Agenda Packet 2-27-12CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
February 27, 2012 - 6:30 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of February 13, 2012.
2. Courtesy of Floor to Visitors
A. Proclamation Commemorating the 100 Anniversary of Girl Scouting.
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 Financial Report, Recreation Programs /Special Events
Report, Utility Sales Report, and New Business Tax Receipts Report for January 2012.
B. Declare the list of property as surplus.
C. Authorize the City Manager to enter into a three -year contract with Comcast Business
Class for Internet Services.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
None.
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. Request to Rebudget fiscal year 2010/2011 Community Development Block Grant
(CDBG) funds for Donner Parking Area (City Manager)
C. Request to approve proposed projects for fiscal year 2012/2013 Community
Development Block Grant (CDBG) funds. (City Manager)
D. Energy Grant Retrofits for City Mechanical Equipment. (City Manager)
1
E. Report on proposed amendment to Land Development Regulations for minimum
separation between buildings. (City Manager)
F. Police Department Annual Report for 2011 (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. Discussion on possible amendment to the City Code, Section 2 -19 (8). (Commissioner
Beckenbach)
B. Agreement to provide assistance for fishing tournament. (Mayor Borno)
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 24, 2012.
2
MINUTES
REGULAR CITY COMMISSION MEETING
February 13, 2012
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno
City Attorney Alan C. Jensen
Mayor Pro Tern 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 Beckenbach gave the Invocation,
followed by the Pledge of Allegiance to the Flag.
1. Approve the minutes of the Regular Commission Meeting of January 23, 2012.
Motion: Approve the minutes of the Regular Commission Meeting of January 23, 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.
Robert Persons, Jr., 311 10 Street, former Mayor of Atlantic Beach, addressed the termination of Mr.
Jensen at the last meeting, stating he and all of his friends are against that, including Hank Isaacs, Kenny
Richards, and Adelaide Tucker. He gave the background of Mr. Jensen's time with the City stating he has
done a wonderful job, is widely known in the legal profession as one of the best and brightest, and the City is
extremely fortunate to have him as their counsel. He further stated Mr. Jensen has institutional knowledge
which is something that has to be maintained for a city to be able to do well, especially when it deals with
other cities like Jacksonville. He stated the Commission should do what is in the best interest of the City and
citizens and keep Mr. Jensen as long as possible.
Dale Westling, 3241 Old Barn Rd. W., Ponte Vedra Beach, stated the termination of Alan Jensen took
place at a meeting where the item had not been on the agenda and that lack of procedure created a firestorm
that continues to this day. He stated there was an attempt to justify the procedures thirteen days after, on
February 5, by Commissioner Woods. He read from a Letter to the Editor from Carolyn Woods stating the
State Attorney General had given an official opinion that the action to terminate Alan Jensen's contract at the
January 23 Commission meeting was in full compliance in accordance with the law. He stated he has been in
the law business for 37 years and knows the Attorney General's office doesn't sneeze in less than five months
so how did this Commissioner get a written Attorney General's opinion in 13 days. He stated he looked it up
and could not find that Attorney General's opinion. He stated he then checked with Mr. Jensen, who as City
Attorney, could get things more quickly out of the Attorney General's office. He then read an email Mr.
February 13 2012 REGULAR COMMISSION MEETING Page 2
Jensen received from the Attorney General's office on February 7 which stated no opinions of the Attorney
General's office, either formal or informal, had been issued with comment on the Atlantic Beach City
Commission meeting of January 23, 2012. He stated the words clearly quoted by Commissioner Woods,
were just made up; it was a fabrication given to the Editor of the Times Union. He stated these words just
came out of the blue, they were made up in an attempt to try to justify what the Mayor called an ambush. He
stated it is clear that it has happened and it is uncontradicted what has occurred here. He asked why would
the Commissioner who has given this made up false quote of an Attorney General's opinion not resign and
leave and let this City get on with its business and not be the laughing stock of the community that he has
lived in his entire life.
Dee Reiter, 1798 Selva Marina Drive, stated she wants this Commission to get its head back and get
focused in a positive direction. She stated she is a lawyer and has been practicing since 1984 and stated Mr.
Jensen is a very knowledgeable, effective, reasonable attorney and is always prepared. She stated he has this
historical institutional knowledge and knows what the rules and procedures are because he was involved
when that last rule was passed. She stated she believes it is a shame and embarrassment regarding what
happened at the last meeting and cannot imagine that someone would think it appropriate to fire a long -term
City Attorney without any notice or making it an agenda action. She stated it bothers her greatly that
someone is so without knowledge about the rules of the City and the procedures that they didn't know that
that was inappropriate and actually against the law. She stated she applauds Commissioner Mark about
putting an item on the agenda rescinding the action. She asked the City to rescind the firing and keep Alan
Jensen as the City Attorney.
Judy Beaubouef, 1209 Beach Avenue, she stated there has been a suggestion in the newspaper and emails
sent to her that the last City election was really a referendum on the City Attorney. She stated she supported
change in the last City election. She stated she thought it was a referendum on transparency but was she
surprised to find out on January 23� they did not put an agenda item on and dropped the bomb. She stated
she is here to say that they need to get back to that referendum on transparency.
Robert Willis, 317 6 Street, stated he is the next door neighbor of Commissioner Wood and Mr. Jensen is
his long time friend. He stated he was here on behalf of Mr. Jensen and what motivates him was what he
considers to be the shameful way this was handled on January 23� and the shameful action itself that was
taken and the truly shameful way, after the fact, the comments that appeared in the newspaper and elsewhere
to try to justify what was done. Comments questioning Mr. Jensen's integrity, his professionalism, his legal
competence are pure nonsense. He stated you cannot find a member of the bar or any member of the
judiciary in this area that would say other than what you have heard here tonight, what a wonderful lawyer
Alan Jensen is. He urged the Commission to reconsider their actions of January 23 and retain Alan Jensen.
He stated there is not a person in this part of the world that is as qualified for this job as he is.
Garland Chick, 2246 Oceanwalk Dr. W., stated he voted for the newly elected Commissioners on the basis
of their desire for open government and the need for change. He stated some of the changes involve people
managing our City and believes they are trying to do what they said they would do and he supports them.
Kirk Hansen, 2393 Ocean Breeze Court, stated it is a shameful thing that people who campaigned on being
transparent and open would do something that wasn't even on the agenda. He stated there is currently a
lawsuit in which the City of Atlantic Beach is a co- defendant and whereas the City Attorney has successfully
indemnified the City in this suit, the final judgment is still pending and the City Attorney is involved in the
defense. He stated one of the Commissioners has funded the same lawsuit against the City, through his
involvement in forming and funding a 501(c)(3). He stated regardless of his present relationship to the
501(c)(3) that should preclude that Commissioner from making any motion with or without cause to remove
February 13, 2012 REGULAR COMMISSION MEETING Page 3
the City Attorney and if a motion is made that Commissioner should recuse himself, since he obviously has
some sort of vested interest in the lawsuit beyond and contrary to the interest of the City. He stated the
question becomes, is this being done to disrupt the defense by eliminating the City Attorney who has the
background and institutional knowledge to be most effective, or is this simply in retribution for opposing a
Commissioner's personal interest. He stated he prefers a City Attorney who is successfully defending the
City in a lawsuit as opposed to a Commissioner who funds a lawsuit against the City in his own personal
interest and in detriment to the City of Atlantic Beach.
Christopher Martin, 44 Dewees Avenue, supports the action taken by Commissioners Beckenbach, Mark
and Woods at the last Commission meeting. He stated he worked very hard in the last campaign for change
and one of the top items was the replacement of the City Attorney. He stated he is happy with what they did
but is unhappy with the way it was done and wishes it would have been a little cleaner, neater and nicer. He
stated we can go back and regret that all we want but what they did was right.
Mark Tomaski, 448 Snapping Turtle Court West, stated he was here to talk about the vote with regards to
the replacement of our City Attorney. He stated he understands it is difficult, painful and public and
friendships are involved. He stated the vote at the last Commission meeting was a vote of confidence or lack
thereof, it was just that simple. He stated the City Attorney works at the pleasure of the Commission. He
stated there was a campaign and there were many issues and the main issue was open government. He stated
he believes this was handled poorly. He stated he campaigned on open government, still believes in it and
still hopes they continue to work toward open government and believes there should be some contrition this
evening. He stated another issue in the campaign was the change in the way the City does business. He
stated there was a mandate to change non - elected officials, if needed, which is being reviewed tonight. He
stated this needs to be done in the same civility as one expects from their election, which was civil. He stated
although he and Mr. Jensen haven't agreed on everything, he has always been a gentleman to him personally
and he thanked him. He stated he believes the vote was correct at the last Commission meeting. He stated it
is inappropriate to base City business on friendships and asked that they put emotions aside to make a
decision tonight and give all the citizens the respect due in seeking a new City of Atlantic Beach counselor
and return this City to its business at hand.
Sally Clemens, 1638 Park Terrace West, stated there are two sides of the coin. One side of the coin is the
value of change in elected, appointed and volunteer personnel every seven or so years in order to have a new
fresh insight and perspective. The other side of the coin is having longevity because this gives continuity.
She stated most of us want our same physician, dentist, hair stylist, accountant and attorney. She stated the
question tonight is which side of the coin will best serve Atlantic Beach. She further asked if there is a
serious proposal to consider hiring three attorneys for Atlantic Beach or is she interpreting this wrong.
Tracie Parsons, 1970 Mipaula Court, stated she was reiterating most of what had already been said that
Alan Jensen has done an outstanding job for the City of Atlantic Beach and for that reason alone should be
left where he is. She stated as Sally Clemens said we don't change for the sake of change our attorneys,
dentist, or doctors; we have to have a reason for changing them and there is no reason to change Alan Jensen.
She stated the biggest issue is that the newly elected Commissioners and their supporting Commissioner ran
on open government and transparency and they totally and completely acted as a closed and non - transparent
government and she believes they all should step down.
John November, 647 Beach Avenue, stated he believes the direction the City is heading is something to be
very proud of and believes we have a great Commission. He stated there is no greater example of what a
great Commission we had than at a recent workshop related to the Police Station. He commended Mayor
Borno's actions to lead this Commission toward a resolution of City involvement and having those
February 13, 2012 REGULAR COMMISSION MEETING Page 4
workshops over these six weeks has been absolutely tremendous. He stated they have given citizens the
opportunity to provide input on matters that are core to the future and the vision of this City. He stated in a
very respectable move, he believes Mayor Bomo decided on the issue of appointing committees to act in a
way that is completely consistent with what our founders of our City would have wanted and to allow each of
the Commissioners to have a say in who shall be appointed to committees. After being asked for an opinion
on this matter by Commissioner Beckenbach, City Attorney Jensen gave an opinion that was an interpretation
of what his belief was as to what the Charter said. He stated interpretations are not necessarily a fact they are
not absolute, they are just that, interpretations. He stated he believes that interpretation that Alan Jensen
made that day was not consistent with what our founders intended in the Charter, didn't provide enough detail
and was just an interpretation. He stated, in his opinion, the Mayor does not have the exclusive right to
appoint committees but at this juncture he believes we need to move together as a City toward the future and
do whatever is needed to move forward in solidarity as we were before this issue came up with the City
Attorney. He further introduced the idea of a Mason McLeod Memorial Celebration on March 30 and 31,
2012. He explained the proceeds will go toward the Mason McLeod Scholarship fund and the Atlantic Beach
Community Educational Programs. He gave some background into his friend, Mason McLeod's life and
death, stating he believes there is no better way to honor his memory than to have a fishing tournament and an
interactive educational program. He stated he appreciates the City hosting the event at Dutton Island and
Tideviews. He stated although the decision has not been made as to whether the City will sponsor the event,
he believes it would be an excellent idea and invited everyone to join them at the celebration on March 30`"
and 31 s '.
Steven McLeod, 13221 Mt. Pleasant Road, father of Mason, thanked the City for hosting this event. He
further gave some insight into his son's life and explained how his death was the result of an airplane crash
while on duty as a park ranger. He also explained the Duke Talent Identification Program (TIP), for which
they have chosen to offer the Mason McLeod Scholarship, stating there is myriad help for kids with problems
but little for the extremely gifted children, those who will score in the upper one quarter of the upper one
percent in the nation. He stated the family and friends of Mason Scott McLeod thank them for their help,
without which they would not be able to accomplish their goals.
