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Agenda Packet 11-26-12 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING November 26, 2012 - 6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of November 13, 2012. B. Approve the minutes of the Workshop Meeting of November 13, 2012. C. Approve the minutes of the Commission Briefing of November 9, 2012. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Public Works and Utility Departments Project Status Report on 11/19/12. B. Award a nine-month extension to expire on September 30, 2013 for Janitorial Services for City Facilities to Corvus Janitorial Systems (Bid No. 1011-22). 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12-16 A RESOLUTION HONORING JOHN LOUIS MEEKS, JR ON RECEIVING THE DISTINGUISHED YOUTH SERVICE AWARD FROM UNITY WORLDWIDE MINISTRIES. 7. Action on Ordinances A. ORDINANCE NO.31-12-10,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AN AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE 2020 COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY ORDINANCE NUMBER 31- 10-09; THIS AMENDMENT ADOPTING THE MILITARY COORDINATION POLICIES AS REQUIRED BY 2011 HOUSE BILL 7207, AS WELL AS A MAP DEPICTING THE MILITARY INFLUENCE ZONE; PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF CONSISTENCY, FINDINGS OF FACT, SEVERABILITY AND AN EFFECTIVE DATE. . 1 B. ORDINANCE NO.5-12-57,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, ADDING A NEW RULE 28, BANNING TEXTING AND USE OF CELL PHONES AT CITY COMMISSION MEETINGS,AND PROVIDING AN EFFECTIVE DATE. C. ORDINANCE NO.20-12-118,Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30,2012,AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Police Department—31d Quarter Report. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and/or requests from City Commissioners and City Attorney A. City Ordinances on flags. (Commissioner Mark) B. Proposed Rose park budget amendment. (Commissioner Daugherty) C. Appoint Commissioner to Board Member Review Committee (Mayor) 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 2226.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday,November 21, 2012. 2 MINUTES REGULAR CITY COMMISSION MEETING November 13, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Mark Beckenbach Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of October 22, 2012. B. Approve the minutes of the Special Called(Shade) Meeting of October 22, 2012. C. Approve the minutes of the Commission Briefing of October 19, 2012. Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the minutes will stand as submitted. 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. Mayor Borno read a quote from Abraham Lincoln. No one from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Report and Utility Sales Report for October 2012 and the List of New Business Taxes in October 2012. November 13,2012 REGULAR COMMISSION MEETING Page 2 Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item A. She stated she is pleased to see all the new businesses. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 4—Daugherty, Mark,Woods, Borno Nay: 0 MOTION CARRIED Mayor Borno reopened the Courtesy of the Floor to Visitors due to a late request. He stated because this was a late request he would only allow 2 minutes for him to speak. John November, 647 Beach Avenue, reported they successfully submitted the community coastal partnership grant. He further discussed strengthening the tree ordinance. He stated currently there is an exemption that allows people to clear-cut their property and then come back six months later and apply for a tree permit to determine if they need to save any trees on the property. He stated it should be clearly stated in the ordinance that this is strictly for minor improvements and does not also apply to demolition and rebuilding or building on lots that have never had a structure on them. He also stated there is nothing in the ordinance currently that states a clear checklist for a homeowner who wants to pull a permit on their property. He stated he is looking for direction from the Commission to allow staff to work with him, for which he will dedicate his time, to help strengthen the ordinance and bring it back to the commission for their formal decision in the future. Mayor Borno requested that Mr. November speak with the City Manager regarding this. Mayor Borno closed the Courtesy of the Floor to Visitors. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 90-12-215,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING REGULATIONS, SEC. 24-51, NOTICE OF PUBLIC HEARINGS, AND SEC. 24-69, FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-12-215 by title. Motion: Approve Ordinance No. 90-12-215. Moved by Woods, Seconded by Daugherty November 13,2012 REGULAR COMMISSION MEETING Page 3 Building and Zoning Director Mike Griffin summarized the ordinance stating staff made the change from 500 ft. to 300 ft. as well as the price for a use-by-exception to $350 to cover staff time. He further stated the ordinance currently requires two hearings, one with the Community Development Board and one with the Commission, but staff believes if they get together with the applicant to discuss the site plan it would eliminate a second hearing. He stated staff recommends the Commission approve the ordinance as submitted and they will look at changing this to a single hearing process at a later date. Commissioner Woods asked if that meant the Community Development Board would have fmal say on use-by- exceptions. Mr. Griffin stated that was correct, the applicant would go before the Community Development Board with a recommendation of staff. Commissioner Woods stated she was unsure how she feels about that, explaining her reasons. Mayor Borno suggested they ask staff to review the use-by-exceptions. Mr. Griffin stated they are developing a process for the use-by-exceptions so they are more upfront with the applicants going to a meeting. Mayor Bomo requested staff get all those things together and bring that back to the Commission as an ordinance change. Commissioner Woods requested that the Commission see that before it shows up on the agenda. Mr. Hanson stated they will bring it back as a staff report first before going to any ordinance changes. Mayor Bomo opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED B. ORDINANCE NO. 5-12-57,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, ADDING A NEW RULE 28, BANNING TEXTING AND USE OF CELL PHONES AT CITY COMMISSION MEETINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Bomo read Ordinance No. 90-12-215 by title. Commissioner Woods stated she would make the motion to use the language that City Commissioners may have cell phones turned on during City Commission meetings,to be used only in the event of an emergency, as opposed to City Commissioners shall have cell phones turned off during City Commission meetings. Motion: Approve Ordinance No. 5-12-57 using the language that City Commissioners may have cell phones turned on during City Commission meetings,to be used only in the event of an emergency, as opposed to City Commissioners shall have cell phones turned off during City Commission meetings. Moved by Woods,Seconded by Daugherty Mayor Borno stated he is not in favor of this and believes the phones are a distraction. Votes: Aye: 3—Daugherty,Mark,Woods Nay: 1 -Borno November 13,2012 REGULAR COMMISSION MEETING Page 4 MOTION CARRIED C. ORDINANCE NO.20-12-118,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. Motion: Approve Ordinance No.20-12-118. Moved by Woods,Seconded by Daugherty Finance Director Nelson Van Liere explained the year-end amendments to the operating budget and answered questions from the Commission. Votes: Aye: 4—Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED Item 8E was taken out of sequence and acted on at this time. 