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Agenda Packet 3-12-12CITY OF ATLANTIC BEACH CITY COMMISSION MEETING March 12, 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 27, 2012. 2. Courtesy of Floor to Visitors A. Audit Report by Ron Whitesides, Purvis Gray and Company 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 Monthly Building Department Activity Report, Utility Sales Report, and List of New Businesses for February 2012. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12 -04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A MORATORIUM ON USES BY EXCEPTION FOR USED CAR LOTS IN COMMERCIAL GENERAL DISTRICTS, AND PROVIDING AN EFFECTIVE DATE B. RESOLUTION NO. 12 -05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING THE MAYPORT COASTAL SCIENCES MIDDLE SCHOOL SCHOLAR BOWL TEAM ON THEIR EASTERN DIVISION CHAMPIONSHIP. 7. Action on Ordinances A. ORDINANCE NO. 20-12-114, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. 1 B. ORDINANCE NO. 90-12-214, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90 -01 -172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24 -151. ACCESSORY USES AND STRUCTURES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Approval of Art for Camelia St. Lift Station. (City Manager) B. Approval of Change Order #7 for TMDL WWTP #1 Improvements for Clarifier #1 Repairs. (City Manager) C. Award of Additive Alternate No. 3 for Bid 1011 -16 — Standby Generator Replacement. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Recommendation for appointment to Police Officers' Pension Board of Trustees. (Commissioner Daugherty) B. Request to Amend the Police Ad Hoc Committee's Charge (Commissioner Beckenbach) 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, March 9, 2012. 2 MINUTES REGULAR CITY COMMISSION MEETING February 27, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order /Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. He welcomed Boy Scout Troup 837, in the audience, who were working on merit badges. 1. Approve the minutes of the Regular Commission Meeting of February 13, 2012. Motion: Approve the minutes of the Regular Commission Meeting of February 13, 2012. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. A. Proclamation Commemorating the 100 Anniversary of Girl Scouting. Mayor Borno stated there were no representatives from the Girl Scouts here tonight but he had a Proclamation commemorating the 100 anniversary of Girl Scouting and proclaiming the week of March 11, 2012 as Girl Scout Week and March 12, 2012 as Girl Scout Day. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Mayor Borno announced that Dorothy Kerber was in an automobile accident this weekend and encouraged the citizens to give her a call. Sally Clemens, 1638 Park Terrace West, referring to Item 813, she asked if the Code Enforcement Officer's contract includes providing an automobile. She asked if it would have been better to pay her a per diem rate for City business miles. She also asked if one of the vehicles from the Police or Public Works Department could be allocated for this or could one of the cars to be auctioned be reconditioned for this usage. She also addressed 10A, stating our City Charter needs thorough tweaking to clarify the words in a citizen - friendly, simple, straight forward, plain, basic language and if it is to be voted on by the citizens at the next election should it not be ready in July. She further stated her recent observation suggests that our Commissioners be subjected to time limits to have a more fluent and objective dialogue. February 27. 2012 REGULAR COMMISSION MEETING Pa2e 2 Michael Hoffmann, 176 Camelia Street, addressed Items 8C and 8B regarding the ways the Community Development Block Grant funds have been spent and will be spent. He stated he discussed this with Commissioner Daugherty and they both believe that the CDBG funds have not been responsive to the individuals who live in the targeted communities. He stated he would like to see more input from the community, which is one of the reasons he is here. He stated he believes these should be targeted to the areas of greatest need, which is not to say he would not like to see a little of the money come to his neighborhood, Marsh Oaks. He stated he believes it is good to focus on essentially Donner and Jordan because that is where they have the pathological conditions. He addressed the prioritized projects in Item 8C, stating the sidewalks should always get priority because of the safety factor and he supports the Dutton Island stretch because it is a very heavily travelled route. He stated he does not believe they should put any money into 9 th Street West because it is too narrow and they have discussed that before. He asked why they are spending Block Grant funds on sidewalks since he understood the money would come from the General Fund. He stated he supports the Donner Ditch project and does not support the parking lot for Donner Park. Susanne Barker, 1938 Beachside Court, 10A, addressed Item 10A stating there does need to be a way that all Commissioners can voice the need for a committee and to be able to vote on it. She stated the two new Commissioners ran on fiscal responsibility, open government and citizen participation and in moving forward on promises made, along with Commissioner Woods, they have been thwarted one way or another. She stated she believes all of the Commissioners would want to be fiscally responsible and want the input of the citizens and to have open government. She stated she hopes the City Attorney, in working with the Commission, would honor the majority of the Commissioners moving forward and helping them find ways to fill their commitment of what they had promised to the citizens. She stated she respects the time and effort the Commissioners put into their job and does not believe the police building and other issues we are approaching are easy but believes we can work together. She stated having more citizen input and allowing Commissioners to be able to appoint committees, as well, with a vote by the whole Commission would be an improvement in our City Charter. Mike Whalen, 1420 Mayport Road, stated he is not against car lots, bars, tattoo parlors, etc. but he is against rubber stamping and the zoning changes for use -by- exceptions. He asked if they have a strategic plan for Mayport Road and are they still onboard for changing the complexion of Mayport Road and, if not, why. Richard Bell, 1952 Beachside Court, stated he is appalled at the peanut gallery atmosphere that has developed at Commission meetings. He stated he would appreciate more decorum and respect for the process. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. City Manager Jim Hanson stated the question was raised at the last meeting regarding the history of changes to our zoning code dealing with use -by- exceptions for auto businesses along Mayport Road. He stated in December 2006 an Ordinance was changed to eliminate heavy auto repair as a possible use -by- exception. He stated minor automotive service work is still allowable as well as used car sales. He also stated it is his understanding that the applicant for the Use -by- Exception tonight has withdrawn his request. 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 February 27. 2012 REGULAR COMMISSION MEETING _ _ Page 3 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. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 4. 