Agenda Packet 2-13-12CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
February 13, 2012 - 6:30 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of January 23, 2012.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow -up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report for January
2012 and the Utility Sales Report for December 2011.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 12 -02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING
CONTINUATION OF THE ST. JOHNS RIVER FERRY.
B. RESOLUTION NO. 12 -03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA TERMINATING THE
APPOINTMENT OF ALAN JENSEN AS CITY ATTORNEY, AND FIXING THE
TERMINATION DATE AND TERMS. (Commissioner Woods)
7. Action on Ordinances
A. ORDINANCE NO. 20-12-114, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND
ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Public Hearing on UBE -12- 00100005, request from Dominic Jacobellis,
CARBUYERLINK.COM LLC d/b /a Beachside Ride, for a use -by- exception to permit
used automobile sales as consistent with Section 24- 111(c)(10), within the Commercial
General (CG) Zoning District on a property located at 1800 Mayport Road, Suite 12.
(City Manager)
B. Report on Animal Control. (City Manager)
C. Creation of Police Building Committee. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. Rescind the commission's action taken on Monday, January 23, 2012, regarding
terminating the city attorney's contract without cause to be effective sixty (60) days from
that date. (Mayor Pro Tern Mark)
B. Review of procedure used to terminate City Attorney at last commission meeting. (Mayor
Borno)
C. Direct staff on steps to replace City Attorney. (Commissioner Woods)
D. Request to review the terms of the contract for the city attorney position at the upcoming
strategic planning workshop. (Mayor Pro Tern Mark)
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter is
stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk by 5:00 PM, Friday, February 10, 2012.
2
MINUTES
REGULAR CITY COMMISSION MEETING
January 23, 2012
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno
City Attorney Alan C. Jensen
Mayor Pro Tem Maria Mark
City Manager Jim Hanson
Commissioner Mark Beckenbach
City Clerk Donna L. Bartle
Commissioner Jonathan Daugherty
Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation,
followed by the Pledge of Allegiance to the Flag.
1. Approve the minutes of the Regular Commission Meeting of January 9, 2012.
Motion: Approve the minutes of the Regular Commission Meeting of January 9, 2012.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the
process for public comments.
Dorothy Kerber, 365 1st Street, addressed the Commission regarding lack of participation of the citizens of
Atlantic Beach. She stated some of them could be serving on committees but they have never taken the time
to fill out the form necessary to show what their interest is or what their expertise might be that would be
helpful to the City. She stated she believes this is really appalling. She stated she was brought up to vote as
soon as she was old enough and has participated in every election since she was old enough to vote. She
stated she believes this is a real privilege in our country and believes so many of our people have ignored it.
She stated she has a list of all the mayors and commissioners who have served since 1956. She stated she is
very interested in what is happening in our City now, as she was in 1956. She stated she has served on
committees, the Board of Adjustments and the Hospital Board and is not one of those people who says you
should do so and so. She stated she does things because she knows they are needed and we need people who
will take the time to do it. She stated she has watched the commission over the years and every mayor has let
people who are in the audience know that we have certain standing committees. She stated those committees
are necessary to carry on the planning process for so many things that happen in our City. She stated many
people say that they just don't have time. She stated they have time for the things they want to do and if you
don't take the time to do the things that need to be done, then don't blame somebody else. She stated she has
never been in the position to blame somebody else for not doing something. She stated she usually has more
things on her plate than she can handle. She stated she is very disturbed about somebody wanting to know
exactly how we have people appointed to committees. She stated the Mayor has always been the one who
would bring up people to possibly serve because of their background. He stated then if the Commission
January 23, 2012 REGULAR COMMISSION MEETING Pace 2
doesn't like somebody that has been selected they can discuss it at the Commission meeting, but the Mayor
has appointed Committee members since 1956. She then gave history on the previous mayors. She stated
what bothers her the most is that we have people who live here for 15 and 20 years and all of a sudden they
are very interested in what is happening in City Hall and there have been remarks made that they are hiding it,
there is no transparency. She stated if you had been here at the meeting you wouldn't need any more
transparency than we get. She stated if there is something she has a question about, she has never been
refused answers when she came to City Hall and asked a direct question. She stated she has had people who
have told her they can't get information. She stated she doesn't understand that; if you are nice to everybody,
you don't have any problem. She stated if you go up there and tell them off, then she can understand they
might be a little bit slow but you will still get the information. She stated this is one of those things she has
had on her mind and her conscience about not having people understand that you have to treat people the way
you want to be treated. She stated we have so many talented people in this City but so many of them are
doing other things that they never offer their time to do something for the City.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow -up Report.
None.
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 Monthly Financial Report and Building Department Report for 2011.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Item A as read.
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
January 23, 2012 REGULAR COMMISSION MEETING Page 3
7. Action on Ordinances
A. ORDINANCE NO. 20-12-113, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012.
Mayor Borno read Ordinance No. 20 -12 -113 by title.
Motion: Approve Ordinance No. 20 -12 -113.
Moved by Woods, Seconded by Mark
Mayor Borno opened the Public Hearing,
Mayor Borno explained the adjustments to the budget were due to receiving a Justice Assistance
Grant and capital expenses outlay for the Police Department for surveillance equipment.
No one from the audience spoke so he closed the Public Hearing.
Commissioner Daugherty asked if there is anything else we could spend this money on other than
surveillance equipment, such as the evidence room. Chief Classey stated, no, the terms of that grant
require what it is used for. Commissioner Daugherty asked if they have looked at any short-term
solutions for the evidence room. Chief Classey stated they are looking at that now.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination
Group (NFUCG) to Assess Groundwater Sustainability in Northeast Florida.
Public Utility Director Donna Kaluzniak explained the agreement stating it was started in 2009 with nine of
the utilities in Northeast Florida when the water supply planning process began with the Water Management
District.
Motion: Approve the Memorandum of Agreement between the City of Atlantic Beach, Clay County
Utility Authority, City of Gainesville, City of Green Cove Springs, City of Jacksonville Beach, JEA,
City of Neptune Beach, Town of Orange Park and St. Johns County to Assess Groundwater Resource
Sustainability in Northeast Florida and authorize the City Manager to sign the Agreement.
Moved by Woods, Seconded by Daugherty
Ms. Kaluzniak answered several questions from the Commission, giving an overview of what has been done
since 2009 and stated she could begin to give regular interim reports if they would like.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
January 23 2012 REGULAR COMMISSION MEETING Page 4
B. Sewer Rehabilitation for FY12.
Ms. Kaluzniak stated this is a continuation of our sewer program that was recommended by the sewer master
plan in 2006. She stated she is asking again to piggyback on JEA's contract with Insituform for sewer lining
and Concrete Conservation, Inc. for manhole rehabilitation and to use our own utility contractor for any point
repairs that they find and also to put a little aside for contingency. She showed a slide of the sanitary sewer
rehabilitation — Status FY 2011, pointing out where they will be working and explaining the color coding on
the map and what needs to be done in each area, explaining the pink areas are the areas they know they still
need to line.
Motion: Authorize Insituform Technologies, Inc. to install cured -in -place pipe (CIPP) for the FY12
Sewer Rehabilitation Project in the amount of $206,703 using specifications and pricing in JEA
Contract No 116616 Authorize Concrete Conservation, Inc. to provide manhole rehabilitation for the
Project in the amount of $19,968 using specifications and pricing in JEA Contract No. 113044.
Authorize Gruhn May, Inc to install manholes in place of terminal cleanouts and tees in the amount of
$43,243 using the pricing in Bid No. 1011 -02. Authorize a contingency of $30,085 to be used for any of
the three contracts as needed Authorize the City Manager to sign the contracts with Insituform
Technologies, Inc. and Concrete Conservation, Inc.
Moved by Daugherty, Seconded by Mark
Commissioner Beckenbach asked what the timetable is for everything to be completed. Ms. Kaluzniak stated
it will depend on funding but believes in 5 -7 years they will finish the pink areas.
Commissioner Mark asked if the pink areas were based on age or condition. Ms. Kaluzniak stated they are
the oldest part but the worst was the core city which has already been done.
Mayor Borno asked if most of the blue areas were already PVC. Ms. Kaluzniak stated they were.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
C. Clarifier Repairs at Wastewater Treatment Plant #1.
Ms. Kaluzniak explained clarifiers stating they are like large settling tanks, showing slides of the needed
clarifier repairs that were found. She explained they requested quotes from both WPC who is doing the
project and their annual contractor. She stated staff is asking for approval to blast and coat those areas
needing repairs stating the cost is $29,428, as a change order to the project using the contingency funds. She
further explained other areas that may need repairs in the future, but stated they would come back to the
Commission for approval if those are found to be necessary.
Motion: Authorize WPC Industrial Contractors, LLC to complete the clarifier repairs in the amount
of $29,428, as Change Order No. 5, and authorize City Manager to sign the Change Order.
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
January 23, 2012 REGULAR COMMISSION MEETING Page 5
9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported on the 5 t ' Annual Breast Cancer Marathon which will be held February 12
and will start 30 minutes earlier because of the tides. Discussion ensued regarding traffic control.
He further reported on a claim against the City related to a person stepping into an uncovered water valve.
He stated the incident occurred on October 7, 2011 and the City was notified several days later. He stated
staff found two valve covers missing and immediately replaced them. He stated we do have insurance for this
type incident and they have turned it over to the insurance carrier.
Mr. Hanson stated Ms. Kaluzniak has prepared an extensive report on water loss, as requested by the
Commission, and also an update report on meeting our TMDL guidelines.
Ms. Kaluzniak gave a slide presentation on the types of water loss, explaining the difference between real,
unavoidable and apparent water loss. She also explained the proactive measures they are taking to reduce
water loss. She explained her recommended actions for the water loss program, including continuing with
current FY program of meter testing/repair /replacement, leak detection, etc. She further explained another
idea for reducing apparent water loss would be to upgrade the touch -read metering system to advanced
metering infrastructure whereby all meters report to a fixed location through radio transmission, but stated it
is very expensive to implement at around $850,000. Ms. Kaluzniak and Mr. Hanson answered several
questions from the Commission.
Ms. Kaluzniak also gave an update report, with a slide presentation, on the TMDL construction status for
WWTP #1 improvements. She pointed out that the force main was completed in May 2011, ahead of
schedule, with a negative change order of $9,000. She further explained some of the challenges they have
had with equipment delivery, as well as operational and logistical challenges. She stated they have had great
teamwork among the city staff, engineers and contractors. She stated the deadline for TMDL compliance is
10/1/13 and the current construction completion is scheduled for Fall 2012 and then they begin their start-up
and training activities as part of the engineering contract. She further discussed DEP's numeric nutrient
criteria and recommended the Commission support that rule. Ms. Kaluzniak answered questions from the
Commission.
10. Reports and /or requests from City Commissioners and City Attorney
A. History of creation and appointment of committees.
Mayor Borno asked if anyone had questions for the City Clerk regarding her report. Commissioner
Daugherty stated he was very impressed with the thoroughness of the report and it gives the history of the
way they have done things. He stated he knows there are a couple of people here who do not agree with the
way we have always done things and believe we should do things differently. He stated there is a precedent
and it is very clear. He discussed neutral orientation, whereby a committee member should not have a strong
opinion either way on an issue, stating he believes anyone on any committee should begin their service with a
neutral orientation. He stated he hopes when they do select the committee they find people who have a
neutral orientation and can look at this objectively.
Commissioner Beckenbach stated he noticed that as well, but also noticed there were a number of times in
which the City actually had votes for the different committees as well. He stated he believes if there are
January 23. 2012 REGULAR COMMISSION_ MEETING Page 6
appointments they should be okayed by the Commission. He stated he is not disagreeing that the Mayor does
have the opportunity to appoint certain committees but he also believes the Commission has that same
opportunity. He further stated if there is an appointment the Commission has that opportunity to vote.
Commissioner Woods brought up Roberts Rules stating when it says appointed by, it actually clarifies it by
stating the appointment is made but then the vote has to be taken.
Mayor Borno thanked the City Clerk for her report, stating it shows there were votes and there were non-
votes and the way he reads it is that it depends on each situation.
