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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING April 9, 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. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of March 26, 2012. Motion: Approve the minutes of the Regular Commission Meeting of March 26, 2012 and the Special Called (Shade) Meetings of February 8, 2012, March 20, 2012 and March 27, 2012. Moved by Beckenbach, Seconded by Daugherty 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. Don Ford, 338 6 th Street, addressed the Commission regarding his concerns over an illegal parking lot behind Al's Pizza in Town Center which he filed a complaint about last June. He explained the details of the complaint and reported there has been no reply from Code Enforcement. He further explained the history of the lot while expressing concern about the amount of money spent on that area. Mr. Ford, a member of the Police Building Ad Hoc Committee, reported what he believes is a conflict of interest of two members of the Public Safety Building Committee and expressed his concerns about it. Lou Keith, 1845 Tierra Verde Drive, asked if Atlantic Beach residents are given preference for City jobs. Mr. Hanson stated they do not; they hire the best person for the job regardless of where they are from. He also asked them to redo tennis courts 3 and 4, stating they are substandard and hold water. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. April 9, 2012 REGULAR COMMISSION MEETING Page 2 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 Report for March 2012 and List of New Businesses in March 2012. B. Declare list of property as surplus so it may be disposed of in the most beneficial way to the City. Mayor Borno read the Consent Agenda. Commissioner Daugherty pulled Item B. 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 Commissioner Daugherty asked what our experience has been with the on -line auction. Mr. Hanson explained they sold all the vehicles through the on -line auction and it seems to work smoothly. He stated the vehicles sold quicker and we are receiving about the same price that we receive from an in- person auction. Motion: Approve Consent Agenda Item B 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 -06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING MAY 1, 2012, AS "JEAN RIBAULT DAY" IN FLORIDA IN HONOR OF 450 YEARS OF FRENCH PRESENCE IN FLORIDA. Mayor Borno read Resolution No. 12 -06 in its entirety designating May 1, 2012 as Jean Ribault Day. April 9, 2012 REGULAR COMMISSION MEETING Page 3 Motion: Approve Resolution No. 12 -06. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Borno read Resolution No. 12 -08 by title. Motion: Approve Resolution No. 12 -08. Moved by Daugherty, Seconded by Beckenbach Commissioner Daugherty explained why he asked for the changes, including getting more citizen involvement so they would have the majority in the committee. Commissioner Woods stated she agreed with what was in the Resolution but wanted to make an amendment, which she read in its entirety, that added a second Commissioner on a staggered, rotating basis. Motion: Amend Resolution as read. Moved by Woods, Seconded by Beckenbach Commissioner Beckenbach asked for further clarification of the amendment, which Commissioner Woods explained. Discussion ensued. Commissioner Daugherty further explained the resolution. Commissioner Mark agreed that two Commissioners would be too many and believes Commissioner Daugherty's resolution addresses the concerns they discussed. She stated she would move to the previous question. Mayor Borno confirmed she wanted to call the question and asked for a vote on the question. Motion: Call the question. Moved by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno asked for a vote on the amendment. Votes: Aye: 1— Woods Nay: 4 - Borno, Beckenbach, Daugherty, Mark MOTION CARRIED April 9 2012 REGULAR COMMISSION MEETING Page 4 Mayor Borno asked for a vote on the original motion. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. RESOLUTION NO. 12-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ADOPTING THE MARSH PRESERVES MASTER PLAN. Mayor Borno read Resolution No. 12 -09 by title. Motion: Approve Resolution No. 12 -09. Moved by Daugherty, Seconded by Woods Public Works Director Rick Carper showed slides presented at the workshop of the Marsh Master Plan and stated staff was asking for the Commission's direction to start the actions discussed at the workshop. Discussion ensued. Mr. Carper stated most of the comments that were brought up at the workshop were included in the final plan. Commissioner Beckenbach asked that he elaborate. Mr. Carper explained that one of the comments was that they would like to see a guiding principle added that stated the preserves would be managed in an environmentally sensitive manner. He stated a guiding principle was added to that effect to the Master Plan. Mr. Carper further stated there will be a capital improvement plan for the Parks Division that will include the Marsh Preserves capital improvement plan as part of that entire division plan in the budget process and he is also expecting some kind of feedback from the Commission at the final session of strategic planning about this. He stated most of the capital projects in the Master Plan are fairly expensive so it will be a budgeting issue. Mayor Borno asked if this Resolution needs to be given to the Florida Inland Navigation District (FIND) so we can ask for some funds. Mr. Carper stated that was the Resolution they approved two meetings ago. He stated it was the Resolution committing the City to funding the three