8E. Revised process for acquiring property from River Branch Foundation. City Manager Hanson summarized his staff report and explained the necessity for the emergency request. He stated they must first vote to agree to take this on as an emergency matter, then they would take up the budget amendment which puts in the revenue and a matching expense to receive the money from the Foundation and to purchase the property as two separate votes, one for the first reading and one for the second reading. He stated the last item would be to authorize Mayor Borno to execute all the related documents in the closing. Motion: 1) Approve the budget amendment at one meeting under the Emergency provisions to accommodate the request of the Foundation 2) Vote to approve both the first and second readings of the budget amending ordinance at the meeting on November 13, 2012, and 3) Authorize Mayor Borno to execute all related documents on behalf of the City of Atlantic Beach. Moved by Daugherty,Seconded by Woods Commissioner Woods thanked the River Branch Foundation for continuing to partner with the City and for making all of this happen. Votes: Aye: 4—Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED D. ORDINANCE NO.20-12-119,First and Second Readings AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20-12-119 by title. November 13,2012 REGULAR COMMISSION MEETING Page 5 Motion: Approve the first reading of Ordinance No.20-12-119 as an emergency item. Moved by Woods,Seconded by Daugherty Mayor Borno summarized the Ordinance. Votes: Aye: 4—Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED Motion: Approve the second reading of Ordinance No.20-12-119 as an emergency item. Moved by Woods,Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Daugherty,Mark,Woods,Borno Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Sewer Rehabilitation for FY13. Utility Director Donna Kaluzniak explained this is a continuation of the sewer rehabilitation program and staff is requesting the Commission's approval to piggyback on JEA's contracts with Insituform and Concrete Conservation; using the City's annual contractor for point repairs, as needed; and asking for a 10% contingency to be used for any of those contractors during the project, as needed. Motion: Authorize Insituform Technologies, LLC to install cured-in-place pipe (CIPP) for the FY13 Sewer Rehabilitation Project in the amount of $162,824, using specifications and pricing in JEA Contract No. 116616. Authorize Concrete Conservation, Inc. to provide manhole rehabilitation for the project in the amount of $10,920 using specifications and pricing in JEA Contract No. 113044. Authorized Gruhn May, Inc. to perform point repairs estimated at$8,000 using prices in Bid No. 1011- 02. Authorize a contingency of$18,175 to be used for any of the three contracts as needed. Authorize the City Manager to sign the contracts with Insituform Technologies, LLC and Concrete Conservation, Inc. Moved by Woods, Seconded by Mark Votes: Aye: 4— Daugherty,Mark, Woods, Borno Nay: 0 MOTION CARRIED B. Proposed policy on rebidding for service contracts and related Commission approvals. Mr. Hanson summarized his staff report explaining his recommendations. Motion: (1) Direct the staff to prepare and present most contract approvals or renewals at least two commission meetings before the contract deadline with an understanding that this provision may not November 13,2012 REGULAR COMMISSION MEETING Page 6 be obtainable in certain instances, (2) As to the dollar value and frequency for commission approvals, there are many factors to consider concerning extensions. These would include performance of the contractor, administrative time and cost to bid versus the size of the contract, the amount of competition available, disruption in changing vendors and other factors. The judgment of the top staff should be utilized as it has in the past to determine which contracts for service should be extended rather than rebid if they were within the three year period. A dollar value for contract approvals by the Commission has been set at $25,000 for some time and there does not appear to be any overwhelming reason to change it at this time, and (3) Concerning the possibility of listing all contracts online, the City already has an extensive online service for prospective vendors and staff answers questions from vendors on a daily basis on a wide variety of subjects, including when contracts may be up for renewal. The City's website includes a "Notify Me" option where prospective vendors can sign up to receive an email whenever a bid is being requested for a service for which they are interested. It is possible for the City to prepare a database that can be put online listing all of our current contracts and timeframes for bids. However, staff has pointed out that this database would have to be updated on a very regular (probably weekly) basis to keep it current. This would add a significant additional responsibility at a time when the City, because of budget constraints, has been eliminating staff to keep costs and tax rates down. Consequently, it is the staff's recommendation to keep the online services for prospective vendors as they have been in the past. Moved by Woods, Seconded by Daugherty Commissioner Mark stated to simplify this process for new contracts, going forward, she would like to proposed that they add the additional contract terms stating the City Manager could approve the extension of the two additional one-year periods at the same price of the existing contract, unless circumstances change that would require Commissioner discussion and/or approval. Mr. Hanson clarified that he believes Commissioner Mark is saying that when they bring a new contract to the Commission that they put on the motion to approve, if it is satisfactory to staff after the first year, to give staff the authority to extend it two additional years and if staff recommends not doing that they will rebid it and bring the bids back to the Commission. Public Works Director Rick Carper answered questions from the Commission. Votes: Aye: 4—Daugherty, Mark,Woods, Borno Nay: 0 MOTION CARRIED C. Request for Approval of Scope and Fee Proposal for Marsh Preserves Kayak Launch, Fishing and Public Access Improvements Design and Permitting. Mr. Carper presented the request, summarizing his staff report. He answered questions from the Commission. Motion: Approve the Scope and Fee Proposal and authorize the City Manager to sign a contract with CPH/HHI for the proposed services in the amount of$34,000. Moved by Mark, Seconded by Daugherty Votes: Aye: 4—Daugherty, Mark,Woods,Borno Nay: 0 November 13,2012 REGULAR COMMISSION MEETING Page 7 MOTION CARRIED D. Justice Assistance Grant. Chief Classey explained the Police Department received approval for a $2,700 Justice Assistance grant for purchase of law enforcement equipment. He stated staff is recommending the purchase of a night vision scope and is asking for authorization for the Mayor to sign all the related paperwork and for Chief Classey to be able to electronically sign on behalf of the Mayor for the online submission. Motion: Authorize the Mayor to sign the related paperwork for the application and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the application on line and have the authorization to electronically sign the on-line application on behalf of the Mayor and the City. Moved by Woods, Seconded by Mark Discussion ensued and Chief Classey answered questions from the Commission. Votes: Aye: 4—Daugherty, Mark,Woods,Borno Nay: 0 MOTION CARRIED E. Revised process for acquiring property from River Branch Foundation. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. City Manager Hanson reported the City received a donation of a light bar, siren and PA system from Mitch Reeves of Code 3 Inc. He stated they will put this on the new mule they are purchasing for the lifeguards. 