B. Continue discussion regarding City Attorney's opinion on Committees.
Commissioner Woods stated this issue they have been talking about and the long discussions they have been
having about the City Attorney's opinion on committees has shed light on the need to have a City Attorney
whose advice all members of the Commission are comfortable with. She stated this issue has made it clear
that it is time for the City to part ways with Alan Jensen. She stated there are three ways the Commission can
do this: (1) Mr. Jensen could have resigned, but at this point, it would look a little bit like coercion, so she is
not sure that is still an option; (2) the Commission can simply vote to terminate his contract; or (3) the
Commission can vote to terminate his contract with cause. She stated she has prepared a motion she believes
is fair and passed it out to the Commission while reading it to them. She stated she would appreciate a
second so they can discuss it. Commissioner Mark seconded, then stated I guess you have to read the motion.
Commissioner Woods stated yes, she will read it.
Motion: As the Commission recognizes Alan Jensen's long service to the City and as the Commission
has the responsibility to protect the City's interest and provide for its legal integrity it is the
Commission's duty to hold the City Attorney accountable for their professional actions as regards the
City. It is regretful that the Commission does hereby find cause for termination of Alan Jansen. Such
termination shall be effective immediately. Mr. Jensen shall immediately surrender all City records
and related materials as required by law. The City Clerk and only the City Clerk shall in the morning
take and maintain possession and responsibility of all of these public records. The City Manager is
authorized to prepare and the Mayor to sign a letter of termination outlining these stipulations.
Moved by Woods, Seconded by Beckenbach
Mayor Borno stated there was a lot of documentation here and he did not believe it is fair to take action on
this immediately, based on this, without the opportunity to digest the information Commissioner Woods
passed out. He stated he believes that is a sheer courtesy you would owe to anybody. Commissioner
Daugherty was in agreement with Mayor Borno, stating he has had different heartbums thinking about Alan
Jensen over the last two years. He stated he has looked closely at his contract, he has talked to him about
different issues, etc. and as far as the rate we are getting, it is a phenomenal rate with him and will pay more
for anybody else. He stated with that being said, and literally with a quarter to half inch of paper, this could
have been given to the City Manager a week ago and included in the agenda packet and the Commission
would have had time to review it before making a decision. He stated he pretty much knows Commissioner
Woods' disagreements with Mr. Jensen, especially the arguments they have had. He stated he did not like the
manner in which he addressed Commissioner Woods, specifically, in some of the heated debates but they had
talks about that privately and things were resolved and better communication methods were devised from
that. He stated he is in total disagreement with this last issue with Commissioners Woods and Beckenbach.
He stated he believes Mr. Jensen was right on the mark with it, so he is in total disagreement as far as that is
concerned. He stated his disagreements with Alan Jensen in the past have been more along the lines of
methods of candor while addressing members of the Commission. He stated he would like to make a motion
January 23 2012 REGULAR COMMISSION MEETING Page 7
to defer until the next meeting to give them time to consider this. Commissioner Woods stated she believes
they already have a motion on the floor. Mayor Borno stated a motion to defer takes precedence and it needs
to be voted on. Commissioner Daugherty stated again he makes a motion to defer to give them time to digest
this; this is a guy's livelihood they are talking about. He stated he does not believe this is something to make
a decision on immediately. Commissioner Woods asked before he makes his motion can she address his
concerns. Mayor Borno stated no, they have a motion to defer and they have to address that. He stated he
will second the motion to defer.
Motion: Defer to next meeting.
Moved by Daugherty, Seconded by Borno
He stated they need to vote for the motion to defer first before they get into anything else. He asked if there
was any discussion on the motion to defer. Commissioner Woods stated she did not think it is needed.
Mayor Borno asked that they not get into arguments back and forth. He stated the exchange must be one at a
time, get recognized and let's have our say.
Commissioner Woods stated she does not think a deferment is required. She stated the motion does not
depend on the material she gave them necessarily. She stated what she had said to start with was that all of
the Commissioners should feel comfortable with Alan for him to be our attorney. She stated you need to
have faith and trust in that person and there seems to be, on the Commission, a lack of that. She further stated
Commissioner Daugherty, himself, has had issues with him, so she just simply does not see the need to defer
it. She stated it just drags out an unpleasant situation for everyone.
Commissioner Daugherty asked Commissioner Woods why she did not give this to the City Manager to have
it included in the agenda packet; why did she bring this up as a surprise. Commissioner Woods stated when
she put in this agenda item, this was not her intent, but as she reviewed more and more, it just became more
and more apparent that this is what needs to happen and she believes it is just cleaner and kinder to just do it,
get it done and let everybody move on. She stated that is her personal opinion.
Commissioner Daugherty asked Mr. Jensen how long has he been serving with the City. Mr. Jensen stated he
was City Attorney from 1983 — 1984 and then again from 1989 — today. He stated 22 -23 years as City
Attorney. Commissioner Daugherty stated he has had employees before that he has had heartburn with and
they have had problems and have tried to work through it. He stated Commissioner Woods says it is kinder
this way. He stated Alan is actually showing extreme reserve, because he doesn't think this is kind at all. To
bring this up without any notice is just like saying you might as well kill your puppy so it doesn't suffer. He
stated to him it is the same thing and he believes for someone who has 20 years history with our City, to just
bring this up and say let's terminate his contract, which is the best way to say let's fire him, he believes is not
the right way to do this. He stated they should think about it, consider it and talk to Alan about it individually
and make a decision on this at the next meeting.
Mayor Borno asked if there were any other comments. He stated the motion to defer is for the next meeting
and they are requested by Commissioner Daugherty to each take the time to discuss this. He requested the
City Clerk call the vote for deferment.
Roll Call Votes:
Aye: 2 — Daugherty, Borno
Nay: 3 - Mark, Woods, Beckenbach
MOTION FAILED
January 23 2012 REGULAR COMMISSION MEETING Paize 8
City Attorney Jensen asked to respond to the motion to terminate him with cause and he believes his contract
sets forth what determines cause. He stated he does not have that in front of him; he wasn't prepared for this
tonight. He stated with just a quick glance at Commissioner Woods' reasons she has attached in the first two
pages after her written motion, conduct that accuses him of being disloyal to the City is based on first that he
inappropriately approved payment of $140,000 before obtaining insurance as required by the City
Commission. He stated he didn't approve payment of anything; the City Commission approved payment.
That getting the insurance on behalf of the City was something that he went out and did himself without any
direction from the City Commission as a back -up. He stated la is inaccurate. Commissioner Woods stated,
I'm sorry, a point of order, this is not a trial. Mr. Jensen stated he was replying to her allegations.
Commissioner Woods stated in Section 6 of his contract it says the performances are to be judged by the City
Commission, so only the City Commission's judgment matters on these issues. Mr. Jensen stated so she
wants the City Commission to make a determination based on allegations that she has made here without any
response from him, asking her, is that her point. Commissioner Woods stated her point is we could sit here
and go back and forth and back and forth and if he would like in due process to contest this, then she believes
that would be a more appropriate time. Mr. Jensen asked, to contest it? He stated she has a motion to
terminate him for cause, with a second on the floor, tonight, asking when else does she want him to contest
this. Mayor Borno stated he believes as a matter of record they can be looking at all of these things and if
there are inaccuracies then that needs to be taken into affect. Commissioner Woods stated she disagrees with
what Mr. Jensen said already because the Commission did request that Alan get insurance before the payment
was made. She stated he is shaking his head no but it was very clearly requested of him that that happen. Mr.
Jensen stated he believes she would have to check the records on that. Commissioner Woods stated, like she
said, this cannot be resolved tonight and if Mr. Jensen would like to contest what they are doing here, there is
a process for that, but she doesn't think this is the point. Mayor Borno asked what is the process for
contesting. Commissioner Woods stated that is what the courts are for. Mr. Jensen stated he guessed that
would be one way to do it. Mayor Borno stated the question was what is the recourse for this. Mr. Jensen
stated he doesn't think we want to get into a court battle over this; it is like if the Commissioners can't agree
on interpretation of the Charter are they going to sue each other in court. He stated that would make the City
look foolish, in his opinion, and it is something he would try to avoid and something he has tried to avoid for
32 years as he sat up here in one capacity or the other. He stated going on to some of the other items on here,
that he was disloyal to the City by failing to represent all Commissioners fully and equally by giving and
defending a legal opinion concerning committee formation methodology. He stated he doesn't sit up here as
City Attorney to tell you what you want to hear or what you expect me to say or necessarily to agree with
you; he is here to give you his opinion based on his experience and his training and his education. He stated
he does not expect everyone to agree with every one of his opinions. He stated his opinion on the
appointment of committees remains the same; as a rhetorical question, when it says the Mayor may appoint
committees, what does that empower him to do, just to say there is going to be a committee? He stated then
the issue becomes who are the members. He stated the definition of a committee in Black's Law Dictionary
is a group of people, so if the Mayor appoints a committee, he is appointing a group of people and that, to
him, would seem to entail the committee members. He stated, going on, it says he negotiated, prepared,
wrote and approved the easement agreement. He stated he did not approve the easement agreement; that was
approved by the City Commission. He stated it says he negotiated, wrote and approved the contract, but the
City Commission approved the contract. He stated it says he negotiated, wrote and approved the tree
mitigation payment of $140,000, but, first of all, he didn't approve it, the City Commission did and the
$140,000 was not for tree mitigation, it was for purchase of the easement. He stated then it goes into, he did
all this stuff, which was unclear and ambiguous, to cause much cantankerous and acrimonious debate
between the Commissioners and the community. He stated it says that he negotiated, wrote and approved the
agreement; again, he didn't approve any agreements, he brought it to the Commission. He stated he would
bring it to the Commission; it is up to the Commission to approve. He stated let's see what else it specifically
says, with a quick look at it. He stated it says he made an abrupt, apparently politically motivated change of
January 23, 2012 REGULAR COMMISSION MEETING Page 9
opinion concerning the Commission's responsibility to allow exceptions promised to particular annexed
properties along Beach Avenue. He stated he doesn't know what that is, it says it resulted in an ongoing
lawsuit. He stated it must be the Wolfson property, that is the only thing he can think of, which was a
decision made by the Community Development Board and then it came to this Commission. He stated it says
that he overstepped his authority to hire an attorney for the Commission and supported this inappropriate
action with a flawed explanation. He stated he does not remember one time that he has ever hired an attorney
for this Commission. He stated he never has done that. He stated so these are the bases that he understands
and, with just a quick review of these, it is inaccurate, false and incorrect.
Commissioner Beckenbach stated, of course, he read through this as well. He stated he would like to amend
the motion, if that is acceptable, instead of having it, he doesn't believe it's with cause, he would say that it
terminates the employment of the City Attorney, Mr. Alan Jensen, without cause, because some of the items
he has no idea whether or not they are true or not. He stated in this particular case, his feeling is that for the
betterment of the Commission that they would go ahead. He stated he appreciates that Mr. Jensen has been
here for 30 years, but he is looking at bringing in new blood in order to go ahead and to change the dynamics
of the Commission. Commissioner Woods stated she would approve that amendment, she would accept that
amendment. Commissioner Daugherty stated they haven't seconded it. Mayor Borno stated the amendment
is to go without cause and asked if there was a second.
Motion: Amend motion to terminate without cause.
Moved by Beckenbach, Seconded by Woods
Mayor Borno stated it is now on the floor for discussion. He stated he does not have the City Attorney's
contract in front of him but there is something nagging at him about what the ramifications of that are, which
makes him even more uncomfortable with this being acted on tonight. He stated he does not believe it is fair
to the Commission for making an educated decision because they are not getting a chance to review all the
things that are necessary and, in fact, the implications need to be considered by the Commission because there
is a financial impact related to this.
Commissioner Beckenbach stated the City may terminate the employment of the City Attorney hereunder
without cause provided that any termination or removal of the City Attorney shall be in accordance with the
provision of the City Charter. In such an event, the City Attorney shall continue to be paid his retainer and
average monthly billings using the six months prior to termination in determining said average, with the
health insurance benefits as provided herein for at least 180 consecutive days from the effective date of any
termination without cause. He stated so we do have. Mayor Borno stated he didn't realize that
Commissioner Beckenbach had that handy. He stated we are in discussion on the amendment.
Commissioner Beckenbach stated he has a motion as well, stating he didn't realize that Commissioner Woods
was going to bring up a motion, but he has one as well. He stated but what if it's the motion we thought it
was.