capital tasks they were including in the grant application. He stated the City will fund the entire portion of the design and permitting for those three capital projects and once they start building will get the 50% match back from Florida Inland Navigation District. Discussion ensued. Commissioner Mark asked that Mr. Carper explain for the audience the projects that we are looking to fund through the FIND grant monies. Mr. Carper pointed out on the slide the two projects on Dutton Island, one being a kayak slip on the west side and the other is to add an elevated overlook. He stated the third project is a raised overlook at the end of the West Sixth Street Right -of -Way. He stated these three projects have been submitted for the FIND grant, with the next step being an oral presentation to the FIND commission and later in the Fall they will hear whether they were approved, which will be grant funding for the next fiscal year. Commissioner Daugherty asked how they are communicating with Jacksonville, State government and Federal government on this project. Mr. Carper stated regarding the communication with State and Federal government, other than the DEP and others invited in as stakeholders in the meetings, there has been no communications with legislators. He stated in a year where there are no earmarks at the Federal level, and they are actually frowned upon at the State level too, he believes that is something that is beyond staff's reach. He stated once the plan is formally approved after tonight, they will be making other presentations to other regulatory agencies and the City of Jacksonville. Commissioner Daugherty stated there is still a lot of grant money out there and he believes they April 9, 2012 REGULAR COMMISSION MEETING Page 5 would be remiss not to communicate with our Senators and Representatives. Mr. Carper stated, as he has discussed with the City Manager, one of the line items in his budget request will be for some professional service dollars for grant writing for that purpose. Mayor Borno thanked Mr. Carper for his presentation. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 20-12-115, 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. Mayor Borno read Ordinance No. 20 -12 -115 by title. Motion: Approve Ordinance No. 20 -12 -115. Moved by Mark, Seconded by Daugherty City Manager Hanson explained the two amendments to the budget were for the preliminary plan for Rose Park and the funding received related to the Beaches Veterans Memorial Park to pay for the cost of the design services for the Chaplain's Memorial Garden. He further explained this is being paid for by the various veterans groups but the City has to do the work because it is our park. Mayor Borno explained the memorial brick program at the Veterans Memorial Park. Commissioner Mark recommended that Commissioner Daugherty get a verbal agreement from the residents where they are proposing to close the road with a cul -de -sac before spending the money on the design. Commissioner Daugherty agreed with her. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. PUBLIC HEARING for UBEX -12- 00100007, request from Joan Brown, d/b /a Beaches Custom Auto Repair, for (1) a use -by- exception to operate an automotive leasing establishment (Penske Truck Rentals), as is consistent with Section 24- 111(c)(10) of the Land Development Regulations; and, (2) a use -by- exception to operate an automotive sales establishment, as is consistent with Section 24- 111(c)(10) of the Land Development Regulations, within the Commercial General (CG) Zoning. Mayor Borno read the use -by- exception by title. ADr119.2012 REGULAR COMMISSIO MEETING Page 6 Motion: Approve UBEX -12- 00100007 (1), request for use -by- exception to allow the operation of an automotive leasing establishment as is consistent with Section 24- 111(c)(10) of the Land Development Regulations, with the Commercial General zoning district on a property located at 980 Mayport Road, and subject to the following conditions: (1) No more than one (1) small Penske truck shall be parked to the south - southeast of the existing building, being the front of the lot facing Mayport Road, while all others are to be parked towards the rear of the lot; and (2) Detailing activities shall be located to the rear of the lot and Approve UBEX -12- 00100007 (2), request for use -by- exception to allow the operation of a used automotive sales establishment, as is consistent with Section 24- 111(c)(10) of the Land Development Regulations, within the Commercial General zoning district on a property located at 980 Mayport Road, and subject to the site plan, as discussed and verbally agreed to by the applicant, and the following conditions: (1) The number of used automobiles maintained on -site for sale shall be limited to a maximum of five (5); (2) Used automobiles maintained on -site for sale shall be parked /displayed in the northeast corner of the property, nearest the intersection of Mayport Road and W ,__ t nth Street! (31 f uctamer narking shall he located along the south nronerty line, to the east of the existing building; and (4) Detailing activities shall be located to the rear of the lot. Moved by Woods, Seconded by Daugherty Mayor Borno opened the Public Hearing. Greg Selby, 3 Forrestal Circle, stated he believes these people should be allowed to open a business and do what they want over there. He believes business should come back to Atlantic Beach. No one else from the audience spoke so Mayor Borno closed the Public Hearing. City Manager Hanson stated he supports approval of the recommendations of the Community Development Board but stated staff recommended adding landscape