10. Reports and/or requests from City Commissioners and City Attorney A. Status report regarding Golf Course. Mayor Pro Tern Mark reported on her meeting with Mike Carlin, the president of the Selva Marina Board who explained he has been working on a financial plan that will give the club a two-year window to try to get their deal with the developer finalized. She stated, based on his recommendations, she would suggest that the City wait on the feasibility study at this time. She also stated Mr. Carlin thought it would be extremely important for the City to be at the table during the discussions with the developer because irrigation is their number one priority and concern for the golf course. He stated he believes if the City, the developer and the country club could come together with a good solution in resolving that issue that would be a win-win for all. She stated Mr. Carlin explained it is the club's desire to remain a private country club, if possible, and that is what they are focused on. Discussion ensued. B. Grants. November 13,2012 REGULAR COMMISSION MEETING Page 8 Commissioner Daugherty explained this request stems from the sharp contrast in grant applications being sent out and grants received since we lost our Assistant City Manager. He stated from discussing this with the City Manager one of his recommendations was to find projects we are already working on that would have grant money available and look at ways to get grants for those. He stated one project that came up was the Marsh Master Plan. He stated they could seek grant money for planning and designing the pedestrian path. He stated he would like to make a motion to request staff to get a proposal preparing grant applications for design work for the pedestrian path for the Marsh Master Plan and report back to the Commission to get authorization to move forward. Motion: Request staff to get proposal for preparing grant applications for design work for the pedestrian path in the Marsh Master Plan and report back to the City Commission to get authorization to move forward. Moved by Daugherty, Seconded by Woods Mr. Hanson further explained they would want to look for a specific grant for projects rather than just tell someone to go find us grants for something. He stated staff does not have time to walk a grant consultant or brand new employee through that process. He also stated any grant we look at should be for something that is already on this Commission's strategic goals. He stated the project that stood out would be to get a design of this entire ped path at one time. He stated what they propose is to get someone to prepare grant applications to a couple of agencies they believe might fund design grants to get the money to get this design done at one time. He stated if the Commission agrees, this is something they can handle with existing staff, especially if they can use the same consultant that did the Marsh Master Plan because they won't have to explain to them what the plan is. Mr. Carper added that what they are talking about is planning services which don't fall under Consultants Competitive Negotiation Act and they don't have to do an RFP for this. Discussion ensued. Commissioner Woods expressed concern about the cost of staff time for these grants. Commissioner Daugherty stated he would like the Commission, in the future, to look at the cost benefit analysis of hiring a person whose job is to seek and administer grants. Votes: Aye: 4—Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED City Clerk Bartle • Happy Thanksgiving. Commissioner Daugherty • Introduced Russ Schwartz, a gentleman who does video productions, stating they came to observe the meeting and will be submitting a proposal for recording meetings. • Wished everyone a happy, prosperous Thanksgiving and safe travels. Stated he is headed to Missouri. Commissioner Woods • Happy Thanksgiving. Commissioner Mark • Proposed holding a workshop for the Commissioners to bring back the discussion of the police building to come to a consensus on where they want to go with it. November 13,2012 REGULAR COMMISSION MEETING Page 9 Mayor Borno • Reported on the Veterans Day celebration at Veterans Memorial Park stating it was an exceptional event. He stated the Beaches Veterans Memorial Park has accomplished tremendous improvements over there compared to what they started with. He thanked the Public Works staff who worked really hard along with the volunteer labor from the Beaches Veterans Memorial Park. Mr. Hanson added, although some may not realize it, one person who really had something to do with the looks of that park was Commissioner Woods who actually designed the landscaping there for JTA when they did the flyover project several years ago. He stated it really looks a lot better, now that the trees have grown. • Will be at Florida League of Cities policy meetings in Orlando this Wednesday through Friday. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:00 p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBER,ON NOVEMBER 13,2012 AT 5:00 PM. City Commission Members present: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: City Manager Jim Hanson City Attorney Alan C. Jensen The workshop was called to order at 5:10 p.m. by Mayor Borno on Tuesday, November 13th in the Commission Chamber. The purpose of the workshop was for the City Commission to view a recording of a training session from the ICMA Conference held in Phoenix on 10/9/12 entitled "Fostering a Culture of Civility, Inclusion and Consensus". Following the training session, City Commissioners held a discussion about various points made in the session as well as steps to take in Atlantic Beach. Specific staff direction was provided as follows; - Staff is to prepare a proposed statement on rules of conduct for the Commissioners and audience for future commission meetings that would be included as the first page on future agenda packets. This list of rules of conduct or "ground rules" would include the acronym from the training session about"respect". - Staff is to check on the possibility of installing an electronic system for the City Commissioners to signal the Mayor when they wish to speak during meetings. This would reduce the need for the Mayor to watch in both directions to determine who wants to speak next and keep commissioners from interrupting each other. - A work session to go over agenda items for the upcoming City Commission meeting will be scheduled either on Wednesday or Thursday preceding a future commission meeting. Because the Thursday before the next meeting will be Thanksgiving Day, it was determined that the work session should be set for the first meeting in December. The purpose of this work session will be to review and discuss agenda items that are included on the agenda for the following Monday night. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 6:18 p.m. Mike Borno Mayor Jim Hanson City Manager Minutes of the Commission Briefing November 9, 2012 PRESENT: Commissioner Carolyn Woods, City Manager Jim Hanson and five citizens Meeting was called to order in the North Conference Room at 4:00 pm. General subjects were discussed: 1) Agenda for the Commission meeting on November 13th - Special Meeting at 5 pm to view the video on the ICMA Conference on Civility - Item 7A: Ordinance on public hearings and number of approvals needed for use-by- exceptions - Item 7B: Ordinance on communication devices used by Commissioners during meetings - Item 7D/8E: Change in process for acquisition of River Branch property previously approved by the City Commission - Item 8B: Bidding and re-bidding for Commission approval of annual contracts for service - Item 10A: Golf Course Report from Commissioner Mark - Item 10B: Report on Grants from Commissioner Daugherty 2) Status of Union Negotiations - Second vote from Blue Collar Union November 8th - Blue Collar Union mediation scheduled January 8th and 9th, 2013 - Police Union to vote next week on City's proposals 3) Previously approved one percent pay raise includes Mayor and Commissioners 4) Possibility of offering dog training classes 5) Tipping Fee status The meeting was adjourned at 4:55 pm. Jim Hanson, City Manager PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D)=DESIGN ENGINEER,(CE&I)=CONSTRUCTION ENGINEER&INSPECTION,(C)=CONTRACTOR,(VE)=VALUE ENGINEERING PROJECT DESCRIPTION PROJECT NO.AND INFORMATION STATUS ON 11/19/12 1 TMDL Wastewater Project (D)=J. Collins Engineering Assoc. Substantial completion inspection held on 11/19/12. Forcemain Construction = 100% (VE)=ATM Contractor finishing punch list items. WWTP#1 Construction =100% (C)=TB Landmark(Forcemain) Sludge & Odor Control =100% WPC Industrial Contractors(WWTP and Sludge&Odor Control) (CE&I)=J. Collins Engineering Assoc. 