Commissioner Daugherty stated it strikes him odd that two different Commissioners would have a very
similar motion that supposedly didn't talk to each other before the Commission meeting. Commissioner
Woods stated, ok, I have this on the agenda. Mayor Borno stated, wait a minute. Commissioner Daugherty
stated you didn't have it on the agenda. Commissioner Woods stated, I had. Mayor Borno called her out of
order, stating Commissioner Daugherty has the floor. Commissioner Woods stated she doesn't like the
accusation he is about to give. Mayor Borno called her out of order. Commissioner Woods stated, that is out
of order. Mayor Borno stated, no it is not out of order. Commissioner Woods stated yes it is out of order.
Mayor Borno stated he is running this, you are out of order, please cease and desist until Commissioner
Daugherty has finished what he is going to say. Commissioner Woods stated, no. Mayor Borno stated, what
January 23 2012 REGULAR COMMISSION MEETING Page 10
do you mean, no? Commissioner Woods asked why she should sit here and let Commissioner Daugherty
make a public accusation like that. Mayor Borno stated he didn't make a public accusation, let him finish
what he has to say. Commissioner Woods stated, ok, let's see what he is going to say.
Commissioner Daugherty stated since Commissioner Beckenbach actually brought it up, he guessed he saw
him looking at it, he has a piece of paper here that says, I so move that the City Commission terminate the
employment of City Attorney, Mr. Alan Jensen, without cause, Mark Beckenbach, City Commissioner. He
stated as he said, he finds it very highly suspect that two different Commissioners would have the same
motion on the same night, sitting in front of them. He stated he knows, himself, he has had citizens contact
him and ask him if he would support the termination of Alan and he has pretty much told them he doesn't let
citizens poll him for what he is going to decide. Mayor Borno stated that is illegal anyway. Commissioner
Daugherty agreed it's illegal and he is very highly suspicious that Sunshine Law has been violated here. He
stated you call a duck a duck. He stated two different Commissioners have the same exact. Commissioner
Beckenbach stated it is not even close. Mayor Borno stated let him finish. Commissioner Daugherty stated
he would like for his letter there to be entered into the record.
Commissioner Beckenbach explained he sat down this afternoon and actually wrote this up. He stated he was
asked by Mr. Ben DeLuna, a citizen of Atlantic Beach, who is a retired federal attorney, to make a correction
to the record. He stated at the last Commission meeting Mr. Jensen stated that Mr. Ben DeLuna was
contacted, along with three other lawyers who assisted him in interpreting Section 8 on Wednesday,
December 21 Mr. DeLuna wanted the record to show that neither Mr. Jensen nor anyone from his office
tried to contact him at the contact number that was supplied by Mr. Jensen. He stated this afternoon as he
was writing this request for correction, he realized that Mr. Jensen and he do not and will not ever agree on
the interpretation of the partial sentence pertaining to the appointment of committees and the actual powers of
the Commission. He stated, realizing that he was elected to represent the interest of the citizens of Atlantic
Beach and also realizing that the City Attorney is a staff position serving at the pleasure of the City
Commission, as a newly elected Commissioner of Seat 3, he asks the Commission to consider terminating
employment of Mr. Alan Jensen without cause. He stated he does not know where exactly Commissioner
Daugherty thinks he spoke to Commissioner Woods. Commissioner Daugherty stated he doesn't know who
he speaks to. Mayor Borno stated we are not going to get into an argument. Commissioner Beckenbach
stated that is offensive, he has not spoken to Commissioner Woods. He stated, has he spoken to other people,
to other lawyers, yes, he has. He stated he has spoken to Mr. DeLuna, he has spoken to Lyman Fletcher. He
stated he has talked to both of those individuals before he wrote anything up, there is no doubt about that. He
stated he did not go ahead and solicit Commissioner Woods, you have got to be kidding. He stated you don't
think that I knew what Carolyn Woods was going to vote, are you kidding me. He stated Carolyn Woods, he
knows, from the beginning of two years ago, what her interest was, so for him to go ahead and call her up and
say are you going to vote this way would be ridiculous, so this is really insulting. He stated, now, because he
disagrees with Alan, because he noted how Mr. Jensen has approached Carolyn, yes, I do have a problem
with it and that is one of the reasons that I personally ended up going ahead and running for office and I said
that. He stated, in fact, if anybody was out here, he spoke specifically about what the reasons were that he
was running. He stated there wasn't a question in anybody's mind about why he was running and so,
therefore, your insinuation that he ended up going ahead and making a phone call to her is really terrible.
Commissioner Daugherty stated he never said that he made a phone call. Commissioner Beckenbach stated
or even go ahead and colluded in order to go ahead and write this up. He stated the other thing is that what
did he end up, Donna, the other day I ended up calling you up and I said he had this to go over, right, and she
told him he was going to have to go and piggyback with Carolyn at that moment in time. He asked her, did
she not tell him that that was the case, and Jim did as well. He stated therefore he was piggybacking on. City
Clerk Bartle stated he was talking about just how he was wanting to propose an ordinance. Commissioner
Beckenbach stated, exactly, and he was going to go ahead and propose the ordinance at this moment in time.
January 23 2012 REGULAR COMMISSION MEETING Pate 11
He stated he ended up sitting there and doing this afterward. He stated he just said you know this is
ridiculous, I'm going to go ahead and move this at this moment in time; why, because at this point Mr. Ben
DeLuna ended up saying, hey listen this guy didn't contact me, he didn't contact me at all. He asked is this
right or wrong. Mr. Jensen asked Commissioner Beckenbach, you got my email to you about that, correct.
Commissioner Beckenbach stated to Mr. Jensen, and you said you didn't do it, correct. Mayor Borno
cautioned we are not in an argument. Mr. Jensen stated he said that in contacting everyone that his office
tried to contact everyone. He stated he had thought someone in his office had tried to contact him. He stated
he spoke with Mr. DeLuna at length and he wanted to make the clarification that you brought up and I
emailed you that clarification to set the record straight. He stated Mr. DeLuna said the only thing is that
possibly if someone called and only let it ring one time and then hung up, and he doesn't know if that
happened, it's a possibility because sometimes his office gets busy and someone may call and another line
rings and they answer. He stated he doesn't know, but he ended up talking with Mr. DeLuna and talked at
length with Brooks Rathet, another attorney Commissioner Beckenbach talked to; he talked to John
November; Lyman Fletcher and he traded phone calls and they still haven't talked about it. He stated
Commissioner Beckenbach said the City Attorney is a staff position; it is a charter officer, it is not a staff
position. He stated in the motion they have to be effective immediately, that is your prerogative, or that was
in Commissioner Woods' motion, that's your prerogative, which he assumes if it's approved will be tonight.
He stated they have a mediation coming up on February 1 in a major case for the City that he will be there
representing the City and they have several other law cases that are ongoing, so they are going to need to get
someone onboard within the next seven or eight days and get them up to speed to be able to prepare and
handle these lawsuits. He stated if that is their choice, that's fine; he will cooperate with whatever they do.
He stated he knows he serves at the pleasure of the City Commission and is not going to be up here begging
for a job and especially, it appears mainly because you don't like the opinion he gave on the appointment of
committees. He stated he believes they have more important things to determine than how committees are
appointed and when it says the Mayor may appoint committees, what's a committee, it's a group of people,
so that's the members. He stated he has had opinions up here in the past where members of the Commission
didn't agree with me, but I give an opinion that I think is the best opinion based on my experience.
Mayor Borno stated they are still in discussion and asked if anyone else had anything to say before he says
anything. Commissioner Daugherty stated they haven't voted yet on the amendment. Mayor Borno stated
they are talking a discussion on the amendment right now, a determination for no cause. He stated they
really, really need to consider the impact, the implications of doing it tonight, first of all. He stated it was
explained we have a lot of issues and are we going to satisfy and hire somebody if this comes about within
seven days to take care of litigation that has been ongoing. He stated that, to him is extremely important to
this whole City, not to him personally, to the whole City, not just to the Commission. He stated he is not in
agreement with the facts as they have been presented as supporting the motion tonight and he thinks if they
review the records they will find that the explanation the City Attorney gave is a fact that he did not do these
things. He stated it is a matter of record that it was City Commission actions. He stated using that as
evidence to terminate. He stated, the third thing, this is based on the fact that you cannot agree with his
interpretation of appointments of committees. He stated one thing they need to take into effect is that Article
8 and you have worked very diligently trying to support whatever intent was of the Commission in the past
on how that verbiage came about and became part of Section 8. He stated they have worked very diligently
to try and support their opinion of all the other pieces of the Charter that you bring forth which do not support
and has been explained twice, that does not support your total contention. It is taking pieces of information
trying to support a position. He stated taking all of that into effect, Section 8 is an administrative duties as
broken out from Section 9. He stated discussion on how we were going to do that has been given to us in
history where certain mayors have appointed committees and asked for no vote. He stated no vote was asked
for, it was passed and it was done, right on the spot. He stated others have turned around and asked for a
vote. He stated that is why it pulls back to his comment earlier that there are specific needs that generate
January 23, 2012 REGULAR COMMISSION MEETING Page 12
situations and how you deal with those situations. He stated he was upfront at the last meeting and said he
would put together something and we would have it here and he was ready to turn around and present that
this evening. He stated he is still thinking about that. He stated with all that being said, as a matter of record,
he is not in agreement with this and think it needs to be clarified and justified to be factual and not just put
out as being fact outright. Commissioner Woods stated the motion has been amended. Mayor Bomo stated it
has been amended for without cause. Commissioner Daugherty stated actually they didn't vote on that.
Commissioner Woods stated we haven't voted on that. Mayor Borno stated, I know. Mayor Borno stated,
with that being said, is there anymore discussion on amend to terminate without cause.
Commissioner Mark stated she believes, given the upcoming obligations that we definitely need some type of
representation. He stated, according to Attorney Jensen, it is as soon as February 1. She stated she believes
they should consider giving some type of requirement as to either until a suitable replacement has been found
or a certain time, 30 days, 60 days, whatever the Commission agrees on, but she believes to have his
termination effective tonight would be foolish. She stated they are not prepared, at least she is not prepared to
offer a replacement since they just now discussed this, so unless there is a replacement already being talked
about, she doesn't know. She stated she believes they need to be careful that they don't move themselves in
some type of dire straits when it comes to the upcoming legal obligations we are facing.
Mayor Bomo asked if there was any other discussion. Commissioner Beckenbach stated he would make an
amendment. Mayor Bomo stated they have an amendment right now for without clause and a second. He
asked if there was any more discussion related to that. Commissioner Woods stated, before they leave the
point that Maria just made and Alan talked about something happening on February 1, she believes there are a
lot of lawyers involved in that and we have legal representation other than Alan through our. Mr. Jensen
stated, no we don't. Commissioner Woods stated I see, sorry, I thought I saw their names for Roper out of
Orlando. Mr. Jensen explained the insurance company stopped paying them and they are no longer involved.
Commissioner Woods asked, the insurance company stopped paying them. Mr. Jensen stated, right.
Commissioner Woods asked which insurance company is that. Mr. Jensen stated the City's insurance
company that was paying Bell & Roper. Commissioner Woods asked how can the insurance company decide
to stop paying. Mr. Jensen stated because we were able to get the injunction part of the lawsuit withdrawn, so
there is no longer coverage as the insurance company defines it for this litigation. Commissioner Woods
stated it was her understanding also in that lawsuit that we have co- counsel with Jacksonville and the Estates
of Atlantic Beach so we would not, in reality, be unrepresented. Commissioner Daugherty asked is that a
lawsuit you are involved with. Mr. Jensen stated there is a hearing this Wednesday, there is mediation the
following Wednesday that has been scheduled with all the attorneys involved for the various representatives.
He stated if he is not at that mediation or someone else on behalf of the City of Atlantic Beach, we will not be
represented. Commissioner Daugherty stated he had a quick question for Commissioner Woods. He asked if
that is a lawsuit she is involved with. Commissioner Woods stated she did not know what he means.
Commissioner Daugherty stated on February 1 He stated she mentioned the Estates of Atlantic Beach.
Commissioner Woods stated she assumed that was what it was. Commissioner Daugherty stated he saw
some things in the past where she has been depositioned for some lawsuits, he really didn't pay too much
attention to it, but is that. Mayor Bomo stated that is not pertinent right now. Commissioner Daugherty
stated, ok, he was just curious. Mayor Bomo asked if there was any more discussion. He stated they have a
motion and an amendment to terminate tonight without cause. He asked the City Clerk to please call the roll.