Jim Smith, 73 Oceanside Drive, stated this will be a bit repetitive, but the fact that it is repetitive is a sign of
the overwhelming support for Alan Jensen. He stated Commissioners Beckenbach and Woods have so
strongly endorsed government transparency and more citizen involvement but they have acted with a serious
lack of transparency and breach of citizen trust in their dubious attempt to ambush a termination on the City
Attorney, which would have been with no notice, no cause, immediate and with no back -up plan leaving the
City without representation for its ongoing legal business. He asked where was the transparency and citizen
involvement in such a major act on behalf of the City. He asked that they please explain to the people they
serve how their plan would have benefitted the City and the citizens and wasn't what it really appears to all of
us not so stupid people as being a vendetta. He stated he wants to know how firing this man is going to
benefit him and the citizens and he is going to send them an email asking them and he would like an
explanation. He commended Commissioner Mark for thinking this out logically before taking such drastic
measures and would also like to commend Commissioner Daugherty in questioning the unlikelihood of two
separate Commissioners attempting to take such action. He stated Commissioner Beckenbach gave a great
blessing at the beginning of tonight's meeting and stated he wanted to see if he is a man of his words.
Jim Naughton, 1719 Beach Avenue, stated he was here in support of Mr. Jensen. He stated transparency
did not come forward. He stated he couldn't believe the way this occurred. He asked what did the man do?
He stated he doesn't understand why the citizens haven't been told what in the world it was that Mr. Jensen
did to cause this termination. He stated losing a job is a big, big deal, but the main thing is the fact that when
you work as hard as Mr. Jensen has for the City for 30 years, he has a right to know and we as citizens have a
February 13.2012 REGULAR COMMISSION MEETING Page 5
right to know what caused this action. He asked that they reconsider and amend their vote and get back to
taking care of the City business at hand.
Bill Mayhew, 1870 N. Sherry Dr., spoke in support of the majority of the Commission regarding the
situation with the City Attorney. He stated they need to get beyond the emotions and politics of this situation
and deal with the reality. He stated the situation with the City Attorney is not a new one; it was aired before
and during the last election and was in the newspaper. He stated the action should not have surprised anyone
who followed the election. He stated it appears that a majority of our elected representatives have lost
confidence in the City Attorney's ability to render impartial opinions on certain matters. He stated the
termination action was brought up and voted on in an open meeting, not in some back room. He stated if it
was not properly handled last time, surely it will be tonight. He stated this is not to say the City Attorney is
not a good man and he has many friends, or that he doesn't know the law, only that some of his opinions have
been judged to be unfairly favorable to the traditional power structure of City Hall. He stated the City
Attorney could have resigned and saved this City a lot of turmoil and divisiveness. He stated that is the
normal protocol when there is a change in a political power structure and one knows his services are no
longer wanted. He asked what purpose will it serve to rehash the charges and defenses of the charges. He
stated if the majority of our elected officials have lost confidence in the City's attorney, he should resign. He
stated our newly elected officials were brought in to effect meaningful change in a process that was viewed
by many as one being run by the good old boys. He stated a lot of people worked very hard to accomplish
this desired change and the termination of the City Attorney is part of this process. He stated the newly
elected officials asked to be on this hot seat and asked that they don't back down now.
John Wagner, 341 8 th Street, stated beyond the emotion that goes with the support for Mr. Jensen in this
role, he believes that not only should his service to the community be considered but also if there is due cause
for him to be released from this position, those specific cases for why that should occur should be noted and
made public so everyone is aware of the actual reasons beyond just a lack of confidence. He read Resolution
09 -17, stating he believes it is a tremendous vote of confidence for Mr. Jensen for his service to the
community and asked why they would now go in the complete opposite direction of this document to say that
Mr. Jensen is not fully successful in his role in this position for the community.
Harold Lippes, 504 Quail Point, Ponte Vedra stated all of the anger and hostility has already interfered
with their business much more than it should have and it is now time to leave angry feelings and the hostility
that comes with that in the past. He stated they are in a path to perpetuate and escalate hostilities, which are
already out of control. He stated for the benefit of the community it is time for the Commission to pledge
civility, respect and professionalism moving forward and take a new path toward a peaceful and productive
place, debate the issues openly, honestly and respectfully, and vote based on what you think is best for
Atlantic Beach. He stated they should respect those with opposing views because the democratic process
works best when there is an honest and respectful debate. He stated Mr. Jensen's advice to the Commission
about appointment of committees was very sound and there is strong authority supporting his position. He
stated there aren't any reasons to debate that because it doesn't matter if he was right, he shouldn't be
criticized for rendering an opinion you disagree with. If you disagree on the meaning of the Charter and it
isn't clear, do whatever needs to be done to change the Charter and make the language clear. He stated Mr.
Jensen is an outstanding lawyer, has been a member of the legal community here for over 25 years and we
don't have too many folks who are as well respected as that gentleman. He stated he has done a great job for
their community and asked that they please take a step back, take a deep breath, think positive thoughts, leave
all the anger and hostility in the past and give all major decisions, including any decisions concerning Mr.
Jensen, the time and consideration they deserve. He thanked Commissioner Mark for her acknowledgement
and apology which was published in the paper for the Commission's mistake at the January 23, 2012, which
was refreshing. He stated he believes she took the first step down the new path toward a peaceful and
February 13.2012 REGULAR COMMISSION MEETING Page 6
productive place and he knows that Mayor Borno is aching to lead you down that path and asked that they
please follow him.
Bill Gulliford, 75 Beach Avenue, spoke as a former Commissioner and Mayor, referencing the Code under
Rule 26 under the Administrative Code of the City of Atlantic Beach, he stated it speaks to matters to be
considered by the Commission shall be agenda items and should they consider a matter not on the agenda it
first has to be taken as an emergency and voted thereon and if it passes as an emergency then it is voted again
as an emergency and if it passes then the vote prevails. He stated that action was not taken and was
procedurally incorrect. He further stated the idea of three City attorneys has been raised and suggested, if that
gets serious consideration, that they might want to first amend the Charter, since it specifically talks about the
office of City Attorney in the singular not in the plural. He further stated he has served with Alan Jensen as a
fellow Commissioner and as the City Attorney and stated the criteria he would use would be totally and
completely objective. He stated they are not close friends, but are acquaintances for many years and he has
followed him over the years because of their association with the City. He stated there are several things they
might want to give consideration to. He stated Mr. Jensen has historical perspective and past experience and
knowledge which brings value they can't always appreciate. He related a past land use issue when Mr.
Jensen warned the Commission that if they voted a certain way they would probably find themselves in court
and the other side would prevail. He stated, even with his caution, the Commission voted the opposite way
because it was an emotional issue. He stated we aren't governed by emotion, we are governed by law and as
Mr. Jensen warned them, the City was sued and the other side prevailed. He encouraged the Commission that
when they think about Alan Jensen, he is not always going to tell them what they want to hear but he never
gives advice that he doesn't sincerely feels is the right thing from a legal perspective for the City to do. He
encouraged them to give long and deep consideration in their evaluation of Alan Jensen as an attorney and
after this issue is over and finished he hopes all of them will turn out and support the ferry.
Tawana Wagner, 341 8 1 Street, addressed the ethics issue. She stated if someone is hired and put into a
position, short of heinous crimes, they should have the ability to be spoken to with respect and understand
why it is they are going to be let go, and when we put people in positions of authority in the City, they should
have the respect and demeanor to do that. She stated she took it upon herself to study and understand what
was going on and came to the conclusion that this is not fair. She stated she has a serious issue with the way
this was handled because that is not the way it is conducted in good business. She asked that they think about
the way they handled this and ways they can all come together to look past this and do this better in the
future. She stated what has been done, has been done; you stand tall and prove facts, you don't handle it the
way they did. She stated she really wishes they would rethink this.
Paul Eakin, 1745 Beach Avenue, stated he has practiced law since 1982 and has known Alan Jensen a long
time. He stated he has never been on the same side of an issue with Mr. Jensen in all the time he has served
as City Attorney even though they have opposed each other many times. He stated Alan has always moved
through the changes in municipal power structures with the same sincerity, professionalism and same
accumulated institutional knowledge serving all of who live and work here and believes he has done it with
the gratitude and acknowledgement of his efforts by each of those past administrations. He stated all who
have been on the opposite of issues with Alan have always come away with the same acknowledgement of his
abilities, no matter what the issues were. He stated he has never heard anything like what he heard on the
audio recording of January 23. He stated the lack of civility displayed by some of the elected officials of this
City made him ashamed to say that he resides and practices his profession in this City. He stated he believes
they should all take a very hard look at themselves tonight, tomorrow and as they move forward as elected
officials in this City and as they continue to serve us, because remember they serve us.
February 13 2012 REGULAR COMMISSION MEETING Pale 7
Lyman Fletcher, East Coast Drive, stated he has known Alan Jensen a long time and would echo many of
the sentiments and opinions of him that have been addressed here. He stated in the last two years of the
Commission, there has been a lot of rancor, accusations and Commissioner Woods has been maligned
unnecessarily and that is what concerns him going forward. He stated it is the job of the attorney, not only to
do the law stuff, but it is also to help maintain the decorum in the Chamber, which is where he believes there
is the failing. Mr. Jensen's inability to address the verbal abuse of Commissioner Woods violates the basic
tenets of Roberts Rules of Procedure in going forward with things. He stated that gives him a great deal of
concern with this Commission going forward because if that behavior is going to continue, it affects the
judicial and deliberative powers and abilities in the Commission. He further stated he disagrees with him on
the interpretation but understands lawyers can disagree regarding what a meaning is. He stated he is
concerned that if Mr. Jensen remains as lawyer, we going to have two more years of that rancor and bitterness
and lack of judicial and common sense treatment of our fellow Commissioners. He related another meeting
where Mr. Jensen stood up in the middle of the meeting and pointed out two or three of them in the audience
and called them out about an issue. He stated no one did anything to address it and it was highly out of order.
He stated that is not the way to conduct a meeting. He stated Alan's behavior that night surprised him but it
can't be tolerated and there was nobody there to judge it or address it and it was inappropriate. He stated it
violates every tenet of civility and the rules which we treasure going forward with this. He reminded them
that the Commission that is suffering and listening patiently to everybody's comments tonight is a young
commission. He stated, in his judgment, they do not do this with malice, but there is a genuine disagreement
in terms of the conduct of the business of the City by these Commissioners. He stated he has worked with
them and they are passionate about doing well for this City and will serve us well. He stated regardless of
how this turns out, they need to fall in behind so it doesn't denigrate this City anymore than it has. He stated
these three Commissioners are of good mind, good cheer, ethical people and suggestions otherwise would not
be genuine or true.
Paul Parsons, 1970 Mipaula Court, stated he wasn't going to speak until he heard Mayor Fletcher speak.
He stated what Alan Jensen did that night in speaking to ex- Commissioner Fletcher and ex -Mayor Fletcher
was not calling them down, all he did was correct them. He stated there was a lot of emotion going on that
night and it was not raising of his voice or any disrespect from City Attorney Jensen. He stated two things
come to mind, one is transparency, which they ran on, and the other is that this seems to be awfully vindictive
on behalf of Commissioners Woods and Beckenbach. He stated they didn't get things their way and they go
against Alan and he believes that it is totally unfair in how it was brought up and voted on, especially when
they said there was going to be transparency and the transparency was not there. He stated he applauds
Commissioner Mark for her motion tonight.
Elaine Ferris, 500 Lighthouse Court, (Due to a major event she had to attend, she asked that her comments
be read into the record by Mayor Borno.) The firing of Alan Jensen was unfair and should be rescinded.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
Item l0A was taken out of sequence and acted on at this time.
Commissioner Mark thanked everyone for coming tonight, stating they were asking for citizen involvement
and they got it, but under the circumstances she is not sure this is exactly what they were referring to. She
stated before they get to the agenda items she wanted to personally and publicly apologize to Mr. Jensen for
the unprofessional and impersonal way that the termination of his contract was handled at the last
Commission meeting, aside from the fact that she believes it was improperly brought. She stated she also
wanted to personally and publicly apologize to the citizens of Atlantic Beach for breaching her promise to run
on open government. She stated, clearly, the actions taken by her at the last Commission meeting were the
February 13 2012 REGULAR COMMISSION MEETING Page S
complete antithesis of her campaign promise of open government. She stated in the desire to ram through a
major decision like terminating the City Attorney's contract without performing due diligence was, in her
opinion, a grave judgment error on her part and on the part of her fellow Commissioners who even
acknowledged they had only drafted their motions right before that Commission meeting. She stated the prior
Commissions have come under scrutiny as being rubber stamped commissions and they, the challengers, ran
on independence, citizen involvement and open government. She stated she believes that is what the citizens
wanted when they voted them in, but she hopes they do not think they have dibs on this commission and that
we are their rubber stamped commissioners. She stated she will not be a rubber stamped commissioner and
sits here as an independent commissioner, which was also one of her campaign promises. She stated her oath
of office is to uphold the Charter and to represent the citizens of Atlantic Beach to the best of her ability and
realizes in trying to represent all of those citizens, invariably not all of the citizens will agree with her
decisions. She assured them her decisions will be based on listening to all side of the issue and shall be
guided by her professional, ethical and moral convictions. She related a card she received from a very caring,
thoughtful citizen who shared some advice. She stated she wrote, I can emphasize with how many rip tide
waves must be washing over you right now, but consider the words of Thomas Jefferson, "in matters of style,
swim with the current; in matters of principle, stand like a rock." She stated she is confident that the
Commissioners will get past this and put aside those personal issues and agendas and begin to truly work
together as a Commission and bring our community together.