2 FY 12 Water Main Project (D)=Bowen Civil Engineers Bids received 5/2/12. Commission awarded entire project to Design = 100% (Survey)=L.D. Bradley Gruhn May, contingent upon approving Budget Modification Construction =90% (C)=Gruhn May Ordinance,approved 6/25/12. Preconstruction meeting held (CE&I)=Public Utilities 7/9/12. Completed replacement of water main on 12th St. from Ocean Blvd. to Beach Ave., 15th St.,and Ocean Blvd. from 14th to 16th St. Contractor replacing services. 3 FY 13 Sewer Rehabilitation (D)=Public Utilities Contracts awarded by Commission on 11/13/12. Project (C)=Insituform, CCI, Gruhn May Design=100% (CE&I)=Public Utilities/PW Construction = 0% 4 Donner Park Community Development Grant Projects a. New lighting for basketball (C)=Limbaugh Electric Complete courts b. Security lighting for Donner (C)=Limbaugh Electric Complete Community Center c. Grade and sod baseball field Complete C z d. Top Grade southern end Complete - of soccer field p N � (D)=ATM o e. Add paved parking (C)=ACD Marine d/b/a Complete N a A&E General Contractors AGENDA ITEM#4B NOVEMBER 26,2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Annual Janitorial Services for City Facilities SUBMITTED BY: Yvonne Calverley,Administrative Assistant to the City Manager DATE: November 15,2012 BACKGROUND: The current contract for janitorial services expired on September 30, 2012. Per Bid No. 1011-22,the City had the option of extending the current contract with Corvus Janitorial Systems for two(2)additional one-year periods. However, after a review of the overall service provided to our City facilities during the past year,City staff determined that extending the current contract for another full year was not the best option at this time. There were several factors that contributed to the City staff's decision not to extend the contract including high personnel turnover,the number of minor discrepancies documented during facility inspections and the inconsistency in following written specifications. City staff met with Corvus Janitorial Systems and discussed the City's concerns about their performance and what steps needed to be taken for improvement and continuation of the current contract. On October 1, 2012,the City Manager agreed to place Corvus Janitorial Systems on a short probation period and extend the current contract on a month to month basis. For the past two months, City staff has been monitoring the performance of Corvus Janitorial Systems and there has been an improvement in cleaning services. The replacement of personnel has resulted in better service and a decline in discrepancies. City staff will continue to monitor and conduct periodic inspections of City facilities to ensure that written specifications are followed. BUDGET: No additional cost. Corvus Janitorial Systems was awarded the bid on October 1,2011 in the amount of$45,000. Due to the closing of the Buccaneer Sewer Plant at 739 Wonderwood Road on October 1, 2012, the cost of the contract extension is reduced by$2,460.00. RECOMMENDATION: Recommend that the City Commission award a nine(9)month extension to expire on September 30,2013 to Corvus Janitorial Systems. This proposed extension will be the first contract extension. ATTACHMENT: 1)Letter of Acceptance dated November 15,2012 from Corvus Janitorial Systems. CITY MANAGER: • AGENDA ITEM 4 4B NOVEMBER 26,2012 }, rY OE ATLANTIC REACH ', " s;► orvIC E Mil-1E MAYOR '1 ,1$ :M 1300 SEMINOLE ROAD TJ / '." ATLANTIC BEACH, FLORIDA 32233-5455 www.coab.us November 15,2012 Nate Burns Corvus Janitorial Systems 1 9000 Regency Square Blvd. Suite 205 Jacksonville, FL 32211 Dear Mr.Burns, As you are aware,the contract with the City of Atlantic Beach for janitorial services expired on September 30,2012,and the City of Atlantic Beach chose not to award Corvus Janitorial Systems an additional one-year contract extension at that time. This was due to th©unsatisfactory services we received during the past year. On October 1,2012,City Manager Jim Hanson agreed to place Curves Janitorial Systems on a short probation period and extend the current contract on a month to month basis. For the past two months,City staff has been monitoring the performance of your cleaning crew and there has been a significant improvement in the cleaning service. The replacement of personnel has resulted in better service and a decline in discrepancies. Because of this improvement,the City of Atlantic Beach is removing Corvus Janitorial Systems off of probation. The City would like to extend the contract for nine(9)months at the current prices,if this is acceptable to your company. if acceptable,please sign below and return to me so I can prepare a staff report for the City Commission to accept the extension. We look forward to recommending that we continue our contract with your company. Sincerely, u vonne Calved f Administrativ Assis nt to the City Manager CORVUS JANITORIAL SYSTEMS,AGREES TO EXTENT)THE CLIENT CONTRACT FOR NINE(9)MONTHS FOR THE SAME PRICE AND ENDING SEPTEMBER 30,2013, tl - rl - az_ Nate luaus, Date AGENDA ITEM#6A NOVEMBER 26,2012 RESOLUTION NO. 12-16 A RESOLUTION HONORING JOHN LOUIS MEEKS,JR ON RECEIVING THE DISTINGUISHED YOUTH SERVICE AWARD FROM UNITY WORLDWIDE MINISTRIES WHEREAS,John Louis Meeks,Jr.has been teaching gifted social studies at Mayport Coastal Sciences Middle School in Atlantic Beach,Florida since 2002; and WHEREAS,Mr.Meeks was elected Mayport Middle School Teacher of the Year by his peers in 2005;and WHEREAS,Mr.Meeks was elected to the Duval Teachers United Board of Directors in 2005 and was elected to serve as building representative for Mayport Coastal Sciences Middle School;and WHEREAS,Mr.Meeks has served on several state and district committees regarding middle school scheduling, district teacher of the year,pupil progression,academic calendars,exam test item review,textbook adoption and other concerns;and WHEREAS,Mr.Meeks coached the Mayport Coastal Sciences Middle School Scholar Bowl since 2003 and has worked with students,parents and the community to help the team earn their first district championship in school history;and WHEREAS,Mr.Meeks has volunteered his services for the youth of the community by serving as a Sunday school teacher at Unity Church of Jacksonville and later as their Youth Education Director; and WHEREAS,Mr.Meeks helped to facilitate piano recitals for Atlantic Beach youth at his church;and WHEREAS,Mr.Meeks has participated in and supported arts and cultural programs,such as ARTOGA,at Mayport Coastal Sciences Middle School;and WHEREAS,Mr.Meeks was nominated for and was named recipient of the Distinguished Youth Service Award from Unity Worldwide Ministries of Unity Village,Missouri;and WHEREAS,in a ceremony on Sunday,November 4,2012,Rev. Eugene R.Lynch and Rev.Marleen F.Davis presented Mr.Meeks with the Distinguished Service Award from Unity Worldwide Ministries of Unity Village, Missouri. NOW,THEREFORE BE IT RESOLVED,that the City Commission of the City of Atlantic Beach,Florida: Section 1. That the City of Atlantic Beach,Florida recognizes Mr.Meeks for a decade of service to youth in the classroom and the community and congratulates Mr. Meeks on his receiving the Distinguished Youth Service Award from Unity Worldwide Ministries of Unity Village,Missouri. Section 2. This resolution shall take effect upon its final passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this 26th day of November 2012. APPROVED AS TO FORM: Mayor ALAN C.JENSEN,ESQUIRE City Attorney ATTEST: DONNA L.BARTLE,CMC, City Clerk AGENDA ITEM#7A NOVEMBER 26,2012 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Public Hearing and final reading of Ordinance 31-12-10, which shall adopt the amendment to the Future Land Use Element and Map Series of the 2020 Comprehensive Plan, to include objectives and policies regarding coordination with Naval Station Mayport to achieve compatible land uses, ensure safety, and facilitate continued presence of this major military state, as required by §163.3175 and§163.3177(6), Florida Statutes. SUBMITTED BY: Erika Hall Principal Planner qf/ DATE: October 9, 2012 BACKGROUND: This public hearing is a required step in the process to amend the adopted comprehensive plan according to the provisions of §163.3184, Florida Statutes, in that it provides an opportunity for public review and comment. The proposed amendment was initiated by the City to meet requirements of §163.3175 and §163.3177(6), Florida Statutes ("F.S."), for the military coordination between the City of Atlantic Beach and Naval Station Mayport, and consists of one text amendment to the Future Land Use Element and addition of one new map, Map A-6: Military Influence, to the Map Series. Pursuant to §163.3184, F.S., the Community Development Board, acting its capacity as the local planning agency, held a public hearing and reviewed the proposed amendment at its June 19, 2012 meeting. Finding the said amendment to be consistent with the stated goals, objectives and policies of the adopted 2020 Comprehensive Plan, as well as provisions of §163.3175 and §163.3177(6), F.S., unanimous recommendation was made to the City Commission for transmittal to the Department of Economic Opportunity, Bureau of Community Planning and Development (the "Bureau") and other reviewing agencies as required. On July 9, 2012, the City Commission held a public hearing and concurred with the findings of the Community Development Board and unanimously voted to transmit. On July 10, 2012, pursuant to §163.3184(3)(b), F.S., staff forwarded transmittal packages to the Bureau and required agencies for review and comment. On August 14, 2012, the Bureau issued a letter to the City stating that the proposed amendment had been received and reviewed and that the Bureau "identified no comment". The City was further instructed to address any comments received from other reviewing agencies and then either adopt, adopt with changes, or not adopt the proposed amendment within 180 days of receipt of Bureau comments. Additional letters of"no comment" were received from the Florida Department of Environmental Protection (August 8, 2012), the Northeast Florida Regional Council (August 3, 2012), and the St Johns River Water Management District (July 30, 2012)within the statutory review period, and no letters were received from the remaining reviewing agencies. November 26,2012 regular meeting AGENDA ITEM#7A NOVEMBER 26,2012 BUDGET: No budget issues. RECOMMENDATION: Motion to approve Ordinance 31-12-10 on final reading, which shall adopt the proposed amendment to the Future Land Use Element and Map Series of the 2020 Comprehensive Plan in accordance with §163.3184, F.S. ATTACHMENTS: Ordinance 31-12-10 Bureau"no comment" letter dated August 14, 2012 Staff report from the July 9, 2012 meeting REVIEWED BY CITY MANAGER: November 26,2012 regular meeting AGENDA ITEM#7A NOVEMBER 26,2012 ORDINANCE NUMBER 31-12-10 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AN AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE 2020 COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY ORDINANCE NUMBER 31-10- 09; THIS AMENDMENT ADOPTING THE MILITARY COORDINATION POLICIES AS REQUIRED BY 2011 HOUSE BILL 7207, AS WELL AS A MAP DEPICTING THE MILITARY INFLUENCE ZONE; PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF CONSISTENCY, FINDINGS OF FACT, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, 2011 House Bill 7207, §163.3175 and §163.3177, Florida Statues, direct the City to adopt policies to address compatibility of development with military installations and the exchange of information between local governments and military installations; and WHEREAS, City staff, in conjunction with representatives of the State Land Planning Agency and Naval Station Mayport have collaborated to create policies to address military compatibility and coordination within the City of Atlantic Beach Comprehensive Plan; and WHEREAS, the proposed amendment includes Map A-6 which establishes a Military Influence Zone (MIZ), as the Future Land Use Map Series the companion to proposed Comprehensive Plan Policies A.1.15.1 through A.1.15.5; and WHEREAS, §163.3184(3), Florida Statutes, establishes the process for the adoption of the Comprehensive Plan or Amendments thereto; and WHEREAS, at a regularly scheduled meeting held on June 19, 2012,the City of Atlantic Beach Community Development Board held a public hearing for the purpose of considering a proposed amendment to the City of Atlantic Beach 2020 Comprehensive Plan and recommended transmittal of the amendment to the State Land Planning Agency for comment; and WHEREAS, on July 9, 2012 the Atlantic Beach City Commission directed City staff to transmit the proposed amendment to the State Planning Agency for comment; and WHEREAS, on August 14, 2012 the State Planning Agency responded that it had identified no comment related to important state resources and facilities within the Agency's authorized scope of review that would be adversely impacted by the amendment if adopted. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. INTENT. The purpose of this ordinance is to adopt a required amendment to the City of Atlantic Beach 2020 Comprehensive Plan, adopted by Ordinance Number 31-10- 09 on March 22, 2010 and previously found to be In Compliance, and to exercise the authority AGENDA ITEM#7A NOVEMBER 26,2012 and perform the duties as set forth within §163.3175 and §163.3177(6), Florida Statutes. Specifically, this amendment shall adopt Policies A.1.15.1 through A.1.15.5 attached hereto as Exhibit A, as part of the Future Land Use Element and companion Map A-6, establishing the Military Influence Zone, attached hereto as Exhibit B, as part of the Future Land Use Map Series. SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Part II, Florida Statutes, and the Constitution of the State of Florida, as may be amended from time to time. SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of Atlantic Beach hereby finds that this amendment to the City's Comprehensive Plan is: (i) consistent with the State Comprehensive Plan, §187.201, Florida Statutes; (ii) consistent with the Northeast Florida Strategic Regional Policy Plan; (iii) consistent with §163.3175 and §163.3177(6), Florida Statutes; and (iv) consistent with other provisions of the adopted City of Atlantic Beach Comprehensive Plan. SECTION 4. FINDINGS OF FACT. These amendments are found to maintain internal consistency with the current City of Atlantic Beach Comprehensive Plan. These amendments are also found to be consistent with the review and amendment procedures as established by State law, the public participation process and the required coordination between the City of Atlantic Beach and other State of Florida agencies, including, but not limited to the Florida Department of Economic Opportunity Bureau of Community Planning and Development, Florida Department of Environmental Protection, Florida Department of Transportation, Northeast Florida Regional Council, and St. Johns River Water Management District, SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission for the City of Atlantic Beach, that, if any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed separate, distinct and independent such that the remainder of this ordinance shall not be affected by such validity. SECTION 6. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the State Land Planning Agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administrative Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administrative Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. Ordinance No. 31-12-10 Page 2 of 3 AGENDA ITEM#7A NOVEMBER 26,2012 Passed and adopted by the Commission of the City of Atlantic Beach, Florida upon reading and public hearing at a regular meeting held on this day of November 2012. Mike Borno Mayor Approved as to form and correctness: Alan C. Jensen,Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Ordinance No.31-12-10 Page 3 of 3 AGENDA ITEM If 7A NOVEMBER 26,2012 fr 4. /1,"- / , / \\\\ / r r / t'� f f. ---- i o- .ti iii r�✓ i i 1/d. V;.;:.‘""t1S4 g 1 ; 1 \ \\\,,,,, o. i d ;‘,..11._,_.1 i 1 / '111411V \ , ik :11111, 4) \ U '� fl4e�Ya��uV f 0 `1 i! r ' MYYM�E 11YY�MY�MM ' t , , N ! 1 h i I \ al,,.,..IIa.InfYrYlr1..,.. 1=- 1 c;',2D .-.„.',,,,,F4, i ...1], 2 -1.1s5 in Ala tq7 �-n ' i ��,� E r; n d' - b a n_' : P g "69 fS in V,"N1 4 R "Z f1, rt ` g C. q w a 3 ,..1 c co VP MAP A-6: MILITARY INFLUENCE ZONE 2010 - 2020 Comprehensive Plan Amendment Map Series Amended November 26 2012 Orclinince No 31-12-10 AGENDA ITEM#7A NOVEMBER 26,2012 .t i Rick Scott Hunting F. Deutsch GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY August 14,2012 The Honorable Louis"Mike"Borno, Mayor City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233-5455 Dear Mayor Borno: The Department has completed its review of the proposed comprehensive plan amendment for City of Atlantic Beach(Amendment No. 12-1ESR),which was received on July 16,2012. We have reviewed the proposed amendment pursuant to Sections 163.3184(2)and(3),Florida Statutes(F.S.), and identified no comment related to important state resources and facilities within the Agency's authorized scope of review that will be adversely impacted by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b),F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments,we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved,such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes,or not adopt the proposed amendment. Also,please note that Section 163.3184(3)(c)1,F.S.,provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments,the amendment shall be deemed withdrawn unless extended by agreement with notice to the State Land Planning Agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. If you have any questions concerning to this review,please contact Joseph Addae-Mensa, Planning Analyst, at(850)717-8476,or by email at joseph.addae-mensa®deo.myflorida.com. Sincerely, (? Ana Richmond Regional Planning Administrator AR/jam Enclosure: Adoption Procedures cc: Michael Griffin, Building and Zoning Director,City of Atlantic Beach Ed Lehman, Director of Transportation&Community Development,Northeast Florida Regional Council Florida Department of Economic Opportunity;The Caldwell Building 1 107 E.Madison Street I Tallahassee, FL j 32399-4120 866.FLA.2345 i 850.245.7105 1 850.921.3223 Fax f www.FloridaJobs.orq I www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. AGENDA ITEM#7A NOVEMBER 26,2012 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Public Hearing for proposed amendments to the Future Land Use Element and Map Series of the adopted 2020 Comprehensive Plan, to include objectives and policies regarding coordination with Naval Station Mayport to achieve compatible land uses, ensure safety, and facilitate continued presence of this major military station, as required by §163.3175 and §163.3177(6), Florida Statutes. SUBMITTED BY: Erika Hall Principal Planner DATE: June 20, 2012 BACKGROUND: This public hearing is a required step in the process to amend an adopted comprehensive plan according to the provisions of§163.3184, Florida Statutes, in that it provides an opportunity for public review and comment. The City Commission is charged with transmittal of proposed amendments to the state planning agency and other agencies for review, upon receipt of a recommendation from the Community Development Board acting as the local planning agency, and based upon establishment of findings of fact and consistency. The proposed amendments before the Commission come as a result of the 2011 Florida Legislature's passage of House Bill 7207 that established that designated local governments adjacent to or in close proximity to a military installation must incorporate strategies into their comprehensive plan to achieve compatible land uses, ensure public safety, and facilitate the continued presence of major military installations within the state. The Legislature established a June 30, 2012 deadline for meeting this requirement. However, because staff has been in regular contact with the Bureau of Community Planning and Development, and has been working with their staff as well as our Commission-appointed military liaison, Mr. Matthew Schellhorn, the City is considered to be "in process"to compliance. Attached Exhibit A is a draft of Objective A.1.15 and Policies A.1.15.1 through A.1.15.5, which address these requirements as applicable to the City of Atlantic Beach, in close proximity to Naval Station Mayport, and is presented as a text amendment to the adopted 2020 Comprehensive Plan Future Land Use Element. The draft language is consistent with and substantially identical to the provisions of §163.3175, F.S., and primarily serves to establish a formal relationship of coordination between the City and Naval Station Mayport. Attached Exhibit B is a draft of new Map A-6, Military Influence Zone, to be included in the 2020 Comprehensive Plan Map Series. This map, created using data provided by Naval Station Mayport, shows variables of military operations and their potential impact on the City. Recognizing the significance of Naval Station Mayport to the social and economic well-being of the City of Atlantic Beach, the Community Development Board reviewed the proposed amendments at its June 19, 2012 meeting, and found said amendments to be consistent with the stated goals, objectives, and policies of the adopted 2020 Comprehensive Plan, as well as the provisions of §163.3175 and §163.3177(6), Florida Statutes, and thereby recommends to the City Commission transmittal of the July 9,2012 regular meeting AGENDA ITEM#7A NOVEMBER 26,2012 proposed amendments to the Department of Economic Opportunity, Bureau of Community Planning and Development and other reviewing agencies as required. If the Commission concurs that the proposed amendments are substantially complete and ready to be transmitted, staff will forward transmittal packages to the Bureau and the other state agencies (listed below) for their review and comment. • Florida Department of Agriculture and Consumer Services • Florida Department of Education • Florida Department of Environmental Protection • Florida Department of State • Florida Department of Transportation • Florida Fish and Wildlife Conservation Commission • Naval Station Mayport • Northeast Florida Regional Council • St Johns River Water Management District The Bureau will issue a comment letter within 60 days of receipt of a complete transmittal package (30 days for other reviewing agencies), and the City will then have 180 days from receipt of agency comments to hold a public hearing for the purpose of adoption of the proposed amendments. RECOMENDATION: Motion to direct transmittal of proposed amendments to the adopted 2020 Comprehensive Plan in accordance with Chapter 163, Florida Statutes. ATTACHMENTS: Community Development Board minutes, draft text document and map. REVIEWED BY CITY MANAGER: AGENDA ITEM#7B NOVEMBER 26,2012 ORDINANCE NO. 5-12-57 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, ADDING A NEW RULE 28, BANNING TEXTING AND USE OF CELL PHONES AT CITY COMMISSION MEETINGS, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new rule in Sec. 2-19, to be numbered Rule 28, which rule shall read as follows: (28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic communications via cell phone or other device during the course of a city commission meeting. Electronic communications include, but are not limited to, emails, Blackberry PINS, SMS communications (text messaging), MMS communications (multimedia content), and instant messaging. City commissioners may have cell phones turned on during city commission meetings, to be used only in the event of an emergency. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 13th day of November 2012. PASSED by the City Commission on second and final reading this 26th day of November 2012. ATTEST: DONNA L.BARTLE, CMC LOUIS BORNO, JR. City Clerk Mayor,Presiding Officer Approved as to form and correctness: ALAN C.JENSEN,ESQUIRE City Attorney AGENDA ITEM#7C NOVEMBER 26,2012 ORDINANCE NO. 20-12-118 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 is amending the previous year's Operating Budget to reflect the final results of operations for the fiscal year ended September 30, 2012, and WHEREAS, cities are allowed to take up to 60 days from year end to adjust their budgets for items that are related to the previous year's budget. This adjustment only addresses one item in the General Fund. The legal budget was exceeded due to attorney's fees associated with unanticipated union negotiations towards the end of the year. The Police and General Pension Trust Funds are also amended to fund the benefits paid that exceeded the estimates for the year. These costs are more than off-set by additional revenues and were associated with more than anticipated employees deciding to retire or drop. 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: GENERAL FUND Expenses: Governing Body Legal Counsel Contract Services $13,451 City Administration City Manager Salary <13,451> Fund Balance $0 POLICE PENSION TRUST FUND Revenues: Investment Earnings $236,000 AGENDA ITEM#7C NOVEMBER 26,2012 Expenses: Benefits Paid 82,000 Fund Balance $154,000 GENERAL PENSION TRUST FUND Revenues: Investment Earnings $700,000 Expenses: Benefits Paid 18,500 Fund Balance _ $681,500 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 13th day of November 2012. Passed by the City Commission on second and final reading this day of November 2012. Mike Borno Mayor/Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen,Esquire Donna L. Bartle, CMC City Attorney City Clerk Ordinance No.2042-118 Page 2 of 2 AGENDA ITEM#8A NOVEMBER 26,2012 Atlantic Beach Police Department 3rd Quarter 2012 highlights The Police Department finished the fiscal year with two full time Officers dedicated to the Community Oriented Policing(COPS)program. The COPS officers have positive interaction with the community on a daily basis,conduct daily patrols on bicycles and visit the community centers to interact with the youth.Going forward,the department will still have one full time COPs officer whose salary is grant funded. FDOT responded to the department's request a few months ago to conduct an engineering study of the intersections along the state routes in the city.A preliminary report was recently provided for consideration.They concluded that there were no violations of FDOT criteria at these intersections. They did have a few suggestions that the city could consider and we are reviewing those. As previously reported,it is important to evaluate the pedestrian/bicycle safety issue from the perspective of each of the three E's,Engineering,Education and Enforcement. We are now focusing our efforts and the latter two. Staff has met with representatives from the Traffic Planning Organization(TPO)to discuss ideas for an educational campaign.They are conducting some telephone interviews with a sampling of the parties involved in Atlantic Beach accidents over the past couple years to obtain feedback and information on how to make traveling safer in our city. We have extensively analyzed the accident data and have determined a specific geographic area to conduct the first educational campaign. The TPO is creating the design work and the education/advertisement material.We plan to conduct the first campaign before the end of January. Staff is also researching crosswalk enhancements as a way to raise awareness of the motorists and pedestrians. The Atlantic Beach Police Department continues to have an exceptional emergency response time. The average emergency response time for July through September is 2 minutes,4 seconds. Crime The state wide semiannual Part I crime statistics have recently been published.The Atlantic Beach Police Department continues to have an extremely low per capita(1,000 residents)crime rate which is more than 21%below the state average. With one exception,Atlantic Beach has experienced a much larger drop in crime this year than the surrounding area or the state. AGENDA ITEM#8A NOVEMBER 26,2012 Location AB NB JB Jax Florida Per Capita 14.9 14.2 27.3 23.6 19.0 Crime Rate semiannual 2012 2011 17.7 18.7 27.7 23.3 19.9 2010 16.9 19.3 26.1 24.7 N/A After including the aid quarter crime stats,the year to date numbers in Atlantic Beach reveals a 22%drop from the same period in 2011.All Part I crimes have shown decreases from last year. We continue to track crime and crime trends in the Mayport Corridor. Part I crimes were down 27%which is just slightly higher than the city wide numbers.The violent crime in the corridor is down 53%(54 to 25)which is a dramatic decrease from last year. When reviewing the city wide violent crimes,it is quickly apparent that the Mayport Corridor has experienced a far greater decrease than the rest of the city. Traffic accidents were down 10%from last year,but up slightly from 2010.There have been 21 accidents involving pedestrians and bicyclists in the first 9 months of the year as compared to that same number in all of 2011. Productivity The police department had 16,557 calls for service through the third quarter of 2012,a decrease from last year.There were 687 arrests through the third quarter which represents an increase from the prior two years. The Crime Suppression Unit(CSU)continues to be very productive,making 82 arrests thus far.Their alcohol compliance details have resulted in three arrests. Animal Control handled 1753 calls which is comparable to last year.The number of animals impounded was almost identical as well.However,there was a 41%(220 to 129) decrease in citations issued this year caused by operating with a vacant position for several months. Personnel Currently the Police Department is fully staffed and there are no vacant positions. • AGENDA ITEM#8A NOVEMBER 26,2012 Training The Department is deeply committed to providing quality training to all its employees.In the third quarter of 2012,employees have attended training in the following topics: ® CONFIDENTIAL INFORMANT HANDLING ® DISPATCHER FTO PROGRAM e VICE OPERATIONS DECOY TRAINING ® ASSET FORFEITURE ® CMS CERTIFICATION COURSE o DEVELOPING YOUR EMOTIONAL INTELLIGENCE O CRIMINAL INVESTIGATIVE TECHNIQUES O PATROL RIFLE COURSE Advanced training keeps employees current and on the cutting edge of Public Safety techniques,trends and strategies. The Department believes a better trained employee results in the delivery of a higher quality of service. The above list does not include classes taken by the employees who are enrolled in various college degree programs. AGENDA ITEM#8A el ,r,, NOVEMBER 26,2012 0 01 Cl o 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 ecl \ \ o \ c c \ \ c \ o * o * 0 0 0 \ \ \ o O Co CO 0) CO '0 O NN co N CO d' C) LC) '- r r CO O O r n N N- Q) p� C O (C) t N N N r t M (E0 'ct" N O O CS- r' t N I I I 'a o ,` e) r 0. N p U C) CO ri (� CO CO CO ri •n N. 