Commissioner Daugherty clarified this is just for the amendment. Mayor Bomo stated yes. Commissioner
Beckenbach stated just to amend it. Mayor Bomo stated aye is to terminate, nay is to not terminate.
Commissioner Daugherty stated, actually. Mayor Bomo stated to approve the amendment. Commissioner
Beckenbach restated just to approve the amendment. Mayor Bomo stated yes, asking has he got that correct.
Commissioner Mark stated just to approve the amendment that it is without cause. Mayor Bomo stated aye is
January 23, 2012 REGULAR COMMISSION MEETING Page 13
to approve it without cause, nay is to do away with it, asking if everybody understands where they are at. He
asked the City Clerk to call the roll.
As the roll call vote was being taken Commissioner Woods voted aye, then had a question and the Mayor
stated if you vote aye you are approving the amendment to terminate. Commissioner Woods stated without
cause. Commissioner Mark stated without cause. Mayor Borno stated without cause. Commissioner Woods
stated when Commissioner Beckenbach made the amendment she told him she would accept that.
Commissioner Daugherty stated yes, she seconded it. Mayor Borno stated and he said it was seconded, we
are voting on that, to whether it is amended. Commissioner Woods stated right, so I agree to that amendment
is what I am agreeing to. Commissioner Mark stated right. City Clerk Bartle stated we aren't voting on the
motion, we are voting on amending the motion. Commissioner Woods stated the amendment, right, and I
agree to amend the motion. Mayor Borno stated I agree, we have a motion and a second, so a vote for aye
supports the amendment to terminate without cause, nay is to not agree with the amendment. He asked, so
again does everybody understand that. City Clerk Bartle stated so far, Mayor, I have Commissioner Mark
and Commissioner Woods as yes or aye and asked if she can go on. Mayor Borno stated yes, please.
Roll Call Votes:
Aye: 4 — Mark, Woods, Beckenbach, Daugherty
Nay: 1 - Borno
MOTION CARRIED
Mayor Borno stated the amendment passes. Commissioner Woods stated so now the motion on the floor is to
terminate without cause and it sounded like Commissioner Mark wanted to amend it. Commissioner Mark
stated yes. Mr. Jensen asked who is runnin the meeting. Mayor Borno stated that is what he would like to
figure out too, who is running the meeting. He stated if you are all done running the meeting, would you
have the courtesy to let me finish up. Commissioner Woods stated you go right ahead. Mayor Borno stated
thank you very much. Mayor Borno gave Commissioner Mark the floor.
Commissioner Mark stated thank you. She stated she guessed she would amend the amendment to change
the language of Mayor Borno stated amend the original motion. Commissioner Mark stated yes, to remove
the terms, such termination shall be effective immediately, to, and this can be for discussion, until such other
suitable replacement has been found or if they want to give it a certain timeframe of 30 or 60 days. She stated
it is basically to remove the words, such termination shall be effective immediately. Mayor Borno clarified,
remove the words, effective immediately and asked if she wanted to make a time span or do you want until an
appropriate replacement is found and hired by the City Commission. Commissioner Woods stated how about
with a certain. Mayor Borno stated we need to do it one way or the other. Commissioner Mark stated she
would say within a certain time frame. Mayor Borno stated give me a timeframe. Commissioner Mark stated
30 days. Mayor Borno stated he thinks that is an awful short time. Mr. Hanson stated as a practical matter, if
you are trying to get people to submit applications and he doesn't know what process they will want to use to
replace the City Attorney, but to try to get people to submit applications and for the Commission then to
gather them and go through some kind of a process and making a decision, 30 days is a mighty short
turnaround on that. Commissioner Woods stated Neptune Beach just did it in about a week. Mayor Borno
stated Neptune Beach is history, we are dealing with ours. He asked if Commissioner Mark wanted to keep it
at 30 days, do you want to go 60, what is your pleasure, you have the floor right now. Commissioner Mark
stated she would defer to a suggestion by either the City Manager or whoever has had experience with hiring.
She stated it has been a while so we don't really know, but 45 days, 60 days. Mayor Borno stated he believes
a reasonable time, in his own personal opinion, is 60 days and that's even squeezing it but it is up to her, she
has the floor, what is your motion. Commissioner Mark stated they could say 60 days, she stated she will put
in 60 days and if there is any other discussion then we can. Commissioner Beckenbach stated he would
January 23, 2012 REGULAR COMMISSION MEETING Page 14
second it. Mayor Borno stated amend to 60 days for a replacement. He stated there is a second by
Commissioner Beckenbach and asked if there is any discussion related to that amendment.
City Attorney Jensen stated the 60 days would be the effective date of the termination and asked if that was
right. Commissioner Woods stated or within, if we have made arrangements before then, or no. Sixty days,
ok. Mayor Borno stated it needs to be one way or the other, so in the 60 days our objective is to have another
City Attorney here, it's a 60 day period. He stated so the 60 days would be, I think that is the answer. Mr.
Jensen stated the effective date of the termination. Mayor Borno reiterated the effective date of the
termination. Mayor Borno stated we have an amendment and a second on the floor and asked if the City
Clerk understands the amendment. He asked if there was any discussion. City Clerk Bartle stated they don't
want to add the words in, for a replacement, or anything, right; it doesn't matter whether it is replacement or
not. Mayor Borno stated, no, it is 60 days. He stated, amended to terminate 60 days from tonight and asked
the City Clerk to call the vote, please, stating aye is to approve the amendment, nay is to not agree with the
amendment.
Motion: Amend from termination effective immediately to termination in 60 days.
Moved by Mark, Seconded by Beckenbach
Roll Call Votes:
Aye: 4 — Woods, Beckenbach, Daugherty, Mark
Nay: 1- Borno
MOTION CARRIED
Mayor Borno stated they are now to an amended motion to terminate the City Attorney without cause,
effective 60 days from tonight and asked if there was any discussion. There being none, he asked the City
Clerk to call the roll, please.
Roll Call Votes:
Aye: 3 — Beckenbach, Mark, Woods
Nay: 2 - Daugherty, Borno
MOTION CARRIED
Mayor Borno stated to Mr. Jensen, he was very sorry. Mr. Jensen stated he serves at the pleasure of the
Commission. Mayor Borno stated he understands that.
C. Committee on Police Building needs.
Mayor Borno passed out information on Ad Hoc Committees. He further distributed a proposed committee
outline which he read in full.
Motion: Approve outline proposal for committee to consider police building needs as read, including
adding "and other staff members" after "Other PD staff', under staff liaison (which is attached and
made part of this Official Record as Attachment A).
Moved by Borno, Seconded by Daugherty
Commissioner Woods stated an issue came up at the workshop and town hall meetings regarding how
technology can reduce our size requirements. Mayor Borno stated that is incorporated. Commissioner
Woods stated another issue relates to should the City expand in size and whether this building would become
January 23, 2012 REGULAR COMMISSION MEETING Paiie 15
immediately outdated and too small and should it be in a location where it could expand if needed. He stated
he believes he addressed that also. Mr. Hanson stated question 5 relates to that.
Mayor Borno stated they should be prepared to bring their nominees back to the next meeting and a final vote
will be taken at that time to establish the committee and a start date. He stated if there is anyone who would
like to volunteer they should contact the City Clerk.
Commissioner Beckenbach asked about the facilitator. Mayor Borno stated they will be from the outside and
they are working on getting that person identified so they will be ready to go with the committee. Mr.
Hanson stated the facilitator will be someone who has training and experience in doing facilitation of various
group projects. He stated there are a number of people who do this and they will try to find someone local
which will cut down on travel costs. Lyman Fletcher stated UNF is a source for a facilitator. Mayor Borno
stated he would like the City Manager to choose the facilitator since it is a funding issue. He stated he
believes this is something staff should do. He asked if there was any objection to that. There was no
objection from the Commission.
City Clerk Bartle asked for clarification regarding whether they are requiring interested persons to fill out the
application. Mayor Borno stated it can be an email stating they want to volunteer, submitting an application
for boards, or a resume. He stated the objective is to ask for people to volunteer who are open- minded
citizens to work on this committee so they have people to pick from. He stated he does not care how they do
it.
Commissioner Daugherty asked if their suggestions of two people will be voted on and approved by the
Commission. Mayor Borno stated it will be.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Daugherty
• Requested a report on a temporary solution regarding the evidence room health situation, stating it
is an immediate health hazard to our employee and he is very concerned about it.
• Stated there are openings on the Pension Board and Cultural Arts and Recreation Committee and
if anyone is interested, please contact the City Clerk.
• Did some research on the Palms property on Mayport Road stating it is going into foreclosure
under Chapter 11 bankruptcy and the owners are willing to discuss the City acquiring the property.
He stated he has scheduled a meeting with the property owner and the City this week. He stated
the City may be able to obtain the property at a very low cost and it could be an alternate site for
the police station.
• Discussed using CDBG money for expansion of Rose Park, showing slides of the park. He will
put this on the next agenda.
• Suggested using gas tax funds in next year's budget for sidewalks.
• Expressed his deep regret to Alan Jensen for the method used in terminating him. He stated he is
sorry and is really sad.
Commissioner Mark
Stated she, Mayor Borno and Commissioner Woods will be going to Tallahassee tomorrow and
Wednesday for Legislative Action Days.
January 23, 2012 REGULAR COMMISSION MEETING Page 16
• Reported on Councilman Gulliford's town hall meeting regarding the ferry. Stated she was
selected to be on a local task force for the ferry.
• Reminded everyone that the last town hall meeting will be this Saturday in the Chamber from
10:00 —Noon.
Commissioner Woods
• Agrees it is regrettable that Mr. Jensen's termination was deemed to be appropriate by the
Commission. She believes an equitable solution was achieved and is very glad to hear that Alan is
willing to work with the City and the Commission to make this a positive transition.
Mayor Borno
• As Commissioner Mark stated he is attending FLC Legislative Action Days, stating they have two
appointments to date and they will attend Rep. Adkins meeting on the ferry. He pointed out that
they will all be taking separate cars so there is no Sunshine violation.
• Stated he appreciates Alan's service; he has been honest and straightforward and he regrets it was
done in the manner it was done stating the information that was provided was not a fair shake.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting
adjourned at 9:26 p.m.
Mike Borno
Mayor /Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
ATTACHMENT A
Committee to Consider Police Building Needs
January 23, 2012
Charge to the Committee:
A consensus has been reached by the Atlantic Beach City Commission that the Atlantic
Beach Police Department (ABPD) faces several challenges that need to be resolved
relating to their current building. Among the critical issues are:
• Operational inefficiencies relating to the present building
• Impacts on the overall effectiveness of our police service
• Safety concerns
• Potential liabilities
However, questions remain about the size and cost of the proposed new building. To
aid the Commission in resolving those questions, a Police Building Ad Hoc
Committee (Committee) is proposed. Its purpose is to become familiar with the building
related problems, consider various alternatives to solve the problems, consider costs
related to each alternate and make a recommendation, in the form of a final report, to
the Mayor and Commissioners of the best way to solve the building related problems
balancing both the cost to Atlantic Beach taxpayers as well as the need to have a top
quality police department serving out citizens for many years to come.
Membership:
• Size — 11 members
• Appointments — Each City Commissioner, including the Mayor, shall appoint two
members. The Mayor shall also appoint a third member to Chair the Committee.
• Committee Members — It is important to have impartial, open- minded individuals
who have the time and interest in attending several committee meetings,
reviewing past work, learning about the needs of the ABPD, and making the best
recommendation for the future of Atlantic Beach. The committee appointments
should not be a proxy for opinions held by any commissioner, but instead should
be open- minded citizens who have not yet formed an opinion as to possible
solutions to the Police Department needs. All members must be Atlantic Beach
residents.
Committee Meetings:
• Meetings of this Committee will be run by a facilitator to be provided by City who
must be professionally trained and have experience in facilitating group
meetings. This should not be a present or past City employee or elected official.
• The Florida Sunshine Law is applicable to this Committee. Members cannot
communicate with each other about the police building outside of the advertized
committee meetings.
Staff Liaison: The staff liaison will be Chief Mike Classey. Other PD staff and
other staff members may be brought in and participate as needed.
Meeting Attendance by Elected Officials. If any elected officials choose to attend
Committee meetings, they should only be observers and not participate in any
way.
Timetable and Sunset Provision:
Meetings — There will be approximately 8 -9 weekly meetings of the Committee
which are expected to last between one and two hours each.
Sunset Date — This Committee must make its final report and thereby conclude
its final business and automatically dissolve nine (9) weeks after it's first meeting.
Report — The final report is expected to specifically answer the following
questions:
1. What are the critical deficiencies and problems related to the present Police
Building?
2. What facilities are used by other similarly sized police departments in Florida?
3. Should the City of Atlantic Beach invest in either remodeling of the existing
Police Building, expand the existing building, or build an entirely new
building?
4. If new facilities are recommended, where is the best place to build them?
5. Should future expansion be considered in plans for new facilities?
6. If new facilities are to be added either through an expansion to the existing
building or in a new building, how large should the new facilities be?
7. Identify and prioritize the key components proposed in either an expansion or
new building, i.e.; dispatch center, records, specialized storage, jail cells, etc.
AGENDA ITEM # 4A
FEBRUARY 13, 2012
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AGENDA ITEM # 4A
FEBRUARY 13, 2012
City of Atlantic Beach, Fl.
Utility Sales Report
Decemb 2011 December 2010
Gallons Actual Revenue Gallons Actual Revenue
Water Sales Accounts
0000 Revenue Per 1 ,000 gi = Accounts
0000
Revenue
Per 1,000 gi
Atlantic Beach 5,579
38,153 $142,253 $373.
�e
5,708
38,678
$145,130
$3.75
Buccaneer 1 2,468
Total Water Sales 8,047
18,196 $97,876 $5.38
56,349 $240,129 $4.260
2,435
8,143
17,567
56,245
$87,201
$232,331
$4.96
$4.13
N -r n
Gallons
Gallons
y Water Plant Production
0000
0000
Atlantic Beach
47,152
48,937
Buccaneer 0 1 ,
19,510
18,306
Total Production
66,662
67,243
Total Water Billed
56,349
56,245
Water Loss for month:
10,313
10,998
Percentage Loss 15.47%
Total 12 mo. Avg. Loss � 17.34%
Gallons Actual Revenue
16.36%
15.85%
Gallons Actual Revenue
Sewer Sales Accounts
w
Atlantic Beach 5,153
0000 Revenue Per 1 ,000 gi .
31,685 $239,587 $7.56
Accounts
5,229
0000
30,830
Revenue
$234,558
Per 1,000 gi
$7.61
Buccaneer 2,367
19,252 $180,211 $9.36
2,320
19,189
$180,386
$9.40 w
Total Sewer Sales 7
50,937 $419,798 $8.24
7,549
p
50,019
$414,944
$8.30
Gallons Actual Revenue
Sewer Treatment 0000 Revenue Per 1,000 gi
Gallons Actual Revenue
0000 Revenue Per 1,000 gi
Atlantic Beach
Buccaneer
45.548 $239,587 $5.26
18.959 $180,211 $9.51
40.714
16.666
$234,558
$180,386
$5.76
$10.82
Total Sewer Treated � 64 507 $419,798 $6 51
57 380
$414,944
$7 23
a
r
AGENDA ITEM # 6A
FEBRUARY 13, 2012
RESOLUTION NO. 12 -02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING
CONTINUATION OF THE ST. JOHNS RIVER FERRY
WHEREAS, the St. Johns River Ferry connects historic State Road AIA between the Mayport Village
on the south bank and the Fort George area on the north bank of the St. Johns River and closing the ferry would
result in this important State highway becoming a dead end; and
WHEREAS, the St. Johns River Ferry is an extension of AIA Highway (.9 miles over water) requiring
capital improvements as the rest of State Road AIA; and
WHEREAS, the Cities of Atlantic Beach and Neptune Beach support Federal, State, local and private
funding to keep the St. Johns River Ferry running and State Road AIA intact; and
WHEREAS, the City of Jacksonville has invested approximately seven million dollars on infrastructure
improvements in Mayport Village to encourage redevelopment which will increase the ad valorem taxes to the
City and the value of those improvements will be greatly diminished if ferry service is discontinued; and
WHEREAS, the St. Johns River Ferry is used throughout the year by the Navy and Coast Guard at
Mayport when they have ships in repair or dry dock at Atlantic Marine to avoid a 26 -mile alternate route to
travel between the two sides of the St. Johns River; and
WHEREAS, the continued operation of the St. Johns River Ferry saves time and energy by reducing by
approximately two thirds the fuel that the passenger vehicles would use if they had to drive the half hour, 26-
mile alternate route, improves traffic safety by reducing travel and saves the cost of road and bridge
maintenance on the alternate routes; and
WHEREAS, the St. Johns River Ferry is a valuable and integral element in our parks systems and
remains an important tourist attraction for approximately one million visitors that annually visit the beaches
communities, and the Timucuan Ecological and Historic Preserve.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Commission of the City of Atlantic
Beach supports continuation of the St. Johns River Ferry.
PASSED AND ADOPTED by the City Commission, this day of January 2012.
MIKE BORNO
Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST:
DONNA BARTLE, CMC
City Clerk
AGENDA ITEM # 6B
FEBRUARY 13, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AGENDA ITEM: Resolution No. 12 -03 - Resolution terminating the contract with
the city attorney
SUBMITTED BY: Commissioner Carolyn Woods
DATE: February 6, 2012
BACKGROUND: This resolution formalizes the vote of the commission on January
23, 2012 to terminate the city attorney's contract.
BUDGET: The total budget impact of this resolution is estimated at $35,000.
RECOMM7ENDATION: Approve Resolution No. 12 -03 terminating the appointment of
Alan Jensen as City Attorney, fixing the termination date and
terms, authorizing the City Manager to prepare and the Mayor to
sign a written letter of termination.
AGENDA ITEM # 613
FEBRUARY 13, 2012
RESOLUTION NO. 12 -03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA TERMINATING
THE APPOINTMENT OF ALAN JENSEN AS CITY ATTORNEY, AND FIXING THE
TERMINATION DATE AND TERMS
WHEREAS, the City of Atlantic Beach recognizes Alan Jensen's long service to the City, and
WHEREAS, the Commission has the responsibility to protect the City's interest and provide for its
legal integrity
WHEREAS, the City may terminate the employment of the City Attorney without cause
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ATLANTIC
BEACH, FLORIDA:
Section 1 The Commission does hereby terminate the City's contract with Alan Jensen without cause,
as stipulated in Resolution 05 -13.
1. Such termination shall be effective on March 23, 2012.
2. Compensation as provided for in Resolution 05 -13 will terminate on September 23, 2012.
Section 2 The City Attorney shall immediately surrender all City records and related materials as
required by law. The City Clerk and only the City Clerk is to take and maintain procession and responsibility of
all these public records.
Section 3 The City Manager is hereby authorized to prepare and the Mayor to sign a letter of
termination outlining these stipulations.
Section 4 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida, on this 13 day of
February, 2012.
MIKE BORNO
Mayor
APPROVED AS TO FORM:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
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AGENDA ITEM # 7A
FEBRUARY 13, 2012
ORDINANCE NO. 20-12-114
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011
AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting
such budgetary systems require adjustments from time -to -time, and
WHEREAS, the City has received notification from the City of Jacksonville that
$55,636 of unspent funds from the fiscal year 2011 C.D.B.G. (Community Development Block
Grant) program funding will be available to use for the Donner Park parking lot project. This
ordinance creates a budget for those funds and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2011/2012 Budget to be amended as follows:
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Revenues:
Grant Proceeds $55,636
Expenses:
Parks and Recreation
Capital Outlay — Park Improvements $55,636
Fund Balance $
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of February, 2012.
Passed by the City Commission on second and final reading this day of February, 2012.
Mike Borno, Mayor / Presiding Officer
Approved as to form and correctness:
ATTEST:
Alan C. Jensen, Esquire, City Attorney Donna L. Bartle, CMC, City Clerk
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AGENDA ITEM # 8A
FEBRUARY 13, 2012
Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board
38 Hall with a copy of a survey that he stated was obtained at the time of purchase in 2010, and
39 Ms. Hall noted this on the submittal. Mr. Harkleroad continued that because the variance
40 granted last month was based upon what is not considered to be an erroneous survey, he is
41 seeking an amendment to that variance to ensure the legal conformity of property.
42 Ms. Hall explained several factors dictate the scheduling of such a special meeting. First and
43 foremost, there are statutory requirements for public notice. At a minimum, notice must be
44 posted on the property one week prior to any public hearing. Second, availability of facilities
45 must be confirmed. Ms. Hall displayed the booking calendar for the Commission Chamber,
46 and indicated that due to time required to prepare a staff report and get it to the Board for
47 review, give sufficient public notice, and accommodate the presidential primary election
48 scheduled for January 31", it looked like Wednesday February I" would be the first possible
49 date for a special meeting. Board members reviewed the calendar, discussed their schedules
50 and concurred that a special called public hearing would be scheduled for February 1, 2012.
51 5. NEW BUSINESS.
52 A. ZVAR -12- 001000001
53 APPLICANT: Jennifer Lada
54 ADDRESS: 1224 Ocean Boulevard
55 REQUEST: Variance from Section 24- 151(b)(1)f, reducing the required side yard
56 setback for an accessory structure (pergola) from five (5) feet to one
57 (1) foot; increasing the permitted area for an accessory structure
58 (pergola) from one hundred fifty (150) square feet to approximately
59 two- hundred twenty-five (225) square feet; increasing the maximum
60 height for an accessory structure (pergola) from twelve (12) feet to
61 fifteen (15) feet, within the Residential Single- Family (RS -2) Zoning
62 District on a property located at 1224 Ocean Boulevard.
63
64 Ms Hall introduced the item and explained that this application came to the Board as the
65 result of Code Enforcement action regarding an accessory structure — a pergola — that had
66 been constructed to completion on the subject property without benefit of a building permit.
67 Planning staff was consulted on November 2, 2011 to determine compliance with the Land
68 Development Regulations. Upon review of photographs submitted by Code Enforcement and
69 a survey dated August 16, 2010 submitted by the property owner, staff estimated the area of
70 the pergola (excluding overhang of eaves) to be approximately two- hundred twenty -five
71 (225) square feet and the setback (including overhang of eaves) to be approximately one (1)
72 foot from the side lot line. Ms Hall said she was unable to determine the precise height of the
73 structure, but based upon estimations from the Building Official and the Building Inspector, it
74 appeared to be well in excess of the maximum height limit for such a structure. Having made
75 this determination, Ms. Hall advised Ms. Lada of her option to remove the structure, bring it
76 into compliance or apply for a variance.
77 Jennifer Lada, 1224 Ocean Boulevard, addressed the Board and confirmed she was unaware
78 of the building permit requirements when she constructed the pergola. However, she said that
79 she had received nothing but complements on the structure, and she presented the Board with
80 signatures of neighboring property owners who supported this variance request. Ms. Lada
81 also said that she had measured the height of the structure as one hundred forty-six (146)
82 inches, or just over the permitted twelve (12) foot maximum height, but she did not indicate if
83 this measure was taken from the interior or exterior.
84
Page 2 of 6
AGENDA ITEM # 8A
FEBRUARY 13, 2012
Draft Minutes of the danuaty 17, 2012 regular meeting of the Community Development Board
85 Mr. Hansen opened the floor to public comment and with there being none, closed that
86 portion of the hearing and brought the item back to the Board for discussion. Mr. Parkes
87 asked if Ms. Lada had employed a contractor, and she replied that her father and a friend had
88 built the structure. Ms. Lada also noted that upon receipt of the notice of violation from Code
89 Enforcement that she had spoken with Board member Chris Lambertson (not currently
90 present) to find out what she needed to do.
91 Mr. Hansen expressed frustration felt by all Board members in such a case, when something
92 is clearly an aesthetically pleasing and desirable amenity to property owners, but just as
93 clearly in contradiction to the provision of the code. Mr. Parkes reiterated that while he
94 thought the structure looked nice and realized neighbors did not object, it was not properly
95 located, and Ms. Paul concurred. Mr. Burgess added that the request was not a just a matter
96 of slight variance, but fairly substantial deviation from two of the three applicable standards.
