Simmons stated that she drove all over the City and was surprised at how few violations she saw. She doesn't think the Ordinance sho~ld be changed at alL Brea Paul says she concurs with all the other board members, we have the most lax code already. Kelly Elmore made a motion to keep the Boats and Trailers Ordinance as written in place, unaltered Harley Parkes seconded the motion and it carried by a unanimous vote of 6-0. The remaining items of this meeting will be completed at a later date. Page 2 of2