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. Mayor Borno stated this request has been withdrawn but staff had some comments. Building Official Mike Griffin stated the applicant has withdrawn the application. He stated staff asked the applicant for more detailed information regarding the site plan indicating the number of cars he would sell at one time, and customer parking. He stated at that time the applicant also indicated he was having trouble with his leasing agent so for these reasons he believed it was too much at this time and wanted to withdraw the application. He explained this brought to light some of the issues staff should look at when someone is asking for a use - by- exception, such as asking the property owner to show ingress and egress, off street parking, any adverse effects on surrounding properties, any screening that could be required, and hours of operation. He stated he believes a lot of this could be handled at the Community Development Board level rather than coming before the Commission. He stated he believes if they ask the applicant to have a site plan showing the parking and February 27 2012 REGULAR COMMISSION MEETING Page 4 how that site will be dealt with, it would relieve a lot of responsibility. He stated our current Ordinance allows this and it can be handled at the Community Development Board before it gets to the Commission. Discussion ensued. After further discussion, it was the consensus of the Commission to ask the Community Development Board to review eliminating used car lots. Commissioner Mark stated she spoke with the City Attorney about a possible moratorium on any use -by- exceptions until they have had the strategic planning session and can review the Code and direct the CD Board to start fine tuning that. Mr. Jensen stated they have done this for other instances and they could place a moratorium on any used car lots being granted use -by- exceptions for a certain period of time while the Ordinance is under review. He stated it would take at least six months or longer before they could get something. It was the consensus of the Commission to direct the City Attorney to draft a moratorium for the Commission to consider adopting at the next meeting which would put a moratorium on new applications for use -by- exceptions for used car lots for up to a year. Mayor Borno further asked that the Building Department and Planners then look at it and give the Commission recommendations. Mr. Hanson reiterated, for clarification, the Commission is requesting a draft moratorium statement for consideration at the next meeting, asking the CD Board to consider an Ordinance to immediately eliminate use -by- exceptions for used car lots and asking Staff to prepare a list of what may be other zoning improvements that would affect the Mayport Corridor that would be recommended and considered at a later time. Commissioner Woods stated since the Community Development Board will be looking at this for the car lots should the Commission not just give them the latitude to look at other use -by- exceptions. Mayor Borno and Commissioner Mark agreed. Commissioner Woods asked the City Attorney, as far as grandfathering is concerned, if the property or business is sold do they lose their grandfathering. Mr. Jensen stated, if that is the way the exception is granted, and they usually are. Commissioner Woods asked if this moratorium would be Citywide. Mr. Hanson explained they have Commercial General zoning also on Atlantic Blvd. so it would affect any use -by- exceptions for auto sales there also. B. Request to Rebudget fiscal year 2010/2011 Community Development Block Grant (CDBG) funds for Donner Parking Area. Public Works Director Rick Carper gave the background on the improvements made to Donner Park over the past three years from the CDBG funds. He explained ABAA's season is almost 10 months long and they are major users of Donner Park, currently for practice only, but their intent is to start playing games there this summer. He gave a slide presentation showing the proposed pervious paved parking area at Donner Park. He explained it will look like grass and, although a little hard, when not being used for parking it can be used for a lot of athletic sports. He stated they would have 22 regular parking spaces, a compact vehicle space and three handicap accessible spaces. He stated the money he is asking for in this budget modification was allocated for a parking lot last year, but was not encumbered at the end of the fiscal year so he is asking to reallocate that money to this project. Mr. Hanson further explained the other items in the budget modification. Discussion ensued and Mr. Carper and Mr. Hanson answered questions from the Commission. February 27 2012 REGULAR COMMISSION MEETING Pace 5 It was the consensus to 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. C. Request to approve proposed projects for fiscal year 2012/2013 Community Development Block Grant (CDBG) funds. Mr. Hanson explained this is the time of the year they need to notify Jacksonville on how they intend to use our per capita allocation of CDBG funds, stating staff has made a list of projects that would meet the criteria. Mr. Carper explained the eligible projects for the funds were ranked as follows: (1) septic to sewer, (2) sidewalks, (3) Donner Park upgrades, (4) Marsh overlooks, (5) Rose Park improvements, and (6) Robert Street ditch upgrade. His recommendation was to put $21,000 toward septic to sewer and the remainder to sidewalks. Discussion ensued regarding the eligible projects with Mr. Carper answering questions from the Commission. Mayor Borno stated they are looking for guidance to staff on the recommendations for their request to Jacksonville. There was further discussion regarding the septic to sewer project funds. Each Commissioner expressed their preferences as related to the priorities for the eligible projects. Motion: Approve septic to sewer and sidewalk projects as described herein, with any money not used for septic to sewer to be used for more sidewalks, authorizing the City Manager to submit the request to the City of Jacksonville and sign documents as necessary to execute the contract. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. Energy Grant Retrofits for City Mechanical Equipment. Building Official Mike Griffin summarized his staff report explaining the City received grants from the City of Jacksonville and the State of Florida to retrofit existing HVAC systems within the City and to achieve a minimum of 35% energy efficiency increase in seven buildings, Adele Grage, Donner Park, Jordan Park, Public Works, Commission Chamber, City Hall and the Police Department. He stated the proposals have been received and provided for the Commission's approval. Motion: Approve awarding proposals received for HVAC retrofits as recommended by Fleet and Associates. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED February 27. 2012 REGULAR COMMISSION MEETING Page 6 Mayor Borno asked if it is correct that they still have approximately $50,000 that can be committed on more retrofits. Mr. Griffin stated that is correct; these were all driven by the 35% energy efficiency so they have to comply within that energy efficiency. Mayor Borno thank Fleet and Associates for coming tonight. E. Report on proposed amendment to Land Development Regulations for minimum separation between buildings. Mr. Griffin explained the Community Development Board discussed a recommended change to the zoning code related to the setbacks of accessory structures to main use structures. He stated currently the Code requires no separation. He stated they have given a recommendation of 5' separation from an accessory structure to a main use structure and staff recommends approval to bring this back for first reading at the next Commission meeting. Motion: Direct staff to bring this back at the next meeting for the first reading to include the revisions as recommended by the Community Development Board. Moved by Woods, Seconded by Beckenbach Mayor Borno thanked the Community Development Board stating he is glad to see they have solved this issue. Votes: Aye: 5 — Borno, Beckenbach, Daugberty, Mark, Woods Nay: 0 MOTION CARRIED F. Police Department Annual Report for 2011 Chief Mike Classey summarized the highlights of his report including that they were able to tag onto a regional grant to upgrade their radios to digital at no cost to the City. He also pointed out that they get audited by the Federal Department of Law Enforcement every three years and there are some more stringent conditions they will have to operate under beginning in 2013. He explained one of the changes is that they will have to do fingerprints and background checks for people who are regularly in the building. He stated the crime rate was down 3% in 2011 and the average emergency response time was 2 minutes 1 second. Mayor Borno recessed the meeting at 8:17 p.m. He called the meeting back to order at 8:24 p.m. 