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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 N Q N W 00 LO Z Q M r M W M 0 O } L 4i y r W a v7 Y v7 Y y �C N Y _ J Q d cn N O O O ? Z O J J O to fA N fA Q N O (� V ~ O 4) CDO 0) 0h N ~O Cl) V Za a+ E W ~ p Cl) wZO:mQZ O aoo� ~ a. fA J V =Cj d o0 00 z mwO J .�� N O M N w a` z O o00 000 0 O o O CV T" w 0 0 0 0 0 ° o ° o ° o ° oo 0 a. 0 o ° vs ° o N J o 0 0 °� ti� ° o tii ti W N O N N h Q O M M et - t0 N V.- qT DO O N M 69 It � Z M OMO N �N �� ao CV o � us Q O N = � I.L Z Q CV v O LL O V Z 0 CV = V Q tss tss tss ens �s va v� ts� vs ° o ° o C! W O LL ° o ~ J 2 C4 o o U) U Z F- Z o o O O O Z N 000 co N� W Z O O 0000000 0000 0000 00 ODD 00000 00 MOO O OA O IL 5 a W = } O y N M O 0 wowof-o wr- V.- m W 0 v O 1- O 00 O ��tiMh O NO M N N CA G a O O ti �NvIhMW07 V.- V) V V.- V.- r �- 03, ffY LL V M N OV OV V 0�0 L O L Q � W V V w a O � 4a4a u�r� -- t�vs6966,� - vs — - Z W N N � Q 0�I1 C N H a 0. w M N M N N N tD tD �I M O a 0: c O w N M O q O o� 01 La Z Z Q z Z fA O O LL O W z 0 9 w V w ppw0J Q� I J W z }2<zo C9x z � Zy O a J Q J J QJF X J J Q J y J J J O Z 0 Z W 0. H fAV Z O. ,VQU�V V()C9 0O( W } >-O Q Z LL W XO_w LL W pW Z 0: Luww (j fA - Z QQmZommtaQ.� Z Z_ (7 i- w fA?�- J J H�� W JQp�W� - ~_= (� LL. p p Q V Z 0 a.02M z 0@222 z WwOQ=oz2Kwoz w w s2 - -J c w Ld W a (g0QVO p p O F cnZW,00c�aLLI W W O O O W J J CLWSawmomww O- W W w C) W w�� 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 $35,000. RECOMM7ENDATION: Approve Resolution No. 12 -03 terminating the appointment of Alan Jensen as City Attorney, fixing the termination date and terms, authorizing the City Manager to prepare and the Mayor to sign a written letter of termination. AGENDA ITEM # 613 FEBRUARY 13, 2012 RESOLUTION NO. 12 -03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA TERMINATING THE APPOINTMENT OF ALAN JENSEN AS CITY ATTORNEY, AND FIXING THE TERMINATION DATE AND TERMS WHEREAS, the City of Atlantic Beach recognizes Alan Jensen's long service to the City, and WHEREAS, the Commission has the responsibility to protect the City's interest and provide for its legal integrity WHEREAS, the City may terminate the employment of the City Attorney without cause NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA: Section 1 The Commission does hereby terminate the City's contract with Alan Jensen without cause, as stipulated in Resolution 05 -13. 1. Such termination shall be effective on March 23, 2012. 2. Compensation as provided for in Resolution 05 -13 will terminate on September 23, 2012. Section 2 The City Attorney shall immediately surrender all City records and related materials as required by law. The City Clerk and only the City Clerk is to take and maintain procession and responsibility of all these public records. Section 3 The City Manager is hereby authorized to prepare and the Mayor to sign a letter of termination outlining these stipulations. Section 4 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida, on this 13 day of February, 2012. MIKE BORNO Mayor APPROVED AS TO FORM: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA L. BARTLE, CMC City Clerk W P M # # ter '�`l; h�l r +i.