10A. 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 Tem Mark explained this is her motion.
Motion: 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.
Moved by Mark, Seconded by Daugherty
Commissioner Mark explained after their actions at the last Commission meeting questions were raised
regarding the procedure with which the motion was brought. She stated after researching this she believes the
Commission's actions violated the Atlantic Beach Code Article 2, Section 2 -19, Rule 26. She stated
Commissioner Woods' original motion was not an agenda item and was not declared an emergency, nor
affirmatively voted on as such as required by the aforementioned Code. She stated, therefore, all actions
taken on such motion, including any amendments thereto are null and void.
Commissioner Woods stated she has heard from a lot of citizens and stated she takes full responsibility for all
of them having to spend time away from their families tonight and come here and join us. She stated she was
not trying to ambush or slide anything under the radar. She stated she has given this issue a lot of thought and
to her it was a natural progression of what had been going on. She reiterated she takes full responsibility and
apologized to everyone, including Alan. She stated she had thought to call Alan a number of times and,
unfortunately, took what turns out to be some pretty bad advice and she apologizes for that. She stated again
that she wanted to apologize and say that she takes full responsibility.
Commissioner Beckenbach thanked everyone for coming and expressing their opinions. He stated he has
spoken with Alan, personally regarding the reasons he made his decision. He stated, upon review of his
involvement with the procedure while terminating the City Attorney during the last Commission meeting, he
realized that the process did not fully adhere to his own belief in promoting a more open government and for
that he apologizes. He stated though he has opened the private meeting with the City Manager, requested
citizen input during the Town Hall meetings and been instrumental in defining the committee for the review
February 13 2012 REGULAR COMMISSION MEETING Pate 9
of the police station, he believes the citizens of Atlantic Beach will be much better served if he votes to
rescind and position the Commission to have an open and frank discussion on tonight's Resolution.
Roll Call Votes:
Aye: 5 — Daugherty, Mark, Woods, Beckenbach, Borno
Nay: 0
MOTION CARRIED
Item 10B was taken out of sequence and acted on at this time.
Mayor Borno stated this was the same thing as the previous item and is now a moot point. He withdrew Item
I OB.
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.
Mayor Borno read Resolution No. 12 -03 by title.
Motion: Approve Resolution No. 12 -03.
Moved by Woods, Seconded by Beckenbach
Commissioner Beckenbach stated one of the moderators at a seminar by the Florida League of Cities shared
his thoughts regarding City Attorneys and the message he took away was, as a Commissioner one should be
comfortable and confident in their City attorney and, if one is not, know that the City Attorney serves at the
pleasure of the Commission and there are a lot of qualified attorneys available. He stated the three main
factors governing his vote on this Resolution are, replacing the City Attorney was a common theme brought
up by constituents at just about every meet and greet during his campaign; as an attendee at many of the
Commission meetings he witnessed the City Attorney's divisiveness; and as a Commissioner he has
experienced a lack of trust in Alan's judgment at times. He stated for these reasons he is neither comfortable
nor confident with Mr. Jensen continuing to serve as the City Attorney. He stated although he will be voting
for a change in the City Attorney position, he would like to thank Mr. Jensen for his service to our City.
Commissioner Mark stated she researched whether this Resolution could be brought, given the previous
action taken that rescinded their motion. She stated, according to Roberts Rules of Order, the Resolution is
not in order because of Rule 10, regarding main motions, subparagraph 3, it states apart from a motion to
rescind or to amend something previously adopted, no main motion is in order that conflicts with a motion
previously adopted at any time and still in force. If a main motion that interferes with a desired action that
has been adopted, a motion to reconsider the vote on it can be made for a limited time during that same
session. She stated it is her opinion that the Resolution is not in order, given the fact that they just passed the
motion to rescind the actions that this Resolution is now framing or requiring us to do. She would defer to
the City Attorney and if that is not interpreted correctly she will make another motion. Mr. Jensen stated he
has not reviewed that part of Roberts Rules of Order, it is not something with municipal law, that is
procedurally under Roberts Rules of Order and he is not familiar with it so he can't tell her one way or the
other.
Discussion ensued.
February 13, 2012 REGULAR COMMISSION MEETING Paae 10
Commissioner Woods withdrew her motion and Commissioner Beckenbach withdrew his second.
Commissioner Woods stated she would reserve the right to bring this issue up again at the next meeting. She
stated for those people who are wondering why she might want more than one attorney, it is for just such
instances where there is a conflict of interest and Mr. Jensen is not able to offer an opinion because there is a
conflict of interest. Mayor Borno stated he did not understand the statement about a conflict of interest and
asked Commissioner Woods to explain. Commissioner Woods stated Mr. Jensen said he was unable to
answer this question tonight and obviously his decision would affect how the Commission could act on this
issue, which is obviously a conflict of interest for him. Mayor Borno stated that was an answer back to a
question that was asked from a Commissioner. Mayor Borno clarified Commissioner Woods had withdrawn
her motion and stated if this comes up it will be an agenda item for the future. City Attorney Jensen stated it
would be a motion to reconsider what they just did. Commissioner Woods clarified, asking to reconsider the
rescinding. Mayor Borno stated yes.
City Attorney Jensen thanked everyone who showed up, stating it has been very humbling and heartwarming
to receive the overwhelming support that he has gotten from so many people. He thanked first and foremost
his wife and family, stating they have been greatly affected by this. He also thanked all his friends,
colleagues, the people in Atlantic Beach and neighboring cities, all the people in City Hall, the employees of
Atlantic Beach, past and present members of other boards in Atlantic Beach, and former elected officials in
Atlantic Beach. He stated they have all been very supportive of him. He stated he has even heard from many
elected and appointed officials and employees from other cities. He thanked everyone very much and said
God Bless all of them.
Item 10C was taken out of sequence and acted on at this time.
10C. Direct staff on steps to replace City Attorney.
Commissioner Woods withdrew this item.
Item lOD was taken out of sequence and acted on at this time.
10D. Request to review the terms of the contract for the City Attorney position at the upcoming strategic
planning workshop.
Commissioner Mark stated she wanted to put this on record as an item they should review at the Strategic
Planning workshop. Mayor Borno stated he does not believe it is good to discuss a contract at Strategic
Planning but would encourage each of them to put in writing their concerns to the City Attorney stating they
would like to discuss them. He stated he would like to see that done within the next 30 days. He stated they
could then have a workshop to discuss his contract. Mr. Jensen stated his contract has been previously
revised through the City Commission at regular meetings. He stated he does not believe it has ever been at a
workshop, but if they want to workshop it, that is probably a good idea. Commissioner Mark stated she was
agreeable to that and withdrew the item for discussion tonight.
Commissioner Daugherty stated he left the last meeting really upset and angry with the actions that were
taken. He stated he is encouraged by some of the statements tonight by some of the Commissioners showing
regret for acting too hastily and improperly. He stated he believes mistakes were made and hopefully they
have corrected a lot of those mistakes and in the future things will be done the right way and with a little more
thought. He stated when he first joined the Commission he had some issues with Mr. Jensen and he went to
his office and talked to him and they reviewed his contract. He stated he realized that Mr. Jensen is willing to
February 13. 2012 REGULAR COMMISSION MEETING _ _ Page 11
talk to the Commission and is very reasonable. He stated he also realized that he doesn't want someone
working for him as an attorney who is always going to agree with him. He wants someone there who will
keep him from making mistakes and time over time Mr. Jensen has done that. He stated he believes
Commissioner Woods has a vendetta against Alan Jensen and really hopes we can move forward with more
civility. He stated let's not dwell on the past and look at things objectively going into the future.
Commissioner Woods stated she takes issue with Commissioner Daugherty's comments about the Sunshine
Law and discussion on this between Commissioners. She stated, as a matter of fact, Commissioner
Daugherty was the only Commissioner who spoke to her about this issue before the vote. She stated she was
out with her husband at the movies and he approached her and told her he had had a conversation with a
citizen and the citizen thought it was time for a new attorney and he agreed and said she should speak with
this citizen. She stated she is bringing that out, so if it is a violation Commissioner Daugherty and she are in
it together and she apologizes but felt she should go ahead and let that be known. She thought it very odd that
Commissioner Daugherty would be accusing her of Sunshine violation when he was the one who approached
her and brought up the subject.
Mayor Borno stated he didn't see any reason to get into that one right now. He stated he doesn't believe there
are any of them up there who have not had communications with each other. He stated they know the ethics
law, they know not to discuss. He stated they do see each other in social events and need to be responsible
for their actions at all times, whether they like it or not. He stated you never discuss anything that could ever
become an agenda item that the City Commission could be called upon to vote on.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow -up Report.
Mayor Borno paused the meeting at 8:20 p.m. to allow some of the audience to leave the room if they so
chose. The meeting resumed at 8:22 p.m. He recognized Councilperson Wilson from Jacksonville Beach
who was in the audience.
City Manager Hanson gave a follow -up report on the Police Evidence Room odors from marijuana and other
narcotics and the concern over the respiratory problems that can be caused by it in being exposed to it day
after day. He stated Chief Classey is going ahead with a temporary solution of installing sophisticated filters
that will greatly improve the situation. He stated the cost is under $6,000 and the money will be transferred
from some other accounts.
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.
Mayor Borno read the Consent Agenda.
February 13 2012 REGULAR COMMISSION MEETING Page 12
Motion: Approve Consent Agenda Item A as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
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.
Mayor Borno read Resolution No. 12 -02 by title.
Motion: Approve Resolution No. 12 -02.
Moved by Daugherty, Seconded by Beckenbach
Commissioner Mark stated the Task Force wanted to add "Service" behind each mention of "Ferry" because
they are emphasizing that they are saving, not just the ferry but the service it provides, and to change
"Atlantic Marine" in the 5 th Whereas to "BAE Systems ".
of
the 5 "' whereas to "BAE Systems ".
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Borno called for a vote on the amended resolution.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
Marine"
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.
February 13 2012 REGULAR COMMISSION MEETING Page 13
Mayor Borno read Ordinance No. 20 -12 -114 by title.
Motion: Approve Ordinance No. 20 -12 -114.
Moved by Beckenbach, Seconded by Woods
Mr. Hanson explained the budget amendment and recommendation for the unused funds to go toward the
construction of a parking lot in Donner Park.
Commissioner Daugherty showed slides of the proposed parking stating he believes there is currently a
decent amount of existing parking and the proposed parking appears to impede on the soccer field. He stated
he would like to defer this until the next meeting so everyone could go to the park and look at the area before
making a decision. He stated in the past couple of years they have spent a lot of money in Donner Park and
he would like to use this money for different areas such as Jordan Park or Rose Park.
Motion: Defer to next meeting.
Moved by Daugherty, Seconded by Beckenbach
Mr. Hanson explained he would support deferral so Rick Carper could explain his drawings. He explained
this is in accordance with a long standing project they have had to try to encourage some Little League use of
the field at Donner Park.
Discussion ensued.
Commissioner Woods suggested Mr. Carper also look at somehow making the on- street parking safer.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
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.
Mayor Borno read the request by title.
Erika Hall explained the use -by- exception request, stating Mr. Jacobellis was not present. She showed slides
of the site stating this is consistent with the provision of Section 24- 111(c) and is a listed use -by- exception
that requires approval by the City Commission.
Motion: Deny request for use -by- exception by Dominic Jacobellis, CARBUYERLINK.COM LLC
d /b /a Beachside Ride.
Moved by Daugherty, Seconded by Woods
Mayor Borno opened the Public Hearing.
February 13, 2012 REGULAR COMMISSION MEETING Page 14
Mike Whalen, 1420 Mayport Road, spoke against the request, stating he thought the Commission was
going to clean up Mayport Road.