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on a Change Order for $16,785 for one of the clarifiers at the Wastewater Plant. He also reported on the FIND funding for FY13 and stated, although this cannot be an action item since it is not on the agenda, he proposes that they notify Jacksonville and our local FIND representative that they would intend to submit an application for two of the Marsh Overlooks as in the Marsh Master Plan and putting in a kayak slip on the north end of Dutton Island. It was the consensus of the Commission to have Mr. Hanson do this. February 27, 2012 REGULAR COMMISSION MEETING Page 7 10. Reports and /or requests from City Commissioners and City Attorney A. Discussion on possible amendment to the City Code, Section 2 -19 (8). Mayor Borno asked if Commissioner Beckenbach had seen the email from City Attorney Jensen. He stated no. Commissioner Mark stated she would like to defer until Commissioner Beckenbach has had the opportunity to look at the email and recommendation and bring it back for discussion at the next Commission meeting. Commissioner Beckenbach stated he would agree to defer. Motion: Defer to next meeting. Moved by Mark, Seconded by Borno Commissioner Woods asked that the item be moved up on the agenda when brought back. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Agreement to provide assistance for fishing tournament. Mayor Borno stated he received an email stating they were making some major adjustments and asked for a waiver of fees of $163.50 for the event and use of the Menzi Trailer, delivery set up on Friday and return to Public Works on Monday with a labor charge of $56.00. Mr. Hanson stated since this agenda came out they have amended it, eliminating the fishing tournament and substituting instead a Flag Football tournament on Saturday. He stated they are still asking for the fees to be waived, but the Menzi trailer would no longer be applicable. Motion: Waive the fee of $163.50. Moved by Woods, Seconded by Daugherty Mayor Borno asked, since this is a private event, are they required to provide their own insurance coverage or do they come under the City's from using our facilities. Mr. Hanson stated they would not come under the City's insurance since it is not a City- sponsored event. Mayor Borno stated they need to be advised they will need some type of insurance coverage. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty • Need to be very proactive in planning the CDGB funds for the coming years. • Met with JTA, through his other job, and received a commitment from them to do a survey on Mayport Road to see where they could put more bus stop enclosures. He was told they would put them in if the City kept them clean. He stated they will also be looking into solutions for the bus transfer area. February 27, 2012 REGULAR COMMISSION MEETING Pate 8 Commissioner Beckenbach • Heard good things about the Police Building Committee. Stated the facilitator was concerned there were only three different items they were to look at. He stated at one of the Town Hall meetings they had discussed those three, but others as well. He asked if the facilitator has spoken to anyone about expanding the items. Mayor Borno stated he understands his question and concern but the Committee is going to be exposed to a lot of history in these first meetings. Commissioner Beckenbach stated he hoped that anyone on the Committee should be able to make a recommendation as to other opportunities that they see. Mayor Borno stated he will investigate to see if they have a question and see what type of resolution needs to be developed and if the information provided to them for evaluation doesn't open the doors. He stated they are qualified people and he will see if they can't give them enough parameters to work in. Commissioner Beckenbach questioned the agendas and whether they can be changed. Mayor Borno stated that will be decided working with the staff liaison, the chairman and the facilitator. He stated the agendas are up to the committee to do, it is not for the Commission to get involved in. • Asked the City Attorney to give the protocol on how the Commission would set up and appoint short-term and long -term task forces. Commissioner Woods Hopes all are onboard with saving the Ferry and that they stay involved. Agreed that Rose Park has been on our strategic plan, unfunded, for a couple of years. She would like whoever said there could be funds available, either the Mayor or the City Manager, to get with Commissioner Daugherty and let him know where he might be able to come up with these funds to get that moving. Concerned because there was a request for a financial report on where the CDBG funds had actually been spent and the answer was that it would take quite a bit of time to come up with, which surprised her. She stated this keeps coming back to the organizational review, which she believes would help us in so many different areas. She believes one of those would be the process and procedure of how we keep track of these things so that reports, as needed, wouldn't be such a big strain for staff to come up with. She stated she wants to move ahead with the organizational review and does not want that to get away from us. Commissioner Mark • Attended the Jax Port Board Meeting this morning regarding the fate of the Ferry. Reported they have agreed to keep it until the end of their fiscal year, September 30, unless they terminate due to the engineering opinion on the capital repairs on the docking system and the funding necessary. She stated they have a contract with HMS that requires Jax Port to give them 180 days to terminate the contract, so if they decide to terminate based on the capital improvement repairs we could see the Ferry cease operations sooner. She further stated Councilman Gulliford has formed a task force to look at this. She encouraged citizens to rally, sign petitions, write their congressman, etc. • Announced the 7 Annual Air Potato Roundup this Saturday at Howell Park from 9 — 12 pm and also at Hanna Park. Regarding Sally Clemens comments about the Code Enforcement Officer's contract including a vehicle, she asked the City Manager to address those. Mr. Hanson stated the Code Enforcement Officer does use a City vehicle and believes it would be inappropriate for her to do this in her personal vehicle. He stated because of where they are going they really need to have a City vehicle with an emblem on it; he wouldn't want them to go out in a personal car. He stated the two surplus vehicles discussed tonight were two confiscated vehicles through drug confiscations. February 27, 2012 REGULAR COMMISSION MEETING Page 9 He stated generally drug confiscated vehicles are not in good shape, stating the drug dealers have gotten pretty savvy and are not using good vehicles for transporting drugs. Asked Mr. Hanson about the request from Commissioner Woods regarding the financial report on the CDBG projects. Mr. Hanson stated Commissioner Daugherty started this, asking where the funds have been used for the last ten years. He stated Mr. Carper had a list of the projects, but not the dollars. He stated then a request came from Commissioner Woods for a detailed financial analysis of exactly how much was spent on each one. He stated that would