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W AGENDA ITEM# 10A NOVEMBER 26,2012 Atlantic Beach, Florida, Code of Ordinances Sec. 17-2. - Definitions and references to other chapters within this Code. Flag:A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of governmental, religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. This definition of flag shall not include the flag of the United States of America. Pennants:Any small, single flag-like piece of cloth, plastic or paper attached to any staff, cord, building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely; lacking the insignia of a flag. Sec. 17-42. -Prohibited signs and devices. The following signs and devices shall be prohibited within the City of Atlantic Beach. In the case of any conflict with other provisions of this Code, the prohibitions set forth below shall supersede such other conflicting provisions. (11) Pennants, ribbons, balloons, streamers, wind-operated devices and similar elements that are intended to draw attention to a business or activity, either when used alone or incorporated into a sign. AGENDA ITEM#10C CITY OF ATLANTIC BEACH NOVEMBER 26,2012 Board Member Review Committee (BMRC) Created by Resolution No. 05-04 on April 11, 2005; Amended by Resolution No. 06-03 on Feb. 13, 2006; Amended by Resolution No. 12-08 Total of Six Members (5 voting members & 1 non-voting member) Commissioner member- 1 year term-no term limit; Three Citizen Members- 2 year term- 2 term limit; Chairman of the board or committee for which vacancy is currently being considered; City Clerk-non voting member. NAME&ADDRESS POSITION/ BUSINESS HOME/CELL/ EXP. DATE EMAIL Jonathan Daugherty CHAIR (904) 859-2469 830 Hibiscus Street Commission Member Atlantic Beach,FL 32233 Regular Voting Member 15`Term exp. 12/1/12 Mitchell Reeves Citizen Member (904) 626-4318 1663 Sea Oats Drive Regular Voting Member (904)212-1137 fax Atlantic Beach,FL. 32233 1st Term exp. 3/27/13 Mereeves1663 @comcast.net Rita Pierce Citizen Member (904)241-1974 483 Aquatic Drive Regular Voting Member ritapiercel @hotmail.com Atlantic Beach,FL 32233 1st Term exp. 3/27/14 Jerry Johnson Citizen Member (904)372-7064 2322 Beachcomber Trail Regular Voting Member (904)923-7033 Atlantic Beach,FL 32233 15`Term exp. 5/14/14 Jhnsnjrry1654 @bellsouth.net Chairperson of Related Board Board/Committee Chair Varies Varies or Committee being addressed Voting Member No expiration Staff Liaison for Related Attends meeting to provide Varies Varies Board or Committee being information to applicants being addressed interviewed and to the BMRC members No expiration Donna Bartle City Clerk/Recording Secretary (904)247-5809 dbartle @coab.us (904)247-5846 Fax All Official Correspondence Should Be Mailed to: 800 Seminole Road Atlantic Beach,FL 32233 Email: dbartle @coab.us AGENDA ITEM#10C NOVEMBER 26,2012 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. WHEREAS,a Board Member Review Committee was created by the Mayor and Commission by Resolution 05-04 adopted on April 11,2005 and amended by Resolution 06-03 which was approved on February 13,2006,to review applications and make recommendations for the appointment and reappointment of members to the city's Boards and Committees, and WHEREAS, it is desirable to replace the City Manager as a member on this Committee with another citizen member. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows; SECTION 1. Creation: Resolutions 05-04 and 06-03 of the City of Atlantic Beach creating and amending the BOARD MEMBER REVIEW COMMITTEE shall be further amended as follows. SECTION 2. Purpose: The purpose of the Board Member Review Committee is to encourage citizens to apply to serve on the city's boards and committees including requesting applicants to consider other boards or committees than those that they originally applied for,to review and consider available applications when vacancies occur,to consider recommending existing board and committee members to an additional term and to make recommendations to the Mayor as to which applicants to appoint to fill those vacancies. SECTION 3. Membership: There will be a total of six (6)members on this Committee. The first member will be one of the sitting City Commissioners,who shall serve as chairman of the Committee, shall serve a one-year term and will be eligible for additional terms. Each one-year term for the Commissioner shall begin on December 1St.This member shall be appointed by the Mayor and be subject to the approval of the commission.The second,third,and fourth members shall be citizens of Atlantic Beach. They will be appointed by the Mayor subject to approval of the commission. The citizen members shall have backgrounds or experience in committee work or human resources. The citizen appointments shall serve two-year terms which will be staggered and be eligible to serve a second two-year term. The fifth member will be the chairman of the board or committee for which vacancy or re-appointment is currently being considered. They shall serve only for those meetings where membership on their board or committee is being considered. The City Clerk shall serve as a non-voting member and perform all necessary administrative duties. SECTION 4. Duties and Responsibilities (a) Review available applications for vacancies on city boards and committees and interview applicants as the Committee determines necessary to make informed recommendations. (b) Receive input on the needs of the boards and committees that have vacancies for consideration as to the geographical,professional and philosophical balances needed so that each of those boards and committees can successfully accomplish their intended purposes established by the Mayor and Commission. AGENDA ITEM# 10C NOVEMBER 26,2012 (c) When a reappointment is being considered, solicit and receive input from the Chairman, members or the staff liaison of the board or committee where the vacancy has occurred,or others on the appointee's past record of service including, but not limited to, attendance,preparation and overall contribution to the board or committee. (d) Make recommendation(s)to the Mayor on appointments or reappointments to the city's boards and committees as set forth in the Charter of the City of Atlantic Beach. Recommendations shall be in the form of committee minutes along with copies of any applications of all candidates interviewed. (e)Make additional recommendations for membership if the Mayor does not approve the original recommendation for appointment. SECTION 5. Meetings and Notice: The meetings of this Board Member Review Committee shall be set at regular times and will be open to the public as well as to the other city elected officials although non-members of the Board Member Review Committee shall only observe and not be active participants in the meeting. A notice of meetings shall be provided in accordance with state law. Additionally, copies of the applications for appointment shall be transmitted to the Mayor and Commission prior to any meetings where interviews will be conducted and in the city commission agenda packet. SECTION 6. Effective date: This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this 9 ' day of Ap r i I , 2012. ATTEST: 00.4: v1SL/we. DONNA L. BARTLE MIKE BORNO City Clerk Mayor Approved as o form and correctness: A A NSEN, ESQUIRE City,' •rney Resolution No. 12-08 Page 2 of 2