97 He noted that while the height was probably negligible based upon information provided by
98 Ms. Lada earlier, the fifty (50) percent increase in area and the eighty (80) percent reduction
99 in setback were not.
100 Mr. Hansen said that the difficulty of the Board's deliberation was compounded by the fact
101 that the structure had already been constructed, and while it is hard to tell a property owner
102 that they will have to remove a- structure, the Board also has a duty to uphold the processes
103 and provisions of the code that others have gone to lengths and expenses to ensure
104 compliance. And he reiterated that approval of something blatantly nonconforming to the
105 code, and with no reasonable grounds for approval consistent with Section 24 -64 would
106 likely open a Pandora's box of unjustifiable requests. With no further discussion from the
107 Board, Mr. Hansen called for a motion.
108 MOTION: Mr. Parkes ``moved to deny ZVAR -12- 00100001, request for a variance from
109 Section 24- 151(b)(1)f, reducing the required side yard setback for an accessory structure
110 (pergola) from five (5) feet to one (1) foot, and increasing the permitted area for an accessory
111 structure (pergola) from one hundred fifty (150) square feet to approximately two hundred
112 twenty -five (225) square feet, on a property located within the Residential Single Family
113 (RS -2) Zoning District at 1224 Ocean Boulevard, finding that though the structure was
114 aesthetically pleasing and non - objectionable to adjacent property owners, none of the specific
115 grounds for approval of a variance as provided in Section 24 -64 of the Land Development
116 Regulations were met, nor were there any extenuating circumstances justifying the
117 noncompliance with development regulations or failure to obtain a building permit. The
118 motion, seconded by Ms. Paul, carried unanimously, 4 -0.
119 B. UBE -12- 00100005
120 APPLICANT: CARBUYERLINK.COM LLC DBA Beachside Ride, Dominic Jacobellis
121 ADDRESS: 1800 Mayport Road, Suite 12*
122 REQUEST: Request for a use -by- exception to sell used automobile, including
123 pre -sale servicing and conditioning of automobiles but no heavy
124 automotive repair or body work, as is consistent with Section 24-
125 111(c)(10), within the Commercial General (CG) Zoning District on
126 a property located at 1800 Mayport Road, Suite 12.
127 Ms. Hall noted that the address as provided on the application is 1800 Mayport Road, Suite
128 12, but the main address of the subject property, according to the Duval County Property
129 Appraiser's Office, is 1830 Mayport Road, though there are multiple units located on the
Page 3 of 6
AGENDA ITEM # 8A
FEBRUARY 13, 2012
Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board
130 particular property, and the several other adjacent parcels are also owned by the same
131 property owner.
132
Ms. Hall provided an overview of automotive - related uses historically found within this area
133
of the Mayport Road corridor, and confirmed that the area had been classified as "commercial
134
intensive" a number of years ago. She explained that more recently, the City Commission has
135
expressed a desire to move away from those more intensive uses, even going so far as to
136
adopt Ordinance No. 90 -06 -197 on December 11, 2006, completely prohibiting heavy
137
automotive repair from the CG zone. Ms. Hall provided the definition of heavy automotive
138
repair as "the rebuilding or reconditioning of motor vehicles or parts thereof, including
139
collision service, painting and steam cleaning of vehicles ", and added that minor automotive
140
repair — such as oil changes, brake service, tire repair and /or replacement — with accessory car
141
washes, is still a permitted use per Section 24- 111(b)(9). Similarly, the sale of new and used
142
automobiles is still a permitted use -by- exception within the CG zoning district, per Section
143
24- 111(c)(10) and with the approval of the City Commission.
144
Ms. Hall then provided a brief history of applications for similar use by exceptions that have
145
come before the Community Development Board for recommendation for approval over the
146
last ten years. Of those, she noted prior to adoption of Ordinance No. 90 -06 -197, three
147
requests for heavy repair and /or body work, one request for used sales and three request for
148
sales and service were approved'. One application for used automotive sales only was denied
149
in October 2005. Since 2007, there have only been two requests, both being for used sales
150
only, with one application being withdrawn by the applicant and the other being approved but
151
limited to a two year period. That approval was for the parcel immediately to the north of the
152
property subject to this „request, and the rationale behind the time limit was to allow an
153
opportunity for economic recovery as the applicants had expressed a desire to eventually
154
redevelop the property for less intensive retail uses.
155
Dominic Jacobellis, owner of Carbuyerlink.com, LLC, addressed the Board regarding his
156
request, stating that he is licensed, insured and bonded as an automotive dealer, and that he
157
has operated his business from a Westside location on Cassat Avenue for a year, but he wishes
158
to relocate to Atlantic Beach. He said he is targeting a clientele consisting of navy personnel
159
and professionals with expendable cash and a desire to own upper end models. He said he
160
anticipates ten to twelve later -model vehicles, typically with no more than 80,000 miles, will
161
be kept on site, and services will not exceed the definition of minor automotive repair,
162
consisting, of primarily pre -sale conditioning, such as oil changes, tire replacement and
163
detailing. Mr. Jacobellis reiterated that it was his goal to acquire and sale automobiles that
164
are already in good condition, because anything more involved than a minor repair was not
165
profitable, and it was desire to provide good, clean and reliable transportation at an
166
affordable price.
167 Mr. Hansen asked what the hours of operation would be, and Mr. Jacobellis responded that
168 this was a family business, to be run primarily by him and his father. Most showings will be
169 by appointment and at no time does he anticipate hours to extend beyond dusk, primarily
170 because he wishes to be at home spending time with his family, but also because there is a
171 lack of outdoor lighting on the premises. Mr. Hansen opened the hearing for public
172 comment.
173 Melvin Petiet, 1059 Mimosa Court, spoke to the Board regarding a similar situation in
174 Springfield (downtown Jacksonville) in which the local governing board decided to prohibit
175 automotive - related uses. He said in time, other uses such as coffee shops and restaurants
Page 4 of 6
AGENDA ITEM # 8A
FEBRUARY 13, 2012
Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board
176
began to leave because they had counted amongst their patrons not only the patrons of the
177
automotive businesses, but also their employees. He added that once the providers of such
178
basic goods and services depart, it is not long before residents also leave and serious crime
179
moves in.
180
With no additional comment from the public, Mr. Hansen closed that portion of the hearing
181
and invited questions from the Board. Ms. Paul agreed with the points made by Mr. Petiet
182
and said that such business serve a vital function for the community, and Mr. Parkes agreed
183
the proposed business is typical of Mayport Road.
184 [Chris Lambertson arrived at 6: 42pm]
185 Mr. Hansen said that given current economic conditions and the uncertainty of what is going
186 to happen locally [regarding NS Mayport], he was hesitant to place a time limit on a business,
187 but would prefer to stipulate a two -year compliance review. With no additional questions
188 from the Board and no further discussion, Mr. Hansen called for a motion.
189
MOTION: Mr. Parkes moved that the Board recommend to the City Commission approval
190
of UBE -12- 00100005, request for a use -by- exception to sell used automobiles within the
191
Commercial General (CG) Zoning District on a property located at 1800 Mayport Road, Suite
192
12, finding that such use is consistent with provisions of Section 24- 111(c)(10), and that the
193
proposed pre -sale servicing and conditioning of automobiles is consistent with the definition
194
of minor automotive repair, as permitted by right, by Section 24- 111(b)(9). The motion,
195
seconded by Mr. Burgess, carried unanimously, 5, -0. Ms. Hall informed Mr. Jacobellis that
196
the Board's recommendation would now be forwarded to the City Commission for final
197
action, and that she would contact him with information regarding that meeting within a
198
couple of days.
199 6.
200 A. Land Development Regulations addressing minimum accessory structure separation.
201
202 Ms. Hall provided Board members with examples of minimum required separation between
203 accessory structures within other municipalities, as requested at the December meeting. She
204 said of the approximately twenty municipalities she had looked at, eleven specified some sort
205 of separation. Most required a minimum of ten (10) feet separation between an accessory
206 structure and any other structure, while several differentiated by building type, requiring ten
207 (10) feet in accessory- principal scenarios and six (6) feet in accessory - accessory scenarios.
208 And there were outliers, such as Coconut Creek, that required twenty -five (25) feet between
209 accessories and principal buildings in residential zones.
210
211 Mr. Lambertson noted that neither Neptune Beach nor Jacksonville Beach were included in
212 the list of municipalities looked at, and asked what the requirements were for those cities.
213 Ms. Hall replied that she had not completed her research and had not had time to look into
214 Neptune Beach, but had checked both Jacksonville and Jacksonville Beach, and neither of
215 those cities specified a minimum separation. Mr. Parkes agreed that he was unaware of any
216 minimum required separation in either. He added that, as discussed at the time the minimum
217 separation requirement was removed from the Atlantic Beach code a couple of years ago, he
218 felt ten (10) feet was too much, especially on the typical lot, which is small by most
219 standards, and he did not support returning to that dimension. Other Board members
220 generally concurred, expressing the need for some dimension that clearly indicated separation
Page 5 of 6
AGENDA ITEM # 8A
FEBRUARY 13, 2012
221
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224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
Draft Minutes of the Januauy 17, 2012 regular meeting of the Community Development Board
and detachment, but that was not so great as to limit property owner's potential to develop
their property with permissible accessory structures. The Board agreed that given the typical
lot in Atlantic Beach, a minimum required separation of six (6) feet between structures of all
types should be sufficient.
Ms. Hall noted that several codes included language to the effect that structures located closer
than the required minimum separation would be considered as attached, and therefore would
be required to meet the minimum yard setbacks for the principal or larger structure type. For
instance, if the minimum required separation was six (6) feet, and a garage was constructed
only four (4) feet from the principal structure, then by definition, that garage would be
considered attached and part of the principal structure, and therefore would have to meet a
twenty (20) foot rear yard setback, as opposed to a ten (10) foot setback for a two -story
garage, or a five (5) foot setback for a one -story garage.
Mr. Lambertson asked that staff move
back to the Board for review and recon
with a draft of such a provision and bring it
)n to the City Commission.
7. ADJOURNMENT— 7:10 PM
Chris Lambertson, Ch
Attest
Page 6 of 6
AGENDA ITEM # 8A
RFRT7TTAT?V lZ ')nl')
,r rj � UBE -12- 00100005
J -
s'
PLICATION FOR A USE -SY- EXCEPTION
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 4 • `"1 ' IR File No. VEF IT 001 C 000 ! 5 Receipt
1. Applicant's Name / till L CJ ` ;,Se-
2. Applicant's Address x-/730 SEa5CApr WAY #q P4 c�)05— A)eF 3aa05 — •
3. Property Location /600 14A le- 5 *1a 14"A4iG 6 ,6 RCi, . S aa-65
4. Property Appraiser's Real Estate Number I X12075- n0c) Block No. W WX k�ffz
5. Current Zoning Classification 0 075 6. Comprehensive Plan Future Land Use designation
7. Requested Use -by- Exception N S--maA 2 I Ii Cc) 10 1 J —
o- Auro MoOi � ?v- -sANLG saMeAu1s I coNi�y wEn - t�o, A-1
8. Size of Parcel G fA D 9. Utility Provider J 1✓ A &8
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 the following 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.
Identify any existing structures and uses.
b. Proof of ownership (deed 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. (Two (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 ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): �a M ►� L Ke__06e_L L-% S
Signature(s): U
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: =o M m.l i L 7[,9 Bg_d-_> s
Mailing Address: /a SR ('A.,� A V x
Phone: ?d qLl8_� FAX: E- mail: �I /S 1Ofli! � aiv� as r�Y4/�o
AGENDA ITEM # 8A
VVnnitnnv — --
UBE -12- 00100005
The review of an application for a Use -by- Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
e�OhPb,IS -$d0 AF xi,L a el&C4:�.S ,7jE or Loc44 -)dt4 r)c
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
h f5 rE wrV,► A q ro OU$ ,GELS e4r4
Mi14 -h p 124 +Y ®F L ael,nq J Ac
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.
1J0 15 IS L►w► 14iEb A +he end co F 4 I`V Ar i dj Ceae
Acid EoeLo 43gi-k, 1
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
71h go n"AV 41 - 149,h C IAC -144 6rcke;fS
4 d-Vni n 4ces
5. Utilities, with reference to locations, availability and compatibility;
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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. -:n ,4 g4e s ho p i3e h,v►d
ScA era4-cd bV A !Z-,4r 4-• 4+e-re- uS A C,ar cic - Shoa k-a �!
r, ti } S ewer d JY A a► �rr f4a,� ,
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.)