No one else from the audience spoke, so Mayor Borno closed the Public Hearing.
Commissioner Woods stated she is uncomfortable with these requests when the property owner is not present
and suggested deferral until he could be there to answer their questions.
Commissioner Daugherty stated these use -by- exceptions were one of the reasons why he ran for the
Commission. He believes they want to make Mayport Road better and encouraged the Commission to
support the denial of this request.
Commissioner Beckenbach asked if Mr. Jacobellis had already leased the property. Ms. Hall stated he had.
Discussion ensued. Commissioner Daugherty suggested the City Attorney bring back an ordinance to adjust
the zoning.
Mr. Jensen stated that would be an Ordinance change. He asked if this was a same request from a different
person that was approved for this same property in 2005. She stated it was from a different individual, the
former owner went out of business. Mr. Jensen asked if she could tell them the differences between that
application and this one. She stated the only difference she knows of is that this person has not asked for a
time limited. She stated the last individual was looking to purchase the property and possibly redevelop it
into a retail use. She stated this use is what this applicant wants to do with the property. She stated the way
this property is built out, this is the kind of business it supports in its current status. She stated it is garages
and there are doors that are conducive to repair work. She stated until someone changes the facilities, that is
what it is going to attract. Mr. Jensen stated his only concern was that this Commission has previously
approved the same application on the same piece of property under the same Ordinance and believes it may
be wise to look closer at the previous application and this application to see if there are any differences or if
there has been some sort of precedent established by prior action.
Mayor Borno stated he is hearing that maybe they should defer this until the next meeting in order to do some
research. He stated we have put a lot of effort into Mayport Road in the last three years and are behind in
adjusting the zoning over there. He requested staff come back with recommended changes to our zoning and
any other things in our Ordinance that relate to Mayport Road that could be requested as use -by- exceptions so
we have a good zoning overlay to encourage commercial businesses that would support the neighborhood.
He stated we need convenience stores in that area. He stated they can withdraw the motion and second and
move to defer or they can move to defer and override the motion. Commissioner Daugherty stated he would
also like to know if there are any legal ramifications. He stated they do want to clean up Mayport and maybe
change the zoning so this isn't something that will come before them again. Ms. Hall stated there are also
two others on the horizon.
Commissioner Daugherty withdrew his motion, Commissioner Woods withdrew her second.
Motion: Defer to next meeting.
Moved by Daugherty, Seconded by Woods
Commissioner Woods stated she has been reading about some legislation underway regarding boards and
commissions being able to postpone developments based on pending legislation and asked how that would
relate since they have given staff direction to look at our Codes. She stated at the next meeting they will need
to get that question answered as well.
February 13, 2012 REGULAR COMMISSION MEETING Page 15
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Borno recessed the meeting at 8:59 p.m.; the meeting was called to order at 9:05 p.m.
B. Report on Animal Control.
Chief Classey summarized his staff report stating it was due to a request by Commissioner Daugherty. He
explained the duties of the Animal Control officers and further explained the consequences of eliminating one
of the positions. He also discussed the use of outside kennel facilities and Atlantic Beach's Ordinance
allowing animals on the beach.
Commissioner Beckenbach asked if they have considered working with Neptune Beach as far as having their
animal control person working with our animal control. Chief Classey stated they do that on a limited basis
but to do it on a routine basis it may or may not be an issue for the other City depending on whose need was
greater. He stated he suspects, being a larger City, our need would be greater than theirs.
Commissioner Daugherty stated there are significant costs we are incurring for a service that, according to
our Interlocal Agreement, we are supposed to have provided for us, such as trapping animals, etc. He
suggested since one of our Animal Control Officers has left, that they put off hiring another Animal Control
Officer for six months and see what the results are and then revisit it when they do their budget for the
upcoming year.
Motion: Withhold hiring another Animal Control Officer until the beginning of the next budget year.
Moved by Daugherty, Seconded by Woods
Commissioner Mark asked if having only one person to answer all the calls for Animal Control would be
physically realistic. Chief Classey stated no, it would present some challenges. He stated to handle three
calls within a shift is no problem whatsoever but the problem is those calls may come in when there is
nobody here. Commissioner Mark stated it is reasonable to say those calls could occur anytime. She also
asked Chief Classey about his statement that most of the infractions come from people who let their dogs run
loose on the beach. Chief Classey stated that is where a significant portion of them do come from and it just
takes a little more observation and presence out there to deter them from doing that and to correct any
misinformation or misunderstanding they have about the requirements of the Ordinance. Commissioner
Mark stated Commissioner Daugherty had said he has received numerous complaints about our Animal
Control Officers being heavy handed and asked if these were from multiple residents, one or two residents or
what, stating that was a pretty generalized statement. She stated to her it is a 24 -hour job and she does not see
how one person would be able to adequately staff the City and provide the safety the citizens require. She
stated the Interlocal Agreement is very vague on the level of service they are required to provide us. She
stated there were many instances when she was on the beach last summer where people were allowing their
dogs to run. She stated she will not support Commissioner Daugherty's motion to wait until the end of the
fiscal year to hire a second Animal Control Officer.
Commissioner Woods asked what facilities Duval County utilizes for their animal control. She stated
according to the Interlocal Agreement, Duval County is supposed to be supplying us with Animal Control
help so she is assuming they have a kennel facility that we could be using. Chief Classey stated they keep the
February 13 2012 REGULAR COMMISSION MEETING Page 16
animals they catch here locally and after the time prescribed in the Ordinance, if the animal has not been
claimed by the owner, they transport them downtown. Commissioner Woods asked what is the current
schedule for the two ACOs. Chief Classey stated they work ten -hour shifts, seven days a week, with one day
of overlap because they work four tens in a week. He stated Wednesday had typically been their day of
overlap, which was the only day there were two ACOs on duty. He stated that was one of the main days they
made one of the weekly transports to Jacksonville and that had also been the court date scheduled every week
to hear any cases for citations that were issued. He stated since they both would have to appear in court that
seemed the most logical day for them both to be here. He stated other than that they worked separate days.
She asked if Jacksonville Beach and Neptune Beach make the same trip in town to transport animals they are
collecting out here. Chief Classey stated yes. Commissioner Woods asked if it would be possible for
Jacksonville to come here and save the beaches from making the trip into town. Chief Classey stated they
only make two trips a week and the animals have been kept here locally for the convenience of people who
want to claim them. He stated the question of whether Jacksonville could come and collect them twice a
week has not been asked of them. He stated they have had some pretty dramatic staffing cuts in Jacksonville
and are for the most part pretty responsive to animal type complaints. He stated most of their complaints or
enforcements actions are done by affidavits from the citizen, which means in most cases they don't get there
in time to be able to observe the complaint. Commissioner Woods stated she believes a discussion about this
with Duval County would be appropriate. Commissioner Woods asked what hours do most of the calls of
complaints come in regarding the beach or do they have regular hours they watch the beach. Chief Classey
stated their scheduled hours vary. He stated before they took a more consistent stance with enforcement and
patrol their compliance rates decreased and the complaints increased. Commissioner Woods stated she was
not looking at changing our level of service as much as she is figuring out how we can work together with the
other beaches and Duval County to make it work better and more efficiently for all of us and for Duval to step
up to the plate a little bit and meet the agreements of the Interlocal Agreement. She believes we need to defer
until we get some of these questions answered.
Mayor Borno stated the Interlocal Agreement is extremely vague and is on the radar to be addressed. He
stated his strong opinion is that we hire a second ACO, and it is funded for this year.
Commissioner Daugherty stated he recognizes that a lot of people who complain have a disregard for the law.
He further explained some of the complaints he has received. He stated there is a lot to discuss and believes
they should defer hiring someone until they have had time to give this serious consideration on the future of
where they want their animal control.
Commissioner Woods asked for clarification that the $30,000 would be for private boarding and if they used
Jacksonville's kennels there would be a zero cost. Chief Classey stated that was correct. Commissioner
Woods stated she would like to start the dialogue with Jacksonville and she is not sure waiting until October
to hire someone is a good solution but suggested hiring someone part-time.
Motion: Amend to defer the hiring of an ACO until staff comes back with recommendations.
Moved by Daugherty
Mr. Hanson stated he believes if we did away with animal control services and just got the level of service
that Jacksonville provides that everyone would be horribly dissatisfied. He stated one of the reasons we have
a City here is so we can provide a much higher level of services.
Discussion ensued.
February 13, 2012 REGULAR COMMISSION MEETING Page 17
Chief Classey stated their existing Animal Control Officer has been working seven days a week and if this is
going to drag on for some period of time that is not a very good solution. He stated something is going to
have to be done with staffing those off times at least for a minimum level of kennel services.
Mayor Borno clarified the amended motion is to defer until there is some resolution of the questions that have
been addressed, stating they need some kind of time span. Commissioner Daugherty suggested the first
meeting in March and asked the City Manager if that would be adequate time, or maybe the second meeting
in March.
Mr. Hanson stated they will move that ahead if that is what the Commission would like. Discussion ensued.
Mr. Hanson suggested that he meet with Chief Classey this week and come back with some kind of report for
the next meeting and not hire anybody until the next meeting at least.
Commissioner Daugherty withdrew his motion. Commissioner Woods withdrew her second.
Commissioner Daugherty suggested having volunteers or other departments help with the dogs in the kennel,
to avoid having to have an Animal Control Officer here seven days /week. Chief Classey stated Jacksonville
Beach has an extensive volunteer program that cares for their animals on the off days for their ACO. He
stated they don't have that luxury. He stated he did not know if Jacksonville Beach would let their volunteers
come up here but it is a question that could be asked.
C. Creation of Police Building Committee.
Mayor Borno discussed the background of the decision to create the committee at the last Commission
meeting, stating they are now at the point to select from the list of interested citizens. He stated he has
selected Steve Lindorff and Chris Rule, and appoints Jack Varney as Chair; Commissioner Daugherty
selected Jim Smith and Mitch Reeves; Commissioner Beckenbach selected Don Ford and William
Whittington; Commissioner Woods stated she would like to see the committee expanded to these thirteen
who were willing to serve and recommended that they select all thirteen; Commissioner Mark selected
Juliette Hagist and Darlene Kelley.
Mayor Borno stated he thought they had an agreement on January 23 that this was going to be the process
with eleven. Mayor Borno stated he believes they are doing a disservice to themselves by not following their
previous agreement. Commissioner Woods stated she did not see anything wrong with being flexible and
would make the motion to see if she gets a second.
Motion: Accept all thirteen who have volunteered to be on the committee.
Moved by Woods, Seconded by Mark
Mayor Borno reiterated they are doing a disservice to themselves if they can't be consistent with what they
plan and agree. He asked why do they go through this process if they are going to turn around and reinvent
the wheel every time. Commissioner Daugherty agreed with Mayor Borno, stating one of their agreements
was that the members of the committee be nonbiased and open minded and have not previously gone on
record opposing any alternatives. He stated Don Ford has spoken at every meeting we have had on this and
has been very contentious. He stated he wants people on the committee who are open minded and not a
proxy for someone and he has an objection to Don Ford being on the committee. Mayor Borno stated they
agreed to select eleven members and he is not going to challenge anyone.
February 13 2012 REGULAR COMMISSION MEETING Page 18
Roll Call Votes:
Aye: 3 — Woods, Beckenbach, Mark
Nay: 2 — Daugherty, Borno
MOTION CARRIED
Mayor Borno stated Don Ford, Juliette Hagist, Jim Smith, Steve Lindorff, William Whittington, Jack Varney,
Carl Harkleroad, Chris Rule, Louis Keith, Darlene Kelley, Stephen Kallao, Arthur Corsano and Mitchell
Reeves are thereby appointed. He asked that the Chair, Jack Varney, get with the City Manager to work out
the meetings. He stated there will be a facilitator selected. He stated they are to report back to the
Commission by not later than 9 weeks. He stated that committee is hereby put into effect tonight.
9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported on a mortgage foreclosure suit, Jacksonville Bank vs. Nicholas Overman,
stating the City was named as a party because we have a lien on him as a result of an unpaid animal control
citation. He stated the City Attorney will file the necessary paperwork to protect our interest.
Stated he would like to schedule a workshop at 5:00 p.m. before the next meeting to present an update on the
stormwater master plan. He stated sandwiches would be provided. It was the consensus of the Commission
to do this.
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.
This item was taken out of sequence and acted on earlier in the meeting.
B. Review of procedure used to terminate City Attorney at last commission meeting.
This item was taken out of sequence and acted on earlier in the meeting.