take somebody in Finance several hours to do so he told her he thought it appropriate if she wanted staff to do that kind of work that the whole Commission needs to agree. He stated staff has so much more than they can possibly do right now, they can't put themselves in the position of adding every week more and more stuff and then disappoint individual Commissioners by not having the time to get to it. He stated the workload has gone way up and they are trying to do everything they can. He stated a lot of staff are putting in extra hours but there are a number of things, including putting together a workshop for Commissioner Woods' organizational review, that has not gotten done. Mayor Borno • Met with Wendy Morrow of JTA who works for Michael Blaylock and they are working on the Royal Palms also. He stated they are trying to find other private property in other locations. He stated he also has a study going on with them about the ridership of the buses at the beach, what the guidelines and rules are, and what the time limits are to make adjustments to routes. He stated once he receives this he will bring it to the Commission so they can set up a public educational workshop. • Stated Commissioners Woods and Mark have done a great job on the Ferry. • May 17 is the Florida League of Cities meeting at the Beaches. He stated Atlantic Beach is the lead and he is working with Yvonne Calverley to organize it. Stated, as in the past, the sitting Commission provides donated items for door prizes and asked them to be thinking about that. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:02 p.m. Mike Borno Mayor /Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk HV�IVLH 111'.lvl tt 'rte MARCH 12, 2012 Q N U1 N W �2 ^ tD h tD N Z Q w o ��q O r, 0 E U } LL � 2 w -- - a _ vi cn ? J N Q J J Q O F Z LL 0) d 4, V 2 00 W Za'Z C� ~ � J a�i Uti ?� J J U W— cr) o � d c M m w a 2� a z 0 0 0 0 0 0 0 0 o o o w ° o o o °o Q O O N o M o J o Uri a t;N O co o o O Not; o O o W T O o` t0 96 N Q Q O > O tp !P 00 N 00 NO et ti N Loclw d -Ri 00 f` 04 co 00 (D M Z O 1A N t0 N O co I- N� � � N O N V Q W Q LL w T 0 Z 0 m N = U I to I to a a I la v> 4061. 64)� 64). _ *a *a 40 O O o O N LL LL T O Z - 0 N ° o ° o °o LO LO O ZO 0 L6 00� t ti c W Z N N O N N ti p Z O , z rr M ~ 00000000 O 0 n/ G N O O O O 000000000 �f1 OOOtD0000 OOOOQ O6W OOLq OW t0 C Q A W LL Q 0 F O N Lt N Q> r":, N WOW N Ldt7)6000 W M h W M O NW to 6 m 66 � N O N O O M 4 w I� M h M w w N N w d' w to Q> c LL. a V V N N 0 . ( = G ~ C " ER ER E A 4 F+ EA Q N � "-r � G W F W( U N w W a H 69# 610. 44 is *a *a *a to is is 60 60. 611, v, *a *a 60 6-1 6-1 0 N Z a Q W a/QLoO�O N a/ W J w a a LL W N N N O N N N h N N M N 001 I- — O� a O o� I. Z Q 000N Q Z _ O Z Z O V) O O rn Q LL U) p� W LL U Q w ~ W � Q W pJ QQ LL Qc/p a J_ OJ Jx J? QJ� JJ O Ow �- ~ 2 H Q a ~ 2 W Q a J 4 Q— J Q Q O Q Z O V Z } W Z W LL fn } Q 3 U Q J F U U V U U C7 a O LL wxQw W W� LLa Z�Vp'� wpwWt>:WI� —~ — zzz0 aam_ z�S�aFa� O luu (L - cn�cn w J t9 J a O g m� W J O Q Q in Lu W U x U x U LL O p O U Q z z z U z W W U J 0— Z w z� W O x F Z W W O O O W w J W W p J O — z? W W W U W W U O a (AQwUO c W22aW §QWa0a AGENDA ITEM # 4A MARCH I2, 20I2 City of Atlantic Beach, Fl. Utility Sales Report February 2012 February 2011 Gallons Actual Revenue Gallons Actual Revenue Water Sales Accounts 0000 Revenue Per 1,000 g i Accounts 0000 Revenue Per i Atlantic Beach Buccaneer Total Water Sales 5,583 2,468 8,051 36,751 15,199 51,950 $136,214 $82,290 $218,503 $3.71 $5.41 $4.21, 5,554 2,446 35,321 16,969 $131,657 $84,145 $3,73' $4.96 8,000 52,290 $215,802 $4.13 Gallons lWater Plant Productio 0000 Gallons MW 0000 Atlantic Beach Buccaneer Total Production 40,471 16,813 57,284 37,912 17,950 55,862 0 -Total Water Billed 51,950 52,290 Water Loss for month: Percentage Loss 5,334 9.31% 3,572 6.39% 0 Total 12 mo. Avg. Loss 17.76% 15.54% Gallons Actual Revenue Sewer Sal es Accounts 0000 Revenue Per 1,000 gi Rp 201-MME-07-00-0 Nal Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gi Atlantic Beach 5,160 31,295 $237,358 $7.58 5,079 29,622 $227,543 $7.68 Buccaneer 2,365 18,085 $173,635 $9.60 2,337 18,716 $177,979 $9.51 Total Sewer Sales 1 2,525 49,380 $410,992 $8.32 7,416 48,338 $405,522 $8.39 Gallons Actual Revenue Gallons Actua Revenue pz� Sewer Treatment 0000 Revenue Per 1,000 gi 0000 Revenu Per 1,000 gi Atlantic Beach 37.509 $237,358 $6.33 43.529 $227,543 $5.23 Buccaneer 16.868 $173,635 $10.29 16.795 $177,979 $10.60- 1 Total Sewer Treated 54.377 $410,992 $7.56 60.324 $405,522 $6.72. AGENDA ITEM # 4A MARCH 12, 2012 PREPARED 3/05/12,13:41:19 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR ALL YEARS BETWEEN: 02/01/12 TO 02/29/12 PROGRAM OL122L =----------------------------------------------------------------------------------- DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES ------------------------ LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION ----- •- - - -- BUSINESS ADDRESS : ------------------------------------------------------------------------------------------------- BUS PHONE # 12- 000Q7498 AMY GRASS- GILMORE,P.A. 2/28/12 NEW ATTORNEY FIRM /CORPORATION 305 COUNTRY CLUB IN 904 - 742 -2517 ATLANTIC BEACH FL 32233 12- 00007499 AMY GRASS- GILMORE,P.A. 2/28/12 NEW ATTORNEY 305 COUNTRY CLUB IN 904 - 742 -2517 ATLANTIC BEACH FL 32233 12- 00007493 ART OF CIGARS 2/21/12 NEW TOBACCO PRODUCTS 695 ATLANTIC BLVD 904- 372 -4835 ATLANTIC BEACH FL 32233 12- 00007495 BEACHES PARTY BIKE INC. 2/27/12 NEW RENTALS: BICYCLES 769 JASMINE ST 904- 662 -7181 ATLANTIC BEACH FL 32233 12- 00007488 CATE LEWIS 2/21/12 NEW RENTALS: OTHER THAN LISTED 38 OCEAN BLVD 904- 249 -3935 ATLANTIC BEACH FL 32233 12- 00007500 COASTAL CITY PROPERTY MANAGEME 2/28/12 NEW REAL ESTATE AGENCY 529 ATLANTIC BLVD 904 - 249 -7003 ATLANTIC BEACH FL 32233 12- 00007501 COASTAL CITY PROPERTY MANAGEME 2/28/12 NEW REAL ESTATE BROKER 529 ATLANTIC BLVD 904 - 249 -7003 ATLANTIC BEACH FL 32233 12- 00007490 PAULA DRAKE DEAN INSURANCE INC 2/21/12 NEW INSURANCE AGENT 25 SEMINOLE RD 904 -249 -8011 ATLANTIC BEACH FL 32233 12- 00007491 STEPHANIE`S HOUSEKEEPING 2/08/12 NEW CLEANING /JANITORIAL /MAID SERVICE 1640 MAIN ST 904 - 465 -4821 ATLANTIC BEACH FL 32233 12- 00007496 SUNCOAST INDUSTRIAL & CONSTRUC 2/27/12 NEW BUILDING CONTRACTOR (FIRM /CORP.) 459 WHITING IN 904- 662 -3262 ATLANTIC BEACH FL 32233 12- 00007497 SUNCOAST INDUSTRIAL & CONSTRUC 2/27/12 NEW BUILDING CONTRACTOR 459 WHITING IN 904 - 662 -3262 ATLANTIC BEACH FL 32233 12- 00007494 THE GOURMET GROUPER 2/27/12 NEW RESTAURANTS(INC. SNACK BARS & TAKE O 363 ATLANTIC BLVD UNIT 13 904- 333 -6969 ATLANTIC BEACH FL 32233 12- 00007487 THE HOME PLATE DINER 2/21/12 NEW RESTAURANTS(INC. SNACK BARS & TAKE O 1447 MAYPORT RD UNIT 07 904 - 434 -5631 ATLANTIC BEACH FL 32233 12- 00007492 WELTY CLEANING SERVICES INC • 2/21/12 NEW CLEANING /JANITORIAL /MAID SERVICE 67 W 8TH ST '-, 904 - 444 -4685 ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES AC: 12 PP: 2 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 14 AGENDA ITEM # 6A MARCH 12, 2012 RESOLUTION NO. 12-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A MORATORIUM ON USES BY EXCEPTION FOR USED CAR LOTS IN COMMERCIAL GENERAL DISTRICTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there currently exists a procedure in Chapter 24 of the Atlantic Beach Code of Ordinances for granting within the commercial general zoning districts a use by exception for the sale of used automobiles, and WHEREAS, the City of Atlantic Beach is a predominantly residential community, and it is a stated goal within the comprehensive plan that the residential character of the City should be retained, and WHEREAS, as such, the appropriate level of intensity for commercial general uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity, and WHEREAS, there has been considerable effort made by the City to improve the Mayport Road corridor which currently has four (4) used car lots in the City of Atlantic Beach and another three (3) in Jacksonville's portion of Mayport Road, and WHEREAS, the City Commission has directed City staff to investigate possible changes to the zoning code to limit or otherwise restrict uses by exception for used car lots in commercial general districts, and WHEREAS, until a final determination can be made regarding any changes to existing zoning classifications and granting of uses by exception therein, it is in the best interests of the City of Atlantic Beach and its residents and property owners to temporarily halt granting uses by exception for any used car lots in commercial general districts, which the City Commission determines to be for the public health, safety and welfare of all residents of the City. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. A moratorium is hereby imposed on the granting of uses by exception for used car lots in commercial general districts of the City of Atlantic Beach. SECTION 2 . This moratorium shall continue in effect until new legislation is passed which addresses the granting of uses by exception for used car lots in commercial general districts, or until the expiration of twelve (12) months from the effective date hereof, or until rescinded by the City Commission upon a determination that the public need for such moratorium no longer exists. SECTION 3 . The City shall take whatever further action may be necessary in order to implement the terms hereof. AGENDA ITEM # 6A MARCH 12, 2012 SECTION 4 . This moratorium shall not apply to any applications for uses by exception for used car lots in the commercial general districts which have been requested in writing on the appropriate City forms and submitted to the City prior to the effective date of this Resolution. SECTION 5 . This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this day of , 2012. ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Louis "Mike" Borno, Jr., Mayor Resolution No. 12 -04 Page 2 of 2 AGENDA ITEM # 613 MARCH 12, 2012 RESOLUTION NO. 12 -05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING THE MAYPORT COASTAL SCIENCES MIDDLE SCHOOL SCHOLAR BOWL TEAM ON THEIR EASTERN DIVISION CHAMPIONSHIP. WHEREAS, in 1977, Mayport Junior High School opened to serve students from grades 7 through 9 in the Atlantic Beach area and, WHEREAS, in the intervening years, Mayport Junior High School became Mayport Middle School and now serves students from grades 6 through 8 in the Atlantic Beach area and, WHEREAS, with a new Coastal Sciences Magnet Program now officially in its second year, Mayport Coastal Sciences Middle School promotes academic excellence through its rigorous curriculum and instruction and, WHEREAS, the Mayport Coastal Sciences Middle School Scholar Bowl Team has competed in academic competition with middle schools from throughout Duval County and, WHEREAS, the Mayport Coastal Sciences Middle School Scholar Bowl Team had its first undefeated regular season in school history in the 2010 -11 school year and, WHEREAS, the Mayport Coastal Sciences Middle School Scholar Bowl Team, in the 2011 -12 school year, has its second consecutive perfect regular season and, WHEREAS, both undefeated seasons have earned the Mayport Coastal Sciences Middle School team the title of Eastern Division Champion over middle schools including Duncan U. Fletcher, Fort Caroline, Kernan and Landmark Middle Schools and, WHEREAS, Mayport Coastal Sciences Middle Schools coaches John Meeks and Jeffrey Rose, their students and students' parents worked hard to achieve great success as representatives of their school and the Atlantic Beach community. NOW, THEREFORE, BE IT RESOLVED, THAT CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Designates Monday, March 26, 2012 as Scholar Bowl Day in Atlantic Beach in recognition of the unprecedented accomplishments of the Mayport Coastal Sciences Middle School Scholar Bowl Team. AGENDA ITEM # 613 MARCH 12, 2012 Section 2. This Resolution shall take effect upon its final passage and adoption. Passed by the City Commission of Atlantic Beach, Florida this day of 2012. Mike Borno Mayor /Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alan C. Jensen, Esquire City Attorney . � � GI UK ~ ~� ~.^'~.^~.^..-`.-~~~.^...^' ....^..�~.._..~'.~~~'.... 11 AL � Mbb w L . � � GI UK ~ ~� ~.^'~.^~.^..-`.-~~~.^...^' ....^..�~.._..~'.~~~'.... 11 AL � AGENDA ITEM # 7A MARCH 12, 2012 TTT , AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such budgetary systems require adjustments from time -to -time, and WHEREAS, the City has received notification from the City of Jacksonville that $55,636 of unspent funds from the fiscal year 2011 C.D.B.G. (Community Development Block Grant) program funding will be available to use for the Donner Park parking lot project. This ordinance creates a budget for those funds, and WHEREAS, the City has determined the best vehicle for the Code Enforcement Officer is $3,000 more than the approved budget requiring additional funds, and WHEREAS, the City has hired a consultant to assist with the determination of obligations to the City of Jacksonville regarding the payment of tippage fees and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2011/2012 Budget to be amended as follows: COMMUNITY DEVELOPMENT BLOCK GRANT FUND Revenues: Grant Proceeds $55,636 Expenses: Parks and Recreation Capital Outlay — Park Improvements $55,636 Fund Balance $ GENERAL FUND Expenses: Planning Department Salary and Benefits < $3,000 > Public Safety - Code Enforcement Division Capital Outlay — Vehicles $3,000 Fund Balance $0 AGENDA ITEM # 7A MARCH 12, 2012 SANITATION FUND Expenses: Public Works Sanitation - Professional Services $18,900 Fund Balance < $18,900 > 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of March, 2012. Passed by the City Commission on second and final reading this day of March, 2012. Mike Borno, Mayor / Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire, City Attorney ATTEST: Donna L. Bartle, CMC, City Clerk AGENDA ITEM # 713 MARCH 12, 2012 ORDINANCE NUMBER 90 -12 -214 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90 -01 -172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24 -151. ACCESSORY USES AND STRUCTURES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, pursuant to Chapter 163, Part H, Florida Statutes, Section 163.3164, Community Planning Act, and Section 24 -4 of the Municipal Code of Ordinances, the City Commission has the authority to adopt and amend Land Development Regulations, and WHEREAS, pursuant to such authority, the City has adopted a Comprehensive Plan, and has adopted regulations to guide the future use and development of lands within the City, and WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for the City of Atlantic Beach on March 26, 2012. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Section 24 -151, Accessory Uses and Structures, as set forth within the Land Development Regulations, is hereby amended and upon enactment shall read as set forth in Exhibit A, attached to and made part of this Ordinance. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Florida, in accordance with Section 125.68, Florida Statutes. Passed on first reading by the City Commission of the City of Atlantic Beach the 12 day of March, 2012. Passed on final reading and public hearing the 26 day of March, 2012. LOUIS "MIKE" BORNO, JR Mayor I Presiding Officer Approved as to form and correctness: ALAN C JENSEN, ESQUIRE City Attorney Attest: DONNA L BARTLE, CMC City Clerk AGENDA ITEM # 7B MARCH 12, 2012 ORDINANCE 90 -12 -214 EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Section 24 -151. Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted within any zoning district, as set forth within this section, where the accessory uses or structures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular zoning district. Any permanently located structure, including porches, decks and deck railings and the like, which exceed thirty (30) inches in height, also including those which may not require a building permit, are subject to applicable yard requirements unless otherwise provided for within this section. Any accessory structure, if allowed to deteriorate to an unsafe, deteriorated or unsightly appearance, shall be repaired or removed upon order of the city, and shall become subject to code enforcement action for failure to comply. However, temporary structures, such as portable tents, canopies, awnings or other nonpermanent structures shall be limited to special occasion use only, and for a period of not more than ninety -six (96) hours, i.e., four (4) days. (b) Accessory uses and structures by zoning district. (1) Within all residential zoning districts. a. Antenna structures for television and radio, but not microwave relay or commercial transmission structures, television and radio antennae of the customary size and design shall not count as accessory structures for the purposes of determining the number of such structures, provided that only one (1) such structure is permitted per residence. b. Children's playhouse and /or juvenile play equipment provided such shall not be permanently located within required front yards. c. Guest house or guest quarters, provided that such are used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. A guest house or guest quarters shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Further, a guest house or guest quarters shall not be used as, or converted to a dwelling unit. A detached guest house or guest quarters shall not exceed the number of buildings allowed on a lot as set forth within subsection 24- 82(b). d. Detached private garages, carports, guest houses or guest quarters, not to exceed six hundred (600) square feet of lot area and fifteen (15) feet in height, except in accordance with section 24 -88-89 or the provisions of the following paragraph. Only one (1) detached private garage, carport, guest house or guest quarters shall be allowed on any single residential lot, and shall be a minimum distance of five (5) feet from rear and side lot lines. Such detached structures exceeding six hundred (600) square feet of lot area shall comply with applicable setbacks as established for the principal building. e. Detached private garages, not to exceed six hundred (600) square feet of lot area may be constructed to a height of twenty -five (25) feet provided that such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10) feet from the rear lot line. f. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height and a minimum distance of five (5) feet from the rear and side lot lines. g. Private swimming pools in accordance with section 24 -164. h. Home office (but not home occupation). L Private ball courts and other similar private recreational uses. AGENDA ITEM # 7B MARCH 12, 2012 ORDINANCE 90 -12 -214 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 j. Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or constructed in fixed locations and made of wood, block, concrete or similar materials, provided that these are not located within required front yards or the street side yards on a corner lot. Due to excessive noise, which may result from the use of such ramps, time of use shall be limited to the hours between 9:00 a.m. and 10:00 p.m. Such ramps shall be maintained in a safe and good condition, and shall be disassembled and removed from the property if allowed to deteriorate to an unsafe or unsightly appearance. k. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines. I. Screened enclosures and pool cages with screened roofs or similar nonstructural roofs such as awnings and the like, located a minimum of five (5) feet from any side or rear lot line. Such screened enclosures shall not be allowed in front yards. m. Personal pets, limited to those animals customarily considered as pets, and kept only on the same premises of the occupant(s) of the principal residential building. n. Outdoor shower enclosures and open exterior stairs within rear or side yards, located a minimum of three (3) feet from side lot lines. (2) In any zoning district, except as to private swimming pools. a. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. Space within an accessory structure shall not be leased or used for any use, activity or purpose other than those typically incidental to the use of the principal building. b. No accessory structure shall be used as a residence, temporarily or permanently, except in accordance with section 24 -9989, and no accessory structure shall be used for any commercial or business purpose unless approved as a home occupation in accordance with the provisions of section 24 -159 of this chapter. e— Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations, including the minimum yard requirements applicable to the zoning district in which they are located. mod. Unless otherwise specified within this section, accessory uses and structures shall not be located within required front yards and shall not be closer than five (5) feet from any lot line. with +h„ .� .,f section 24 159 of this ehapt e. Accessory structures shall not be more than fifteen (15) feet in height, except in accordance with section 24 -99-89 or preceding subsection (b)(1)4e. Spaee within ate aceeSSE)Fy 6461rstwFe sha not -h- 1 -5-61 91 - feF any use, activity eF PUFpese etheF s. f. No accessory building or structure shall be located closer than five 5 feet to any other building or structure on the same lot. Any accessory building or structure located closer than five (5) feet to a principal structure shall be considered attached, and shall comply in all respects with the lot. vard and scale limitations applicable to the zoning district in which they are located. AGENDA ITEM # 8A MARCH 12, 2012 AGENDA ITEM: DATE: SUBMITTED BY: STAFF REPORT CITY OF ATLANTIC BEACH COMMISSION MEETING Art in Public Places March 2, 2012 Timmy Johnson, Recreation Director BACKGROUND: The City Commission approved an Art in Public Places program with the understanding that all artwork and locations would come back to the Commission for final approval. BUDGET: RECOMMENDATIONS: ATTACHMENTS: A call to artist went out to place a mural on the Camelia Street Lift Station and we received one proposal from Clicker Morgan. The proposed design has been reviewed and approved by the Cultural Arts and Recreation Advisory Committee, and by City Staff. At this time, the Committee is requesting that the Commission approve the proposal from Clicker Morgan. This would be a group project with the volunteers from Fleet Landing. Funds for this program will come from the Cultural Arts and Recreation Advisory Committee's budget Approve the art proposal from Clicker Morgan to be installed on the Camelia Street Lift Station. Artwork from Clicker Morgan REVIEWED BY CITY • ' r 40 - - __ - - _�'_ •�,�'�`+ mar J . . mm •r E - '�'��'q;'L' � : ', '.'� . 'r +' L. � � fi r;• �'�''•.� li: r 5 , I _... :. - - :::.:.'