requirements to this and future use -by- exceptions. He recommended an additional condition be added with language that is consistent with City Code Sec. 24- 177(c)(3), as follows: "Landscape area(s) of not less than ten (10) square feet for each linear foot of street frontage, fifty (50) percent of which shall be at least a five (5) foot wide strip abutting the street right -of -way, except for driveways. At least twenty -five (25) percent of the landscape area shall be covered with shrubs; the remainder may be covered in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three (3) foot spacing, and shall be no less than three (3) feet high measured from the property line grade." Principal Planner Erika Hall stated the applicant submitted her application in January so it did meet the deadline before the moratorium went into effect; however, they did not have a quorum for the February meeting of the CD Board which is why there has been a delay in bringing it to the Commission. She explained the two parts of the use -by- exception, showing slides of the site. She answered questions from the Commission. Mayor Borno asked the applicant, Ms. Brown, about her plans for landscaping, which she explained in detail. Commissioner Daugherty stated regarding the landscape requirements, he doesn't want to see this business singled out but rather, going forward, to make it a practice that use -by- exceptions along Mayport Road must meet the same landscape requirements. Commissioner Daugherty stated once or twice he has seen a rental truck parked on the grass over the sidewalk when they have been left after hours. He asked Ms. Brown what she can do to address that. Ms. Brown stated she is planning on putting a lock box on the gate and the Penske company can give the truck renter the code to use when they return the vehicle. Commissioner Daugherty asked Mr. Jensen if the moratorium they passed for used car lots would preclude them from approving this. Mr. Jensen stated, no, since the application was filed before the moratorium was imposed. April 9 2012 REGULAR COMMISSION MEETING Page 7 Commissioner Woods asked Ms. Brown if she will have irrigation for her landscaping. Ms. Brown stated she is hoping the landscaping she is using is drought tolerant because she does not want to use up a whole lot of water source and she will water them herself with a hose or use a seep hose. She further explained her landscaping plans. Amended Motion: Amend motion to add, Landscape area(s) of not less than ten (10) square feet for each linear foot of street frontage, fifty (50) percent of which shall be at least a five (5) foot wide strip abutting the street right -of- -way, except for driveways. At least twenty -five (25) percent of the landscape area shall be covered with shrubs; the remainder may be covered in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three (3) foot spacing, and shall be no less than three (3) feet high measured from the property line grade. Applicant must meet landscaping ordinance requirements for the maturity of shrubbery growth within a year. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the motion, as amended. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Proposal to amend Chapter 5 of the Code of Ordinances, Beaches and Parks, Article III, Public Parks, Sec.5 -32, User Fees for Parks and Recreation Facilities. Mr. Hanson explained the reason behind this request to no longer collect deposit fees was because it costs the City more than the $25 deposit to collect the deposit, deposit it in our account, and then issue a refund later. He stated staff does recommend they continue to collect the $25 application fee. He stated staff s recommendation is to prepare an Ordinance for first reading at the next meeting that would strike the deposit requirement from the Ordinance. Discussion ensued regarding fires on the beach. It was the consensus of the Commission to authorize staff to prepare an Ordinance for 1 St reading at the April 23` Commission Meeting. C. 1 VAC Retrofits for City Buildings. City Manager Hanson explained this is related to two energy grants, one through Jacksonville and one with the State. He stated the Commission approved a recommendation on February 27, 2012 to replace a number of units geared to better energy efficiency using these grants. He stated Jacksonville is now requiring us to put in 18 SEER units instead of the 14.5 and 15 SEER units. Our consultant, Fleet and Associates, has been working with Jacksonville on this and this amends some of the decisions made previously. He stated the recommendation is to accept the proposals from B &G to install 18 SEER units at Adele Grage, Donner Park and the City Commission Chamber buildings. He stated there is some money left on the table from the grants and Jacksonville is going to approve two additional units to replace. April 9, 2012 REGULAR COMMISSION MEETING Page 8 Motion: Approve staff recommendation to accept proposal from B &G to install 18 SEER units in Adele Grage, Donner Park and City Commission Chamber buildings as approved by the City of Jacksonville grant based upon a higher energy cost savings than previous proposal from Beehive Heating and Air of 14.5 and 15 SEER units. Moved by Woods, Seconded by Mark Mayor Borno asked Janice Fleet of Fleet and Associates if they expect the rules to change again. Ms. Fleet stated she has received email confirmations on these recommendations. She further explained the grant process and requirements. Mayor Borno asked her where we stand on the two additional units. Ms. Fleet stated she has emailed the request and has received a response stating they are reviewing them. She expects confirmation this week. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on a claim being filed due to a traffic accident involving a City Public Works employee. He stated we have auto liability insurance to cover auto accidents and this has been turned over to our carrier for handling. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Daugherty • Responded to Mr. Ford's comments regarding the dirt lot, stating he believes the Town Center would be greatly damaged if that parking was taken away. He stated they have spoken with Mr. Hionides regarding the property. He believes it very gracious of Mr. Hionides to allow parking there and whatever expense is involved in having to clean up is balanced by the fact that our businesses can have people come to them. He further stated Mr. Hionides has no money and no desire to develop the lot but something needs to be done to improve it and perhaps they can look into this further and come to a resolution. • He also discussed Mr. Ford's complaint regarding the conflict of interest. He stated after speaking with City Attorney Jensen and the two people involved he does not agree with his concern about conflict of interest. He stated that he has reservations about Mr. Ford since he is a former employee of the City. Commissioner Beckenbach • Stated he knows Don Ford and does not agree with Commissioner Daugherty's comments. He explained the history of Mr. Ford and his involvement with the Public Safety Building is well - known. He stated he would like to move this discussion to the next meeting to determine if there is a legal issue due to a conflict of interest. Commissioner Woods • Stated when they were creating the police building committee Commissioner Daugherty was concerned with putting people on who were unbiased and she believes having a financial contract with April 9, 2012 REGULAR COMMISSION MEETING Page 9 the police department in any way creates a very big bias. She stated being an ex -City employee who inspected the building, to her, says knowledge about the building and does not necessarily create a bias. She agreed with Commissioner Beckenbach and she has asked City Attorney Jensen for his opinion which he has not had time to respond to. She further stated she is disappointed that a member of this committee has had to bring an issue forward rather than the Chairman of the committee bringing it to the Commission and stated, as Commissioner Mark has suggested, they may end up starting all over again. • She believes they have been having a lot more bonfires because we have had a crazy, beautiful winter. Commissioner Mark • Asked if we are the only beach that allows bonfires. Mr. Hanson stated Jacksonville Beach allows them but does not permit them. • Regarding the parking lot issue Mr. Ford brought up, she stated the property is privately owned and if the owner does not choose to enforce his tow away sign, she does not believe the City can do anything legally. • Regarding the conflict of interest, this committee has met seven times and was charged with making a recommendation to the Commission within nine weeks. She stated to have this issue brought up now after this committee has already met more than half the time they were charged to meet and come back with a recommendation, she doesn't get it. She stated considering what this conflict of interest is based on, she doesn't believe it is enough to delay it. Mitch Reeves spoke at the request of Commissioner Mark, explaining he sells emergency lights for the police vehicles, the sirens and speakers. He stated he is not a commissioned salesperson, he is on salary. Commissioner Mark stated this is a good lesson for them going forward and they need to spell it out in the directives they give for committees being formed that the first thing they need to do is disclose any potential conflict of interest at the first meeting. She stated it is unacceptable to come at the 11� hour and cry conflict of interest. City Attorney Jensen • Stated he has looked into this a little and it is covered by Chapter 112 of the Florida Statutes. He stated anyone who has a conflict of interest would normally declare it themselves. He stated without getting into all the detail, and he doesn't know enough about what they both do for the City or for the police department but that in and of itself is not necessarily a conflict of interest. He stated there has to be a special private gain to the individual which generally means financial gain to those persons. He stated he found an Attorney General opinion where county commissioners purchased, on competitive bidding, fire equipment from a company that was owned by a part-time employee of the fire department and that was not prohibited. He stated he is still working on this and doesn't know whether there is a conflict or not but if someone feels they have a conflict, they should declare it themselves. He further stated this committee is not making any decisions; they are making recommendations to the Commission which will make the final decision. Mayor Borno • Asked the staff to keep on their radar the ADA Beach chairs and, if necessary, ask for an increase to cover Tideviews and Dutton Island. • Asked staff to continue keeping landscaping in use by- exceptions as they come to us. • Announced the Corp of Engineers will be tilling the beach. April 9, 2012 REGULAR COMMISSION MEETING Page 10 Explained he rode with the Sea Turtle Patrol and ran across a 9 ft hole that had been dug by some college students, which has now been filled in. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:28 p.m. Mike Borno Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk