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Agenda Packet- November 28, 2011
CITY OF ATLANTIC BEACH CITY COMMISSION MEETING November 28, 2011, 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission Meeting of November 14, 2011. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report (City Manager) 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. 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. 8. Miscellaneous Business 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 3 rd Street. (City Manager) 1 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. (City Manager) 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. (City Manager) D. Police Department P Quarter Report (City Manager) E. Proposed Ordinance Amending Chapter 2 Administration Div. 2. Code Enforcement Board of the City Code. (City Manager) F. Report on Redevelopment and Zoning Coordinator (City Manager) G. Postpone the hiring of the Redevelopment and Zoning Coordinator (Commissioner Woods) H. City Government Organizational Review (Commissioner Woods) I. City Commission Meeting Time (Commissioner Woods) J. Selection of Mayor Pro Tempore (Mayor) K. Appoint Commissioner to the Board Member Review Committee (Mayor) 9. City Manager A. City Manager's Report 10. Reports and /or requests from City Commissioners and City Attorney A. Florida League of Cities Legislative Agenda (Mayor Borno) Adjournment 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, Wednesday, November 23, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING November 14, 2011 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno recognized former Mayors Lyman Fletcher, John Meserve, and Don Wolfson, former Mayor and Jacksonville Councilman for District 13 Bill Gulliford, former Commissioner Sylvia Simmons, Vice Mayor Kara Tucker and Mayor Harriet Pruette of Neptune Beach who were in the audience. Commissioner Parsons gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of October 24, 2011. Motion: Approve the minutes of the Regular Commission Meeting of October 24, 2011. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He recognized Bishop Percy Golden in the audience, welcomed the audience and explained the process for public comments. John November, 647 Beach Avenue, addressed the Commission stating he was here to promote MarshFest on Saturday, November 19, from 10:00 — 3:00. He stated he believes this will be the best MarshFest they have ever had and noted the various activities they will have this year, including a play, Woodrum the Woodstork, Prince of Tides. He further expressed his pride in the Tideviews, stating the ribbon cutting event gave him an over rushing of emotion and Tideviews will get more special over time. He also stated he looks forward to our new Commission, who he believes will do a great job leading them toward the future. He stated he is so happy the Commission tools the steps to do the master plan, but a plan is only as good as those who implement it. He stated we have to be creative, innovative and find ways to get the improvements paid for without it coming out of City dollars. He stated they need to go after grants and creative ways to raise money. Sally Clemens, 1638 Park Terrace West, asked the Commission why, in a City known for its restrictive sign language, did Atlantic Beach want so much verbosity on the already approved plaque for the sculpture, "In Search of Atlantis "? She stated the name of the artist and date seem more appropriate for this beautiful artwork. She also addressed Item 13B, stating although more study on the Police Station by a citizen committee as suggested by Commissioner Beckenbach is November 14 2011 REGULAR COMMISSION MEETING Page 2 reasonable she believes our City would be better served and have more diversity if each Commissioner appointed a citizen for the committee from his/her district. She further thanked Commissioners John Fletcher and Paul Parsons for giving their time and service to our community and welcomed the new Commissioners Maria Marl, and Marl, Beckenbach. She also stated for the Commissioners to continue speaking into their microphones would be appreciated by the audience. Mayor Harriett Pruette, 217% Magnolia Street, spoke on behalf of the Dial -A -Ride Board and thanked the Commission for making it possible to keep the Dial -A -Ride bus going for another year. She stated the donation was very nice and much appreciated. 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. City Manager Jim Hanson gave an update on the request for recycling containers to be put at beach access points, stating the Public Works Director has a staff report on the agenda tonight to talk about that. He stated the cost to pick up recycling with a separate truck route is more than the revenue from the sale and although paying more for recycling is a public value in terms of saving natural resources and landfill space, the question is whether they are willing to put more money into recycling and if so where would the money best be spent. He further reported on a prior complaint about storm drainage from a business owner on Mayport Road, stating the Public Works Director looked into this and realized both the adjacent lot and the lot of the owner , complaining had stormwater systems on them but neither were operating as permitted. He stated they both needed maintenance and Mr. Carper has advised both parties to fix their stormwater system which should solve the drainage problem. 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, the Utility Sales Report, and the List of New Business Tax Receipts for October 2011 and the Public Works and Utility Departments Project Status Report on November 2, 2011. B. Approve the Police union contract for October 1, 2011 through September 30, 2012. C. Approve the Local 630 Blue Collar union contract for the period October 1, 2011 through September 30, 2012. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B, and C as read. Moved by Parsons, Seconded by Fletcher. November 14, 2011 REGULAR COMMISSION MEETING Pag 3 Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 11 -27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING A FAIR SHARE OF THE FLEET'S DISTRIBUTION OF ASSETS TO NAVAL STATION MAYPORT Mayor Borno read Resolution No. 11 -27 by title. Motion: Approve Resolution No. 11 -27. Moved by Woods, Seconded by Daugherty Mayor Borno stated he requested this Resolution as a result of a request for our support from Mike Whalen to do what we could to get to the Department of Defense and other agencies to ask for fleet assets. He stated this Resolution is asking for a fair share of the fleet assets. He stated of all the Atlantic Fleet ships there are only 15 currently in Mayport and there are at least 170 -180 on the East Coast. He explained by asking for a fair share he is thinking about, not just carriers, but amphibs, tenders, supply ships, etc. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances None. 8. Miscellaneous Business A. Town Center Agency Proposal for Holiday Decorations — 3rd Year. Public Works Director Rick Carper explained this is the third year of the planned three -year improvement to the Town Center decorations, with minimal decorations being added this year. Motion: Authorize Staff to work with the TCA on holiday decoration options and the City Manager to approve decorations to be purchased for installation in the City Right -of -Way. Moved by Woods, Seconded by Daugherty Commissioner Daugherty asked for clarification on whether Atlantic Beach is supplying the power for the lighting in Town Center. Mr. Carper explained which portions of the lighting will November 14 2011 REGULAR COMMISSION MEETING Page 4 be supplied by Atlantic Beach but stated the majority of the lights being installed in this program will be powered from Neptune Beach. He stated the lights are LED lighting which is almost immeasurable. He stated the lifeguard chairs, surfboards and other decorations will essentially be in the same spots as last year. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. Public Hearing - Request from LA I Fitness for an exception to the height limit to accommodate an architectural element that exceeds the thirty -five (35) foot maximum height standard by three (3) feet on a property located within the Commercial General Zoning District at 985 Atlantic Boulevard. Erika Hall summarized her staff report explaining LA ( Fitness will move into the vacated Publix location and is requesting an exception to the height limit to add an architectural design element that exceeds the height limit by three feet. She stated Section 24 -156 of the Land Development Regulations allows the Commission to approve such elements. She stated the applicant was also here tonight. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve the requested exception to the thirty -five (35) foot maximum building height to allow the proposed architectural design element which would exceed the standard by three (3) feet, finding the projection is consistent with the conditions stated in Section 59 of the City Charter and provided in Section 24 -156 of the Land Development Regulations. Moved by Parsons, Seconded by Daugherty Commissioner Daugherty stated he believes this is a very nice upgrade and is excited about them coming in. He stated this is just an architectural element and it ties it in with the company's other locations around the country. He stated he sees no problem with the exception. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED C. Agreement with Chesser Island Road Landfill, Inc. for Disposal of Sludge. Public Utilities Director Donna Kaluzniak stated in order to give ourselves some options from the tipping fees proposed by Jacksonville, staff investigated nearby landfills to dispose of our sludge at a lower cost. She stated Chesser Island Road Landfill's tipping fees are about half of what Trailridge Landfill charges us. She stated there is an extra cost for getting it there because it is farther but even accounting for that it would save us almost $63,000 /year. She stated this agreement allows us to take our sludge to them but does not require us to take it there and will give us an option should we end up having to pay landfill tipping fees. November 14 2011 REGULAR COMMISSION MEETING Page 5 Motion: Approve the A14reement with Chesser Island Road Landfill, Inc. for and aut horize the City Manager to sign the Agreement. Moved by Woods, Seconded by Daugherty Commissioner Parsons asked if we have discussed with Neptune Beach about going in with us on this. Ms. Kaluzniak stated she has not spoken to either Neptune Beach or Jacksonville Beach about that, but she is sure Chesser Island Road Landfill would be happy to take their sludge as well as ours. Mayor Borno stated this was discussed with City Manager Jim Jarboe and he felt what they had for sludge was negligible to do this at this time. Commissioner Daugherty stated this gives us an option and saves our taxpayers a lot of money, while sending a clear message to Jacksonville that we are not a piggy bank and you can't raid us anytime you want to. He stated he would also like in the future for Atlantic Beach to combine our buying power with cities such as Neptune Beach and Jacksonville Beach to see if we can go together on some contracts, such as garbage, etc., to get a better deal. He thanked Ms. Kaluzniak stating she did a good job on this. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED D. Easement for City of Jacksonville Drainage. Ms. Kaluzniak explained this is a drainage pipe that has been in the ground for a number of years on the northwest edge of the Wastewater Treatment Plant No. 2 property. She stated it doesn't affect anything, but Jacksonville does need access to maintain it and asked if we would grant an easement. She stated she saw no problem with this request. Motion: Grant the easement to the City of Jacksonville for maintenance of existin dra inage and authorize the City Manager to sign the easement documents. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED E. Estimated Cost to Install Stamped Concrete Crosswalk at the Orchid Street Bike Path Crossing. Rick Casper summarized his staff report stating this was in response to a request made by Commissioner Daugherty. He stated he was given a quote of $4,600 for the stamped concrete crosswalk. He showed several slides of various crosswalks. He stated this amount is not currently in the Public Works budget. He stated to do a stamped asphalt crosswalk, as in Neptune Beach, would cost $1,50042,000, but it doesn't have the durability of stamped concrete. Discussion ensued. November 14, 2011 REGULAR COMMISSION MEETING Page 6 Commissioner Daugherty asked about the funds in the Gas Tax being used for this project. Mr. Carper stated the Commission would have to redirect the funds because the last direction was to use those funds for resurfacing. Discussion ensued. Motion: Install the stamped asphalt crosswalk at Orchid. Moved by Daugherty, Seconded by Woods Commissioner Woods asked if they would want to add more crosswalks like this. Mr. Carper stated this is the only mid - block crossing. Commissioner Fletcher stated, regarding the funds available in the local option gas tax enterprise fund, there is a consensus that the cost of oil is going up over the next six months or so which will drive the cost of asphalt up. He stated he believes Mr. Carper's budget will get a lot tighter as a result of that. Mr. Carper stated his intent on the resurfacing is to get some core borings on Selva Marina Drive which is the bulls of this year's project and then do the resurfacing project in January or February. Commissioner Fletcher stated he would like to put this off to be voted on by the next Commission, so as not to encumber the future Commission with this sort of change to our strategic planning. Commissioner Parsons agreed with Commissioner Fletcher. He would like to direct staff to get more bids and defer until the next Commission meets. Commissioners Daugherty agreed and withdrew his motion. Commissioner Woods withdrew her second. Consensus was to direct staff to research and get bids for the stamped asphalt crosswalk. F. Response to Request for City to offer Recycling at Beach Accesses. Rick Carper summarized his staff report, explaining the issues involved with the contamination of the recycle bins. He showed slides of the recycling currently in use. Mr. Hanson further explained not only are we paying a hauler to pick the recycling up in the public areas, we are also paying per can/bottle a lot more for our own staff to have to sort it by hand, so the cost of recycling this is a lot higher. He stated if the Commission wanted to put more money into recycling, either advertising to encourage more recycling at home or some other similar effort would get more bang for the buck than paying someone to hand sort the recycling. Commissioner Fletcher stated he was in favor of leaving this alone and delaying action until the new Commission takes office. Commissioner Parsons agreed. Commissioner Daugherty stated there is a company in Jacksonville who does the sorting and they want to put a bid in for the entire City for residential and trash pickup. He stated the new Commission should look at having a waste provider that does the sorting. Commissioner Wood thanked Mr. Carper for the information. Mayor Borno stated they would leave this alone for now. November 14 2011 REGULAR COMMISSION MEETING Pate 7 G. Approval of JAG grant for police equipment purchase. Chief Mike Classey explained Item 8G and 8H are linked together so he would discuss them at the same time. He stated they are both sources of funding and one of the pieces of equipment that is being recommended for purchase cannot be purchased by either fund alone. He explained the Justice Assistance Grant, stating they received notification they were approved for $3,822 to purchase law enforcement equipment. He then explained the forfeiture funds. He explained the equipment identified for purchase would be a covert camera system for the CSU unit, at a cost of $8,225 and a DVR recording system for the camera at Tideviews Park, which will use all of the JAG funds and the forfeiture funds. He stated he was requesting the Commission's approval to make the application for the JAG grant and for approval to expend the forfeiture funds. Motion: Authorize the Mayor to sisn the related paperwork for the application and the subsequent paperwork related to the JAG grant, and authorize Michael D. Classey to submit the application on line and have the authorization to electronically sign the on -line application on behalf of the Mayor and the City. Moved by Woods, Seconded by Fletcher Commissioner Woods stated she understands there are some administrative costs associated with all of the grants and they don't see those costs in the reports. She asked that the hidden costs associated with grants be added in the future so they can see how the budget is completely affected. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED H. Forfeiture Funds. Motion: Approve expenditure of $6,000 of forfeiture funds for equipment purchases as described above. Moved by Daugherty, Seconded by Fletcher. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on the latest police deployment for alcohol sales to minors stating of 26 businesses checked, 4 sold alcohol to minors, one of which, Safari Food Store on Mayport Road, has had two other prior violations. He reported on a notice of suit from a bicycle accident whereby a bicyclist ran into a City truck driven by an Atlantic Beach employee at the intersection of Assisi Lane and Mayport Road. He stated this has been turned over to the insurance company. November 14, 2011 REGULAR COMMISSION MEETING Page 8 10. Reports and /or requests from City Commissioners and City Attorney City Clerk Bartle • Stated it been a pleasure working with Commissioners Parsons and Fletcher. Commissioner Daugherty • Stated he feels very strongly about the crosswalk on Orchid, stating it will also tie that community in to the rest of Atlantic Beach. • Stated Commissioner Fletcher is a brilliant man. He stated the one statement Commissioner Fletcher made that he will always remember is "to a roan with a hammer everything looks like a nail ". He stated it has been a pleasure and an honor to serve with him. • Stated he has enjoyed sitting next to Commissioner Parsons and appreciates his service. He stated Commissioner Parsons has left a mark on this City; he appreciates the patience he has had with him and he will be missed. Commissioner Woods • Stated although they haven't always seen eye to eye, she believes they have both done what they thought was right and have worked hard for the City through the years. She stated everyone appreciates their service. Commissioner Parsons • Thanked everyone. • Stated when the St. Johns River Water Management required the berms and retentions to save the water on people's yards, he wished there was some way to give back to the citizens who have been out of pocket so much money for the retentions and berms they had to put in. He would like the Commission to come up with some kind of a swap out for tree mitigation or something, so as not to give them the hardship of what the City /St. Johns River Water Management put them through. He stated he will speak with the new Commission about this. • Thanked the citizens for allowing him to serve. He wished the new Commissioners the best of luck and hopes they always make their decisions with an open mind, even if it hurts. He thanked them both for running an honest campaign that didn't separate neighbors. • Thanked staff for their help. He stated he made a lot of friends and especially wanted to thank those he worked closely with, Yvonne Calverley, Nancy Bailey, Donna Bartle, David Thompson, Alan Jensen, and Jim Hanson. • Stated he has learned a lot from his fellow Commissioners and believes he has never made a decision that he didn't feel was a right decision for the City. • Thanked his wife, Tracie, stating she has been his sounding board and his best friend through all these years. Commissioner Fletcher • Stated he had no prepared remarks and he hates goodbyes. • Stated he has enjoyed working with Commissioner Woods, Mayors Meserve and Borno, Commissioners Parsons and Daugherty. November 14 2011 REGULAR COMMISSION MEETING Paae 9 ® Giving advice to Commissioners Beckenbach and Mark, he stated there is the pre - election public servant and the post - election public servant and that transition you go through is acquiring knowledge you were not privy to prior to actually getting into office and it changes you. He stated you become a different person on the other side than you thought you were going to be going in. He believes they will experience some growth and wind up understanding and knowing exactly what he is talking about. ® Thanked Donna Bartle, stating he has enjoyed working with her and Nancy Bailey and everybody in her office. ® Stated he has always enjoyed working with Alan Jensen. ® Stated the staff Jim Hanson has put together since he got here in 1999 along with his stewardship have made an incredible difference and shows the leadership of Jim as a City Manager. City Attorney Alan Jensen ® Stated it has been a pleasure working with Commissioner Fletcher and he has enjoyed their many discussions. He thanked him and stated he appreciated his service to the City. ® Stated he has also enjoyed his conversations with Commissioner Parsons over the years and appreciates his service to the City. Mayor Borno ® Stated he will miss both Commissioner Fletcher and Commissioner Parsons and welcomed the new Commissioners. He stated they will enjoy it, but there is a learning curve. He recognized and thanked his wife, Pat, in the audience, stating this December he will have been married 52 years. There being no further discussion, the Mayor declared the meeting of the retiring Commission adjourned at 7:07 p.m. November 14, 2011 REGULAR COMMISSION MEETING Palze 10 OATH OF OFFICE FOR SEATS 1, 2, AND 3: ® Maria Mark- Commissioner Seat 2 ® Mark Beckenbach - Commissioner Seat 3 ® Mike Borno- Mayor - Commissioner Seat 1 City Clerk Bartle administered the Oath of Office to Maria Mark (Commissioner Seat 2), Mark Beckenbach (Commissioner Seat 3) and Mike Borno (Mayor /Commissioner Seat 1). The signed Oaths of Office are attached and made part of this official record as Attachment A. MINUTES OF THE MEETING OF THE NEW CITY COMMISSION OF THE CITY OF ATLANTIC BEACH IN ATTENDANCE: Mayor Mike Borno City Manager Jim Hanson Commissioner Mark Beckenbach City Attorney Alan C. Jensen Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Maria Mark Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order of New Commission: The meeting of the new Commission was called to order by Mayor Borno at 7:21 p.m. He welcomed the new Commissioners and stated he looked forward to working with them as a team. 11. Recognition of Outgoing Commissioners Mayor Borno presented Commissioners Parsons and Fletcher with a token of appreciation on behalf of the City and citizens of Atlantic Beach, stating they have both been great friends and have given great service to the City. John Meserve, former Mayor of Atlantic Beach, stated this past Commission has done wonderful work. He stated he had the privilege of serving with everyone who was on the Commission. He called Commissioner Fletcher the Newt Gingrich of the Commission. He stated he had the privilege for eight years of calling Commissioner Parsons out of order every week. He stated Mayor Borno is the last one standing here who knows squat about squat. He thanked each of them for their service. Mayor Borno explained what squat was. Bill Gulliford, 75 Beach Avenue, thanked Commissioners Fletcher and Parsons for their commitment. He stated he came tonight to show his full support to the new Commission. He stated they have a number of issues between the City of Jacksonville, Duval County, and Atlantic Beach, including the tipping fees. He stated although he went down in flames on a vote on that issue, he was encouraged that the vote was 11 -8, so all they have to do is turn 2 more. He stated he is the Chair of the Recreation, Community Development, Public Health and Safety Committee and is thinking of making the relationship between the beaches and the City of Jacksonville a topic of study for their committee after the first of the year. He stated he hopes they will be willing to participate. He stated they have now redrawn District 13 to include Mayport and the entire barrier island along with a little stretch across the Intracoastal Waterway on the opposite south part of November 14, 2011 REGULAR COMMISSION MEETING P al4e 11 Jacksonville Beach. He stated he will be holding Town Meetings, one being on Thursday night in the in -town portion of District 13, and hopes to have one at the beach very soon. He encourages everyone to participate and stated he is available to everyone collectively and individually and anything he can do to assist them in the duties of their office as well as in serving them as a representative of the county. He congratulated Commissioners Marl-, and Beckenbach, stating they ran very good campaigns and he applauded them for their commitment to service. Tracie Parsons, 1970 Mipaula Ct., thanked her husband, Paul, for serving Atlantic Beach for the 8 years that he did, stating he has never made a decision that has benefited him in anyway, personally, or financially. She stated it is not in his DNA to lie or take advantage of any situation at any time. She stated he has studied the agenda, talked to people, looked at the City's financial statements and operating procedures and has made valid decisions every time to benefit the City of Atlantic Beach. She pointed out several things that he has done for the City. She stated she believes he has done a fabulous job and knows he will continue to watch over the City. 12. Action on Ordinances A. ORDINANCE NO. 20-11-112 - Introduction and First 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 Mark, Seconded by Beckenbach Finance Director Nelson Van Liere explained every year after they close the books, the Accounting Department spends time putting all the final adjustments together. He stated the State allows 60 days for final adjustments to the budget. He stated this Ordinance was for the one final entry to adjust last year's budget, which included deductibles for a few law suits and general and police pension fund overruns, administrative expenses and retirement benefits. Mr. Van Liere answered questions from the Commission and further explained the adjustments. Discussion ensued. Commissioner Daugherty stated the City has a pension plan and insurance plan that is very generous. He encouraged Commissioners Mark and Beckenbach to sit down with George Foster and learn as much as they can and hopefully they can have a workshop soon. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 13. Miscellaneous Business A. Approve locations for Town Hall meetings. November 14 2011 REGULAR COMMISSION MEETING Page 12 Motion: Schedule four town hall meetings, one per each Saturday in the mo nth of January 2012 to collect citizen input in preparation for the Commission's Strategic Planning Workshops scheduled for the end of February /beginning of Ma rch. Moved by Mark, Seconded by Daugherty Commissioner Woods stated she believes this is a good idea. Mayor Borno stated he understands what Commissioner Mark wants to do but instead of tying up four Saturdays he suggested having the meetings by districts all on the same Saturday led by each district Commissioner. Commissioner Mark explained her reasoning for having the proposed Town Hall meetings on different Saturdays would be to allow one for each district at each community center and one here in the Chamber. She stated this would give the citizens an opportunity to attend at least one of the four if they are not available on the one day it might be scheduled in their district. She stated it would also allow the Commissioners to attend all four of the Town Hall meetings, thus getting input city -wide as opposed to just their district. She stated her plan would be to have input from citizens, allowing the Commissioners to take away from each of those meetings a kind of wish list, broken down by issues, i.e. safety, amenities, transportation, etc., which would give them a working document at the Strategic Planning Workshops. Commissioner Daugherty stated he supports this and believes the timing is good. Commissioner Beckenbach stated this is an excellent idea. He stated now it is the citizens who will have to show up and tell their Commissioner what they should be saying at Strategic Planning meetings. Commissioner Daugherty asked that a notice be put on the website and publicize it in the newspaper as well. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Woods stated she believes they should hold off hiring an Economic Development Director until after Strategic Planning so they can set the goals and objectives for the position and then hire the individual best suited to help us fill them, instead of hiring the individual and then coming up with what we want them to do. Secondly, she stated they have a LNF intern working on a thesis project who is looking at the economic development impact of the nuclear carrier at Mayport and it would be nice to have that information before they hire this person to work on these goals. She stated it would also be good to undergo an operational and organizational assessment and analysis of the City's organization, as suggested by Commissioner Daugherty, to look at how the City functions as an organization, and what our staff capabilities are. She stated she believes we have some talented people on staff who may be able to fill this position. She also stated money is a big issue because we have a big budget and pension issues that we need to sort out before we add another $100,000+ position to our payroll and pension obligations. She believes there are a lot of things to look at before putting this person in place and asked for consensus that we hold off on that and bring it up as an agenda item on the next meeting. Nov ember 14 2011 REGULAR COMMISSION MEETING Page 13 It was the consensus to put this on the agenda for the next meeting. Commissioner Daugherty clarified that what he asked staff for was what Atlantic Beach would look like if certain position were eliminated or restructured. He stated he believes Commissioner Woods' comments are valid and Strategic Planning is a good time to figure out what positions we need and agreed we should hold off until then. Mayor Borno pointed out this position has already been advertised and the Commission should be careful where they delve into this because staff comes under the City Manager and they should not get into the micromanaging of staff. Commissioner Woods stated it was more of a policy process on the organization of the government and believes it is well within their realm to do an organizational study to help guide them. She stated pension is the biggest issue they have to look at and if they can't take a hard, honest look at themselves as an organization and see how they can tighten up and focus better in areas they need to, they will never be able to solve these problems. Mayor Borno stated he understands and the study is reasonable. He stated it needs to be discussed with the City Manager who will be the one who will give us guidance as we work on this. B. Discussion of proposed Police Building and creation of Police Building Task Force. Mayor Borno stated before deciding what steps to take in resolving the Police Building needs, they need to understand how they got here. He stated the problem has been looked at over several years by several Commissioners and they have spent several hundred thousand dollars. He stated we now have two new Commissioners who have not yet been made aware of that background and he believes they should take the time to review this in a workshop before deciding any other steps. He stated he appreciated Commissioner Beckenbach's suggestion but believes it would be smarter to defer the action tonight and go for a workshop. Commissioner Beckenbach stated he understands but saw a pre -bid that was sent out saying that the City of Atlantic Beach was going to be looking at building a large building and he is concerned. Mayor Borno stated he had no knowledge of this. Motion: Defer until they can workshop this it Moved by Borno, Seconded by Daugherty Assistant City Manager David Thompson explained he has not sent anything out asking anyone for bids, or anything of that nature. He stated they have done nothing as far as bid specs, etc., but many are aware because part of what our architects did was prepare a set of bid specs. He stated beyond that they have done nothing and have not initiated anything as far as asking for anything from anybody at this point. He stated they have put this on hold until this Commission is up to speed and can make decisions on where they want to go. He reiterated they are not actively pursuing anything right now until they get directions specifically from the Commission. Commissioner Woods stated she believes they would be doing a disservice to postpone. She stated this was a major campaign issue for Mark Beckenbach and he got overwhelming support on this issue and she believes this is really what the people want. Commissioner Daugherty stated Commissioner Woods just said she believes everybody is in agreement that we need a new building. Commissioner Woods stated she believes most people are. Commissioner Daugherty pointed out that in paragraph #2, it states the task force will be November 14, 2011 REGULAR COMMISSION MEETING Page 14 assigned to expand the current facility; it is not looking at a new building. Commissioner Woods stated that is the same concept, we need to improve what is there now or build new. She stated with postponing, when we are coming into the holiday season, it just gets further delayed. Commissioner Mark agreed they need a workshop, given the fact that she and Commissioner Beckenbach are new and were not involved in all the nuances that led to this major project. She stated she still believes Commissioner Beckenbach should have some comment since it was his motion originally to bring this subject up. Commissioner Beckenbach explained he has been to the workshop and budget meeting for the police building and in both cases what he heard was that we are in need of a 14,000 s.f. building for this size town of approximately 13,000 people. He stated during his campaign he found that one of the stickiest points throughout the meet and greets was the fact that there was going to be a $4.5 million, 14,000 s.f. building instead of a renovation. He stated after walking through the current building and talking to Chief Classey he believes they should give the citizens the opportunity to have a committee and find out what the needs are. He stated his thoughts were to put this on hold, have the citizen committee that he has selected, and then come back in six months and go forward. Mayor Borno stated he understood what Commissioner Beckenbach was doing which is why he felt so strongly about making a motion to defer so they could workshop this. He stated a lot of what he is discussing will come up in that and then if they choose they can work from there towards a committee. Discussion ensued and a vote was taken on the deferral. Votes: Aye: 3 — Borno, Daugherty, Mark Nay: 2 — Beckenbach, Woods MOTION CARRIED Mr. Hanson stated staff will call the Commissioners for their availability to set up the workshop. 14. Comments from Mayor and Commissioners Commissioner Daugherty • Assured the Commission and public that no more money will be spent on the Police Building until after the workshop phase. • Welcomed Commissioners Mark and Beckenbach. He stated this election spoke to him very deeply and pointed out that 13S made the difference in their election. Commissioner Mark • Thanked Paul and John for their service to the community, stating they are to be commended for their leadership and professionalism as our elected officials and wished them the best of luck in the future. • Thanked the citizens for their support during the election and stated she looks forward to their participation and involvement as this new Commission moves forward. • Thanked her family, Bob and Garrett and her Mom, and her friends. • Looking forward to serving the next four years and to what they can accomplish together. November 14, 2011 REGULAR COMMISSION MEETING Page 15 • Assured all that the decision she will make may not be popular but will be based on careful consideration of all sides of the issues. She stated they were elected to represent all of the citizens of Atlantic Beach and it will be her goal to ensure that all voices are heard and represented to the best of her ability. Commissioner Beckenbach • Thanked everyone for coming this evening and those who supported him in his campaign. • Thanked Paul Parsons for being the gentleman he was during the campaign. • Recognized his mother, father and wife who were in the audience and thanked them for their support. • Looking forward to being a public servant of the citizenry of Atlantic Beach. Commissioner Woods • Welcome aboard. City Attorney Jensen • Welcomed the new Commissioners, stating he looked forward to working with them both. Mayor Borno • Finding the middle ground is the most important thing sometimes. • Needs a workshop on pensions before the 10"' of December and staff will be calling them. • Welcomed the new Commissioners aboard and looked forward to them being able to work as a team. He stated that does not mean they will agree with each other about everything. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:23 p.m. Mike Borno Mayor /Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk � • fir' �'�� } -l' ' I I �� F + slaw JAL bN ►` X , . h ! I -- ySy I !&� 1 I :, 8: iF ..,. .1 1 pr Al now— — .1 Y'Ai•h{, �� +r �'4�14+Ys�� "�r= ,1}�4,. �-s � " �.r� .,'G�f —__ �. +■ I� � } — r�7 -r °:T� µ 4��y }Fi .nF7r`?"' .. —,. ;F �yy]lx` �� . . [Y]I'YJtiSC' 'r�fN.