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan. :r �Vy 1LJo4- S ure
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Other information you may wish to provide:
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A
g AGENDA ITEM # 8A
FEBRUARY 13, 2012
AGENDA ITEM # 8B
FEBRUARY 13, 2012
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Commission request for report on Animal Control
DATE: February 3, 2012
SUBMITTED BY: Michael D. Classey, Chief of Police
BACKGROUND:
Commissioner Daugherty requested staff prepare a report to the Commission on Atlantic
Beach Animal Control. Specifically, he requested the cost savings and effects of
eliminating one of the two Animal Control Officer (ACO) positions. Additionally, he
asked about outsourcing the kennel facilities.
The total annual cost savings by the reduction of salary/benefits and operating expenses
would be $43,989.
The elimination of one ACO position would result in a significant cut in service level.
The officers patrol the city, investigate animal complaints, answer citizen questions,
provide information, catch and /or trap stray animals and maintain kennel services along
with many other related duties. The department dispatches more than 1,100 animal
complaint calls annually and the ACOs personally respond to approximately 2,500 phone
calls /messages per year.
Currently the ACOs work 10 hour shifts and are on duty 7 days a week. The first and
most obvious impact of reducing staff would be a 50% service reduction. There would be
times when animal control services are requested and there isn't an ACO on duty. The
ACOs have the necessary training and equipment to catch animals running at large and
handle other urgent matters such as responding to animal bite calls.
Staffing of only one ACO position would mean a dramatic cut back in the Officer's
patrol time. There are a number of reactive or fixed duties currently being split between
the two Officers which would all revert back to just a single person if a position were
eliminated. This would mean that the time available for proactive patrols would be
reduced to as low as 25% or less of the current level.
Staff would anticipate that compliance to the leash law would go down and, as a result,
there would be even more complaints of animals running at large. The city currently has a
compliance rate of over 90% on the beach. This has been achieved over time and through
consistent patrol, education and enforcement. A reduction of patrol time would be the
precursor to declining adherence to the animal controls statutes and ordinances on the
beach and throughout the city.
AGENDA ITEM # 8B
FEBRUARY I3, 20I2
In addition to the reduction of coverage time, one service that would have to be cut back
with only one officer is trapping animals. The department receives many requests per
year to provide traps to residents and then to pick up the animals that are trapped. The
people would not be able to deploy the traps when an ACO was not on duty to take
custody of the trapped animal.
The subject of outsourcing the kennel facilities and having the animals boarded elsewhere
was also raised. The ACO's impound anywhere from 400 — 500 animals per year. None
of these animals have proof of rabies and other vaccinations at the time we collect them.
No boarding facility will accept an animal that does not have proof of shots. The cost of
the required shots is approximately $100. The cost per day to board the animal ranges
between $22 and $30.
Further, staff is required by city ordinance to keep the animals for a minimum of 3 days,
but not to exceed 7 days. However, quarantined animals are held for 10 days. The city
does charge a fee to the pet owner if the animal is claimed, but the majority of animals
are not. Figuring 400 animals at the minimum 3 days at $25 per day is $30,000 annually.
Staff would anticipate the actual costs to exceed that amount as that figure does
not include shots.
Operating a kennel requires that animals are cared for 7 days per week. The dogs need to
fed, watered and let out twice per day. Current staffing levels provide for that. The
elimination of one ACO would present a significant challenge on how to properly
manage the facility.
Atlantic Beach is very unique in that dogs are always allowed on the beach and they are
permitted to be off leash when in the ocean with their owner. Jacksonville Beach and
Neptune Beach only allows dogs after 5:00 and never to be off leash. Response to animal
incidents and patrols on the beach account for a significant portion of an ACO's time.
The benefit of having their dogs on the beach is something that the residents and visitors
have enjoyed very much, but it does require more resources to properly manage.
BUDGET: The expense for 2 Animal Control Officers is already included in the FY
2012 budget.
RECOMMENDATIONS: For Commission review and discussion.
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8C
FEBRUARY 13, 20I2
Committee to Consider Police Building Needs
January 23, 2012
Charge to the Committee:
A consensus has been reached by the Atlantic Beach City Commission that the Atlantic
Beach Police Department (ABPD) faces several challenges that need to be resolved
relating to their current building. Among the critical issues are:
• Operational inefficiencies relating to the present building
• Impacts on the overall effectiveness of our police service
• Safety concerns
• Potential liabilities
However, questions remain about the size and cost of the proposed new building. To
aid the Commission in resolving those questions, a Police Building Ad Hoc
Committee (Committee) is proposed. Its purpose is to become familiar with the building
related problems, consider various alternatives to solve the problems, consider costs
related to each alternate and make a recommendation, in the form of a final report, to
the Mayor and Commissioners of the best way to solve the building related problems
balancing both the cost to Atlantic Beach taxpayers as well as the need to have a top
quality police department serving our citizens for many years to come.
Membership:
Size — 11 members
Appointments Each City Commissioner, including the Mayor, shall appoint two
members. The Mayor shall also appoint a third member to Chair the Committee.
Committee Members It is important to have impartial, open- minded individuals
who have the time and interest in attending several committee meetings,
reviewing past work, learning about the needs of the ABPD, and making the best
recommendation for the future of Atlantic Beach. The committee appointments
should not be a proxy for opinions held by any commissioner, but instead should
be open- minded citizens who have not yet formed an opinion as to possible
solutions to the Police Department needs. All members must be Atlantic Beach
residents.
Committee Meetings:
Meetings of this Committee will be run by a facilitator to be provided by City who
must be professionally trained and have experience in facilitating group
meetings. This should not be a present or past City employee or elected official.
The Florida Sunshine Law is applicable to this Committee. Members cannot
communicate with each other about the police building outside of the advertized
committee meetings.
AGENDA ITEM # 8C
FEBRUARY 13, 2012
• Staff Liaison: The staff liaison will be Chief Mike Classey. Other PD staff and
other staff members may be brought in and participate as needed.
• Meeting Attendance by Elected Officials. If any elected officials choose to attend
Committee meetings, they should only be observers and not participate in any
way.
Timetable and Sunset Provision:
Meetinqs — There will be approximately 8 -9 weekly meetings of the Committee
which are expected to last between one and two hours each.
Sunset Date — This Committee must make its final report and thereby conclude
its final business and automatically dissolve nine (9) weeks after its first meeting.
Report — The final report is expected to specifically answer the following
questions:
1. What are the critical deficiencies and problems related to the present Police
Building?
2. What facilities are used by other similarly sized police departments in Florida?
3. Should the City of Atlantic Beach invest in either remodeling of the existing
Police Building, expand the existing building, or build an entirely new
building?
4. If new facilities are recommended, where is the best place to build them?
5. Should future expansion be considered in plans for new facilities?
6. If new facilities are to be added either through an expansion to the existing
building or in a new building, how large should the new facilities be?
7. Identify and prioritize the key components proposed in either an expansion or
new building, i.e.; dispatch center, records, specialized storage, jail cells, etc.
AGENDA ITEM # 8C
FEBRUARY 13, 2012
Bartle, Donna `
From: Bartle, Donna
Sent: Tuesday, February 07, 2012 11:54 AM
To: 'Borno, Mike (mborno @coab.us)'; 'cwoods @coab.us'; 'Daugherty, Jonathan adaugherty @coab.us)';
'Maria Mark; 'Mark Beckenbach'
Cc: Hanson, Jim
Subject: RE: Police Building Ad -Hoc Committee
I received the 13 names below to consider for the committee.
Don Ford
Juliette Hagist
Jim Smith
Steve Lindorff
William "Rut" Whittington
Jack Varney
Carl Harkleroad
Chris Rule
Louis Keith
Darlene Kelley
Stephen Kallao
Arthur Corsano
Mitchell Reeves
Thanks,
DOM,"
AGENDA ITEM # 8C
FEBRUARY 13, 2012
Bartle, Donna
From: Don Ford [bluthundr55 @yahoo.com]
Sent: Thursday, February 02, 2012 9:18 AM
To: Bartle, Donna
Subject: request to serve on pub safety bldg review commttie
Donna,
Per this e -mail request I would like to serve on the committee to review the proposed public
safety building thank you Don C. Ford
Sent from my iPhone
AGENDA ITEM # 8C
FEBRUARY 13, 2012
AGENDA ITEM # 8C
FEBRUARY 13, 2012
Bartle, Donna
From: Jim aim @secureone.net]
Sent: Sunday, January 29, 2012 6:15 PM
To: Bartle, Donna
Subject: Police Building Committee
Hi Donna. Please add my name to list of nominees for appointment to this committee. Appointer is Commissioner Daugherty.
Thanks, Jim
AGENDA ITEM # 8C
FEBRUARY 13, 2012
Bartle, Donna
From: Steve Lindorff [SLindorff @jaxbchfl.net]
Sent: Monday, January 30, 2012 8:56 AM
To: Bartle, Donna
Subject: Police Building Committee
Ms. Bartle,
Please accept my application to become a member of the ad hoc committee being formed to study the
police building issue. I have been a resident of Atlantic Beach going on 22 years. In my capacity as the
Director of Planning and Development and CRA Administrator for the City of Jacksonville Beach, I have
participated in the planning, design, financing, and construction of numerous public buildings including the
Jacksonville Beach Police Headquarters. I feel that I can make a valuable contribution to my City through
participation on this committee.
Sincerely,
Steven G. Lindorff
2092 Vela Norte Circle
Atlantic Beach, FL 32233
241 -4275 (H)
247 -6231 (W)
545 -6130 (Cell)
AGENDA ITEM # 8C
CITY OF ATLANTIC BEACH FEBRUARY 13, 2012
BOARD / COMMITTEE MEMBER APPLICATION FORM
Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board /committee is available on page 2 of this form.)
Code Enforcement Board _ Community Development Board
Pension Board of Trustees _ Board Member Review Committee
Cultural Arts and Recreation Advisory Committee -r7 C C
c ' (� LJJ C, C C) m-[v"
DATE: D I ° 1 Z APPLICANT'S NAME
ADDRESS: - 1 8 6 1- &�J C - HSiD6 C - T , .
DAYTIME PHONE Cam) Z'F 2, u 17 C
y 1LL J�. n ti , �� ' �/`1�� 1C 71ty G 7y J�
E -MAIL ADDRESS: 9UTUSM!; -- So NX C'oM
EVENING PHONE: SAM r✓
FAX:
Please explain any employment experience, board /committee experience, and/or community volunteer experience
relative to the board /committee applying for.
3D P 1 / nl'S G w 6 NF D2 C meNT. y u L) Z� /q
V . r, /y)A25 HA L
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
S0!y) Lice - JA26 0A)
�jSSlS �6LL0Vv) Comma r7C6 - MLM(,625 uAV� Som
�XP62i6NCC 1u1711 J) <)C "j) Co1J C {'U�LI�
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Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE This application will expire two (2) years after date of submittal.
AGENDA ITEM # 8C
FEBRUARY 13, 2012
Bartle, Donna
From: Col. William R. Whittington [rutusmc @juno.com]
Sent: Monday, January 30, 2012 9:52 AM
To: Bartle, Donna
Subject: Ad Hoc Public Safety Building Committee: Whittington; addition to appl ication form
Attachments: Bio 2011.pdf
Ms. Bartle
Commissioner Beckenbach requested that I send this additional information to be attached to the Board /Committee
Application form I turned in Saturday morning. I have attached a one page bio in PDF format.
Thank you.
W. R. "Rut" Whittington
1861 Beachside Court
Atlantic Beach, FL 32233
AGENDA ITEM # 8C
FEBRUARY 13, 2012
Biographical Sketch: William R. "Rut" Whittinl1ton
Colonel Whittington has a B.A. degree from Louisiana College and a Master of
Education degree from L.S.U. He has completed numerous law enforcement schools to
include the F.B.I. National Academy (115 Session), the I.R.S. Special Agents Basic
School, and the F.B.I. National Executive Institute (XX Session).