C. Direct staff on steps to replace City Attorney.
This item was taken out of sequence and acted on earlier in the meeting.
D. Request to review the terms of the contract for the City Attorney position at the upcoming strategic
planning workshop.
This item was taken out of sequence and acted on earlier in the meeting.
Commissioner Woods
• Thanked everybody for their decorum and keeping cool heads through tonight's very difficult
meeting.
Commissioner Mark
• Announced there will be a Save the Ferry Rally on February 18 on the north side of the river and
the Jacksonville Port Authority's Board Meeting will be held on February 27 at 9:00 a.m. She
February 13, 2012 REGULAR COMMISSION MEETING Page 19
urged everyone to send emails or make phone calls to show their support if they can't make the
meeting.
Commissioner Daugherty
• Stated there was one item he believes they need to get an answer on and that was that
Commissioner Woods wrote a letter to the editor stating "the Attorney General has given an
official opinion that the action to terminate Alan Jensen's contract at the January 23
Commissioner meeting was in full compliance in accordance with the law." He stated it reads in
part, and she quotes, "the action Monday by the Atlantic Beach Commission was not an ordinance
or resolution, it was a vote on a personnel matter and on a position that is appointed by the
Commission. According to the Attorney General's office there is no legal requirement for elected
public boards to advertise on the agenda such an item." He stated when he received this email he
was shocked because it takes a long time for the Attorney General to render any such opinion and
because this was such a short time after, he called Mr. Hanson and Mr. Jensen to see what was up
with this. He stated it was a surprise and shock to them as well. He stated he asked that Mr.
Hanson find out what was going on with this and he did. He stated Mr. Hanson requested our
attorney, Alan Jensen, to ask them and in the second email it states, no Attorney General's opinion
commenting on actions taken by the Atlantic Beach City Commission has been issued. Mayor
Borno asked Commissioner Daugherty what his request was. Commissioner Daugherty stated his
request was an explanation. He stated he wants this added to the minutes. He stated this is not the
first time Commissioner Woods has done something and we have had to go back to save ourselves
legally. Commissioner Daugherty stated he wants a resolution for the next meeting to disavow the
letter to the editor that Commissioner Woods wrote as a Commissioner which was a blatant
fabrication of the facts. Mayor Borno stated that request is duly noted and he can work out the
details and put it on the agenda and it will be dealt with at that time. Commissioner Woods asked
for the opportunity to respond. Mayor Borno stated they were in Reports and Requests.
Commissioner Woods stated she had been ambushed. She stated that was put on Drew Dixon's
blog. She stated Drew said he had requested from the Attorney General an opinion about what
had happened at the meeting and he put on his blog that that was the opinion from the Attorney
General. She stated her bad was that she did not check it; she took it at his word that he had
requested it. She stated Drew's comments said exactly what she quoted there. She stated that was
not her language and if Commissioner Daugherty had looked into it he would know that. She
stated it is Drew Dixon's language from the Jacksonville paper, going to the Attorney General's
office and asking them about the action we took. She stated Commissioner Daugherty is really
trumping up charges here. She stated that is exactly what was quoted, exactly what was said and
she did not make any of it up. Mayor Borno stated that is her explanation and she is on record.
Commissioner Mark
• Stated, as a Commission, when they are addressing any issue on the dais, it is proper that they
address it through the Mayor and avoid personally calling anyone out in any statements,
regardless. She stated she would ask for that decorum and respect so it does not get to personal
attacks. Mayor Borno agreed, stating she made a good point.
Mayor Borno
• Asked, as discussed earlier, that staff look into any suggested changes to the Ordinance for zoning
for Mayport Road and when time permits they need to look at it and review previous decisions
made for Mayport Road.
February 13, 2012 REGULAR COMMISSION MEETING Page 20
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting
adjourned at 10:14 p.m.
Mike Borno
Mayor /Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
AGENDA ITEM # 2A
FEBRUARY 27, 2012
Vrodamation
Commemorating the 100 Anniversary of Girl Scouting
WHEREAS, March 12, 2012, marks the 100 anniversary of Girl Scouting in America,
begun by Juliette Gordon Law in 1912 in Savannah, Georgia; and
WHEREAS, Girl Scouting in Florida began in 1912, making this the 100 year of Girl
Scouting in the state as well as in our nation; and
WHEREAS, throughout its distinguished history, Girl Scouting has inspired millions of
girls and women with the highest ideals of courage, confidence, and character; and
WHEREAS, through the Girl Scout leadership experience, girls develop the skills and
lessons that will serve them a lifetime; and
WHEREAS, Girl Scouting takes an active role in increasing girls awareness of the
opportunities available to them in math, science, sports, technology, and other fields that can
expand their horizons; and
WHEREAS, more than three million current Girl Scout members nationwide are
celebrating 100 years of tradition and leadership with nearly 50 million women who are former
Girl Scouts and living proof of the impact of the movement.
NOW, THEREFORE, LET IT BE PROCLAIMED, by the Mayor of Atlantic Beach,
Florida, that the week of March 11, 2012, be recognized as GIRL SCOUT WEEK, and March
12, 2012, be recognized as GIRL SCOUT DAY.
IN WITNESS WHEREOF, I have hereunto set
My hand and caused the Official Seal of the City
Of Atlantic Beach to be affixed this 27` day of
February, 2012.
Mike Borno, MAYOR
City of Atlantic Beach AGENDA ITEM # 4A
FINANCIAL REPORT FEBRUARY 27, 2012
JANUARY 2012
Cash Balances
Prior Current Dollar
Fund(s) 12/31/11 01/31/12 Change
General
$7,749,974
$7,474,724
($275,250)
Tree Replacement
3,509
3,509
0
Convention Development Tax
23,881
17,791
(6,090)
Local Option Gas Tax
141,091
164,215
23,124
Better Jax 1/2 Cent Sales Tax
138,755
126,698
(12,057)
Police Training, Forfeiture, Grants, etc.
137,446
132,070
(5,376)
Community Development Block & ARRA Grants
(76,934)
(86,431)
(9,497)
Debt Service
23,204
28,973
5,769
Capital Projects
2,347,268
2,376,845
29,577
Utility
3,666,805
5,108,570
1,441,765
Sanitation
678,086
677,781
(305)
Building Code Enforcement
29,096
27,058
(2,038)
Storm Water
1,072,764
1,082,594
9,830
Pension - Police
38,313
41,279
2,966
Pension - General
154,439
47,904
(106,535)
Investments - Unallocated Gains (Losses)
(90,762)
140,600
231,362
Total
$16,036,935
$17,364,180
$1,327,245
0
0.31%
Total Restricted Cash
2,950
$7,943,436
0
N/A
Total Unrestricted Cash
$9,420,744
17,364,180
Total $33,632,828 $35,839,504 $2,206,676
(1) 30 day SEC Yield as of 01/31/12
(2) Rate of return as of 01/31/12
Cash and Investments
Prior
Current
Dollar
Interest
Account
12/31/11
01/31/12
Change
Rate
Bank of America - Depository
$5,846,613
$6,020,215
$173,602
0.25%
Eaton Vance Government Obligation Fund
4,019,156
4,021,893
2,737
2.38%(l)
Loomis Sayles Limited Term Government & Agency Fund 2,005,525
2,019,738
14,213
1.55%(l)
Delaware Corporate Bond Fund
1,019,964
1,048,538
28,574
4.13%(l)
Loomis Sayles Investment Grade Bond Fund
998,877
1,033,177
34,300
3.18%(l)
Lord Abbett Income Fund
1,007,900
1,036,485
28,585
3.99%(l)
Goldman Sachs Inflation Protected Secs Fund
1,135,673
2,180,907
1,045,234
1.00%
(1)
MorganStanley SmithBarney AA Money Trust
0
0
0
0.01%
SBA - Florida Prime
277
277
0
0.31%
Cash on Hand
2,950
2,950
0
N/A
Subtotal 16,036,935
17,364,180
1,327,245
Rate of
Return
Police Pension Investments
6,466,413
6,698,142
231,729
3.58%(2)
General Pension Investments
11,129,480
11,777,182
647,702
4.39%(2)
Subtotal 17,595,893
18,475,324
879,431
Total $33,632,828 $35,839,504 $2,206,676
(1) 30 day SEC Yield as of 01/31/12
(2) Rate of return as of 01/31/12
City of Atlantic Beach AGENDA ITEM# 4A
FINANCIAL REPORT FEBRUARY 27, 2012
JANUARY 2012
Revenues
Fund / (Footnote)
Annual
Estimate
YTD - 33%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
General (1)
$10,964,642
$3,651,226
$5,703,884
$2,052,658
56.22%
Convention Development Tax
72,000
23,976
88,906
64,930
270,81%
Local Option Gas Tax
472,612
157,380
143,334
(14,046)
-8.92%
Better Jax 1/2 Ct Sales Tax
646,212
215,189
202,936
(12,253)
-5.69%
Police Training, Forfeiture & Grants, etc.
138,796
46,219
49,737
3,518
7.61%
Grants
318,214
105,966
44,789
(61,177)
- 57.73%
Debt Service
71,300
23,743
24,303
560
2.36%
Capital Projects (2)
2,255,737
751,160
175,518
(575,642)
- 76.63%
Utility (3)
8,368,949
2,786,861
5,172,548
2,385,687
85.60%
Sanitation
1,804,500
600,899
588,243
(12,656)
-2.11%
Building Code Enforcement
265,900
88,545
68,908
(19,637)
- 22.18%
Storm Water
972,200
323,743
315,791
(7,952)
-2.46%
Pension - Police (4)
1,232,311
410,360
772,714
362,354
88.30%
Pension - General (4)
2,122,019
1 706,632
1,622,208
915,576
129.57%
Total $29,705,392 $9,891,899 $14,973,819
Analysis of Major Variances
(1) The $2,052,658 positive variance in the General Fund resulted from having received
52% of the budgeted property taxes. Typically the majority of the property taxes are
received from the City of Jacksonville in December & January
(2) The $575,642 negative variance in the Capital Projects Funds resulted from not having
received the proceeds from the proposed loan for the new Public Safety building. If the
loan was not included in this calculation, the variance would be a positive 1.2 %.
(3) The $2,385,687 positive variance in the Utility Funds resulted from receiving proceeds
from the State Revolving Fund Loan for the sewer plant improvements. If the loan was
not included in this calculation, the variance would be a positive 4 %.
(4) The $362,354 positive variance in the Police Employee Pension Fund & the $915,576
positive variance in the General Employee Pension Fund resulted from changes in
market values of the investments.
City of Atlantic Beach
FINANCIAL REPORT AGENDA ITEM #4A
JANUARY 2012 FEBRUARY 27, 2012
Expenses
Analysis of Major Variances
(1) The positive variance in the Public Safety divisions resulted from no expenditures fiscal
year to date on the Police Building — see Project Activity Schedule. The variance without
the budget for the Police Building is a positive 6.5 %.
(2) The negative variance in the Public Utilities department resulted from the October
payment of principal and interest on the Utility Revenue Bonds and the State Revolving
Fund Loan. If the Debt Service payments were not included in this calculation, the
variance would be a negative 4.6 %.
(3) The positive variance in the Personnel Services resulted from vacant positions that
have not been filled. The current vacancies include the following departments: Planning
& Zoning, Painters, City Manager, Police Patrol & Lifeguards. The Lifeguards are
typically seasonal employees working May through September.
Annual
YTD - 33%
YTD
Dollar
Percent
Department / (Footnote)
Estimate
of Estimate
Actual
Variance
Variance
Governing Body
$41,986
$13,981
$14,664
($683)
-4.89%
City Administration
2,660,587
885,977
812,947
73,030
8.24%
General Government
778,668
259,297
260,670
(1,373)
-0.53%
Planning and Building
478,867
159,462
143,476
15,986
10.02%
Public Safety (1)
10,064,396
3,351,445
1,658,598
1,692,847
50.51%
Recreation and Special Events
394,207
131,271
152,489
(21,218)
- 16.16%
Public Works
6,005,918
1,999,971
1,765,149
234,822
11.74%
Public Utilities (2)
14,271,501
4,752,409
5,488,895
(736,486)
- 15.50%
Pension - Police
587,832
195,748
210,459
(14,711)
-7.52%
Pension - General
740,710
246,656
245,999
657
0.27%
Total
$36,024,672
$11,996,217
$10,753,346
$1,242,871
Annual
YTD - 33%
YTD
Dollar
Percent
Resource Allocation
Estimate
of Estimate
Actual
Variance
Variance
Personnel Services (3)
$9,854,955
$3,281,699
$3,018,485
$263,214
8.02%
Operating Expenses (1)
10,366,582
3,452,072
3,327,884
124,188
3.60%
Capital Outlay (1)
11,847,280
3,945,146
2,432,484
1,512,662
38.34%
Debt Service (2)
2,297,807
765,170
1,421,809
(656,639)
- 85.82%
Transfers
1,658,048
552,130
552,684
(554)
-0.10%
Total
$36,024,672
$11,996,217
$10,753,346
$1,242,871
Analysis of Major Variances
(1) The positive variance in the Public Safety divisions resulted from no expenditures fiscal
year to date on the Police Building — see Project Activity Schedule. The variance without
the budget for the Police Building is a positive 6.5 %.
(2) The negative variance in the Public Utilities department resulted from the October
payment of principal and interest on the Utility Revenue Bonds and the State Revolving
Fund Loan. If the Debt Service payments were not included in this calculation, the
variance would be a negative 4.6 %.
(3) The positive variance in the Personnel Services resulted from vacant positions that
have not been filled. The current vacancies include the following departments: Planning
& Zoning, Painters, City Manager, Police Patrol & Lifeguards. The Lifeguards are
typically seasonal employees working May through September.
City of Atlantic Beach
FINANCIAL REPORT
JANUARY 2012
Project Activity - Curren Year Activity Only
AGENDA ITEM # 4A
FEBRUARY 27, 2012
Project Name
Project
Number Budget
YTD YTD
Actual Balance
Status
Public Safety
Retrofit HVAC Systems
GG1201
190,414
0
190,414
Lifeguard Building Roof Replacement
LG0901
4,750
0
4,750
Police Building Renovation /Design /Construction
PS0504
4,432,582
0
4,432,582
4,627,746
0
4,627,746
Public Utilities:
TMDL - Lift Station /Main Transfer Flow
PU0906
72,810
20,623
52,187
Donner Subdivision Sewer Rehabilitation
PU1015
175,590
173,813
1,777
Replace 2" Water Main - 11th Street
PU1104
61,283
43,355
17,928
TMDL Upgrade /Construction - WWTP #1
PU 1106
3,218,851
1,774,600
1,444,251
TMDL Sludge /Odor Improvements
PU1110
2,392,784
280,131
2,112,653
Elevated Tank #1 - Internal Rehabilitation
PU1201
40,000
0
40,000
Ground Storage Tank WP #2 - Interior Rehabilitation
PU1202
40,000
0
40,000
Ground Storage Tanks WP #3 - Recoat Interior
PU1203
60,000
0
60,000
Water Main - 12th Street at Ocean Blvd /Beach Ave
PU1204
60,000
0
60,000
Water Main - 14th & 15th Street at Ocean Boulevard
PU1205
140,000
0
140,000
Sewer Rehabilitation - Area B
PU1206
300,000
0
300,000
Subtotal
6,561,318
2,292,522
4,268,796
Public Works:
Riverbranch Preserve - Kayak & Canoe Launch
PM0804
16,113
14,906
1,207
Lighted Parking - Donner Park
PM1106
35,090
0
35,090
Security Cameras - Donner Park
PM1109
1,000
0
1,000
Veteran's Park - Phase II - Memorial Garden
PM1110
2,632
0
2,632
Howell Park Bridge Replacement
PM1201
25,000
0
25,000
Bull Park Playground Equipment Replacement
PM1202
40,000
0
40,000
Sidewalk & Curb Replacement
PW1101
5,406
5,406
0
Sidewalk & Curb Replacement
PW1201
25,000
5,345
19,655
East Coast Drive Drainage Improvements
PW1202
50,000
0
50,000
Subtotal
200,241
25,657
174,584
Total
$11,389,305
$2,318,179
$9,071,126
Status Key
A - Bid Advertised
I - Project In- progress
B - Bid Awarded
N - Complete /Non - Capital
C - Project Completed
R - Re- budget Next Fiscal Year
D - Design Completed
X - Project Cancelled
E - Design Phase
E
E
C
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AGENDA ITEM # 4A
FEBRUARY 27, 2012
City of Atlantic Beach, Fl.
Utility Sales Report
w
Januar 2012 January 2 011
Gallons Actual
Revenue >
Gallons Actual
Revenue e
Water Sales . Accounts
0000 Revenue
Per 1 ,000 gt Accounts
0000 Revenue
Per 1 ,000 gi
Atlantic Beach I
5
35,415 $133,460
$3.77 5,566
38,172 $143,191
$3.75
Buccaneer
2,444
16,108 $88,847
$5.52 2,441
15,365 $81,124
$5.28
Total Water Sales
8,027
51,523 $222,307
$4.31 - 8,007
53,537 $224,315
$4.19
r
Gallons Gallons
Water Plant Production
0000
0000
Atlantic Beach 19
Buccaneer
45,004
19,133
39,683
24,198
Total Production
64,137
63,881
Total Water Billed
A
51,523
53,537
Water Loss for month:
12,614
10,344
Percentage Loss
19.67%
16.19%
Total 12 mo. Avg. Loss
17.59%
15.61%
t ��� -»�
w
I'Accounts
Gallons Actual
Revenue
Gallons Actual
Revenue
Sewer Sales
0000 Revenue
Per 1,000 gi Accounts
0000 Revenue
Per 1,000 gi
O F
$7.63 5,094
30,905 $234,298
$7.58
Atlantic Beach
5,158
29,702 $226,636
Buccaneer
2,340
17,941 $173,299
$9.661, 2,324
17,062 $168,588
$9.88'
Total Sewer Sales
7,498
47,643 $399,935
$8.39 N 7,418
47,967 $402,886
$8.40
Gallons Actual Revenue F , Gallons Actual Revenue
Sewer Treatment
0000 Revenue
Per 1,000 gi
0000 Revenue
Per 1,000 g
L
Atlantic Beach
42392 $226,636
$5.35
42.237 $234,298
$5.55
Buccaneer
18.317 $173,299
$9.46`
18.290 $168,588
$9.22
60.709 $399,935
$6.59 `
60.527 $402,886
$6.66
Total Sewer Treated
AGENDA ITEM # 4A
FEBRUARY 27, 2012
PREPARED 2/21/12,-8:21:53
LICENSE ACTIVITY REPORT BY BUSINESS NAME
City of Atlantic Beach ALL LICENSES
NEW LICENSES
FOR YEAR:
2012 BETWEEN: 01/01/12 TO 01/31/12
PROGRAM OL122L
DEPT: ALL DEPARTMENTS
CLASS: ALL CLASSES
-- - - - - -- --- r------------ ---------------------
LIC #
--------------------------------------------------------------------------------------------------
BUSINESS NAME
ISSUED
TYPE
CLASSIFICATION
12- 00007085
BURRITO CANTINA ;INC
1/19/12
TRN
RESTAURANTS(INC. SNACK BARS & TAKE O
12- 00007486
r
BURRITO CANTINA INC
1/19/12
NEW
FISH /SEAFOOD MARKET
12- 00007484
CARLOS EARL HOBBS JANITORIAL
1/19/12
NEW
CLEANING /JANITORIAL /MAID SERVICE
12- 00007488
CATE LEWIS
1/25/12
NEW
RENTALS: OTHER THAN LISTED
12- 00004644
GERALD BENNETT & D.J.CHANEY SV
1/19/12
RNW
AUTO: SERVICE /REPAIR
12- 00007483
GREEN FROG ENTERPRISES
1/19/12
NEW
LAWN /YARD SERVICE
12- 00005396
LORRAINE MILLSPAUGH ART DESIGN
1/19/12
RNW
MISC. SERVICE ESTABLISHMENT, NOT LIS
12- 00007034
MPG AUTOMOTIVE PERFORMANCE,INC
1/19/12
RNW
AUTO PARTS /SUPPLIES
12- 00007035
MPG AUTOMOTIVE PERFORMANCE,INC
1/19/12
RNW
AUTO: SERVICE /REPAIR
12- 00007481
NANCY C HARRISON, ESQ.,P.L.
1/19/12
NEW
ATTORNEY FIRM /CORPORATION
12- 00007482
NANCY C HARRISON, ESQ.,P.L.
1/19/12
NEW
ATTORNEY
12- 00007489
PAULA DRAKE DEAN INSURANCE INC
1/30/12
TRN
INSURANCE AGENCY
12- 00007490
PAULA DRAKE DEAN INSURANCE INC
1/30/12
NEW
INSURANCE AGENT
12- 00005916
STOVALL ENT.INC- SUBWAY #832
1/18/12
RNW
RESTAURANTS(INC. SNACK BAAS & TAKE O
12- 00007487
THE HOME PLATE DINER
1/24/12
NEW
RESTAURANTS(INC. SNACK BARS & TAKE O
GRAND TOTALS
-------- - - - - --
NEW LICENSES
AC:
8
PP:
0
IN:
0
VO:
0
PG:
0
BR:
0
OB:
0
UC:
0
LIC:
8
r.
�� S 1 r
1 4
f
A8.
i
I�V
ir
Wb
, MR
l
pl -
02/17/12
CITY OF ATLANTIC BEACH
LIST OF ITEMS TO BE DECLARED SURPLUS AGENDA ITEM# 4B
27- Feb -12 FEBRUARY 27, 2012
DEPARTMENT
DESCRIPTION
Police
1998 Chevy Tahoe
Police
1998 Ford Contour
Feb-10. 2012 2:08PM
f?
IN RE: FORFEITURE OF THE FOLLOWING
DESCRIBED PROPERTY.
1998 WHITE 4 -DOOR FORD CONTOUR,
VIN: 1 FAFP6634XK189377, FL TAG 925
JGP`
MICHAEL CLASSEY, AS CHIEF OF THE
ATLANTIC BEACH POLICE
DEPARTMENT,
PLAINTIFF
vs.
REBECCA ROBYN BURTNETT,
CLAIMANT(S)
No, 3640 P. 1
AGENDA ITEM # 4B
FEBRUARY 27, 2012
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL
CIRCUIT, IN AND FOR DUVA COUNTY, FLORIDA
CLERK NO.: 162011 CA007838AXXXMA
DIVISION: CVF
FINAL ORDER OF FORFEITURE
This cause came on to be heard on Plaintiffs Motion for Final Order of Forfeiture, and having reviewed the
pleadings and affidavits filed herein, and being otherwise fully advised in the premises, the Court finds:
1. This Court entered Its Order Finding Probable Cause and Directing Claimant to Respond on
October 13, 2011.
2. Personal service of the Complaint and Order was attempted on November 2, 2011. Said attempt was
successful by personal or substitute service.
3. Service by publication was completed on November 3, 2011.
4. This Courts Order Finding Probable Cause and Directing Claimant to Respond required Claimant to
flle and serve a written response within twenty (20) days of service thereof. Motion for Default and Default have been
filed with and entered by the Clerk and it Is upon that Default that Plaintiff moves for Final Order of Forfeiture.
5. Based on the Affidavit and pleadings of the Plaintiff and the default entered by the Clerk, the
above- described property was possessed, used, or Intended to be used in violation of Section 932.701, Florida
Statutes. it Is therefore,
ORDERED that the above - described property, 1998 WHITE 4 -DOOR FORD CONTOUR, VIN:
1 FAFP6634XK1 59377, Fl. TAO 925 JGP, Is hereby forfeited to the use of the Atlantic Beach Police Department,
DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this day of February,
2012.
CIRCUIT MYGE � G�
cc: Stephen Edward Parks Grlsselt
Assistant State Attomey
Forfeiture Division
220 East Bay Street, 8th Floor
Jacksonville, Florida 322023429
RE ROBYN BURTNEfT
531 ASHCROFT LANDING DRIVE
JACKSONVILLE, FL 32226
Feb.10. 2012 2:09PM
G l�"
IN RE: FORFEITURE OF THE FOLLOWING
DESCRIBED PROPERTY:
1998 CHEVROLE=T TAHOE ViN:
1 GNEK13R3WJ339944
MICHAEL CLASSEY, AS CHIEF OF THE
ATLANTIC BEACH POLICE
DEPARTMENT,
PLAINTIFF
vs.
ANDREW SCOTT SMILLIE,
CLAiMANT(S)
No. 3641 P. 1
AGENDA ITEM # 4B
FEBRUARY 27, 2012
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL
CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA
CLERK NO.: 162011CA003467AXXXMA
DIVISION: CVD
FINAL ORDER OF FORFEIT_ I E
This cause came on to be heard on Plaintiffs Motion for Final Order of Forfeiture, and having reviewed the
pleadings and affidavits filed herein, and being otherwise fully advised in the premises, the Court finds:
1. This Court entered Its Order Finding Probable Cause and Directing Claimant to Respond on May 9,
2011,
2. Personal service of the Complaint and Order was attempted on May 27, 2011. Said attempt was
unsuccessful.
3. Service by publication was completed on May 24, 2011. -
4. This Court's Order Finding Probable Cause and Directing Claimant to Respond required Claimant to
file and serve a written response within twenty (20) days of service thereof. Motion for Default and Default have been
filed with and entered by the Court and it is upon that Default that Plaintiff moves for Flnai Order of Forfeiture.
5. Based on the Affidavit and pleadings of the Plaintiff and the Default entered by the Court, the
above- described property was possessed, used, or intended to be used In violation of Section 932.701, Florida
Statutes. it is therefore,
ORDERED that the above - described property, 1998 CHEVROLE=T TAHOE VIN: 1 GNEK13R3WJ339944, is
hereby forfeited to the use of the Atlantic Beach Police Department.
DONE AND O RDERED in Chambers at Jacksonville, Duval County, Florida, this day of February,
2012.
CIRCUIT J WIVO ZU
Cc: Stephen E=dward Parks Orissett A/Jeep M. Johnson
Assistant State Attorney
Forfeiture Division
220 Last Bay Street, 8th Floor
Jacksonville, Florida 32202 -3429
ANDREW SCOTT WILLIE
2044 CYPRESS LANDING DRIVE
ATLANTIC BEACH, FL 32233
AGENDA ITEM # 4C
FEBRUARY 27, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:
Upgrade City Internet Service
SUBMITTED BY:
Keith Randich, Information Technology Manager
DATE:
January 27, 2012
BACKGROUND:
The City's three -year contract for Internet Service with
Deltacom expired on December 21, 2011, and is currently on
a month -to -month contract. The City's use of this service
has reached the capacity of the present link. The City
sought quotes for Internet Service at twice the capacity of
the present link. Comcast Business Class has offered to
replace the City's copper connection with high -speed fiber at
no cost. The monthly cost of this new service is $819 per
month for a three -year contract. The City now pays $871
per month for less than half of the capacity of the new link.
Quotes were also received from Deltacom /Earthlink,
Windstream /Paetec, and Florida DMS /AT &T.
RECOMMENDATION:
Authorize the City Manager to enter into a three -year
contract with Comcast Business Class for Internet Service.
ATTACHMENTS:
1) Comcast Sales Order Forms
2) Quote Table
BUDGET:
Budgeted in Information Technology Communications
Account 001 - 1011 - 516 -41.00 for FY12.
REVIEWED BY CITY MANAGER:
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AGENDA ITEM # 4C
FEBRUARY 27, 2012
Amendment No. FL -JN- 121511 - COAB /A1
FIRST AMENDMENT
to
Comcast Enterprise Services Master Services Agreement No. FL -JN- 121511 -COAB
This First Amendment ( "Amendment ") is concurrently entered into on January 18, 2012 ( "Effective
Date ") in conjunction with the Comcast Enterprise Services Master Services Agreement No. FL -JN-
121511-COAB ( "Agreement ") by and between Comcast Cable Communications Management, LLC
( "Comcast ") and City of Atlantic Beach ( "Customer "), individually referred to herein as "Party" and
jointly referred to as "Parties ". In the event of an explicit conflict between this Amendment and the
Agreement, the terms and conditions of this Amendment shall take precedence in the interpretation of the
explicit matter in question. Unless otherwise set forth herein, all capitalized terms set forth herein shall
have the same meaning as set forth in the Agreement.
Whereas, the Parties desire to amend the Agreement by this writing to reflect the amended or additional
terms and conditions to which the Parties have agreed to;
Now, therefore, in consideration of the mutual covenants, promises, and consideration set forth in this
Amendment, the Parties agree as follows:
1. Article 11.15 of the Enterprise Services General Terms and Conditions ( "General Terms and
Conditions ") is hereby added and reads as follows:
"In the event Customer is unable to secure funds or if funds are not appropriated by the applicable state
agency for performance during any fiscal period of the term of a Sales Order, such Sales Order may be
terminated ( "Termination ") by the Customer upon written notification to Comcast, to include a copy of
the non - appropriation of funds notification, as of the beginning of the fiscal year for which funds are not
appropriated or otherwise secured. In the event Customer terminates a Sales Order under this "Non -
Appropriation of Funds" provision, neither Party shall have any further obligation to the other Party,
excepting Customer shall be responsible for the payment of any and all unpaid charges for Services
rendered and for Comcast equipment, and, any and all unpaid capital expenses incurred by Comcast on
behalf of the applicable Sales Order, all of which are to be paid by Customer to Comcast within thirty
(30) days from the Comcast provided invoice date. Customer hereby agrees to notify Comcast in writing
as soon as it has knowledge that funds are not available for the continuation of the performance as set
forth in the Sales Order, for any fiscal period under the applicable Sales Order Term."
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year
written below and the persons signing covenant and warrant that they are duly authorized to sign for and
on behalf of the respective Parties. Except as otherwise modified by this Amendment, all other terms and
conditions set forth in the Agreement shall remain in full force and effect.
Citv of Atlantic Reach Comcast Cable Communications Manauement, LLC
Signature:
Signature:
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
Comcast Cable Communications Management, LLC
CONFIDENTIAL and PROPRIETARY
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AGENDA ITEM # 4C
FEBRUARY 27, 2012
Flori Dep artment
Mannement Services
• :�'
Windstream
AGENDA ITEM # 8A
FEBRUARY 27, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: PUBLIC HEARING for 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.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: February 21, 2012
BACKGROUND: Originally scheduled for public hearing at the February 13, 2012 meeting, this item was
deferred due to the absence of the applicant and requests from Commissioners for additional information. In particular,
staff was asked if this current request presented circumstances differing from previously approved uses -by- exception,
and what, if any, conditions had been placed on previous approvals. Review of the history of automotive - related uses
reveals very little differentiation amongst the various cases. In previous approvals, the most commonly applied
condition has been a limitation on the number of vehicles allowed, and this generally has been a function of the size,
layout and accessibility of the subject property. However, Commissioners may wish to consider other conditions, such
as limitations on hours of operation, requirements for security lighting. Staff has requested that the applicant appear
with a site plan delineating areas for vehicle display and vehicular use, including customer and employee parking, to
aid in further consideration of this matter.
In support of the above suggestion, staff reiterates the following provisions of Section 24 -63:
(f) The city commission may, as a condition of the granting of any use -by- exception, impose such conditions,
restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as
the city commission may deem appropriate and in the best interest of the city, taking into consideration matters
of health, safety and welfare of the citizens, protection of property values and other considerations material to
good land use and planning principles and concepts.
(g) Any use -by- exception granted by the city commission shall pen only the specific use or uses described in
the application, as may be limited or restricted by the terms and provisions of approval. Any expansion or
extension of the use of such premises, beyond the scope of the terms of the approved use -by- exception, shall
be unlawful and in violation of this chapter and shall render the use -by- exception subject to suspension or
revocation by the city commission.
Additionally, Commissioners asked City Attorney Alan Jensen for an opinion regarding their ability to deny a use -by-
exception based upon pending legislation. As was noted by staff, there are two additional automotive - related requests
in process, and there have been as many similar inquiries regarding other Mayport Road properties over the last few
weeks. Staff is awaiting response from Mr. Jensen and direction from the Commission as to how to proceed with these
and firture automotive - related requests.
BUDGET: No budget issues.
RECOMMENDATION: Upon the applicant's attendance at the public hearing and submittal of a satisfactory
site plan, staff recommends approval of the request, with limitations set as to hours of operation and number of display
vehicles allowed on site, and the required maintenance of clearly delineated vehicular use areas for display, access,
parking; lighting improvements; along with a clear understanding that failure to maintain the site in accordance with
the conditioned approval will result in the revocation of such approval. If the applicant fails to attend the public
hearing, staff recommends denial of the application
ATTACHMENTS: Draft Community Development Board Minutes and application package.
REVIEWED BY CITY MAN A G - -
February 27, 2012 regular meeting
AGENDA ITEM # 8A
FEBRUARY 27, 2012
Minutes of the January 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 lie
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 Ile 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)(I)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. UBL -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 27, 2012
11inutes of the January 17, 2012 regular meeting of the Conunnnity 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 lie
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 his 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 liirn 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 lie 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 27, 2012
,tlinules of the January 17, 2012 regular meeling of the Connnnat ly 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 Lamhertson 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], lie 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. OTHER BUSINESS NOT REQUIRING ACTION.
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 neitlicr 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 leer 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. I-Ie added that, as discussed at the time the minimum
217 separation requirement was removed from the Atlantic Beach code a couple of years ago, lie
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
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Al
AGENDA ITEM # SA
FEBRUARY 27, 2012
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.
- T et I S ,d F%r" AoLlie -4,C aE ei i--. , -- AL5ra —n/d-- �,�Asjr:
pMhob, s �iyf or /tclec or Lo�RI►ok r,c
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
- T - "4.- P. 1 !°C 1 —%- fnQ At-2,e%,,4- t!AIZ.S . - /- r,4r C
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception
being requested.
j*-lo iSEIS Ll,nn14r Ike S'nu)acdoF 4 I VAY11Ag C'04 2
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4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
- 7 — h &-,-w— are- AdAny inns, n/® l,o Aucke -4S an �ic�er�y A /uS
-h40 duw galeeC
5. Utilities, with reference to locations, availability and compatibility;
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6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use. re rS ,4 rvrF.1.4Kr -S hop tae In In �
S C - 9 cs r mac! b Y A ! ree-4- 441 are.. i g A dig r cd - -Xar L !S h oa 4-® 1 -6.c
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.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan. -Z m. &)o-t- 5 ore
exscAe --Hv #,M Jh ,C rnnao ne A,,,,✓e- ve- A-itr /vtA&Y
Other information you may wish to provide- 771i; A15 6e-6A
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AGENDA ITEM # 8B
FEBRUARY 27, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request to Rebudget Fiscal Year 2010/2011 Community Development
Block Grant (CDBG) funds for Donner Parking Area
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: February 16, 2012
BACKGROUND: In December 2010, the Commission approved the Fiscal Year 2010/2011
Community Development Block Grant (CDBG) Program included $50,262.49 budgeted for
constructing additional parking at Donner Park. This added parking was planned for the final
phase of the multi -year upgrades and facility additions to Donner Park. Since 2009, these
additions / upgrades have included construction of two tennis courts and an outdoor restroom,
substantial work on both the baseball field and soccer / flag football field, including grading, new
turf and irrigation. The Atlantic Beach Athletic Association (ABAA) is now using the upgraded
baseball field for practice and hopes to begin league play there later this year. This alone would
require additional parking, but the increasing use of the tennis courts exacerbates the issue.
Construction of the added parking area was deferred because a St Johns River Water
Management District Environmental Resource Permit (ERP) is required for adding this amount
of impervious surface to the park, which delayed that project to the current year. Applied
Technology and Management (ATM), one of the City's General Engineering Consultants, has a
Task Order for design and permitting of the proposed parking.
A concern was expressed at the last Commission meeting about the parking area
intruding into the playing field. The proposed parking area would encumber the north 100 feet of
the park area, leaving 230 feet to the south fence (attached sketch shows the parking area
extending 122 feet from the edge of pavement of Dutton Island Road). The maximum width
playing field is 120 feet, suggesting a 180 or 210 foot length for the playing field (based on US
Youth Soccer Association recommended playing field dimensions).
Installation of lighting and a security camera have been added to this project at the
recommendation of the Police Department. Unused FY 2011/2012 CDBG funds originally
designated for Septic to Sewer Conversions have been reallocated to this project ($28,690).
BUDGET: Fiscal Year 2010/2011 CDBG Funds remaining ($55,636 — includes funds left over
from other CDBG line items) will be transferred to the Parks Division Project fund. The
proposed budget modification will also include a transfer of funds for purchase of a vehicle for
the Code Enforcement Officer. Funds were budgeted assuming additional funds from the
Energy Grant would be used to by a hybrid Ford Escape, however, Ford no longer makes a
hybrid version, and so additional funds ($3000) are needed to purchase the replacement
vehicle. Additionally, this budget modification will include a transfer of funds within the
Sanitation Fund to pay for the cost analysis of the COJ Solid Waste System approved by the
Commission at the January 9 th meeting ($18,900). Funds are available in the Planning Salary
account and in the Sanitation fund for the proposed transfers.