� ,�� � '. � y � " y � S �� '' • � r�� ! �Iti +l��i$:� ?f, r.:'��, } �t '}s r ` �•+ii';. #.`' ! 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'I ` I fs, - LI�} `:r� l•; .'n.1 {''�k' �S o-::l v ! : t}..!'a' : s �,� .k` h Ek �a �r 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 Lk ■ - 4 r y � J y r A _� , y J _ pip W I lk" ' I rim S L A I 4j. i x m P j R 4 P, w T 7 Oil{ ' *w ;''� ' 4 • • * . J � y +7 . 'J r '! ' ..ti r `AT. ,'!i /�'r VTTT�4 y7• :- ';-i =•., '�"'dr�.wP:'" '4t L. OPt hn . 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Alc ci 2M '# ,�F'fl Y 'r '[ F� 'l ��:': 1 � .rEl ta. �14; i r �, � I ++ t I + , I ' ■ • l r l -r, M. 1 , L 51. I I pj �i 4 I .i'' +�.y�.i',�'' ��. ,���y� '. I: ���; r'I�F.'I:` l. �T'�r�f.._. - , , 7�� �' - S�.i..IF ���¢. P•,� F nL L - L 7 vl t i Fl '2f • 4, pr ik I C I I 11 ;l n r_. 14 AWIP fi r r - j .! .fi I " I �.�,! '! h� .r od A Q%r wi"�x 14Mr. NUaptivAr Y �k 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 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 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; w 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 �XSCFBG I InJ h 4l Jhr c MA 6 aH — 7 ' 71 d-- AP— r' A4.4&%e Other information you may wish to provide: 0 0 0 0 0 0 i N o e t m 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� '5j -/ GILl716S- 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. It- 31W ", -Iv of Vk- low w.��� � �,«, 2: g/ » , < 2. _ »� )� , 9%.» = , \` \� e . �� r �e �§ � a .. . . . , \ ,� : � 4� � 3y� m(� jo � | TF �� \ � . 0 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 Adllwaokm� w rA3 m c 4 1 d r 4j IT 1p lb I- Al Mf= 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. a 41� F IL 4 Ir F4' -L 1 2f IM. t Ow 777"VMV Al l op , 77A W. -, i. Rg %W JR rr TrA mmp% k T "' ZEN rye TO, r J F h {p°. e, 'k4a•- 'Y �:�d��iA -r ,Yy ° .;ti L., ,� 4 4 R � ` �Ty- • - . ; _Jy .' �,' YT• �3' -'-�' r �} , � .. !� #�.���1. . + '. =4• ' a ? rte � . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ ....... =w V J 4 1 1 4 r i bf i 1 .1 to Insist A -"I t=1W .7 Qq mml 70 . wV Ap T§ ;Jr 1 ZIA JL 1 7 - , , fNIP 0 R 1 � 1 -97-941*ra-+ r 7= .;7AM '�•r ,: 3X r�r ^ • "�,r r;;-! ..;:? ., A -r . r - - ' • + '- 1- �y l ',yr � ; •} _ " ;, y � ,I aF,r ai Jlir•.3 �Y •1_ s � } , i �'`�+ '` f j • � • r - , , ' R Ji +�iTii�.....�� � - Er£Qr L '1 _ �+� 3 J' '�, ti�;r,r. 'F�rF rte• , y • .. �V •y' � r �. Y � , Te • ' ` + iy i' L 0 4ft f ; !t 5 "� y'r'�:�rr; C * *.:,�!' *,.; r ka�C= :.,'•ef .OF% a - �.1 • _ � ,�� •,�d ,.1� �:r fr?r ,fir �1 f: ,,. is , .lri ,L -. r: . � .r • r,J i ;-_��..; - '_.�,. dd , Ip: ry P;l f :' • - _�.tii ' ' .ti •.,S Jl•tr��� �: ' 1 r Y f i 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. � .°`^°`._'^ T � » wm 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.