Colonel Whittington served 34 years as a law enforcement officer. Starting as an
Investigator with the Criminal Division of the Louisiana Department of Justice, he then
entered service with the Louisiana State Police. Serving over a period of 27 years, he had
various assignments such as patrol trooper, criminal intelligence investigator and
supervisor, narcotics supervisor, training director, troop commander, region commander
and finished his service as the Superintendent of State Police and Deputy Secretary of
Public Safety. In that position, he was responsible for the Office of State Police in
addition to the operations of the Office of Motor Vehicles, the Office of Management and
Finance, the Office of the State Fire Marshal, the LP Gas Commission and the Highway
Safety Commission. He retired in 2000 and then served as a consultant to the
Department of Defense in the areas of police services and homeland security.
Colonel Whittington next served as the United States Marshal, Western District of
Louisiana. He was appointed by President Bush and then confirmed by the U. S. Senate,
beginning his service in March, 2002. In this position, Marshal Whittington was
responsible for the judicial security of the court houses and staffs in Shreveport, Monroe,
Alexandria, Lafayette, and Lake Charles. He also oversaw the U. S. Marshal programs
on fugitive apprehension, enforced the orders of the courts, and conducted other law
enforcement functions as required.
In addition to serving the Louisiana community through his law enforcement duties,
Colonel Whittington completed 37 years of service with the U. S. Marine Corps. He
served in the active and reserve forces, both as an enlisted Marine and officer, and holds
the rank of Colonel. He last served as the Chief of Staff of the 4 th Marine Division.
Colonel Whittington served in Viet Nam with the 9 th Marine Regiment. He is a graduate
of numerous military schools, to include the Marine Corps Command and Staff College
(Reserve Course) and the U. S. Army War College. He retired from the Marine Corps
Reserve in 1997.
Colonel Whittington served as a board member and Chairman of the Gulf States
Initiative, a multiple state law enforcement alliance. He also served on the board and as
the Chairman of the Regional Counterdrug Training Academy in Meridian, MS. He has
served as the President of the F.B.I. Academy Associates, Louisiana Chapter, and as the
Vice Chairman of the Gulf States HIDTA (High Intensity Drug Trafficking Area).
Colonel Whittington served as the 1 St Vice Chairman of the State and Provincial Police
Division of the IACP (International Association of Chiefs of Police) and on the Executive
Committee of the IACP. In 2008 Colonel Whittington was inducted into the Louisiana
Justice Hall of Fame, and in 2011 he received the Distinguished Alumni Award from
Louisiana College.
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AGENDA ITEM # 8C
CITY OF ATLANTIC BEACH FEBRUARY 13, 2012
BOA / COMMITTEE MEMBER APPLICATION FORM
Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
Code Enforcement Board Community Development Board
_ Pension Board of Trustees Board Member Review Committee
Cultural Arts and Recreation Advisory Committee x_ Police Building Committee
DATE: _Jan. 27, 2011
APPLICANT'S NAME:
Jack H. Varney
ADDRESS:
2257 Oceanforest Dr. W.
Atlantic Beach, FL 32233
DAYTIME PHONE: 904 - 246 -0380
EVENING PHONE: 904 - 246 -0380
E -MAIL ADDRESS: jhvamey @att.net
FAX: none
Please explain any employment experience, board /committee experience, and/or community volunteer experience
relative to the board/committee applying for.
Employment:
IBM Marketing Representative - 30 years, IT Consulting - nine years
Volunteer Service:
Chairman, Florida Governor's Alliance for the Employment of Disabled Citizens
Chairman, Gateway Hope Center for the Blind
President, Jacksonville Breakfast Lion Club
Chairman, Oceanwalk Home Owner's Association
Residency:
Jacksonville 1964 —1981
Jacksonville Beach 1982 —1988
Atlantic Beach 1988 to present
1
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
I believe it is time to complete the Police Building project. I am volunteering my organizational and communication
skills to facilitate the Police Building Ad Hoc Committee project._
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE This application will expire two (2) years after date of submittal.
2 AGENDA ITEM # 8C
FEBRUARY 13, 2012
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AGENDA ITEM # 8C
CITY OF ATLANTIC BEACH FEBRUARY 13, 2012
Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board /committee is available on page 2 of this form.)
Code Enforcement Board _ Community Development Board
Pension Board of Trustees _ Board Member Review Committee
Cultural Arts and Recreation Advisory Committee X Police Building Committee
DATE: 1/25/2012 APPLICANT'S NAME: Carl E. Harkleroad
ADDRESS: 2019 beach Ave Atlantic Beach FL 32233
DAYTIME PHONE: 904 -536 -7300
E -MAIL ADDRESS: hark2019 @gmail.com
EVENING PHONE: 904 -536 -7300
FAX:
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the board /committee applying for.
For the last 10 Years I have owned a software development company in Jacksonville. I have been developing
software and processes since 1973. In 2010 I sold my company to a public company and purchased a couple of homes
in Atlantic Beach where I plan on spending the rest of my life. I was a volunteer firefighter in Maryland as a
teenager. I have coached baseball, basketball and have been an umpire. I have served as director of a basketball
association in Atlanta that serviced over 250 children. I have served as VP of my son's high school dug -out club,
raising funds to install field lights entirely by donations (80K). I have a very open and forward thinking mind and
want to serve my community.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE This application will expire two (2) years after date of submittal.
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AGENDA ITEM # 8C
FEBRUARY 13, 2012
CITY OF ATLANTIC B EACH
BO ,, t A F,, i
Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board /committee is available on page 2 of this form.)
_ Code Enforcement Board Community Development Board
Pension Board of Trustees Board Member Review Committee
X Cultural Arts and Recreation Advisory Committee X Police Building Committee
DATE: 1/18/12 APPLICANT'S NAME: Darlene Kelley
ADDRESS: 1047 Hibiscus St. Atlantic Beach, F132233
DAYTIME PHONE: 904 - 697 -6828 EVENING PHONE: 904 - 697 -6828
E -MAIL ADDRESS: homenurse6l @hotmail.com FAX: none
Please explain any employment experience, board /committee experience, and /or community volunteer experience
relative to the board /committee applying for.
I am a nurse with Blue Cross Blue Shield. I am also an concerned citizen of Atlantic Beach who has an
interest in making out community a better place to visit and to live Arts and Recreation have a huge impact on
quality of life in our city and I would love to serve on the Cultural arts and recreation advisory
committee
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board /committee.
See above
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE This application will expire two (2) years after date of submittal.
AGENDA ITEM # 8C
CITY OF ATLANTIC BEACH FEBRUARY 13, 2012
BOARD/ COMMITTEE MEMBER APPLICATION FORM
Please check ('� the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
_ Code Enforcement Board Community Development Board
_ Pension Board of Trustees _ Board Member Review Committee
Cultural Arts and Recreation Advisory Committee 1 scc f 1s/ Co w m 1 el
DATE: 16 LOa APPLICANT'S NAME:
ADDRESS: 02
DAYTIME PHONE: EVENING PHONE:
E -MAIL ADDRESS: d(G1I Q z l) �v /SI��P� % C641 FAX:
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the board/committee applying for.
/0
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee. f
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE This application will expire two (2) years after date of submittal. Received
1 JAN 19 2012
Office of City Clerk
AGENDA ITEM # 8C
FEBRUARY 13, 2012
Bartle, Donna
From: Arthur Corsano [acdc1105 @att.net]
Sent: Monday, January 16, 2012 3:33 PM
To: Borno, Mike; Beckenbach, Mark; Mark, Maria; Woods, Carolyn; jdoughtery@coab.us
Subject: Committee for reviewing the new police building
Attachments: Art Corsano.JPG
Mayor and Commissioners,
I have attended the past meeting discussing the new police building, and understand that you are in the process of
appointing a committee to provide input on this project.
I respectfully submit my qualifications for possible appointment to the committee. I would like to volunteer in any way
that I can. As you can see, I am a professional engineer, and have Master Degrees in Engineering and Public Works
Management. I have been involved in construction, engineering management, and maintenance for over 26 years. I
can bring great insight to this project.
I am happy to see the entire commission reaching to he public, and hope this visibility continues. Thanks for your
consideration.
Art Corsano
AGENDA ITEM # SC
FEBRUARY 13, 2012
Registered Professional Engineer (Pa); M. S. Civil
Engineering; M. S. Public Works Management; 26
years Engineering, Public Works, Maintenance, and
Construction Management experience. Retired Navy
Captain, Civil Engineer Corps.
FACILITY I MA
- Maintenance management
of .,large Naval bases (mini - cities) including:
preventive maintenance programs, shop work flow and
backlog, maintenance & repair, service contracting
(grounds, janitorial, repair, HVAC, utilities,
etc.). Budgets varied from 3 million early in my
career to over $100 million on the Island of Guam.
PUBLIC WORKS SERVICES - Supervised all
ENGINEERING MANAGEMENT - Supervised design
CONSTRUCTION - Responsible for
construction management organizations and
supervising project managers and inspectors. Size
varied from $8 million yearly work -in -place early
in my career to $60 million at large sites.
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AGENDA ITEM # IOA
FEBRUARY 13, 2012
TO: Mayor and City Commissioners
FROM: Maria Mark, Mayor Pro Tern Oxd 4 -.j
DATE: February 6, 2012
RE: City Commission Meeting — February 13, 2012 — Agenda Item
Below is my proposed motion and reasons therefore.
Motion: Motion to rescind the commission's action taken on Monday, January 23, 2012, regarding
terminating the city attorney's contract without cause to be effective sixty (60) days from that date.
Basis: The commission's actions violated Atlantic Beach Code, specifically, Article II, Sec. 2 -19, Rule 26,
which states, in part:
The city commission may take action on a matter which ... has not been included on the agenda
for their meeting, if such matter is declared to be an emergency by the affirmative votes of the
majority of the members of the city commission (Emphasis added.)
Commissioner Woods' original motion was not an agenda item and was not declared an
"emergency' nor affirmatively voted on as such as required by aforementioned code. Therefore, all
actions taken on such motion, including any amendments thereto, are null and void.
° q 711
.� _ , ._�,v_ - 1
AGENDA ITEM # l OC
FEBRUARY l3, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AGENDA ITEM: RFPs for new City Attorneys
SUBMITTED BY: Commissioner Carolyn Woods
DATE: February 6, 2012
BACKGROUND: The Charter requires the city have at least one City
Attorney. As from time to time questions arise concerning the procedures and operations
and it is difficult if not impossible for anyone to be impartial when questions arise
concerning their own behavior it would also be helpful for the Commission to have
available a second and separate council for matters of the Sunshine Law and ethics. If the
Commission decides to move forward with a code of ethics and ethics board, in the
future, this attorney would also be required to help create the ethics board, formulate and
advise on a City code of ethics, and serve as advisor for any ethics board created. A third
attorney specializing in contract law will be required to help with the negotiations and
preparation of the contracts for the first two attorneys. As the current City Attorney will
leave office on March 23 we should have the contract attorney in place as soon as
possible, the City Attorney and the City Sunshine Law and Ethics Attorney by March 23
at the latest.
ARTICLE V. - CITY ATTORNEY
Sec. 31. - Appointment and qualifications.
The city commission shall appoint a city attorney who shall be an attorney with at
least five years of experience in the practice of general, civil or municipal law, admitted
in and having authority to practice in all courts of this state, and who shall be
compensated at a rate set by the city commission.
(Ord. No. 28- 93 -3,�1, 8- 23 -93)
Sec. 32. - Powers and duties.
The duties of the city attorney shall include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and
its officers in matters relating to their official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which
the city is concerned and giving an endorsement of approval as to form
and correctness; and
AGENDA ITEM # l OC
FEBRUARY 13, 2012
(3) Prosecuting and defending for and on behalf of the city, all civil
complaints, suits and controversies in which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and duties
of city officers; and
(5) Performing such other duties as may be required by ordinance or
resolution of the city commission.
BUDGET: Effect on the budget is unknown at this time.
RECOMMENDATION: Authorize Staff to prepare and publicize a RFP for a City
Attorney as stipulated by the Charter.
Authorize staff to prepare and publicize a RFP for an attorney with expertise in the
Sunshine Law and ethics.
Authorize staff to prepare and publicize a RFP for an attorney specializing in contract law
to help with the negotiations and prepare the contracts of the City Attorney and City
Sunshine Law & Ethics Attorney.
Set a time(s) for the Commission to meet, interview applicants and select City Attorneys.