AGENDA ITEM # 8B
FEBRUARY 27, 2012
RECOMMENDATION: Direct Staff to bring back the Budget Modification Ordinance deferred at
the February 13 Commission meeting to rebudget the funds for Donner Park parking addition,
with the addition of the Code Enforcement Vehicle Purchase funds transfer and to allocate
funds for the COJ Solid Waste System cost analysis.
ATTACHMENTS: 1. Sketch Plan of Proposed Parking Area
2. Aerial View of Park showing parking and playing field
REVIEWED BY CITY MANAGER:
2 April 11, 2011 regular meeting
AGENDA ITEM # 8B
FEBRUARY 27, 2012
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FEBRUARY 27, 2012
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AGENDA ITEM # 8D
FEBRUARY 27, 2012
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Energy Grant Retrofits for City Mechanical Equipment
SUBMITTED BY: Michael Griffin, CBO, CFM Building Official/Interim Community
Development Director
DATE: February 17, 2012
BACKGROUND:
The City of Atlantic Beach received a $103,400 grant from the City of Jacksonville
(COJ) to perform energy audits of the City of Atlantic Beach Buildings and to retrofit the
buildings based on the audits. The COJ grant was used by the City of Atlantic Beach as
a match to a State of Florida energy grant of $234,789 of which $121,739 is to assist
with the cost of the retrofits. The State grant requires that the retrofits be completed by
April 30, 2012. The COJ grant paid for the energy audits. The audit report, which
contained the retrofit recommendations, was not completed until the end of December,
2011. Due to meeting time constraints and grant deadlines Fleet & Associates
Architects /Planners was contracted with by the City of Atlantic Beach to assist with the
review of the audit report recommendations, to prepare the request for quotes (RFQ), to
review the quotes, and to assist with implementation of the grants.
The funds for these projects are from the 2009 American Recovery & Reinvestment Act
(ARRA) and have "Buy American" and Davis -Bacon wage rate requirements. All work
must be completed by April 16, 2012. The total funds available for HVAC retrofits from
the COJ grant and State grant is $171,878.
The RFQ for HVAC Retrofits for 7 building was sent to 13 contractors on February 3rd
and quotes were received on February 15 from 7 contractors. The contractors
provided quotes on each building. A quote tabulation sheet is attached. A requirement
of the State grant is that the new HVAC systems be 35% more energy efficient than the
existing systems. Based on that requirement, the quotes were evaluated by Fleet &
Associates to determine the SEER rating of the new equipment being furnished for each
building to confirm that the 35% efficiency improvement would be met. AC General,
Beehive Heating & Air, and Ocean State Heating and Air provided the same SEER
(14.5/15) rated equipment for all the buildings. Due to the rating of the existing HVAC
equipment at 4 of the buildings, it is doubtful that the 35% efficiency could be met with
only a 14.5/15 SEER rated equipment.
The following chart includes Fleet & Associates recommendation for award based on
analysis of the quotes per building.
AGENDA ITEM # 8D
FEBRUARY 27, 2012
Building
Recommended
Quote
Reason for Recommendation
Contractor
Adele Grage
Beehive Heating and Air
$12,025.00*
Lowest Quote
Donner Park
Beehive Heating and Air
$ 5,800.00
Lowest Quote
Lowest Quote with SEER ratings that achieves
Jordan Park
B & G Refrigeration
$10,383.65
35% improvement
in energy efficiency for the entire buildin
Public Works
B & G Refrigeration
$ 9,028.90
Lowest Quote with SEER ratings that achieves
35% improvement in energy efficiency for the entire buildin
Commission
Chamber
Beehive Heating and Air
$ 6,800.00
Lowest Quote
City Hall
B & G Refrigeration
$33,346.56
Lowest Quote with SEER ratings that achieves
35% improvement in energy efficiency for the entire buildin
Police
B & G Refrigeration
$ 8,184.55
Lowest Quote with SEER ratings that achieves
Department
35% improvement in energy efficiency for the entire buildin
Total
$73
* Price includes load calculations
BUDGET: No budget impact
RECOMMENDATION: Request City Commission approve awarding proposals received for
HVAC retrofits as recommended by Feet and Associates.
ATTACHMENTS: Tabulation Sheet for HVAC Retrofit
REVIEWED BY CITY MANAGER
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AGENDA ITEM # 8E
Draft Minutes of the February 1, 2012 regular meeting of the Community Development Board FEBRUARY 27, 2012
303
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5. NEW BUSINESS.
A. ORDINANCE NO 90 -12 -214
REQUEST: Recommendation to the City Commission to amend Section 24 -151,
to establish a minimum required separation of six (6) feet between
accessory buildings and structures and other buildings and
structures; to correct four (4) incorrect references in the existing
provisions; and to reorder subsection 24- 151(b)(2), grouping those
provisions related to use and those related to dimensions.
Ms. Hall explained that the submittal before the Board �i
reincorporate a defined separation between accessory"" tuc
Code, and consisted of a draft ordinance and ,g�,� hD
affected Section 24 -151, implementing a mina q :,,: N.
24- 151(b)(2)f. Additionally she not four; correct refer
were corrected, and reordering of subs sip" (b) according
related to use and some being related sions.
Mr. Parkes said that he would support r
concurred, as did other members of the
other setback requirements t t %r
MOTION: Mr. Parkes mov6
of the ordinance before them,
Regulations to estblish a mit
buildings an Aftictt"; 's and o
noted, findift that this fiend
purpose aria rant of the``` id
6.
7 ,., :TOURNMEN'I' ;- 8:
Chris
Attest
Page 8 of 8
e out of the Board's desire to
res and other structures into the
gh / underline revision of the
six (6) foot separation as item
,es within Section 24 -151 that
application, with some being
the sep #ration to five (5fiet, and Mr. Elmore
savijf fhat it was a dimeitttixi consistent with
Regulations
. None.
to the City Commission adoption
1 4 -151 of the Land Development
EfflEve (5) feet between accessory
d making other corrections as
rted Comprehensive Plan and the
AGENDA ITEM # 8F
FEBRUARY 27, 2012
Atlantic Beach
s'i ad
w p,M
dP mli
4
Annual Report for 2011
Highlights
The Police Department applied for and received grant funding for one full time detective
position for the Crime Suppression Unit. We were also able to obtain funding for one
full time Community Oriented Policing (COPs) officer salary, as well as a significant
portion of the second COPs officer position. Additionally, Justice Assistance Grant
funding was secured for a portion of the surveillance camera that was purchased and
installed in the skate park.
The Florida Department of Law Enforcement (FDLE) completed their security audit of
the police department's Communications Center, which focuses on many technical and
physical security aspects. This audit is conducted every three years, and many new
mandatory requirements have been added since the last audit. Mandatory security
requirements relating to access to criminal data, driver information data and other
confidential information will be implemented within the department. Some of these
requirements include fingerprinting and background checks for any person who is inside
the agency and unescorted. Ultimately this means that any vendor, repair person or
other city employee, who has not passed the proper security clearance procedures, will
have to be physically escorted while within the police department. The majority of the
other mandatory requirements have to do with security of the agency firewall, biometric
upgrades to all laptops with Criminal Justice Information System information, and I.T.
agreements.
The police radios operate under the City of Jacksonville radio system. The radios are
on an 800 mhz system which went through software and hardware upgrades in 2011,
AGENDA ITEM # 8F
FEBRUARY 27, 2012
resulting in all end users being compliant with digital requirements. The cost of the
upgrades for Atlantic Beach was approximately $50,000; however it was completely
funded by a grant that was obtained through the City of Jacksonville and Alachua
County.
Additional officers were certified this year in police bicycle operations and were
deployed on the east side of Atlantic Beach, as well as the continued Community
Policing efforts in the Mayport Corridor and Royal Palms areas. Citizen feedback has
been extremely positive in regards to our Community Policing efforts. Citizen surveys
are given out by officers when they make any citizen contact. The surveys are returned
via U.S. mail and have an average rating score of 4.75 out of a possible 5. They are
asked to rate the interaction with the officer on the following topics: response time,
courteousness, listening, professionalism, and effectiveness.
The dedicated COPs officers have had consistent interaction with the youth in the
community, business owners, and residents. They attend numerous special events and
speak to citizen groups on a regular basis.
The Atlantic Beach Police Department continues to have an exceptional emergency
response time. The average emergency response time for 2011 was 2 minutes.
Crime
Part I crimes include murder, rape, robbery, aggravated assault, burglary, larceny and
auto theft. City wide, there was a 3% decrease in Part I crimes in 2011 as compared to
2010 (from 490 to 473). This drop in crime represents the lowest crime rate in more
than a decade and continues the downward trend over the past few years. All
categories of property crimes went down, but there were slight increases in some of the
crimes against persons. Crimes specifically within the Mayport Corridor were up slightly
from 2010, however they are still down 19% from 2008.
2
AGENDA ITEM # 8F
FEBRUARY 27, 2012
The state publishes crime rates for all jurisdictions semi annually and annually. Atlantic
Beach has traditionally had the lowest crime rate per capita for all of Duval County.
Although the annual crime reports have not been published at the time of this report,
Atlantic Beach did have the lowest crime rate for the first half of 2011.
Productivity
In 2011, members of the Atlantic Beach Police Department made 912 arrests, which
include 281 DUI arrests. This is a 9% total increase from 2010.
The Crime Suppression Unit (CSU) and Investigations Division continue to be very
productive. The CSU unit is comprised of two full time detectives and made over 65
felony arrests alone in 2011. Conducting alcohol enforcement deployments remains a
priority of the unit, and they completed 12 arrests for non compliance (underage sales)
this year. The unit seized over 1000 grams of marijuana, and over 100 grams of other
drugs, including pills and cocaine. They issued 177 traffic citations.
Animal Control answered 2300 phone calls regarding animal concerns. They issued
293 animal control citations, and worked 16 reported animal bite investigations. The
animal control division investigated 60 cruelty to animals cases. The ACO's conducted
an average of two monthly beach surveys to measure leash law compliance. The
average compliance rate for 2011 is 90 %. A total of 382 animals were impounded this
year.
Personnel
At the end of 2011 all positions within the police department and animal control division
were staffed.
Trainina
3
AGENDA ITEM # 8F
FEBRUARY 27, 2012
The Department remains deeply committed to providing quality training to all its
employees. In 2011, employees have attended training in the following topics:
• Electronic Crash Reporting
• CJIS Terminal Agency Coordinator
• DUI Enforcement Strategies
• Property and Evidence training seminar
• Narcotics and Dangerous Drugs Investigation
• Crime Prevention Practitioner
• Supervisor Training (numerous courses)
• Advanced Armorer
• Field Training Officer certification
• FEMA (numerous courses)
• Emotional Intelligence
• Interviews and Interrogations
• Report Writing for Police
• Crime Scene Processing
• Contraband and Asset Forfeiture
• Advanced Sex Crimes
• Laser /Radar Operator
• Firearms Instructor
• Bicycle Operations for Police
• Criminal Investigations
Advanced training keeps employees current and on the cutting edge of Public Safety
techniques, trends and strategies. The Department believes a better trained employee
results in the delivery of a higher quality of service. The above list does not include
classes taken by the employees who are enrolled in various college degree programs.
4
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AGENDA ITEM # 1 OA
FEBRUARY 27, 2012
without documentation in the minutes of the July 26 meeting. The undocumented
changes in Section 8 & 9 pertained to the mayor — commissioner.
The July 26 Final Draft Section 9 Powers (3) reads as follows: "appoint members of
official boards or advisory groups ".
The August Amended Draft Section 9 Powers (3) reads as follows: "appoint members of
official boards or advisory groups; Establish official boards and elect the members
thereof as recommended by the mayor."
All pages of the minutes of the July 26 meeting are numbered and in order, therefore
one can only assume that the minutes taken by the clerk at the meeting were incomplete
or the charter was amended at a "special meeting" where minutes were lost. In either case
the discussion between the commissioners is not available to review, but one must
assume that the commissioners of that time did not perceive the inserted wording in
Section 8 or 9 diminishing their authority. If there was concern at that time, by the
powers vested in the city commission by the city charter, a vote of the majority would
have rectified their concerns.
Thus we are back to the original intent of this letter to the commissioners: The City
Commission's ability to clarify the meaning of certain sections of the charter through the
writing or amending of ordinances that better define the meaning of the sections deemed
to require clarification, and a discussion as to the recommended amendment to Atlantic
Beach Code of Ordinances, Part 2 Code of Ordinances, Chapter 2 Administration, Article
2 City Commission, Section 2 -19, Rule 8.
I look forward to the discussion.
Respectfully,
Mark E. Beckenbach
City of Atlantic Beach Commissioner
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