+W_rYMY�t�� _ l�i � -.• _ '�� I' SEIM s� } (`• � f i I r { q 'r°.. a� f 1 k �: �' �r; 3fd.. fi��, en�i�r� +.��r��'r-�,- rjroe�a 5 1 �1 • �' - 41 f����������}}�'�S `i l� i" f. �.} - k S ' �.; : T; y }fi Av ''S ?i 1 s 4 Y , i J 6L i 1 :y A��dn�r yl Y�i.d J' s- i'. Sn \W.{*�;�, i. \'�. } y 7 i� Y _ —1 [ 25• _ .. Yl+ kM3f'♦ 3 ,fir. • [ • - p � � •fit_�.'4Geasti�n}..�r�il S_*��1.`�i.Ffy��.1+��stb• �! IL�#�:'� � �r -� ��I � H�4tl1f .C'f`�'- ' - - L'Jtl'[43Y:1��_ MEM a -.MI I + � rsI.►rn In 11 71. 11, 7 7111 � r AGENDA ITEM # 7A NOVEMBER 28, 2011 ORDINANCE NO. 20 -11 -112 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. 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 at the department level for transfers within the General Fund, and WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such budgetary systems require adjustments from time -to -time, and WHEREAS, the City has up to sixty days following the end of the fiscal year to adjust the budget to remain in budgetary compliance, and WHEREAS, it has been the City's standard procedure to accumulate small budgetary items until such time to make a multi - purpose adjustment, rather than to do numerous single item budget adjustments. This adjust will fund the excess legal fees resulting from paying insurance deductibles on three suits against the City including the Estates of Atlantic Beach suit and two police related matters. This adjustment also addresses the insufficient funds in the pension plans for extra actuary work, investment fees and additional retiree benefit payments including DROP payouts that were under budgeted. 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 2010/2011 Budget be amended as follows: GENERAL FUND Expenses: City Attorney Professional Services $22,000 General Government Repair and Maintenance <10,000> Police Department Patrol Salary and Benefits <12,000> Total Expenses: $0 Fund Balance: $0 AGENDA ITEM # 7A NOVEMBER 28, 2011 GENERAL EMPLOYEE PENSION TRUST FUND Expenses: Administrative Expenses $44,500 Retirement Benefits 101,000 Total Expenses: $145,500 Fund Balance: $ <145,500> POLICE EMPLOYEE PENSION TRUST FUND Expenses: Administrative Expenses $16,000 Retirement Benefits 31,000 Total Expenses: 47,000 Fund Balance: $ <47,000> 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 14th day of November, 2011. Passed by the City Commission on second and final reading this day of November, 2011. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire Donna L. Bartle, CMC City Attorney City Clerk Ordinance No. 20 -11 -112 Page 2 of 2 AGENDA ITEM # 8A NOVEMBER 28, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 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 3 Street. SUBMITTED BY: Erika Hall Principal Planner (f,� DATE: November 16, 2011 1/ BACKGROUND: As part of the zoning/use review for a local business tax receipt, applicant Connie Craven was notified that her proposed business qualified as a Home Occupation and required an approved Use -by- Exception before zoning approval could be granted. Ms. Craven promptly completed the required application, which was in turn processed and forwarded to the Community Development Board for review. The Board, at the November 15, 2011 meeting, found that Ms. Craven had sufficiently addressed the review criteria of Section 24- 63(d), and voted unanimously to recommend approval of her request to the City Commission. RECOMMENDATION: Approve UBE- 2011 -04 (11- 00100063) permitting a Home Occupation, as requested by the applicant and recommended by the Community Development Board. ATTACHMENTS: UBE- 2011 -04 (11- 00100063) application. Draft minutes of the November 15, 2011 CDB meeting. BUDGET: No budget issues. REVIEWED BY CITY NAGER: November 28, 2011 regular meeting AGENDA ITEM # 8A NOVEMBER 28, 2011 APPLICATION FOR A USE-BY-EXCEPTION S) City of Atlantic Beach • 800 Seminole Road - Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5826 - FAX (904) 247 -5845 • http: / /www.coab.us Date �� /� �° File No. 1 ' 00 1 QC0 (0,3 /re ceipt 1. Applicant's Name W N' IV t G 0 . (�F, 2. Applicant's Address 3 3R'6 S 1 3 3. Property Location 393 4. Property Appraiser's Real Estate Number ���Q L D Block No. Lot No. - � 3� 5. Current Zoning Classification R s - A 6. Comprehensive Plan Future Land Use designation 7. Requested Use -by- Exception A - w , �o r t ii, —Am o l &F Ha a'i'l E O C Z-Lkp a4L o 4t] Foe= ms rbm i -PwA rc i (I es 16/ J - ) {Y Sp Lb V t a f 86-V 5I 8. Size of Parcel 455 < X 7 0 1 9. Utility Provider �Efl 10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with Section 24 -63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of tho "ng information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and /or proposed driveways. Ideqottany existing structures and uses. V6. Proof of ownership (teed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. ✓c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. ffwo (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH TERS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Signature(s): ADDRESS AND CONTACT IN TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: i �lJ1J�� G 6efque �" Mailing Address: ��� r`� i�TIC`r BF� 1 —c_.•P Phnnp! FAX! F -mail 1— 00 1 ODO (0 3 AGENDA ITEM # 8A NOVEMBER 28, 201 1 EXHIBIT A The review of an application for a Use -by- Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. 60 thb/1 STkU -QZd-C-5 f NO AMI770 (-- s `s t U p ly,e Z)E Ve P-Eb WA ) P t wileq. L=Z UL C- Ul f Nb/�Merf- US( Ut L ;/ - X. Jl Chi 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. �Uo P�NLf<IN /S F&2 6" dt-� AJ L� 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception being requested. g 4bvF sew ( mp A-tz —1 Aw t N t L - K 1`ll CS - Auc.- 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; rt 5. Utilities, with reference to locations, availability and compatibility; 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. No i nk 1 I ��D -- P LL_ A'�l U t T1 L� tftg E 0 N eb ] t 1I -1-7f ( n.6 �t1.1 c` L L - til CI . 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in t e District; (See Signs and Advertising, Chapter 17.) D sl rJ S Q 4r l ( (S UL t2 (_g 8. Required Yards and other Open S Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. /$V (fl 774Z J ► t �� JAJ Other information you may wish t provide: Du e &>R DDl1' IN /)VV H6 (y G 15 6t—`-� s J � s e _ - Pa`2��r� Xr6 Na �! o� /��1 �sL-s �o ►�► 0 t T7214t � N ©� 'E= r u2 �C cLZ c Mv-7T� CAJC &�, AGENDA ITEM # 8A NOVEMBER 28, 2011 beadsbytheC — Connie Craven Artist Statement: I attend numerous bead, button, gem and lapidary shows each year in search of the highest quality beads and silver findings (crimp tubes, covers, beads and clasps) to ensure my jewelry is unique and affordable. Once a focal bead is selected, a lot of time is spent hand- picking beads of contrasting and/or complimentary colors, appropriate sizes, elements to add textures, and clasps to create a beautiful closing. I add two inches to the finished length of the necklace to allow for crimping and cut the beading wire to start stringing the beads and components. Sterling silver crimp tubes are crimped with a crimping plier securing the clasp to the beading wire; a hard tug to the clasp assures the crimp holds. Crimp covers provide a finished look to the piece. I usually include a Sterling silver round charm with a "C" to brand my piece and then follow with Swarovski crystals to add sparkle. Beads are then checked for cracks or chips before being strung in the order of the design. The design could consist of glass, crystal, silver, Lucite or gemstone or a mix of all of these elements for interest. I enjoy creating most of the designs, but I also read magazines and catalogs and surf the web for ideas. Before I close the final crimp tube, I ensure the strand is tight and the design is appealing. I try on each piece to ensure the beads fall at the right length, the clasp holds, and the design is comfortable. After photographing the jewelry, I label it as to length, materials and price and place it in a zip lock bag with an anti - tarnish strip. I write a description of the item and upload it and the photograph to my eBay store. I have been beading for four years as a hobby and have done home and business shows in addition to an eBay store. My studio is in a smoke -free environment and I buy nickel- /lead -free products. uee- co t e AGENDA ITEM # 8A NOVEMBER 28, 20I1 MAP WINO BOUNDARY SURVEY OF A PART OF LOTS 32 AND 34, BLOCK 5, PLAT NO. 1 ATLANTIC BE '- SUBDIVISION "A" AS AC:' AND BE N IN PLAT BOOK 5, PAGE 69, OF THE CURRENT PUBLIC RECORDS.-,.OF DUVAL COUNTY, FLQR"IDA, AND IG''•., MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF'iYERENCE, COMMENCE AT- THE:.INTER SECTION OF THE EASTERLY RIGHT OF WAY LINE OF SHERRY DRIVE - (FQRMERbY OL_D SHERRY llRIVE, A 60 FOOT RIGHT OF WAY) WITH THE NORTH RIGHT OF WAY LINE OF THIRD STREET (A 40 FOOT OF WAY); THENCE NORTH 83 DEGREES 42 MINUTES OO SECONDS EAST ALONG SAID NORTH RIGHT OF LINE OF THIRD THNCE NOR 06 DGES STREET, A DISTANCE OF 43.00 FEET TO THE �POINT O INE r OF 3AID�LOT A DISTANCEEOFE70.00 FEET; MINUTES.00 SECONDS WEST, PARALLEL TO THE EAST THENCE NORTH 83 DEGREES 42 MINUTES 00 SECONDS EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 06 DEGREES 18 MINUTES 00 SECONDS EAST, PARALLEL TO THE EAST LINE OF SAID LOT 34, A DISTANCE OF 70.00 FEET TO THE N R OF WAYRLINE,�ATDISTANCE OF 83-DEGREES 42 MINUTES 0 45.00 FEET TO THE POINT OF BEGINNING. CERTIFIED TO: MICHAEL L. STEVENS, CONNIE G. CRAVEN, FIRST AMERICAN TITLE INSURANCE COMPANY AND SEARS MORTGAGE CORPORATION 31 2 33 31 �_ �T So — 32 30 —'— 34 32 N-03 / " /P. ; lr d . Conic; ,up $TORY � O vi oo P -9T�o. z i �� OY6R O/RT ��v I�f.N i °o M vv �44 �. F -eAME m W . V Alo. 37-3 O O 47' d I K`' U 0,.n LINE n/ .3 �f2 ` 00 .E n NoRTH64G .G' /h� Z BEG /NN /it/ �� Tom R 5 7 EE 7 f i l AGENDA ITEM # 8A Draft Minutes of the November 15, 2011 regular meeting of the Communih Development Board NOVEMBER 28, 2011 { I fJ d � A �r •'i4. i � { y y.r is L yy 2 3 MINUTES OF THE REGULAR MEETING OF THE 4 COMMUNITY DEVELOPMENT WARD z.,a. 5 November 15, 6 1. CALL TO ORDER. — 6.02pm 7 Chairman Chris Lambertson verified presence of a qq6 —rum fth,the attendance of Kelly Elmore, 8 Kirk Hansen, Chris Lambertson (chair), Brp ' =,,P;�nl, and Patrt ,Stratton. Blaine Adams and 9 Harley Parkes were absent. Also in attendance:were Principal Pl'gr Erika Hall and Building 10 Official Michael Griffin. 11 2. ADOPTION OF MEETING MINUTES" - � SPT�R 20, 2011 12 Mr. Lambertson called for a motion to approve Off the September ZG,O11 meeting. 13 MOTION: Mr. Hansen movet� �o ppr, and adopt the minutes of the September 20, 2011 14 meeting, as written. Seconded by M s',, Paul, t motion ca"" 5 -0. 15 3. RECOGNITION.O VISITORS 16 Ms. Hall intro dued' "Board members tp iMr , Cason burgess who was in attendance and was 17 recently apporrttd to the Bold with a term be;irning in rarivary 2012. 18 4. OLD BUSINESS 1pne, `., r , X, 19 5 N ),'W Y3 CYSI W 20 A, UBE- 2011 -00: , :0063 21 APPLICANT ,Connive Gtaven 22 DRESS: 3r d Street;;>, u 23 ST: Hone Occ' ation Artist /Jewel Designer & Internet Sales ) IS ( ry g 24 25 Ms. Ha11oduced tYi }item, explaining that Ms. Craven is requesting aUse -by- Exception 26 granting app' , al ` �' Home Occupation consistent with Section 24- 106(c)(4), and in 27 accordance wtt::;thsrovisions of Section 24 -159, permitting professional artistic services 28 together with desxri`'and crafts activities associated with beading and jewelry making, not 29 involving equipment other than normal business office machines, within a single - family 30 dwelling located on a property in the Residential Single Family (RS -2) Zoning District at 393 31 3 Street. She noted that Ms. Craven was unable to attend this meeting due to a previously 32 scheduled event; however, she did provide a copy of her artist's statement to explain her work 33 process and a link to her eBay website to show the finished products. 34 Ms. Hall continued that Ms. Craven had sufficiently addressed all review criteria of Section 35 24 -63(d) on her application, noting that there is no need for additional structures, additional 36 ingress /egress, additional parking or loading areas, additional or special refuse or trash 37 collection, additional utilities, additional yards open space or special screening/buffering, 38 signs, or exterior lighting, because all activities, including storage of materials and finished Pagel of 4 AGENDA ITEM # 8A NOVEMBER 28, 2011 Draft Minutes of the November 15, 2011 regular meeting of the Community Development Board 39 jewelry products, will be completely within one bedroom of the existing dwelling. A 40 computer, digital camera and scanner /printer are to be used in the marketing and sales of the 41 products through Ms. Craven's online eBay store, while delivery of supplies and shipment of 42 orders will be via standard USPS service. 43 Mr. Elmore commented that this appeared to be a clear -cut case in which the requested 44 activities have already been deemed as acceptable by the provisions of Section 24 -159, and 45 that this Board's review is merely a procedural requirement. Mr. Lambertson opened to the 46 floor to public comment, and with there being none, closed that portion of the hearing and 47 brought the item back before the Board for further dis"�{�n. With no additional discussion, 48 he called for a motion. 49 MOTION: Mr. Elmore moved that the Board. to the City Commission approval 50 of UBE -2011 - 00100063 permitting a Ho , Occupation r professional artistic services 51 together with design and crafts activities associated with Ffeadtt g and jewelry making, and 52 internet marketing and sales, not inyti�,,vJng equipment other t :? normal business office ..... 53 machines, within a single - family dwela,,0g located on a propertk;xx; the Residential Single 54 Family (RS -2) Zoning District at 393 3 fleet, findtgg that the regist is consistent with 55 Section 24- 106(c)(4), and in accordance wifef e pr4'�i�tz`ns of Section 1, kT,,9 of the adopted 56 Land Development Regulatl Seconded by`Mr Stratton, the motion carried unanimously, 57 5 - 0. 58 B. ORD NO 60 -11 -17 (PROPOSED)� 59 APPLICANT Planning &`Zoning Di�iS'Uu 60 ADDRESS. Ca mercial &' Judus t A Zoklltu Distl i ts, Citywide 61 REQUEST,; RevYSYOn of Sectio .1<7 , of Sh' bode 62 63 Ms. Hall intrbdooed this Item to the B "bard, and explained that staff is requesting that the 64 o d,tnake a reo dad, xA �to the City commission to amend Section 17 -29 of the Sign 65 to fasciaigtis equa)ent t,�a on e (J) square foot of sign face area per each linear 66 foot of froritg� up to aimum two'.undred (200) square feet of sign face area, applicable 67 :to fascia signs 'iilir. both '51 "le- occupant 'and multiple occupant structures, and to remove 68 traneous languagilad reo der /renumber the section so as to clarify the provisions. 69 Ms t1, explained the with the recent submittal of a preliminary sign plan by the incoming ,.. 70 tenant' ;q ;.:the old Publf space, staff realized there was a problem with Section 17 -29. 71 Particularl; prior todtlption of Ordinance No 60 -02 -12 on September 9, 2002, provisions 72 regarding faseYqrsiggsjyead as follows: >r . r, 73 No flat sign 'shall utilize or occupy an area greater than one square foot of surface 74 for each linear foot of building or unit frontage of the building or unit occupied to 75 which the sign is attached. [Section 17- 2(b)(1)] 76 However, Section 17 -29(a) of the adopted Sign Code regarding fascia signs currently reads as 77 follows: 78 (1) Fascia signs for buildings with a single business or occupant. 79 (a) Size permitted: One (1) square foot of sign face area for each linear foot of 80 the building width that faces the front of the lot, as defined in Section 24 -17 81 of this Code, provided that no single fascia sign on any one side of a building 82 shall exceed sixty (60) square feet of sign face area. Page 2 of 4 AGENDA ITEM # 8A NOVEMBER 28, 2011 Draft Minutes of the November 15, 2011 regular meeting of the Community Development Board 83 (2) Fascia signs for buildings with multiple businesses or occupants. 84 (a) Size permitted: One (1) square foot of sign face area for each linear foot of 85 the unit(s) occupied by one business or occupant, provided that no such 86 fascia shall exceed forty -eight (48) square feet of sign face area for any one 87 business. 88 89 As such, the currently adopted maximum sign face areas of sixty (60) and forty-eight (48) 90 feet, impose severe limitations on the visibility of fascia signs placed on buildings with large 91 linear frontages exceeding those dimensions, especially those set back a substantial distance 92 from the right -of -way, as is the case with most shopping; :;centers. And, because there are no 93 provisions for sign variances, applicants must ask „t;i Commission to grant waivers of 94 these Sign Code provisions. 95 96 Ms. Hall continued, explaining that while researching thi r matter, it was discovered that a 97 number of fascia signs permitted since the 2(}02 rewrite do Exceed the stated maximums, but 98 there is no evidence that any of tho §6:�:,h've appeared before` Y1 .,Commission seeking or 99 obtaining waivers. Further, there is ... :ndieation that these slgf s: were accounted for in 100 recent sign compliance reviews related to „tlnpending,gmortization of t%4pconforming signs. 101 To do so now would more than double the tt i mber bf nonconforming sAgn and to require 102 businesses to bring both frees#slniing and fascia .ifs' into compliance would most likely be 103 judged as an undue and excd§ kV hardship. 104 105 Ms. Hall stated that review of tie NWOO -, - , ,Beach SigzI Code revealed a nearly identical 106 framework to that ofAtlantic BeaC11,,,except l�eptune Beach limits fascia sign face area — both 107 single- and in Itipl o .6�upant — to Maxn urlrl bf two hundred (200) square feet. In order to 108 substantiate,: Which regttlg(ion was mor, , consistent "With :the norm, the maximum sign face 109 area for fascta, signs vt?lhin several; ether Florida municipalities were examined, as 110 summarized m th, table i eIQyv: F1;SCIA SM&MA"UM SIGN FACE AREA JURISDIG !I.QN SINGLE,`_ 7,CUPANT MULTIPLE OCCUPANT Atlantic Beael% ,. 60 SQ FT 48 SQ FT .; Cape Canavef` l {,. 160 SQ FT 160 SQ FT �:;Destin 150 SQ FT 150 SQ FT i esville 200 SQ FT 200 SQ FT ackonville 300 SQ FT 300 SQ FT ack's'gr(' ille Beacl';;i 250 SQ FT 250 SQ FT Ne turi 200 SQ FT 200 SQ FT Sarasota* 300 SQ FT 200 SQ FT Saint August 250 SQ FT 250 SQ FT Tallahassee 300 SQ FT 150 SQ FT 111 112 Based upon findings that the current Atlantic Beach provisions are considerably more 113 restrictive than those of the other jurisdictions, and there is no historic evidence to 114 substantiate the 2002 revision, staff has drafted an ordinance proposing revision of Section 115 17 -29 for consistency with the Neptune Beach regulations for maximum sign face area of 116 fascia signs. Ms. Hall then directed the Board to the strike- through /underline draft of Section 117 17 -29 attached to the staff report. She explained that the only substantive change was to the 118 maximum sign face area standard for fascia signs, but noted "house- keeping” mandated a few 119 additional standardization updates, such as removal of redundant or extraneous language, Page 3 of 4 AGENDA ITEM # 8A NOVEMBER 28, 2011 Draft Minutes of the November 15, 2011 regular meeting of the Community Development Board 120 addition or revision of subsection titles and number, all of which are addressed in comments 121 in the right margin of the draft, and summarized below: 122 123 0 Comment [ehl]: Creates a new subsection titled "Fascia signs" to differentiate from 124 regulations applicable to freestanding and bracket or marquee signs. 125 0 Comment [eh2]: Revises language, changes the maximum area of fascia signs (for 126 buildings with a single business or occupant) to 200 square feet, 127 consistent with NB and other jurisdictions. 128 0 Comment [eh3]: Corrects subsection reference according to updated numbering. 129 0 Comment [eh4]: Revises language, changes tl1o { maximum area of fascia signs (for 130 buildings with multiple bus S� s or occupants) to 200 square feet, 131 consistent with NB and gtkl�xjurisdictions. 132 Comment [eh5]: Creates a subsection tt'tif;kracket & marquee signs. 133 Comment [eh6]: Adds the word "a ly ' o` � ij asize exclusivity of this particular y 134 provision. 135 ■ Comment [eh7]: Revises for wot Choice. 136 Comment [eh8]: Revises tpjli]nate redundant lango, contained in definition of 137 freestandin':S;'gns. 138 Comment [eh9]: Revises to eitnate redundant language ( s), summarizes into a 139 single statement p r placecl,r:uii4er proper headirt$ of "Size permitted ". 140 Comment [eh10j.,t�,�vises to ehni t" @ It n'eous language a ;;make subsection 141 St;tiirally consistent'VV�tb remainder of section. 142 Comment [eh 11 ] oOaCS:; >ztn e properly plat 6 from next subsection. 143 Comment [612] Cr tes a $fib ,tion title ft� ir;�� estate signs. 144 Comment [eh 13 ReV,, the ub ;Gtjon title fo�� ,qt numbers. 145 146 Mr. Lambertsb6i; b]p' 0 d the hearmg tp publ1' eor itir�nt, and With there being none, brought 147 the item b4,io the Bdd; for discusStn� `t'he consensnSof the Board was that it is entirely 148 reasonable '% the AtlanfW:.Beach sigrl t gulations to be consistent with those of Neptune 149 Beach, especlallyrlong azShared corridor With no further discussion, Mr. Lambertson called 150 for;a.motion 151 152 1VIOTIO . EMrIansenved that th:`Bard recommend to the City Commission approval 153 proposed Or"nce No, �Q -17, amending Section 17 -29 of the Sign Code as presented 154 i `strike- through /udrline dra$;ormat and described by staff, finding that these revisions are 155 eo # istent with and setve to ac�`� plish and implement the goals, objectives and policies of 156 the C6 *reh provision of orderly growth, protection of property values, 157 advance t of econov development opportunities, maintenance of a safe and aesthetically 158 pleasing entronment,',iS ; conded by Ms. Paul, the motion carried unanimously, 5 -0. 159 6. OTHER BUSINES REQUIRING ACTION. None. 160 7. ADJOURNMENT — 6:25 PM 161 162 163 Chris Lambertson, Chairman 164 165 166 167 Attest Page 4 of 4 } r �{ J.�e f�7 1.4rr - r . Lea JL . - • . not Vii. - � � F+� � ,,Y' .fly .I - ' - 7 .p I I„ r� '�,• + ** } } ■ 4' }. I' :' w.• -� r•S x • � � .5 . .,. I i {�ir - t• "r.,., • t_•�f,v� r��-. "��;.:� - ,...., . I� y' k ; � Y "' ' ,.L��i�r � -� e Y !k�7� �'�. ,�,',I'l '- ti��',• + b G ;1 All 7� kh NO, �' ,i " } 4 *• } .i.k`.. i1.P' � 5 �'y y 5 :���� Is`;��.;,!�.s. o.;;�i�•,i���i �.iar T'� ��. d - ' :.I. }, � 7 Ji�� $`57 .. r�My. 1 � w _�: �,r - " „_'i i �� I .d .-�:• '�. �il•'' 1 .' 'N' �.. _ r r - • ��.��h 1 � •'��;. ,. �I a`� � 1� -. }. •�kl .! 'I i �('.i p h7. { `� � 'l F 4 �' r•j; �r _'�I� 4 e ty + T. � � ' J ;l'f`�1yC�� � � 4 . � •r .. � �. � ��� �' ii r:_ •.� � R "� � 4 - Sri � frf•G^F• , � ','• � sp •i tL4i1 • i �e` C , I ' G �.� r' y _ _- r_�... i - � t'.I.: is 1.' r ' •.'`.`S F'4 �f.•.•-..�..'r .i- ;_ }7: 111 i. -_S. ��i�. {�•i c } c r•s i t .ti �� -.��' '�: -.�'!{ v r' t -7.. � ,, � ,, , , ..i �y - T . tit ,y v - { �+ '•�;� �• + � {�. � il. 17h` • w i r 7S h 1 a r 5S 4J y', I 04 y -- +�r' '� �,,. x i fi 1. Ikr ;!f'dk:•! ,s o ' ': F- ; . 1 :' �5 }'y + 1i .� — {ire 4 - J ' .. i 'l :t �• "{, F f • I + '���I : � , � r u, ".' � ',' # •' ^x'!11 � ' � , ;.i� �' , i . �I�^ a •�I a. �l , ��- ��� 5..t �, ,. •sly J � . ¢''1{ht - }y�� .�� r,rl - � S, aEx„ ,• {! �1_ Y '�.'� x `, 4 r�r ;y uyk- 9F : = -- •�1 lei _•� � '�'' %� � � 1 1 '�, r - . �, l M1 J ' V r - AGENDA ITEM # 813 NOVEMBER 28, 2011 CITY OF ATLANTIC IC BEAC j 800 SEMINOLE ROAD :J ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE "247 -5814 Application Number . . . . . 11- 00100064 Date 11/07/11 Property Address . . . . . . 2234 W OCEANWALK DR Application type description SUB APPL FOR WAIVER Property Zoning . . . . . . . TO BE UPDATED Application valuation . . . . 0 ---------------------------------------------------------------------------- Application desc subdivision waiver request ---------------------------------------------------------------------------- Owner Contractor ------------------ - - - - -- ------------------------ CARROLL OWNER 2234 OCEANWALK DR.W. ATLANTIC BEACH FL 32233 ---------------------------------------------------------------------------- Permit . . . . . . SUB APPL FOR WAIVER Additional desc . . Permit Fee . . . . 250.00 Plan Check Fee .00 Issue Date Valuation . . . . 0 Expiration Date 11/07/11 ---------------------------------------------------------------------------- Special Notes and Comments approved to process check only ---------------------------------------------------------------------------- Fee summary Charged Paid Credited Due ----------- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- Permit Fee Total 250.00 250.00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total 250.00 250.00 .00 .00 �V N0 V 0 2011 PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. AGENDA ITEM # 813 NOVEMBER 28, 2011 L �I ._I.L.. I I� ILL x . ...... ... ...... ...... ....... .. ...... .. . r Section 24 -191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Com- mission may approve a waiver to the requirements of this Article if the waiver serves the public interest. City of Atlantic Beach (b) Conditions of waiver. An applicant seeking a waiver shall submit to the City Commis- 800 Seminole Road sion a written request for the waiver stating the reasons for the waiver and the facts Atlantic Beach, FL 32233 which support the waiver. The City Commission shall not approve a waiver unless it (P) 904.247.5826 determines the following: (F) 904.247.5845 (1) The particular physical conditions, shape, topography of the specific prop- www.coab.us erty involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for a waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to DATE //h/// other property and do no result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the FILE # Comprehensive Plan and the requirements of this Article. If the City Com- mission approves a waiver, the City Commission may attach such conditions RECEIPT to the waiver as will ensure that the waiver will comply with the intent an purpose of this Article. 1. APPLICANT'S NAME 2. APPLICANTS ADDRESS ; wAt4c . D2 , W, Y 3. PROPERTY LOCATION S",Mle 4. PROPERTY APPRAISER'S REAL ESTATE NUMBER 5. CURRENT ZONING CLASSIFICATION 6. FUTURE LAND USE DESIGNATION 7. Subdivision provision(s) from which waiver is sought: ZL � b✓ (OL) li'i 8. SIZE OF PARCEL: PARCEL FRONTAGE 0 - PARCEL DEPTH 1 ! ? PARCEL AREA 9. UTILITY PROVIDER J crx 10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24 -191 of the Zoning and Subdivision and Land Development Regulations, and specifically describing how the request complies with the Conditions necessary for the City Commission to appro this request. Use second page if additional space is necessary. AUt#b / Ov, H"Z . Mar W t- 1 "D ( VHIUJ - page AGENDA ITEM # 8B NOVEMBER 28, 2011 oo ........................................................._..............._......... ..............................I .................... 11. Provide the following information. Applications will not be considered complete and will not processed until all items have been received: a. Proof of ownership (deed or certificate by lawyer or abstract company or title com- pany that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for the applicant to represent the owner for all City of Atlantic Beach purposes related to this application must be provided. 800 Seminole Road b. Survey and legal description of property. Atlantic Beach, FL 32233 c. Required number of copies (4). (P) 904.247.5826 d. Application Fee ($250.00). (F) 904.247.5845 www.coab.us I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT. Signature of owner(s) or authorized person if owner's letter of au#id i ation is attached: PRINTED OR TYPED NAMES) SIGNATURE(S) CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION: NAME I A j4(_ om4ww ADDRESS �Z213 D�[i{�� � �N PHONE ,� 3�. FAX Z • 9 � CELL Z •��� E -MAIL ADDITIONAL SPACE FOR QUESTION 10: page 2 of 2 i r AGENDA ITEM 4 8B NOVEMBER 28, 2011 04/10:2009 11:91 TAX 004 280 1009 RICHARD T MOREHEAD III001 MAP .SHOWING BOUNDARY SURVEY OF ..� LOT 18, OCEANWALK, UNIT TWO, AS RE00RDED IN PLAT BOOK 42, PROES 13, 13A THRDJCH 1.51 OF THE CURRENT PUBLIC „RECORDS OF PUVAL COUNTY, FLORIDA. OMFIM To. MAR)( T, CARROLL I WELLS FAROO HOME ~ STEWART TITLE gUARAN TY C O M P A NY ' RIC.LIARD T, MOREHEAD, P.A. OLD SHERRY DRIVE ' ip i (100.0' RlrtiT DP WAY) L N 07'39'20” W 82,•41' (MEASURED) (CHORD) rwkD n Ppf N 07{1'50 W 52 (PLAT) (CHORD) 4 21914.70 F w oENMaA1NN L- 82.48' R fO w_ nw r" j - No 1 , s+anca i'•-d' VEHICULAR NON -ACCESO EASSNENY -. e J 1p �p n C �� LOT 18 7 ILW I � T6S 6GtD+FO , ONE STORY u �! FRAME POSTED 2 ?34 s, 1 1 � rT1 ~ � B.8' J• t•1 � .. } • � Q,1' 'N 8.4' m IA N 4fj • • rTU (TI n u.e• G1' :: to ,, �v 9.4' �• 4'i ",m.0.. , . STAMPED bUN0U1 iQdy -} • • JL - 1 1 • PONT Or NRrA7UK ' .w- ..... La 738.40' Rr f 204 5 l a 91.02' R= 1204.54' Famc a took rrc T�aa° r1 ,aRa) S 09118'45" E 91.00' (PLAT) (CHOR0J c.• d moAD LEGEND: S 0811'04" £ 91.07' (MEASURED) (CHORD) R rAays —><�— = FEHLT OCEAN WALK DRIVE WEST L LENGTH �� w CDNCAEtf (SQ.D' R1ONT PF WAY) . uoTE& PLAT s exq�'o2' W W � �+ RELrf•i RJS , 1. BOUT1ikYD.Y BDiN AD gY�iW9 e1'' L 7YL��AkcEi DF ALDNn 111E 2. D7 GRAPHM PL0TTY40 OHL': 11 CAPTIgpNfiEpp 1,19409 Lf kiTHM' Flom 04C X AA $µ001J 7tq GATE - D SGhPTKSN • NAT,OHAL FLOOD INSURANCE MAP 019,7119 APittl 17. TOM. COkWVAT HVNB7,�'� 3, nns tNAv(Y RiYT 6L1S ALL [A�TWENTS k RIprtS Cr WAY AS PER 116CORDED PLAT 4/44 TITLE Co"TANT W PUPPLIM. IJNLE" (ITHFAMW STATED, NO OTHM TITLE 4ERIACATIOH HAS PEEN P(RFORIA D BT TTIE (h1bfR5 wm " % 4 MIS 3V R 1 +E1 N YAUD Wrn10VT THE CROWAL 190NAWke AND EMBOSSED SCAL of THE CBRfIfnN6 6WIMYDR. i0g is i832 DATE Of' FIE S URYEY: OS -31 -D7 GATE OF ISSUE ^ -0i 1 . ., SOAI E; 1 'R 20' CERTIFICATE IZZ - .. 2522 Oo'a Sit-t , iBYt[Qr t%R7dY T,ui, n ' � LTt NY R�srtram• 1 t6MA0l - AL01on"h. rimi" 12204 ANQ WEYt>< TfiIttEE yNOyIA,� P.: T TBRiH 8V I) : rlmpA (Phone) 80+-399 - }Pas 064(10 Or PA VIA Pt[R e,m -6, ri,mm ' (re-) 604- �Bp -6i7S AQDQpNtRA Te" '"e+ DaOL 67srt 0. . _„ • L9bTRl =' ll{ENSEO BUSR1E53 / 8702 moll EN£p 9URtF!'OR 2D UAPPEH tzg5 t STh+B ct UvIDA LAND SURVEYS 0 CONST SURVEYS AGENDA ITEM # 8B NOVEMBER 28, 2011 w ig a � 7, AGENDA ITEM # 813 NOVEMBER 28, 2011 OCM , To: Mark Carroll From: Theo K. Mitchelson Jr. Re: - 2234 Oceanwalk Drive West, Atlantic Beach, FL 32233 I am pleased to share with you that your request regarding "replacement of existing driveway, with addition of a circular driveway extension" has been approved, with one contingency: Oceanwalk's approval is contingent upon the City of Atlantic Beach's approval of the same... We state our approval in this manner because it has come to our attention that the City of Atlantic Beach has a requirement that a lot must be 100' wide in order to fit within City guidelines for a circular drive. Another of our neighbors has bumped into the same requirement. That other neighbor has approached the City for a variance, and it appears likely that she will receive it from them. I assume that you will be required to do the same. Please communicate back with us, either way, once you have an opportunity to determine the City's position. If we can be of additional assistance in any manner, please do not hesitate to give me a holler. Si Oly, 0/26/2011 Oceanwalh Association, Inc. P.O. Box 331188, Allawi:c Beacia, FL 322.33 -1184 , f I } '{ f vl� r'; Mt I'7S •i �.� + `] a 1 }.., r` . x U ;i A - 11 L " ''e� J { � V•'r `• t y�'. # 5 -:7i- is w; F. Jt r'.a .. _ _ s'.:, T' t -.: . a 1,•- k�l�11 s :7•Ij.iY . � r I „[� r'.i s+� rr" . L, 1 Lr 2' 4 '.1; ti'. �1 ? i , F. "'• ' �H ,�,�� ! �- S M .�' •'� :i. h 0�4- '. �tis�� n�h �Yrgh'I��F P1,I:i:� �''�r I��e �� f a ,i.�y �. ._ l a 1• at1 C Y i 4 - ` {-� f '-; +� •• * i 14#1 M�"J. lr �T.'1�* Ali. f'�r [j!'ilb ,rf y rn F'�.S :1 r M..; r #��7`•9 `f 1i 1. �. .r �r.,.. ] ■.1 ' r',. Y'I,_ �tir•11 top IL ' ,u:rl' { - r II. "e, '. '[ �!,':y 7 ,�Y.+ +..a9.:' ti'S I'i{ "- }':.III L ♦ r :':Ir �, L ya a *� ya f a :7�! yA`��'li r���Y//.,, yi ;.r��y�7�� y l� , t� x .•I. •; � �.• -..,�. i1�4 s!!''..IL :Sa'�il.� { •I[r`1 T f - �.TJ[? W_w . - {, {. T!r.r -y.f' F ru''': n. _ .:r. {�.L I :7! ha } :.�.� s 7 ..s !, t : .1. jrfi_ r' .L, {{ {{�1r U �4�1 lard. dp 1 4 1 f + $� � �� ���y1 - ��•��1.q7'' :• 4�14f ' i •'n' , }i' , Ral + "' .•; 1�.'j �i���•'��'f �6r. A'i : �C� 'F ,rj ., i� -1 lu:i.11t�� - :l`{�k ti l_,� i. 1 i�' If.' {'' � " -r - . • i +r `,' `. r ,y r 'ai "r j r,� .- i''I li�1ly�i�� }{,'� ��:[ : •• l' i , .r 7 } 4:'1 �' yt }S.. (rn,�j J f:.,_.I��:'.1'�o-. .. • _11 +..: .,':17. ,T.3 '1 1 r{ �: , �.��..:v p ��r'i ;'.'! ti� ^' .,.._.1�I h44`i l a�,�� --: 8i J� "` -'''� +'fi +. � �'i I :', , II �" 1L `} r. : I � 1' I � � / -: � -, r � . .- 1 •. ' - -�... � i • + '.' S I } }- ' ' t f L' l - i.. I: I 1 yy • r t ;i ■ j�?sic�+ l°� �r. � 1y�' �� , "�:���,r,f.n���iil '$� � 1:� - �` -� +I � Y 'i AGENDA ITEM # 8C NOVEMBER 28, 2011 ORDINANCE 60- EXHIBIT A Sec 17 -29. Signs permitted within Commercial and Industrial Zoning Districts. Subject to the provisions as set forth within this section, the following signs shall be permitted within Commercial Professional Office (CPO), Commercial Limited (CL), Commercial General (CG), Central Business District (CBD), and Industrial, Light and Warehousing (ILW) Zoning Districts. Except as specifically exempted in Section 17 -26, and further subject to issuance of a sign permit, no other signs or advertising device shall be displayed or erected within the City. (a) JFascia signs . _____ ---- ----- Comment [ehi]: creates reates a new hea ding (1) Fascia signs for buildings With a single business or occupant. "Fascia Signs" to differentiate from Freestanding a. Size permitted: One (1) square foot of sign face area for each linear foot of the Signs. building width that faces the treet frontage of the let as define' in `^^"^^ '" " of this Cede provided that exceed sixty 0) - the total signage shall not exceed two hundred (200) square feet of sign face area including buildings on corner lots (For example, if the width of the building facing the front of the lot is fifty (50) feet -wide, the maximum total sign face area for all fascia signs is fifty (50) square feet. If the building is on a corner lot then the widths of the building facades facing multiple street frontages can be added together to determine the total signage area, but in no cases shall the total fascia signage exceed two hundred (200) square feet, nor shall an individual sign exceed the square footage corresponding to the linear width of the building side on which that sign is posted Comment [eh2]: Revises language, changes - - - - -- - - - - -- -- - - - - -- --- - - - - -- - - - - - -- - - - - - -- ---- - - - - -- b. Number of fascia signs permitted: Not more than three (3) fascia signs shall be the maximum area of fascia signs to 200 square allowed on any one (1) side of the building. Where fascia signs are placed upon feet, consistent with N B a nd other jur more than one (1) side of the building, the combined sign face area shall not exceed the amount permitted bykubpaFagraph- subsection (al (1) a.labo_v_e_. Comment[et13] : Corrects reference (2) Fascia signs for buildings with multiple businesses or occupants. according to new numberi a. Size permitted: One (1) square foot of sign face area for each linear foot of the unit(s) occupied by one (1) business or occupant, provided that the total signage ne such fascia sign -shall not exceed fo rty ei gh t- 4484 two hundred ( 200) square feet# ^n faee ^Fea for any one (1) business. If the business or occupant is on the corner, then the widths of the unit(s) occupied by the business or occupant that are facing multiple street frontages can be added together to determine the total signage area but in no case shall the total si gnagg for particular _business or, occup exceed two hundred (200) square feet nor shall any individual sign exceed the square footage corresponding to the linear. (For example, if the width of a unit_ or Comment[eha]: Revises language, changes several units, occupied by one (1) business is twenty -four (24) feet, then one (1) the maximum area of fascia signs to 200 square feet, consistent with NB and o t h er jur sign, amaximum of twenty-four (24) square feet of sign face area is permitted.) b. Required spacing between signs on buildings with multiple occupants: Fascia signs for different occupants shall be separated by a minimum distance of thirty -six (36) inches. (b) (Bracket or marquee signs. I In lieu of the above described_ fascia_ signs, a business or permitted C omment [ehs]:Addsa subsection title for use may install a single bracket Sign or marquee sign in accordance with the following bracket & marquee sig ns. provisions: AGENDA ITEM # 8C NOVEMBER 28, 20I1 (1) Size permitted: The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than sixty (60) square feet of projected sign face area. a. There shall be no more than twelve (12) inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten (10) feet. b. No portion of such sign shall extend above the height of the roof. c. No portion of such sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. _ (2) Within the Central Business Distric onl . ��iln addition to other permitted signs,_ use s Comment [eh6]: Adds word "only' to limited only to retail establishments mod— restaurants, cafes and coffee shops, may emphasisexclusiv o fprov i s i o n. install a single bracket sign extending above a public sidewalk or pedestrian walkway. The purpose of this provision is to provide appropriate and consistent signage for the unique pedestrian environment of the town center area. Such signs shall be located only in accordance with the following provisions and upon issuance of a sign permit: a. May be located only above first floor entryways or first floor windows with no portion of the sign display area exceeding ten (10) feet above the established grade of the adjoining sidewalk or walkway; b. Shall provided minimum vertical clearance of eight (8) feet above the sidewalk or walkway; c. Shall provide minimum clearance of six (6) inches from the building fagade; d. Shall be separated from any other such sign by a minimum of twenty (20) feet; e. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical depth; f. Shall give the appearance of traditional wood routed or sandblasted signs. Materials such as high density urethane (HDU) and recycled high density polyethylene (HDPE) plastics, which give a similar appearance, shall be acceptable substitutes; g. Shall be externally illuminated only and shall contain no electrical components; and h. Shall create no safety hazard or obstruction to the public's use of the sidewalk or walkway as determined by the Director of Public Safety. (c) Freestanding signs. In addition to the above signs, freestanding signs may be permitted as set forth below comment [eh7]:, Revises for more - -- - - -- - ---- -- - - - --- - -- - --- - - - - - -- -- - -- ---- - -- - - --- - - -- - -- appro word choice. (1) Size permitted: pp ° , ' te d (1) square foot of sign area for_each linear foot of _ - Comment [eh8]: Revises to eliminate frontages of the development parcel on which the sign(s) are placed, provided no such redundant language; contained in definition of sign shall exceed ninety -six (96) square feet of sign display area or eight (8) feet in freestanding signs. height and twelve (12) feet in width, except as provided in subsection (c)(2)b below. _ -- comment [eh9]: iRevises to eliminate (2) Permitted height of s4nfi9r-#eeLst9nding signs. Fertigefogei�qngzeging&t-r4ct-se)wept redundant language, summarize into a single... ' statement under proper heading of "Size permitted ". 9. /'.. erc D...F,.. - G i nF ce (C ). C:.ght (8) feet e. i dust.ial Light en d IA/....+1+eusi g (IA V) Eight (8)f 63) PeFmitted %409 ef fFee standing signs. The maximung losqdth of signs in any neR .-i,d a l z ....:.. g distr4ets shag be twelve (1 2) f AGENDA ITEM # 8C NOVEMBER 28, 2011 4� Number of freestanding signs permitted: a. LD9H -a- development parcels with street frontage upon a street—,shall— permitted one (1) ,freestanding sign . " I . ^ ... 4- for each one hundred (100) feet of linear street frontage, up to a maximum of three (3) freestanding signs_ -4^:ght-m Sign feF 61,16h Foultiple signs shall Hat e)(eeed eight (8) feet and sign display area sh net e..eeed nfeet.. six (96) square feet. e Comment[eh10]: Revises to eliminate b. IDeveloyment parcels with street frontage upon more than one (1) street shall be redundant language, make structurally permitted one (1) additional freestanding sign on each street side of the consistent with remainder of s development parcel. c. Required distance from property lines: No portion of any freestanding sign shall be located closer to the property tine than five (5) feet. Additional distance from Property lines may be required if determined necessary by the Director of Public Works, to maintain clear vehicular and pedestrian sight distance. Freestanding signs shall not be located so as to interfere with clear vehicular or pedestrian sight distance. Further, signs determined by the Director of Public Safety to interfere with safe sight distance for pedestrians or vehicles shall be immediately removed. Comment [ehii]: Revises to relocate {5 (3) Within Commercial General (CG) and Commercial Limited (CL) Zoning Districts provisions from below to more logical order. only. Alternatively, on development parcels with street frontage of three hundred (300) linear feet or more shall be permitted one (1) freestanding sign not to exceed ten (10) feet in height and s one hundred twenty (120) feet in sign display area. The required distance from any property lines for such freestanding sign shall be a minimum of ten (10) feet. Additional distance from property lines may be required if determined necessary by the Director of Public Safety, to maintain clear vehicular and pedestrian sight distance. a. n., a .de eel that has Crentage upen mer than e e (1) street a (44 additional freestanding sign shall be peF FAitted aeh street s ide o f the develop ment pa reel. The height of sign figr any such secendary sign shall not exceed eight (8) feet, and sign display area shall not exceed ninety six (96, square feet. (6) Required distGnee #enq pFeperh 4nes. No pertion ef any freestanding sign shall be leeated closer te the property line than five (5) feet, except as may be required PuFsuarit te ffeeeding paragraph (4)d.2. Freestanding signs shall not b l o c ated so a to interfere with e veh eF pedestrian sight distanee. Signs deteFFAiried to by the DiFeete Pub k4eff te Interfere with safe sight di5tanee far pedeSWEIRS eff vehides shall (d) Requirement for a unified sign plan. After the initial effective date of these regulations, all new non - residential development, which shall contain space or units for more than one (1) business or occupant, shall provide a unified sign plan with the application for building permits. All subsequent applications for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with respect to the following: (1) Manner and type of construction, including materials to be used, installation method and mounting details. (2) Means of illumination, if any, and hours of illumination. (3) Size, color, lettering, and graphics style. (e) Pre - development signs. Signs for the purpose of announcing a coming development project may be placed within commercial and industrial zoning districts subject to the following provisions: (1) Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one (1) year from the issuance date of the sign permit. AGENDA ITEM # 8C NOVEMBER 28, 2011 (2) Complete and proper applications for building permits for the related development project must be submitted within sixty (60) days of the placement of any such sign, or the sign shall be removed. In the case that the sign is not removed, the sign shall be considered an abandoned sign, subject to the provisions of Section 17- 41(c). (3) Such sign shall be removed within thirty (30) days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than thirty (30) days. In the case that the sign is not removed within these periods of time, the sign shall be considered as abandoned, subject to the provisions of Section 17- 41(c). (4) Only one (1) such sign shall be placed upon the development parcel and shall not exceed the height or size permitted by preceding paragraph (a). 624) square feet ef sign fiace ewee. .4 sign permit shall be required for- such signs and these signs shall be r-emeved Mthin ten (-10) days efisale er- lease 4 the pr-epe.�t� --------------------- Comment [eh12]: Revises to eliminate W (f) Requirement to display street number. All business and activities regulated by the redundant language— real estate signs requirements of Section 17 -29 shall display the street number in a manner that is prominent addressed e and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways. AGENDA ITEM # 8D NOVEMBER 28, 2011 Atlantic Beach Police Department 3 rd Quarter 2011 Highlights The Police Department has maintained a high level of resources in the Mayport Corridor and Royal Palms areas. The Police Department continued to have two full time COPS Officers dedicated to the Mayport area. Although Justice Assistance Grant funding for these positions has decreased in the FY 2012, the service levels have remained essentially the same. They COPS officers have daily contact with the businesses and residents in the community, interact with the kids at the Community Centers, and attend Special Events. During the 3rd quarter the COPS officers attended a number of community events such as Movie Night, Campout Under the Stars, Community Helpers Day at Donner Park and the Fall Festival. Our Patrol Officers spend much of their time providing a uniformed presence in the corridor and our Crime Suppression Detectives have a heavy concentration there as well. The Crime Suppression Unit responded to a complaint of drug sales near one the Community Centers. Their investigation resulted in 5 arrests, including the arrest of an escaped prisoner and several charges for the sale of narcotics. The Atlantic Beach Police Department continues to have an exceptional emergency response time. The average emergency response time for the year through the third quarter was 1 minute 54 seconds. Crime The state wide semiannual crime statistics have just recently been published. The Atlantic Beach continues to have the lowest per capita crime rate in Duval County and is lower than the state average. Location AB NB JB Jax Florida Per Capita 17.7 18.7 27.7 23.3 19.9 Crime Rate semiannual 2011 2010 16.9 19.3 26.1 24.7 N/A 2009 19.2 20.0 34.42 27.96 21.33 AGENDA ITEM # 8D NOVEMBER 28, 2011 The P quarter year to date crime rate continues to be very low and has dropped below the 2010 levels for the same period. The total number of Part I Crimes in 2011 is down 4% from the same period in 2010. Property crimes such as burglary and larceny are the largest category of crimes and all types have decreased this year. It is important to note that 2010 represented the lowest crime rates in Atlantic Beach in more than a decade. Auto accidents have increased over 2010 levels, but are directly in line with the 2009 statistics. Crime in the Mayport Corridor for the first three quarters of 2011 was up slightly from the same time period in 2010. Total part I crimes in the first 9 months of 2010 was 171 and there were 177 in 2011. Crime decreased 25% between 2008 and 2009 and that decrease was maintained in 2010. It is possible that the initial decrease may be maintained in 2011, but the 4` quarter crime stats will need to be very low. Productivity Calls for service in the first half of 2011 were down slightly, from 23,159 in 2010 to 20,183 in 2011. Arrests were up during the first 9 months this year by 1 I%, having made 671 arrests compared to 603 in 2010. DUI arrests are down slightly from last year, but 2010 was a record breaking year in the number of DUI arrests. The Crime Suppression Unit (CSU) continues to be very roductive. They have made 49 felony arrests and 26 misdemeanor arrests through the 3 quarter of 2011. They have also made 5 alcohol deployment arrests during this time. Compliance rates with alcohol sales laws have generally been very high due to the continued checks that have been conducted. Animal Control had 1711 calls during the first three quarters, which is down slightly from last year (1975). The ACO's conduct beach surveys every month to measure leash law compliance. The average year to date compliance rate for 2011 is 88 %. Personnel Currently the Police Department has one vacancy for police officer. Applicants for this position have completed the testing portion of the selection process. Successful candidates are being interviewed and the background investigations are underway. All other Divisions in the Department are fully staffed. Training The Department is deeply committed to providing quality training to all its employees. In the first 9 months of 2011, employees have attended training in the following topics. • Leadership /Supervision • Traffic Crash Reporting Updates AGENDA ITEM # 8D NOVEMBER 28, 2011 • Dealing with Difficult People • Property and Evidence • Firearms • Glock Armorer • DUI Enforcement Strategies • Narcotics and Dangerous Drugs • Crime Prevention • Crime Scene Processing • Criminal Investigative Techniques • Police Bicycle Operator • CJIS Terminal Agency Coordinator • Problem Solving Through Intelligence Led Policing • Report Writing • Interviews and Interrogations • Emergency Management Advanced training keeps employees current and on the cutting edge of Public Safety techniques, trends and strategies. 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I� II `� +�� � �'.�� �I' ,• ;rr� ` � I • -.�; •I I i � I • 1!I' S i • ~ I � i ll 1:• ' �1 I } it . , � •'�,�;'�'•'`� � I ' i t l �-- •�-� -M• � r, r , i r i �' I. .^ �'• I �h `'• ski f I ` I I e�� i � I it ^:� �' ��.:j.j"flr.. {I X `'„ � �'�i f� � ,Kj�j.Y. •p, . _� .o-� .�_ �y P �i `� ''��:. .��• .�i �}�F.. `i! •� R.i "� L� : r�' -. r y- '1.'r::: I a� �``a+�l r .-'. ,� .II ::- '�:.� R - � _ '.i I I I ��' h �•,' r -.- I I•. - . � I! r.�l 7_�.5 i I - � _ .,:. �v. �`'�, .« �•�rt.�': :- F� 11;IS � of { � 11 . V II �3 L.I. i �ry:� Y• - �S �e' '•~�+, -.�'j �. _ y ,i .-N • �r� • . . 4��. . -c��.\ y,� t � . h` �• In �. - 7 � g �.i d : �r .r r-� i.I I• � �.'r — '. �: f' Can ! F �f Y� 9� AGENDA ITEM # 8E NOVEMBER 28, 2011 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Ordinance Amending Chapter 2 Administration Division 2. Code Enforcement Board of the City Code. SUBMITTED BY: Michael Griffin, CBO, CFM Interim Community Development Director/Building Official DATE: November 17, 2011 BACKGROUND: This is to advise the City Commission that staff is proposing an ordinance (attached) amending Chapter 2. Administration, Division 2. Code Enforcement Board (CEB) of the City of Atlantic Beach code. The reason for the amendment is in response to a District Court of Appeal of Florida decision. Basically, the proposed changes provide an appeal process and do not otherwise impact our enforcement of the City codes on citizens. Staff will send a letter to the violator following the Code Enforcement Officer (CEO) determination that the violation has not been corrected as required by the CEB. This is the process being recommended by the court to satisfy the due process requirement of F.S. 162. This process allows the violator the opportunity to have the CEB determine if compliance is made as directed. Also included in the proposed amendments are the procedural portions of Florida Statue 162 related to notice requirements, hearing process and collection/filing of a lien. Additionally, the requirement for the CEB to meet once every two months has also been removed. BUDGET: No budget impact RECOMMENDATION: Motion to adopt the proposed amendments to Chapter 2 Administrative Division 2 Code Enforcement Board ATTACHMENT: Proposed Ordinance Reviewed by City-m1 " AGENDA ITEM # 8E NOVEMBER 28, 201 I Ordinance No. AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD OF THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES LIENS AND MONEY JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF LIENS; PROVING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING; PROVIDING NOTICE REQUIREMENTS WHEREAS, the Local Government Code Enforcement Boards Act (Chapter 162, Florida Statutes) provides cities with the authority to, by ordinance, adopt a code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators or City codes and ordinances; WHEREAS, it is found that the Code Enforcement Board will promote, protect and improve the health, safety, and welfare of all the citizens of the City, and that it is in the best interest of the citizens of the City that the Code Enforcement Board be established to enforce all codes and ordinances in the City of Atlantic Beach; and WHEREAS, various procedural improvements have been suggested and recognized as being necessary for the continued success of the City's code enforcement system and beneficial to the citizens of Atlantic Beach. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 2 ADMINISTRATION Division 2. CODE ENFORCEMENT BOARD of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: CODE ENFORCEMENT BOARD Sec. 2 -141. Created; membership; terms. (a) There is hereby created a code enforcement board of the city, which shall consist of seven (7) board members and one (1) alternate member, who shall serve on the board in the absence of board members, to be appointed by the mayor and approved by the city commission. All board members and the alternate member of the board shall be residents of the city and shall serve without compensation. Board members may serve a maximum of three (3) consecutive terms. Service as an alternate member, however, shall not preclude service thereafter as a board member for a maximum of three (3) AGENDA ITEM # 8E NOVEMBER 28, 2011 consecutive terms. (b) The membership of the code enforcement board shall, whenever possible, include persons in the following fields: (1) Architect; (2) A businessman; (3) An engineer; (4) A general contractor; (5) A realtor; (6) A subcontractor; (7) A person with zoning and building experience. (c) The initial appointments to the code enforcement board shall be as follows: (1) Two (2) members shall be appointed for a term of one (1) year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. Thereafter, each term shall be for a period of three (3) years. (d) Any member may be reappointed from term to term upon approval of the city commission. Sec. 2 -142. Removal; filling vacancies. Members of the code enforcement board may be removed from office by the city commission for cause upon written charges and after public hearing. Any member who fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chair shall have his /her office declared vacant by the code enforcement board, and the city commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and approval of the city commission for the unexpired terms affected. Sec. 2 -143. Meetings; election of officers; quorum. (a) At the first meeting of the code enforcement board, the members of the board shall elect a chairman and a vice - chairman to preside in the absence of the chairman. The presence of four (4) or more members shall constitute a quorum necessary to take action. Meetings of the beaFd shall eGGuF no less fteqUeRtly than ORGe eveFY tWO (2) (b) Special meetings of the board may be convened by the chairman upon the giving of notice thereof to each other member of the board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty -four (24) hours prior thereto. Sec. 2 -144. Minutes of hearings; clerical and administrative personnel. AGENDA ITEM # 8E NOVEMBER 28, 2011 Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The city commission shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties. Sec. 2 -145. City attorney. The city attorney shall either be counsel to the code enforcement board or shall represent the city by presenting cases before the board; but in no case shall the city attorney serve in both capacities. Each case before the board shall be presented by either the city attorney or by a member of the administrative staff of the municipality. Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes. (2) State of Florida Building Code, administration section of Chapter 553, as adopted by the State of Florida and by the city. (3) International Property Maintenance Code as adopted by the city. (4) All other local codes and ordinances as allowed by Chapter 162, Part 1., Florida Statutes, Local Government Code Enforcement Boards, as it may be amended from time to time. (b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions of subsection (a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. Sec. 2 -147. Procedure; enforcement and hearings. SeGtiORS 162.06 and 162.07. 2 -147.1 ENFORCEMENT PROCEDURES 1) For the purpose of this Ordinance "code officer" means any authorized agent or employee of the City of Atlantic Beach whose duty it is to insure compliance with the code and ordinances of the City. u It shall be the duty of the code officer to initiate enforcement proceedings of the various codes and ordinances. No member of the Board shall have the power to initiate such enforcement proceedings. u Except as provided in subsections (4) and (5) below, if a violation of the codes or ordinances is found the code inspector shall first notify the violator and give him /her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction the code officer shall notify the Board and request a hearing. The Board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to Section 2 -147.4 or this Ordinance. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code officer, AGENDA ITEM # 8E NOVEMBER 28, 2011 the case may be presented to the Board even if the violation has been corrected prior to the hearing, and the notice shall so state. If the code officer has reason to believe a violation or the condition causing a violation presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature the code officer shall make a reasonable effort to notify the violator and may immediately notify the Board and request a hearing. If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator, of a repeat violation shall notify the Board and request a hearing, The Board through their clerical staff, shall schedule a hearing and shall provide notice pursuant to Section 2 -147.4 of this Ordinance. The case may be presented to the Board even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. "Repeat violation" means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi - iudicial or iudicial process, to have violated or who has admitted violating the same provision with 5 years prior to the violation, notwithstanding the violations occur at different locations. U If the owner of property to which is subject to an enforcement proceeding before the Board or a court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (a) Disclose in writing, the existence and the nature of the proceeding to the prospective transferee. Deliver to the prospective transferee a copy of the pleadings, notice and other material relating to the code enforcement proceeding received by the transferor. (c) Disclose in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceedings. (e) File a notice with the code officer or clerical staff of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, with 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud, if the property is transferred before the hearing the proceeding shall not be dismissed, but the new owner shall be provided reasonable period of time to correct the violation before the hearing is held. 2- 147.2. HEARING PROCESS Administrative Support Staff for the Board shall establish annually a schedule of periodic meetings In addition upon request of the code officer, or at such other times as may be necessary, the Chair of the Board may call a hearing of the Board. Upon scheduling of a hearing the Board shall cause notice therefore to be furnished to the alleged violator by such methods as described in Section 12 of this Ordinance. Said notice of hearing shall contain the date time and place of the hearing and shall include the sworn statement of the code inspector setting for the nature of the violation and reference to the AGENDA ITEM # 8E NOVEMBER 28, 2011 appropriate code or ordinance. Assuming proper notice of the hearing has been provided to the alleged violator as provided in subsection (2) above a hearing may proceed in the absence of the alleged violator. At the hearing the burden of proof shall be upon the City to show, by a preponderance of evidence that a violation does exist. All testimony shall be under oath and shall be recorded; The Board shall take testimony from the City and alleged violator, and from such other witnesses as may be called by the respective parties. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. M Irrelevant immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence world be admissible State of Florida Rules of Evidence. Any member of the Board or attorney appointed to serve as counsel to the Board may inquire of any witness before the Board. The alleged violator, or the violator's attorney or representative and the City shall be permitted to inquire of any witness before the Board and shall be permitted to present brief opening and closing statements. At the conclusion of the hearing, The Board shall issue finding of fact, based on evidence of record and conclusion of law, and shall issue an order affording the proper relief consistent with powers granted by Chapter 162 Florida Statutes, the Ordinance and any other Ordinance granting authority to the Code Enforcement Board. In a Board hearing, the finding shall be by motion approved by a maiodty of those members present and voting; except that at least four members of the Board must cast a vote in order for the action to be official. The order may include 'a notice that it must be complied with by a specified date and that a fine will be imposed should the compliance not be achieved and under the conditions specified in Section 9 of this Ordinance and any such costs incurred in the prosecuting this case may be included along with the fine if the order is not complied with by said date, The order shall be reduced to writing and mailed to the alleged violator with fifteen working days after the hearing. A certified copy of such order may be recorded in the public records of Duval County and shall constitute notice to any subsequent purchasers successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real propertv, any subsequent purchasers successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with b the he date specified in the order, the Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order showing compliance. 10 The City shall present each case before the Board. If the City prevails in prosecuting a case before the Board it shall be entitled to recover all costs incurred in prosecuting the case. 2- 147.3. REHEARING An aggrieved party, including the City of Atlantic Beach, may request a rehearing AGENDA ITEM # 8E NOVEMBER 28, 2011 of the initial order of the Board. Any such rehearing shall be filed within 10 days of the execution of the order to be appealed. Consideration of a request for rehearing shall be scheduled by the administrative staff for the next available hearing date by the entity that issued the order. Notice of the hearing date shall be provided by the administrative staff via first class mail to the entity that files the request for rehearing. Any request for rehearing must be made in writing and be based on the following grounds: (a) That there exists new and material evidence which, if introduced at the hearing would probably have changed the Code Enforcement Board decision and could not with reasonable diligence have been discovered before and produced at the hearing; and (b) Given this evidence, the order issued is contrary to the law and evidence. A request for a rehearing shall not toll the time for the taking of an appeal nor shall it toll any fines mandated by the order in question, should the request for rehiring be denied. If the request for rehearing is granted, the Code Enforcement Board shall schedule the case for consideration at a future hearing, to be heard de novo. 2 -147.4 NOTICE REQUIRMENTS. All notices required by this part shall be provided to the alleged violator by: (a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax 'collector's office for tax notices, and at any other address provided to the city code enforcement staff or administrative staff of the Code Enforcement Board by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (2)(b)1 and 2 and by first class mail directed to the addresses furnished to the City of Atlantic Beach with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand delivery by the sheriff or other law enforcement officer, code officer, or other person designated by the City of Atlantic Beach. (c) Leaving at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. In addition to providing notice as set forth in section 2 -147 of this ordinance, at the option of the Board , notice may also be served by first -class mail and publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general AGENDA ITEM # 8E NOVEMBER 28, 2011 circulation in Atlantic Beach. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in Section 50.041 and Section 50.051 Florida Statutes. (c) Proof of publication shall be made as provided in Section 50.041 and Section 50.051 Florida Statues (d) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting_ (e) Notice by publication or posting may run concurrently with, or may follow, and attempt or attempts to provide notice by hand delivery or by mail as required by Section 2 -147.4 of this Ordinance. _f Evidence that an attempt has been made to hand deliver or mail notice as provided in Section 12 (1) of this Ordinance, together with proof of publication or posting as provided in Section 12 (2) of this Ordinance, shall be sufficient to show that the notice requirements of this Ordinance, shall be sufficient to show that the notice requirements of this Ordinance have been met, without regard to whether of not the alleged violator actually received such notice. Sec. 2-148. Powers The Gode enforGement board shall have the powers as set fGrth in Florida Statutes 168. The Board shall have the power to: (a) Adopt rules for the conduct of their hearings. Subpoena alleged violators and witnesses to their hearings. (c) Subpoena records, surveys, plats and other documentary evidence to its hearings. Take testimony under oath. - (e) Issue orders having the force and effect of law, commanding whatever steps are necessary to bring a violation into compliance. �f Establish and levy fines pursuant to Section 9 Sec. 2 -149 Pena 10 ° ADMINISTRATIVE FINES; COST OF REPAIRS; CONTESTES; LIENS; MONEY JUDGEMENTS. Penaltaes and l shall be as set forth On Flor*da Statutes SeGtmon 162.09. AGENDA ITEM # 8E NOVEMBER 28, 2011 The Board , upon notification by the code officer that an order of the Board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in the section for each day the violation continues past the date set by the Board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the violation is a violation described in Section 7 (4) of this Ordinance, the Board shall notify the City Commission, which may authorize the making of all reasonable repairs which are required to bring the violations /s into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to the section. Making such repairs does not create a continuing obligation on the part of the City to make further repairs to maintain the property and does not create any liability against the City for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for the issuance of the order imposing the fine. A fine imposed pursuant to the section shall not exceed $500 per day for a first violation and shall not exceed $250 per day for or a repeat violation, and, in addition, may include all costs incurred in the enforcing this ordained and all costs of repairs pursuant to this section. If after due notice and hearing, the Board finds a violation to be irreparable or irreversible in nature, it may order the violation to pay a fine not to exceed $5,000 per violation. In determining the amount of the fine, if any, the Board shall consider the following factors: (a) The gravity of the violation; Any actions taken by the violator to correct the violation; and (c) Any previous violations committed by the violator. The Board may reduce a fine imposed pursuant to this section at any time. Notice of finding by the code officer of non - compliance with the prior order of the Board shall be mailed to the violator. The violator may contest in writing the findings of the code officer. Such contest must be postmarked within 10 days of the post mark date on the non - compliance notice and mailed to the administrative staff as designated by the Board. Upon receipt of a contest letter, the Administrative Support Staff for the Board shall provide notice to the violator of the contest hearing date and time. If the violator, after filing the written contest, fails to attend the next noticed meeting, the violator's contest shall be considered withdrawn by the Board. Any review of a contest heard under this section shall be constrained to whether the code officers finding of non - compliance are supported by the evidence presented that the violation as the date of the inspection remained uncured, At the hearing, the burden of proof shall be upon the violator to show, by a preponderance of the evidence that a violation did not exist at the time of the inspection. Upon hearing from the violator or his attorney and the administrative staff, the Board shall either dismiss the case or uphold the finding of the code officer. Following the he failure of the violator to file a contest within the time permitted under the above section, or the upholding of the finding of the code officer by the Board, a certified copy of an order imposing a fine, or a fine plus repair costs may be recorded in the public records of Duval County, Florida, and thereafter, shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable the same manner as a court AGENDA ITEM # 8E NOVEMBER 28, 2011 judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but, such order shall not be deemed otherwise to a court iudgment except for the enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until iudgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the City of Atlantic Beach and the Board may execute a satisfaction or release of lien entered pursuant to this section. After 3 months for the filing of any such liens with remains unpaid, the Board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money iudgment for the amount of the lien plus accrued interest. No lien created pursuant to the provision of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the 'Florida State Constitution. The money judgment provision of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the Florida Constitution. Sec/ 2 -150. Duration of lien Dur-atiGn of liens and fbFeG PFGGeedings shall be as set forth On Florida Statutes SeGtwon 162.10. This pmvisiGn shall apply tG all GGde enfemement board liens whether M No lien provided by this ordinance shall continue for a period longer that 20 years after the certified copy of an order imposing the fine has been recorded, unless with that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien the prevailing party is entitled to recover all costs, including a reasonable attorney's fees that it incurs in the 'foreclosure. The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of the action to foreclose shall not be good against the creditors or subsequent purchasers for valuable consideration with notice, unless a notice of lis pendens is recorded. In circumstances where the City of Atlantic Beach's interest in a property has been foreclosed and the property has been sold at a foreclosure sale, the City's lien is not satisfied but removed from the subiect property by a final iudgment issued by the court. Upon request the City will prepare and record a partial release of lien to release the subiect property from the code enforcement lien upon payment of fees for costs and services charged to the requesting party. Sec. 2. 151. Appeal. Appeals shall be as set foFth on FIGFida Statutes SeGtion 162.11. An aggrieved party, including the City Commission, may appeal a final administrative order of the Board to the Circuit Court. Any such appeal shall be filed with 30 AGENDA ITEM # 8E NOVEMBER 28, 2011 days of the execution of the order to be appealed. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. The Board shall, by rule, establish reasonable charges for the preparation of the record to be paid by the appealinq_party. Section 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission of first reading this day of 2011. PASSED by the City Commission on second and final reading this day of , 2012. ATTEST: Donna L. Bartle, CIVIC Mike Borno City Clerk Mayor, Presiding Officer Alan Jensen, Esquire City Attorney AGENDA ITEM # 8F NOVEMBER 28, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Report on Redevelopment and Zoning Coordinator Position SUBMITTED BY: Jim Hanson, City Mana DATE: November 15, 2011 BACKGROUND: This staff report is in response to a request made at the commission meeting on November 14 for discussion of the newly restructured position for a Redevelopment and Zoning Coordinator. Announcements for this opening were sent out prior to November 14 and applications are being received. It is scheduled to close for receipt of new applications on December 9 This is pursuant to the unanimous approval given by the City Commission on October 10, 2011 of a staff report describing various restructured positions. This restructured position for a Redevelopment and Zoning Coordinator results from two vacant positions being combined to save money and allocate resources to the strategic priorities that have been set by the City Commission. The Mayport Corridor Project was established by the Commission three years ago as the City's most important strategic goal. To accomplish the objectives, new positions were created for a Community Redevelopment Coordinator and two COPs officers. The Commission has confirmed that the Mayport Corridor remains as a strategic goal in each strategic planning workshop since that time, most recently in February of this year. This was discussed extensively in the budget workshops held in August when it was very clear that the Commission wanted to continue providing staff support to these programs even when several positions had to be eliminated to balance the budget. The position for the Community Redevelopment Coordinator was reduced from a full -time to a half -time basis and the number of COPs officers decreased from two to one. The person serving as the Community Redevelopment Coordinator (Dale Hatfield) chose not to serve in a split position and was returned to full - time status in the Police Department as a Sergeant. This left a vacant half- time position in the City Manager's Office for the Community Redevelopment Coordinator. The job of Planning and Zoning Director has remained vacant for several months since the retirement of Sonya Doerr. This vacancy has been held open rather than filled because the economy has been slow and there has AGENDA ITEM # 8F NOVEMBER 28, 2011 been less zoning and development work needed at City Hall compared to normal times and secondly, because other staff were able to temporarily pick up the responsibilities related to the Community Development Block Grant Program that had been assigned to the Planning and Zoning Director. Combining the jobs of the Planning and Zoning Director and the Community Redevelopment Coordinator allows the City to assign the staff necessary to address needs for both zoning and economic redevelopment with the limited resources that are available in the current budget. It also allows for a refocusing of the Mayport Corridor responsibilities to evolve from of a police /crime prevention effort to having a greater emphasis on economic redevelopment and partnership with businesses and outside agencies. The proposed combination and restructuring of jobs, along with the transfer of the vacant one -half position to the Police Department, allows for the continued funding of a second COPS officer which was also discussed by the City Commission in the budget workshops. Again, the proposals for these two steps were described in a staff report presented at the City Commission meeting on October 10 and were unanimously approved by the City Commission. BUDGET: Funds for filling the Redevelopment and Zoning Coordinator position are included in the FY 2011 -2012 budget and no changes are needed. RECOMMENDATION: No action is necessary. This staff report is prepared to give the City Commission the status and background on the filling of this position. ATTACHMENTS: 1) Staff Report dated October 3, 2011 on restructuring positions 2) Vacancy Announcement for Redevelopment and Zoning Coordinator AGENDA ITEM # 8F NOVEMBER 28, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Restructuring Positions DATE: October 3, 2011 SUBMITTED BY: Jim Hanson, City Manager David E. Thompson, Asst. City Manager Michael Classey, Chief of Police BACKGROUND: In the 2011 City budget, the Community Redevelopment Coordinator position was reduced to '/2 of a position where the individual would perform both Police Detective and Community Redevelopment duties. The half time Redevelopment Coordinator position was funded in the City Manager budget, and the half time Detective position was offset in the Police Department budget by grant funds in the amount of $23,574. Since that time, the person filling the Community Development Coordinator position declined the opportunity to fill that position. This provides the City will new opportunities as the City continues to address commercial economic redevelopment while maintaining the police presence on Mayport Road/Atlantic Boulevard. 1. Community Redevelopment Coordinator As discussed during 2011 strategic planning, staff recommends making a transition in focus on the Corridor toward Economic Redevelopment. The City of Atlantic Beach Community Development Director position is currently unfilled. The duties of this position have been largely absorbed by the Senior Planner, Building Official, and Assistant City Manager. The fact that this position is funded and remains vacant provides the City with the opportunity to seek and recruit a planner who has specific education and experience in Community Redevelopment. In the present economy, the City should be able to recruit a planner with a graduate degree, supplemented by specific education and experience in Economic Redevelopment. Although the current, unfilled position is a supervisory position over the Senior Planner, staff recommends that the job description be changed to place the newly hired person at the same level of authority as the senior planner. The new job description will include economic redevelopment responsibilities in addition to more traditional planning functions. Staff also recommends that both planning positions be placed under the Building Official's authority in the organizational structure. 2. Police (COPS) The Police Department has been awarded approximately $105,000 Justice Assistance Grants (JAG) for 2011 -12. These grants are very restrictive, but it is a feasible option to continue funding a currently grant funded position with JAG funding. Two (2) Community Oriented Policing Strategy (COPS) officers were funded by grants last year, and only one (1) COPS officer was approved in the current budget. The residual $23,574 in JAG funding can be used to pay for a second COPS Officer in the present budget, devoting at least 60% of his /her time to the Mayport Corridor. AGENDA ITEM # 8F NOVEMBER 28, 2011 3. COPS Funding An application was submitted for additional COPS funding in 2011 -12, but it was not funded in the present round of COPS grants. Atlantic Beach remains in a similar position with the Jacksonville Sheriff s Office who submitted an application for more than $3 million dollars, which was not funded. The fact that the application was not denied and remains in a pending status is significant for future funding consideration. The most recent jobs bill under consideration includes $5 billion for first responders, including police officers. There have been times in the past when funding became available, and the "pending" list of COPS applications was utilized as the applicant pool for funding. In other words, the unfunded COPS applications may be funded in the future. BUDGET: The recommendations in the staff report redistribute existing funding in the budget, and they will not increase the total expenses in the budget. RECOMMENDATIONS: 1. To authorize staff to restructure positions to replace the Community Development Director position, to reflect the changes noted above, and to authorize staff to recruit and hire a qualified person for the new position. 2. To authorize the modification of the 2011 -12 budget shifting funding from the City Manager's budget for the Community Redevelopment Coordinator position to the Police Department where it will be used with the remaining JAG funding to pay for a 2 nd COPS position on a part time basis. ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: AGENDA ITEM # 8F VACANCY ANNOUNCEMENT NOVEMBER 28, 2 The following position is available with the City of t antic Beach. Applications must be received by December 2, 2011 12 -03 POSITION: Redevelopment & Zoning Coordinator Starting Pay: $47,694 to $63,606 D.O.Q. + benefits S a7; DEPARTMENT: Building � s OPENING DATE: 11/12/11 CLOSING DATE: 12/09/11 QUALIFICATIONS :� Must be a non -user of tobacco or tobacco products for at least one year immediately preceding application and abstain from the use of tobacco or tobacco products during employment with the City. Education and Experience: Bachelor's degree in Business Administration, Public Administration, Urban Planning, or a related field is required. Two to three years economic development experience in municipal management involving coordination, administering and implementing development proposals preferred. Master's Degree or graduate level coursework desirable. Experience and knowledge of Microsoft office and other standard software applications required. Knowledge of ARCView GIS desirable. Licenses and /or Certificates: Valid driver's license with a satisfactory motor driving record. DUTIES Develops policies and programs to promote economic development in the City that results in job creation, capital investments, and expanded tax bases. Manages maintenance of critical information desired by development prospects such as economic data, land /structure availability, demographic and psychographic data, and general market information in a readily accessible manner. Represent the City in partner organizations such as Jacksonville (Duval County) and the other Beaches Cities as well as state and federal agencies. Provide recommendations on Zoning Ordinance /Comprehensive Plan update. Assist with the activities involved in administering existing City codes through building permits, variances and exceptions. Provide staff support, reports and support to the City Commission and Community Development Board. Explain and interpret zoning codes and regulations to builders, developers, and the general public. Serves as liaison between civic groups, private and public agencies in solving Community Development issues. Conducts examination of building plans, specifications, blueprints, surveys and sketches for compliance with codes and regulations governing land use and zoning. Prepares and submits applications for Community Development Block Grant Funds and manages programs. Prepares and disseminates a wide variety of information materials (collateral) representing City businesses and services through the use of brochures, newsletters, flyers, articles, commercials, radio, print advertising, special presentations, signage and related materials. Performs other related duties as assigned. KNOWLEDGE, SHILLS AND ABILITIES Comprehensive knowledge of business development, factors affecting business and community vitality, tools for enhancing economic opportunity, and the relationship between community and economic development. Ability to communicate effectively with groups and individuals, organizations, elected bodies, business prospects, and development and finance professionals regarding issues and opportunities related to economic development. Knowledge of the principles, techniques and objectives of Community Development Block Grant programs; urban planning; Florida laws; zoning codes; licensing activities; comprehensive land use planning and development regulations. Ability to read and interpret construction plans, plot plan specifications, surveys and sketches, blueprints, and make recommendations accordingly. Ability to establish and maintain effective working relationships with private and public agencies, organizations and individuals. Submit application to: City of Atlantic Beach, Human Resources 800 Seminole Road, Atlantic Beach, FL 32233 Phone (904) 247 -5820 Web address: www.coab.us No smokers /tobacco users. Drug testing conducted. EOE. AGENDA ITEM # 8G NOVEMBER 28, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING COMMISSIONER REPORT AGENDA ITEM: Redevelopment & Zoning Coordinator SUBMITTED BY: Commissioner Carolyn Woods DATE: November 18, 2011 BACKGROUND: As the past and current commission has expressed interest in improving our economic development and business districts within the city, the decision was made to seek a Redevelopment & Zoning Coordinator. However, because the commission has not held the Town Hall meetings with citizens to garner citizen input, nor acted on this input during the strategic planning process to develop goals and objectives for this position it is unclear what skill set this person should really possess. In addition, the city currently has staff with the skills and education required for this position as advertised. The city will also be undergoing an organizational review that will help to better allocate staff and their particular skills to the requirements of the city. For these reasons and because of the financial impact of hiring another employee at this time on our already strained budget and underfunded pension system it would be in the best interest of the city to postpone hiring a Redevelopment & Zoning Coordinator at this time. BUDGET: Save a minimum of a' /2 year salary, between $23,847 - $31,803 plus benefit and pension costs. RECOMMENDATION: 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 as well. At that time determine what new position is required if any. AGENDA ITEM # 8H NOVEMBER 28, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING COMMISSIONER REPORT AGENDA ITEM: City Government Organizational Review SUBMITTED BY: Commissioner Carolyn Woods DATE: November 21, 2011 BACKGROUND: With the current economic reality and the many changes that have been made over the past years, it is time to review the organization of the City Government. The annual Pension Actuarial Reports indicate that over the past 10 years the number of City employees have increased by 13 general employees and by 0 police officers. During this same period, many improvements and changes have been made to the City that may require fewer employees to maintain. Additionally the City population has been reduced from 13,368 to 12,670. Based upon these factors, it is in the best interest of the City to have an "outsider" perform a complete review of the entire organizational structure of the City government to determine and advise the commission on what changes, could /should be made to increase the overall effectiveness or efficiency. This should be by an independent professional consultant. As our City Charter authorizes the Commission to create, change or abolish offices, departments, authorities or agencies it is within our purview and our duty to periodically provide organizational oversight. In order for the review to be of the highest and best use it should be finished before the Strategic Planning process starts in early spring. BUDGET: One source of funding for the Organizational Review could be the savings from current vacant positions within the City. Cost could vary from $20,000 - $50,000. Savings could far exceed the cost and would be exponential over time. RECOMMENDATION: Direct staff to provide a comprehensive Request for Proposals for the Commission's approval and also to research qualified agencies based on their experience with other government's reviews and understanding of Florida laws and regulations, for the commission to interview and select from to perform the review. AGENDA ITEM # 8I NOVEMBER 28, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING COMMISSIONER REPORT AGENDA ITEM: City Commission Meeting Time SUBMITTED BY: Commissioner Carolyn Woods DATE: November 21, 2011 BACKGROUND: As our business is the citizens' business and there have been many citizen requests to begin the commission meetings at a time more convenient for our working citizens it is time to adjust the starting time of the Commission Meetings. BUDGET: There is no impact on the budget. RECOMMENDATION: Direct staff to prepare an ordinance changing the starting time of the commission meetings to 7:00 pm. AGENDA ITEM # 9A NOVEMBER 28, 20I 1 November 21, 11 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanso City Manager SUBJECT: City Mana is Report Change Order for Wastewater Plant Project; An emergency purchase order which resulted in a change order was approved on November 8 in the of $15,788.35. This is the cost to re -route a 24 -inch influent pipe because of a conflict that was discovered with an existing footer for an aeration tank. Essentially, the existing tank foundation was poured up to and around an existing aeration pipe which prevented the contractor from connecting to the 24 -inch influent piping line without having to remove portions of the foundation. A less expensive option of re- routing approximately 25 feet of the 24 -inch pipe was determined as the best course of action. This was approved on an emergency basis because any delay would have delayed the job and would probably have resulted in additional costs being due to the contractor. This job has a contingency amount established at $238,140. Previous change orders have totaled $38,766. Once this amount is added, there will be a remaining contingency of $183,585. Generally, the job is going very smoothly from a contingency standpoint when considering that the contractor is working around equipment that has been installed through several generations of plant upgrades. Workshops Scheduled Three workshops have been scheduled for the Commission as follows; • Tuesday, December 6 th at 6:00 p.m. Pension Reform This workshop will include an extensive review of the current pension plans, past amendments made, options to reduce City costs and related topics. It will provide the opportunity for public comments limited to three minutes per person at both the beginning and at the end of the workshop. • Monday, December 12 at 5:00 p.m. Marsh Master Plan Consultants will make a report of their status at 60% completion of the work. This workshop will be completed prior to the 6:00 p.m. start of the regular commission meeting. • Wednesday, December 14 at 6:00 p.m. Police Building This workshop will be to review the history and status of the police building project as well as to discuss possible next steps including the creation of a committee to study options. AGENDA ITEM # I OA NOVEMBER 28, 2011 GUE p R � p10010� -� 0 �' d�za 20 'A m CT10N A Gw E RNO DAJ ENERGY Proposed Policy Statement: The Florida League of Cities will support legislation that establishes a statewide policy on energy development and conservation, that prioritizes and incentivizes the development and implementation of renewable and alternative energy and transportation fuel sources, and that authorizes local governments to make use of the $190 million in Qualified Energy Conservation Bond capacity allocated to Florida. Background: The cost of electricity and other fuel sources to Florida's cities, citizens and businesses has significantly increased in recent years and is likely to continue to do so. Increased costs negatively affect everyone's pocket books, as well as economic activity and growth. Developing cost - effective methods to lower electric and other fuel source expenses is critical to maintaining our state and local economies. Cost - effective methods cannot focus exclusively on expanding traditional electric generating facilities or relying solely on fossil fuel sources. While in the past various measures have been attempted to increase renewable or alternative energy sources, the state, working with cities and other interested parties, must either provide or authorize cities to provide appropriate incentives for the development and implementation of renewable and alternative energy and transportation fuel sources. Qualified Energy Conservation Bonds (QECBs) provide an opportunity for economic development and a move toward energy efficiency. QECBs are federally - supported tax - credit bonds issued by local or state governments for projects related to energy conservation. Action by either the Governor or Legislature is required to access the $190 million in QECBs allocated to Florida. Status: Several bills relating to energy have been filed for consideration during the 2012 Session. These include proposals authorizing local governments to create "energy zones" to encourage "green" job development and energy efficient land use patterns. Legislation also has been filed repealing various state imposed standards on solar energy systems, and repealing the requirement that gasoline sold in Florida contain 10 percent ethanol. AGENDA ITEM # 10A NOVEMBER 28, 2011 + 1 3E � ter; ;cz� -� ??