. ._...: . o- AGENDA ITEM # 813 MARCH 12, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Change Order #7 for TMDL WWTP #1 Improvements for Clarifier #1 Repairs SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: March 5, 2012 BACKGROUND: The City's Wastewater Treatment Plant #1 has two existing clarifiers. Clarifiers are large tanks that allow the microorganisms used for wastewater treatment to separate from the clean effluent. The clarifiers contain equipment (rake -arms, stilling well, draft tubes, etc.) to transport the microorganisms to other tanks. Problems with deteriorated, leaking slide gates prevented staff from being able to isolate and drain the clarifiers until those gates were replaced as part of the TMDL project. After the gates were replaced, staff was able to isolate one of the clarifiers (Clarifier #2) and the City Commission authorized a change order for repairs. Additional work was needed for the steel beams supporting the Clarifier #2 walkway, as reported by the City Manager at the February 27, 2012 meeting. Repairs on Clarifier #2 are proceeding and will be completed shortly, at which time staff will place that tank on line and empty Clarifier #1. Staff and engineers believe that similar repairs will be needed in Clarifier #1, along with replacement of a broken skimmer arm. In order to minimize delay of the construction project, staff is requesting approval of Change Order #7 for repairs on Clarifier #2 in the amount of 47,745. After sandblasting, the actual amount of steel repair will be defined and approved by the City and Engineer. BUDGET: Funds for the repairs are available in the contingency for the TMDL Project, which has $110,940 remaining. RECOMMENDATION: Authorize WPC Industrial Contractors, LLC to complete repairs to Clarifier #1 in the amount of $47,745 as Change Order No. 7, and authorize the City Manager to sign the Change Order. ATTACHMENTS: 1. Change Order No. 7 with Exhibit A REVIEWED BY CITY AGENDA ITEM # 813 MARCH I2, 2012 WWTP# Improvements for TMDL Compliance Contingency Budget Set Up for Misc. Items City of Atlantic Beach, FL Bid No. 1011 -01 CHANGE ORDER NUMBER 7 Contractor: WPC Industrial Contractors, LLC 11651 Philips HW Jacksonville, FL 32256 (904) 268 -0099 Fax (904) 268 -2922 Engineer: J. Collins Engineering Associates, LLC 11516 -3 San Jose Blvd. Jacksonville, Florida 32223 (904) 262 -4121 (904) 262 -4122 FAX Date: March 1, 2012 Owner: City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL (904) 247 -5800 ITEM DESCRIPTION OF CHANGE(S) Complete Scope of Work is attached as Exhibit A Total Cost/Price INCREASE OR DECREASE IN CONTRACT PRICE 1 Clarifier#1(WWTP #1) - Sand Blast & Paint $ 28,025.00 $ 28,025.00 2 Allowance for Repair of Deteriorated Steel at Clarifier#1 $ 16,500.00 $ 16,500.00 3 Replace Exisitng Skimmer Arm $ 3,220.00 $ 3,220.00 Subtotal $ 47,745.00 CONTINGENCY AMOUNT $ 238,140.00 PREVIOUS SPENT $ 127,200.03 CO #7 AMOUNT $ 47,745.00 CONTINGENCY AMOUNT REMAINING $ 63,194.97 TOTAL DECREASE $ - TOTAL INCREASE $ 47,745700 CONTRACT PRICE PRIOR TO CHANGE ORDER $ 5,264,000.03 CURRENT CONTRACT PRICE INCLUDING THIS CHANGE ORDER 5 CONTRACT TIME INCREASE DUE TO CHANGE ORDER 12 weeks CONTRACT TIME DECREASE This document shall become an amendment to the contract and all provisions of the contract will apply hereto. 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"5-T -A ' .�: l : {, „ r�" ��: ' :� I. 4 �� I , d PNJ 11 4 6, 8 Vd '�? r " lirl Y F 1�``�i y . �+ Y r�hit IS w`„ 11S �, ,.;� - 't.. m Oi ff r' " rp 'pi 41 r T1 ooll L" . 21 AJI AGENDA ITEM # 8C MARCH 12, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Award of Additive Alternate No. 3 for Bid 1011 -16 — Standby Generator Replacement SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directo 0/ DATE: March 2, 2012 BACKGROUND: On July 11, 2011 the City Commission awarded the contract for Bid No. 1011 -16 Sludge & Odor Control Improvements to WPC Industrial Contractors, LLC. At that time, staff recommended that the City not award Additive Alternate No.3 — New 100 KW Generator. This Additive Alternate bid item was to replace an existing 30OKW generator with a new, smaller 100 KW generator. With the changes to the more efficient equipment, the larger generator size is not necessary. The existing 300 KW generator is an older generator, however staff believed we could continue to use it for several more years without excessive maintenance costs. Recently, staff found that the generator's fuel tank will need replacement at a cost of approximately $24,000. In light of that expense and concerns that there may be other unknown repair costs in the next few years, staff would like to revisit the recommendation to award this Additive Alternate, as it may be more cost effective to do so than to pay for repairs on an old, too -large unit that may become obsolete over the next several years. BUDGET: The bid amount for Additive Alternate No. 3 — New 100 KW Standby Generator was $72,000. The contractor was asked if the price was still valid, and WPC requested a small increase of $460 to reflect the increased cost of the copper wire. The $72,460 is available in the contingency amount of $215,700. RECOMMENDATION: Award Additive Alternate No. 3 — New 100 KW Standby Generator to WPC Industrial Contractors, LLC in the amount of $72,460, and authorize the City Manager to sign Additive Alternate No. 3. ATTACHMENTS: 1. Copy of email from WPC noting request of Additional $460 for increased cost of copper wire. REVIEWED BY CITY MANA ~ JAIL � ''-^. AGENDA ITEM # 9A MARCH 12, 2012 March 5, 2012 MEMORANDUM TO: The Honorable Mayor and Members of the C FROM: Jim SUBJECT: City Manag's Report Alcohol Deployment The most recent alcohol deployment by the ABPD was conducted on February 29`''. Nineteen businesses were checked to see if they would sell alcohol to an underage informant. Only one of those businesses (5 %) sold alcohol. It was the BP Station at 1715 Atlantic Boulevard. This location made three prior sales although they were in 2008 and 2009. In more recent checks, they have not sold alcohol to the underage informant until this operation. AGENDA ITEM # 1 OA MARCH 12, 2012 MINUTES Board Member Review Committee Meeting March 1, 2012 Call to order The meeting was called to order by Commissioner Jonathan Daugherty at 4:30 pm. Those in attendance were Commissioner Jonathan Daugherty (Chairman), City Manager Jim Hanson, Member Mitchell Reeves, Member Jim Smith, Police Officers' Pension Board of Trustees Chairman Vic Gualillo, City Clerk Donna Bartle, and Finance Director Nelson Van Liere. 1. Approval of the minutes of the BMRC meeting of October 4, 2011. Motion: Approve minutes of the Board Member Review Committee meeting of October 4, 2012. Moved by Hanson, seconded by Smith Motion carried unanimously City Manager Jim Hanson explained there is one vacancy to address on the Police Officers' Pension Board of Trustees which resulted from Mike Witherspoon's resignation. The Committee gave a brief orientation to Commissioner Jonathan Daugherty. City Clerk Donna Bartle suggested that the Committee recommend both a first choice and an alternate choice for consideration. Discussion ensued. Motion: Approve a general practice to try, whenever possible, to recommend a 1 St Choice and an Alternate Choice for vacancies and have the recommendation be considered for up to one year as long as the applicant remains eligible and no new applications are submitted for consideration to that particular board or committee. Moved by Hanson, Seconded by Daugherty Motion carried unanimously 2. Interview new candidates (listed below) and make a recommendation for appointment to fill the vacancy of the unexpired term ending 12/31/13 on the Police Officers' Pension Board of Trustees. New candidates: A. John Fletcher B. Bill Tomson C. Ben deLuna The Committee interviewed the three applicants listed above separately. The purpose of the interview and an overview of the duties and responsibilities of the Police Officers' Pension Board of Trustees were explained to each. Each candidate explained their personal accomplishments, experience, goals and interests in the community. The Committee offered the opportunity to ask questions and the Committee responded to those questions. After the interviews were completed, the Committee discussed the three candidates. AGENDA ITEM # l0A MARCH 12, 20I2 _Motion: Recommend appointing Bill Tomson as a new member to the Police Officers' Pension Board of Trustees immediately to fill the unexpired term ending 12/31/2013 and approve John Fletcher as the Alternate Choice for appointment. Moved by Gualillo, seconded by Smith Motion carried unanimously City Clerk Bartle reported that a new application was received yesterday from Glad Hogan. She explained that Ms. Hogan was contacted and given the opportunity to schedule an interview for today, but was unable to because of a scheduling conflict. 4. Other Business A. Set agenda for next meeting The Committee reviewed the vacancy list for 2012 and agreed it is not necessary to set the next meeting at this time. The Committee discussed the various ways vacancies on boards and committees are advertised. Adjournment There being no other business, the meeting adjourned at 6:08 pm. Jonathan Daugherty Chairman DRAFT Minutes of the Board Member Review Committee Meeting on March], 2012 Page 2 of 2 CITY OF ATLANTIC BEACH AGENDA ITEM # I OA MARCH 12, 2012 BOARD/ COMMITTEE MEMBER APPLICATION FORM Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board / committee by order of priority. (A summary of each board/committee is available on page 2 of this form.) _ Code Enforcement Board Community Development Board Pension Board of Trustees Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: P L f l a o L 2 ADDRESS: APPLICANT'S NAME: DAYTIME PHONE: 70t/ 6 j S-� L JI LL! r] "A (eI C L / l001 zy EVENING PHONE: ' / O 1 / x.5,3 e E -MAIL ADDRESS: &ae �3 erns ,v Gvhsr. . C ,FAX • 3 Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/committee applying for. f �l CCd i�c, T 01 , 7 7 Ut-s i a >-L 2S U, P r4 ,yn <Cbb&QOL(- 1L Of �Jocu CHL- YvcIL`aL L V+71 x1 P l'✓I Lc-in �R ! �' D �./ � S UL It /9 L I�GLit/Li�S CJF (� I Llf1 TI !r3iY Z K /G 4 J4" J� o ilpi O 4 / J //�. 1 -. _ - - r, - ��,�� /]e 11.. !1 /' --4 / �/ / /i�/ J I/ IT ) - ✓ 4Y.� ZZA r / /./m 6;c 7 LmB o�►/Lo o� /�[79�1s /��i92 F ease provide a brief exp anation of ycSur interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. Ay I k)Ocd r2 > A [_ n z4 . &AAQ 5 Please return completed form to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE This application will expire two (2) years after date of submittal. AGENDA ITEM # I OA CITY OF ATLANTIC BEACH MARCH 12, 2012 BOARD / COMMITTEE MEMBER APPLICATION FORM Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board / committee by order of priority. (A summary of each board/committee is available on page 2 of this form.) _ Code Enforcement Board Community Development Board Pension Board of Trustees Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: 17�11'7d I?- APPLICANT'S NAME: ADDRESS: ( t I L +tn / , DAYTIME PHONE: D — -f- -- s EVENING PHONE: % E -MAIL ADDRESS: FAX: h i � Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board /committee applying for. V Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committe l - - Al 7W 74 Please return completed form to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE This application will expire two (2) years after date of submittal. 1 AGENDA ITEM # 1013 MARCH 12, 2012 Request to Amend the Police Ad Hoc Committee's Charge — Commissioner Beckenbach Background During the first two meetings of the Ad Hoc Police Building Committee, it was noted that the members were not in total agreement about what the actual Commission "charge" to the committee entailed. The "charge" is derived from Agenda Item #8C of February 13, 2012. This is the original two page document that Mayor Borno presented when he motioned to establish the committee of 11 people to study the police building question. On page two on this document, the last item under Timetable and Sunset is Report. Item 3 under Report reads: "3) Should the City of Atlantic Beach invest in either remodeling of the existing Police Building, expand the existing building, or build an entirely new building ?" The vague wording of this "charge" has led to differences of opinion on the committee about what it specifically means. During the first Committee meeting on February 23rd, a committee member questioned whether an idea to combine the construction of a smaller, one story new building with a renovation of the existing building would fit within the parameters of this "charge ". This concept had been discussed at the town hall style strategic planning meeting held at the Adele Grage Center on January 7, 2012. The position of Police Building Committee Chairman was that only the specific three courses of action as specified in #3 could be investigated and discussed. It was his understanding that there would be no input from the committee on additional options. The Facilitator added that the "official" position was that it would take too long if the committee ranged beyond the options that had already been studied as well as estimated by the architects. A number of members disagreed and felt the parameters should be extended to include any reasonable options developed by the committee during deliberations. Subsequently, the Chairman stated that he would resolve this question by the second committee meeting on February 29th. He stated that he would check with Mayor Borno and get clarification. Mayor Borno did not bring the need for clarification of the rules to the Commission and therefore, during the Commission meeting on Monday, February 27th I brought up my concern regarding the perceived restrictions posed to the Police Building Committee by the "charge ". The Mayor was asked about his position concerning #3. The Mayor's answer was not decisive, but he did state that the committee has two capable leaders in the facilitator and the Chairman. He further stated that this police building committee will be provided with enough information and parameters to make a decision. He concluded by saying that it is up to the committee to make a decision and make adjustments. In the second meeting of the police building committee on February 29th when the following item was covered on the Police Building Committee Agenda: Feedback on Charge to Committee, GROUND RULES AND VOTING PROCEDURES, "Feedback on charge to committee /determination of options under consideration (Jack Varney)" AGENDA ITEM # I OB MARCH 12, 2012 The Chairman's report on this issue was that the Mayor confirmed that that the police building committee was to consider only the three items as delineated and that only these historical options are on the table for the committee. Consideration of committee ideas and options are not included because they have not been priced out by the architects. The Facilitator again stated that the Commission is expecting a response in eight weeks and therefore the police building committee is limited to the three options as noted in #3 because it would take too much time to cover the other range of possibilities that could be developed by the committee. A committee member asked who wrote the Commission Agenda Item 8C of February 13th that gave this "charge" to the committee, was it the Mayor or was it the Commission? The Chairman stated that the "charge" came from the Commission. Since the "charge" came from the Commission, I would ask that the Chairman's communication pertaining to the charge from the commission be directed to the commission instead of directing such a question for clarification to staff or the Mayor. I understand that the Mayor's Chairman is an unbiased citizen and is focused on directing the committee in such a way as to allow the committee as much latitude as necessary to achieve a successful outcome, but resistance to other reasonable options could be forth coming from the Chair and the Facilitator due to their interpretation of the "charge". Recommendation: For this reason I recommend amending the charge in the following manner: The committee has the latitude to examine any option that the majority of the committee considers viable. The Chair and the Facilitator are directed to not discourage discussion on other viable options. The Committee is assured that the 8 week recommendation to finalize the Committee's work pertaining to the charge is not a mandate and this Commission is more than willing to extend the sunset provision if a majority of the Committee is in agreement that additional time is required to satisfactorily complete their charge.