� +sJ� 2012 LEGISLATIVE ` �� I ; WATER POLICY Proposed Policy Statement: The Florida League of Cities will support legislation that assures cities retain the tools necessary to achieve federal or state water quality standards, such as standards on total maximum daily loads or numeric nutrient criteria, at the lowest possible cost to cities. To accomplish these various standards, cities must have broad regulatory authority, such as controls on storm water discharge, septic tanks and fertilizer use. Additionally, the Florida League of Cities will support legislation that clarifies reclaimed waters are not "waters in the state" an d should not be subject to regulatory action by water management districts. Background: The federal Environmental Protection Agency (EPA) has imposed water quality standards that result in substantial unfunded mandates to Florida's cities. These standards include, but are not limited to, total maximum daily loads, storm water treatment standards, and numeric nutrient criteria for various bodies of coastal/inland waters. VAhile cities are not necessarily opposed to the goals of these water quality standards, the federal and state governments must recognize and provide for the expenses associated with meeting the standards. Additionally, the federal and state governments must recognize that cities must retain the authority to regulate numerous "contributors" to poor water quality, based on unique local circumstances. Thus, there should be no preemption of the authority of cities to regulate storm water discharges, septic tanks, fertilizer use, and other "contributing" factors to poor water quality. Status: HB 79 (Coley), SB 114 (Evers) and SB 178 (Lynn) all repeal the mandatory once every 5 -year septic tank inspection program in some manner. BB 421 (Smith) and SB 604 (Dean) exempt persons who hold a limited certification for urban landscape commercial fertilizer application from local ordinances that provide for the use, purchase, and application of fertilizer. The League opposes this provision of BB 421 and SB 604. On November 2, 2011, the federal Environmental Protection Agency sent a letter to the Florida Department of Environmental Protection expressing conditional support of Florida's proposed rules relating to establishing numeric nutrient criteria for Florida's water bodies. Because these rules have a financial impact on businesses and local governments, the rules must be ratified by the Florida Legislature. These rules will be the focus of much attention during the 2012 Session. AGENDA ITEM # IOA NOVEMBER 28, 2011 2012 LEGISLATIVE ACTION AGEN (*b i �« P �►' Municipal Police Officer and Firefighter Pension Plans And Disability Presumptions Proposed Policy Statement: The Florida League of Cities will support legislation that provides comprehensive municipal firefighter and police officer pension reform. Any comprehensive pension reform package should address the use of the insurance premium. tax revenues by repealing the mandate for cities to perpetually provide new, "extra" pension benefits for police /fire, to allow cities the ability to adjust pension benefits and provide for accountability by police /fire pension boards of trustees. The reform package should also include modifications to the current statutory disability presumptions for firefighters, law enforcement officers, and correctional officers relating to tuberculosis, heart disease, or hypertension. Background: In 1999, the Legislature amended chapters 175 and 185, Florida Statutes, relating to firefighter and police officer pensions to state that additional premium tax revenues over a base amount must be used to provide "extra" benefits in firefighter and police officer pension plans. Combined, this mandate has required municipalities to provide over $460 million in "extra" pension benefits to firefighters and police officers since 1999. The Legislature has also transferred all operational and administrative control of police /fire pensions to statutorily created boards of trustees. These boards of trustees are not required to provide fiscal transparency or accountability for substantial amounts of public funds. In 2011, the Florida Legislature passed Senate Bill 1128, which made the first steps in reforming municipal pension plans. The legislation addressed issues such as prohibiting "spiking" of pension benefits by restricting the use of overtime and unused sick or annual leave payments for pension purposes, and eliminating the requirement in Chapters 175 and 185 that pension benefits be increased whenever member contributions are increased. A Task Force on Public Employee Disability Presumptions was also created to study the issue of various disability presumptions for firefighters and police and corrections officers. The Task Force report and recommendations must be submitted to the legislature by January 1, 2012. Current Status: Representative Costello has filed HB 365 and Senator Hays has filed SB 910 dealing with municipal police/ fire pensions and police /fire /correctional disability presumptions. The League of Cities supports these bills. AGENDA ITEM # l0A NOVEMBER 28, 2011 2 Uff"I Z L EGASLA' IVE E tE�n a ;. sy 1i 5' .zt' ." Pa man 0 SAO A on In 0 UN Is } DA Communications Services and Local Business Tax Protection Proposed Policy Statement: The Florida League of Cities will oppose legislation that modifies, restricts or eliminates the authority of municipalities to levy, collect and/or expend the communications services tax and the local business tax. Background: Communications Services Tax In 2002, the Florida Legislature established the Communications Services Tax Simplification Law. The communications services tax (CST) replaced and consolidated several different state and local taxes and fees into two taxes: the Florida CST and the local CST. The Florida CST is applied at a rate of 6.65 percent to all communications services except direct -to -home satellite services, which are taxed at a rate of 10.8 percent. Municipalities have the authority to levy the local CST up to a rate of 5.1 percent, but currently vary by jurisdiction, and are not applicable to direct -to -home satellite services. The Florida CST and the local CST are collected by communications service providers and remitted to the Department of Revenue (DOR), who distributes the proceeds to the appropriate jurisdictions. Local Business Tax Currently, a municipality may impose a local business tax for the privilege of engaging in or managing a business, profession, or occupation within its jurisdiction. The amount of the tax and the occupations and businesses that the tax is imposed on are determined by the local government. Local business tax revenues collected by local governments are used to assist in the funding of services critical to business such as zoning, permitting, code enforcement, and police and fire. Local governments may also use the business tax revenues to help fund economic development programs, presenting a direct benefit to businesses through the marketing of local areas. Many municipalities use the business tax as general revenue funds and have pledged these revenues to secure debt. Collections for municipal local business tax revenues were $120 million for 2009. Current Status: There is a Department of Revenue proposal that would eliminate the authority of municipalities to levy the Communication Services Tax. The tax would instead be levied by counties and dispersed to municipalities by a distribution formula. The League of Cities opposes this bill. Representative O'Toole has filed HB 4025 and Senator Hays has filed SB 760 repealing the authority of cities to levy the Local Business Tax. The League of Cities opposes this bill. Representative Roberson has filed HB 361 and Senator Hays has filed SB 770 granting an exemption from the Local Business Tax to specific individuals in the real estate industry. The League of Cities opposes this bill. AGENDA ITEM # l0A NOVEMBER 28, 2011 , A im date xrr 1 Zu z L E (i I L AT I V E MIR A L 0 N 1 10 1 G E N ... D A Campus Development Agreements Proposed Policy Statement: The Florida League of Cities supports the continued funding to mitigate fully the impacts of State University System campus development on host local governments and supports maintaining Campus Development Agreements. The repeal of section 1013.30, Florida Statutes, would eliminate a proven and effective mechanism that addresses the impacts of campus development on local infrastructure. Background: Currently, section 1013.30, Florida Statutes, requires that a Campus Development Agreement be formed between the State University System (SUS) campus and host local government. These agreements address impacts on local infrastructure and services that additional density and development of the university have on the surrounding community. The agreement requires the SUS to pay a fair share of the costs of mitigating those impacts to: stormwater management; potable water; sanitary sewer; solid waste collection and disposal; parks and recreation; transportation; and fire and rescue services. The SUS, historically, has paid for the impacts through the SUS Concurrency Trust Fund, which is no longer being funded by the Florida Legislature. Repeal of this section would leave local governments on the hook for adding density, intensity, increased levels of service on roads, additional capacity for fire and rescue, etc of a state university. It is imperative that the Campus Development Agreement process continue unchanged, thus continuing to embrace the university and host community partner relationship. Current Status: There have been no bills filed during committee weeks of the 2012 Legislative Session dealing with a repeal of section 1013.30, Florida Statutes. During the 2011 Legislative Session, SB 632 ( Oelrich) contained the aforementioned provision. Senator Oelrich has assured the League that he would not follow a similar bill in 2012. The State University System Board of Governor's lists as their first legislative priority a repeal of the Campus Development Agreement process. AGENDA ITEM # IOA NOVEMBER 28, 2011 �aUE Q y � I' �Sluy "c�i TY.L6��S;L(EV � J} j W 5 L 2012 L"( AR"T Aft IL I e►, a A0 luim A(SENDA Pending Ordinance Doctrine Proposed Policy Statement: The Florida League of Cities supports maintaining the home rule authority of municipalities in the local application of the Pending Ordinance Doctrine. Background: During the 2010 legislative session the issue of what local regulations should govern an application for a permit or development order arose. In many states, the law in effect at the time of the permit application governs the issuance of the permit. Local governments may not reject a building permit based on pending zoning restrictions. However, in Florida some courts and a number of local governments (by ordinance) have adopted the "pending ordinance doctrine. "1 The doctrine holds that a building permit or development order application established on or after the date when a local government has publicly declared its intent to change its zoning scheme may be denied or held until after the enactment of the new zoning ordinance. Local government decisions should be given the deference to declare its intent to enact new ordinances. Current Status: There have been no bills filed during committee weeks of the 2012 Legislative Session dealing with the pending ordinance doctrine. During the 2011 Legislative Session there was an attempt to add language to the comprehensive growth management bill (HB 7207) as a late -filed amendment. Those efforts ultimately were unsuccessful. AGENDA ITEM # I OA NOVEMBER 28, 2011 -GU E 0p 20 LEGISLATIVE f a r� ` : NDA r Economic Development Proposed Policy Statement: The Florida League of Cities will support legislation that promotes state agency coordination with local entities through providing increased technical assistance, building public infrastructure and urban infill projects and programs, and offering appropriate business incentives that support local economic development. Background: Over the past two years, the Florida Legislature has focused on the area of economic development as a way to restart Florida's economic engine and create more jobs for Floridians. Last year, several measures were passed by the Legislature to accomplish this goal and getting Florida back to work also continues to be a major focus of Governor Rick Scott, who has pledged to create 700,000 permanent Florida jobs over the next 7 years. One of those measures was the creation of a new agency, the Florida Department of Economic Opportunity, which was developed with the sole purpose of coordinating efforts to ensure Florida has a thriving climate for businesses that seek to start, relocate, or expand in Florida. Last year, the League adopted an economic development package as a legislative priority which included creation of an economic development policy, support for the state and local government housing trust fund, and investment in low risk public infrastructure. Status: Through several surveys, panel discussions and public presentations, the League has sought to determine how best to work with our state partners. Economic development continues to be an important focus for the Florida Legislature, the Governor and other important and influential stakeholders. We will continue to engage these entities by looking to develop partnerships and collaborations and provide counsel on how best to accomplish the task of getting Florida's economy back on track. AGENDA ITEM # I OA NOVEMBER 28, 2011 AGUE pp �u E ACTINN AGEN Residential Group Homes Proposed Policy Statement: The Florida League of Cities will support legislation that requires community residential homes to notify local governments upon application and adhere to local municipal standards of occupancy where onsite substance abuse treatment must be provided by a licensed service provider. Background: Many cities have had a difficult time dealing with the public perception of community residential homes or "sober homes ". Community Group Homes may be defined as homes which are purchased in single family residential neighborhoods and then converted to treatment residences for persons with drug addictions or physical disabilities. Many of the operators of these homes are not regulated and are not usually licensed service professionals. This issue goes to the heart of what is commonly known as the NIMBY (Not In My Back Yard) syndrome. While residents would readily admit that group home residents deserve reasonable housing accommodations, no one wants those accommodations to be in their own residential neighborhoods. In order to make wise and prudent decisions and to work with citizens and other stakeholders, city leaders seek to have legislation adopted that would better define community group homes and that would require that a community be advised when an application is submitted for site approval- of community residential homes with six or fewer residents within single or multifamily zoning areas, regardless of their proximity to another such home. Status: Senator Ellyn Bogdanoff and Representative Patrick Rooney are potential bill sponsors of legislation concerning this topic. This is only the second year that legislation concerning this topic has been filed. AGENDA ITEM # I OA NOVEMBER 28, 2011 * yF G� IDp Iff- 'T Y mg 2 1 2 L O R A G 1 '051 LATIVE m C - 1 1" R N N A(G E N D A A U Sst i 7. i Effective Public Notice Proposed Policy Statement: The Florida League of Cities will support legislation that authorizes municipalities to provide effective public notice and advertising for various appropriate matters, not to include ad valorem taxation millage setting, by means other than newspapers, such as direct mailings, physical posting of property, Internet posting, free publications, government access television channels, and other suitable alternatives. Background: Numerous statutory provisions require cities to provide public notice or advertising in local newspapers. Most cities spend tens of thousands of dollars or more a year to meet these newspaper advertising requirements. Newspaper ads are required for many city activities, such as ordinance adoption, annexations, budget adopting, comprehensive plan changes, bidding and purchasing, notice of meetings, redevelopment activity, and land use changes. Laws should be changed to authorize cities to provide effective public notice and advertising for various appropriate matters by means other than newspapers. Depending on the particular circumstances, such advertising could be accomplished by using direct mailings, physical posting of properties, Internet posting, free publications, government access television channels, and other suitable alternatives. The goal is to provide public notice in the most effective manner at the lowest possible cost to the citizens. Ad valorem millage setting notices should continue to be provided in newspaper ads. Status: SB 292 (Bennett) authorizes cities to use their publicly accessible website for legally required advertisements and public notices. There are no bills currently filed in the House, but League staff expects legislation on the topic to be filed in the coming weeks. AGENDA ITEM # I OA NOVEMBER 28, 2011 piff Op 2 2 01' LE' aw l"LATIVE K I 1UN AGEN Public Safety Telecommunicator Certification Exemption Proposed Policy Statement: The Florida League of Cities will support legislation that exempts certified law enforcement officers from having to also be certified Public Safety Telecommunicators to allow them to serve as "Temporary" Public Safety Telecommunicators. Background: The Florida Legislature passed legislation in 2010 requiring all public safety telecommunicators to complete a 232 hour training program and pass a certification examination by October 1, 2012. The bill included language allowing sworn law enforcement officers and employed public safety telecommunicators hired prior to April 1, 2012 an exemption from the course work provided that they pass the certification exam. Law enforcement officers hired after April 1, 2012, that are used as "temporary" public safety telecommunicators will be forced to complete the lengthy training program and also pass the certification exam. After comparing the proposed curriculum and the training that cadets in the law enforcement academies receive, much of the coursework was found to be redundant. Legislation was filed during the 2011 legislative session that would require sworn law enforcement officers who work as "temporary" public safety telecommunicators to successfully complete a 40 hour supplementary training program. This training, developed and distributed by the Criminal Justice Standards and Training Commission with the Florida Department of Law Enforcement (FDLE), would be in lieu of the 232 hours currently required of public safety telecommunicators. SB 890 (Dean) passed the Senate, but died in House messages. Status: The Florida League of Cities has been working closely with the Florida Police Chiefs Association and both associations have worked to find bill sponsors. Senator Dean has again filed the bill and a House version will be filed in the next few weeks. It is expected that the legislation will be amended to require officers to pass the certification exam before serving as a "temporary" public safety telecommunicator. If the officer cannot pass the certification exam, they will then be required to take the 40 hour "Bridge" Course offered by FDLE. Only after completion of the bridge course will those officers be eligible to take the certification exam again. It is worth noting that "temporary public safety telecommunicator" will be defined as a person working in the position for less than a certain amount of days per year.