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2-28-11 v MINUTES REGULAR CITY COMMISSION MEETING February 28, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of February 14, 2011. Commissioner Parsons stated the reference to Darnell Cookman under his comment in Item 10 should be corrected to state Douglas Anderson. Motion: Approve the minutes of the Regular Commission Meeting of February 14, 2011, as corrected. Moved by Daugherty, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Proclamation for National Invasive Species Awareness Week. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Mayor Borno read the Proclamation in its entirety, proclaiming the week of February 26 through March 6 as National Invasive Species Awareness Week and encouraged the citizens to participate in the Great Air Potato Roundup on Saturday, March 5, 2011. He presented the proclamation to Barbara Jackson, President of the Florida Native Plant Society, Ixia Chapter, stating he appreciated her bringing this to the Commission's attention. Carol Higley, 21 West Church Street, representing JEA, stated since the last Commission meeting JEA has been investigating the proposed construction bond requirement and requested a deferral of Ordinance No. 65 -11 -37 to work further with Mr. Hanson and Mr. Carper regarding getting some of the questions answered in order to serve the citizens of Atlantic Beach. Mayor Borno asked if she was requesting a deferral to the next meeting. Mr. Higley stated she is not sure that will be enough time. February 28, 2011 REGULAR COMMISSION MEETING Page 2 She stated they have been working on this since Tuesday, February 15, and although they have collected some data from both the engineering group as well as the transition and distribution group, they would like to meet with Mr. Carper and Mr. Hanson to get a better idea of how long it might take to work through some of the unresolved questions. Mayor Borno stated they will discuss this when they get to Item 7A and he appreciated her input and request for deferral. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow - up Report. Meeting At the request of Mayor Borno, Mr. Hanson reported on an email received from Councilman Dick Brown regarding the Ethics Bill. He read a portion of the email as follows: "My reference to the paying for a share of an ethics organization would likely be a subject of discussions as Jacksonville reviews the inter -local agreements this year, if the beach cities requested to be under the county's ethics regulation. The pending review of the beaches inter -local agreement by the council auditor has the potential of raising taxes for our communities. I felt it was important to remind the public that any new service requested could come with a price tag." Commissioner Woods stated as she had the ethics issue placed on the February 14 agenda and, per their request, postponed the discussion until tonight's meeting and since this issue was discussed at this earlier meeting, she believes it should be considered business from a previous meeting and asked that Resolution No. 11 -18 be taken up at this time. Commissioner Fletcher stated nobody asked for a resolution to be put on the agenda at the meeting of January 28. He stated, although it is follow -up business, they postponed discussion on this issue but did not postpone putting a resolution on the agenda. Mayor Borno stated the question comes down to which resolution was submitted to the City Manager and asked Mr. Hanson to explain which resolution was received when. Mr. Hanson explained the resolutions are in the order they were received. He stated the first resolution received was from Commissioner Fletcher. He stated the City Clerk received what was in the format of a staff report from Commissioner Woods two weeks ago, but the final copy of the resolution was submitted the same day the agenda package came out. Mayor Borno stated that is the reason they are on the agenda as 6A and 6B. Commissioner Woods stated she understands when the resolutions came in, but that was not her point. She stated her point was that she had brought up the ethics issue to be on the agenda first. Commissioner Daugherty stated he believed they should hear Resolution 11 -18 first because Commissioner Woods had mentioned at the meeting of January 28 that she wanted the issue on the agenda first and because they are competing resolutions. Mayor Borno stated he will stand that they will follow the agenda and discuss the resolution under Item 6A first and 6B second. Consent Agenda 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 February 28, 2011 REGULAR COMMISSION MEETING Page 3 SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Financial Report for January 2011. B. Award the contract to Tom's Asphalt Repairs, Inc. for three years starting March 1, 2011. This is a 0.6% increase over the fiscal year 07 -08 bid price. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A & B as read. Moved by Parsons, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 11 -17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE CONTINUED HOME RULE AUTHORITY OF ATLANTIC BEACH, SUPPORTING A CLARIFICATION TO BILL J -6 AUTHORIZING THE ESTABLISHMENT OF AN ETHICS CODE AND ETHICS COMMISSION BY THE CITY OF JACKSONVILLE, SPECIFYING THAT ATLANTIC BEACH WILL NOT BE UNDER THE CONTROL OF JACKSONVILLE'S ETHICS CODE AND COMMISSION BUT SHALL BE GOVERNED BY ITS OWN CODE OF ETHICS POLICY AND THE CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES AS SET FORTH IN CHAPTER 112, FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. (Fletcher) Mayor Borno read Resolution No. 11 -17 by title. Motion: Approve Resolution No. 11 -17 as read. Moved by Parsons, Seconded by Fletcher. Commissioner Fletcher stated we need to concentrate on strengthening home rule and do not need to be asking other cities to incorporate us into their charter amendments. He stated we can govern ourselves and are already governed by the Florida Commission on Ethics so there is no point in us incurring extra cost to the taxpayer, as well as abrogating our authority as a charter city to another charter city to dictate this to us. February 28, 2011 REGULAR COMMISSION MEETING Pace 4 Commissioner Parsons stated, as someone who has been falsely accused of ethics violations and the ordeal he has gone through in the past, there is no need for anymore protection from what Jacksonville can provide to us. He stated he agrees with Commissioner Fletcher that we are governed by the State of Florida and also our own and have an Interlocal agreement and do not need Jacksonville's ethics on top of ours. He stated, as Councilman Brown wrote, we should also be aware it could come with some financial strings to it. He stated he agrees with Commissioner Fletcher and how he has the resolution written. Commissioner Woods presented a video from Santa Clara University Department on Ethics in Government and asked that it be used in consideration of their discussion. Following the video presentation, Commissioner Woods stated she wanted everyone to watch the video because she believes there is a lot of misunderstanding about what ethics is and a lot of people believe it is a witch hunt with citizens calling in reporting all kinds of crazy things and having to defend yourself. She stated that is really not it; a large part of the Duval County ethics is education and prevention. She stated she totally understands home rule and agrees we need to support it in every way possible, but does not see how these two issues are mutually exclusive. She stated she believes there are very simple remedies out there for us to strengthen our ethics education, the City's accountability to its citizens and still maintain our home rule. Mayor Borno stated this resolution addresses staying under home rule and that we operate under Chapter 112. He stated he appreciates the video Commissioner Woods presented but does not understand what she was inferring. He stated he doesn't understand the value of the video. Commissioner Woods stated the value of the video was educational so everyone understood what the ethics issue is. She stated a lot of people misunderstand what it can be. Discussion ensued about the J -6 bill. Commissioner Fletcher stated Atlantic Beach has an opportunity to take a leadership position on this issue by passing a resolution that strengthens home rule. He stated they are not discussing ethics right now; they are talking about home rule. He stated the best message we can send to our sister cities in this county is that we are not going to be beholden to Jacksonville, nor subscribe to a Duval County Commission on Ethics that duplicates 99% of what Chapter 112 provides and the Florida Commission on Ethics. Commissioner Woods stated the issue is ethics and while we don't have to go with the Jacksonville Commission, we do have to discuss the ethics issue. Commissioner Parsons stated he was trying to make it clear that anybody at anytime can pull something ethically against any one of them, whether warranted or not, frivolous or not, and there is nothing they can do about it. He stated you have to go through the ordeal he and his family went through, which was no fun and completely unfounded. He stated to say people need a tool to do this, trust him, it's happening. Commissioner Daugherty stated he doesn't see a point in having our own ethics commission because we are covered under State oversight. He stated he supports this resolution but asked to amend the language in Section 3 to add "should" after Atlantic February 28, 2011 REGULAR COMMISSION MEETING Page 5 Beach, because the way it is currently worded is saying that they do it. Commissioner Fletcher stated he would support that wording. Motion: Amend Resolution No. 11 -17 to add "should" after Atlantic Beach in the second line of Section 3. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno asked City Attorney if Jacksonville has taken action on bill J -6. City Attorney Alan Jensen explained Jacksonville passed J -6 last fall, it is now at the Duval Delegation to be acted on by the State Legislature as a Charter Amendment. He stated if it is approved by the State Legislature it comes back to the City of Jacksonville and they will have to pass an Ordinance implementing that Charter Amendment. He stated nobody knows what is going to be in that ordinance yet, who they are going to be answerable to, or who is going to have authority over the Commission on Ethics because that legislation is a year to a year and a half away, as he understands it. He stated he has spoken to Jacksonville General Counsel and the Ethics Officer with the General Counsel and they have both stated this bill J -6 is not intended at all to apply to the beaches. Mayor Borno stated they all work very hard knowing they are under the daily scrutiny of the public, even in their daily lives, but they willingly accepted that when they took the oath of office. Motion: Approved Resolution No. 11 -17, as amended. Moved by Parsons, Seconded by Fletcher Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. Resolution No. 11 -18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING ATLANTIC BEACH'S SUPPORT OF THE DUVAL DELEGATION 2011 BILL J -6 RELATING TO ETHICS TRANSPARENCY APPLYING IN ITS ENTIRETY TO THE CITY OF ATLANTIC BEACH WITH THE EXCEPTION THAT; IN ORDER TO PRESERVE ATLANTIC BEACH'S HOME RULE AS AN INDEPENDENT MUNICIPALITY THE CITY OF ATLANTIC BEACH MAY ADOPT A SEPARATE CODE OF ETHICS FOR THE CITY OF ATLANTIC BEACH THAT WOULD SUPERSEDE THE CODE OF ETHICS ADOPTED FOR THE CITY OF JACKSONVILLE OR ANY OTHER INDEPENDENT MUNICIPALITY WITHIN THE COUNTY OF DUVAL. (Woods) February 28, 2011 REGULAR COMMISSION MEETING Pate 6 Commissioner Woods withdrew this resolution. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 65-11-37, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAY WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno stated it was requested by the JEA representative that we defer Ordinance No. 65- 11 -37. Mr. Hanson suggested that they defer to the second meeting of March 28 to give time to work through the language. He stated if the City Attorney believes they have made a drastic enough change they will put it back to first reading. Ms. Higley stated that would be sufficient time for JEA. Commissioner Fletcher explained we do not need surety /construction/payment and performance bonds; we are more concerned with restoration of the right -of -way and believes they need to get together to discuss. He stated a true surety bond does not operate in the context of the relationship that JEA has with Atlantic Beach. He stated if they were hired by us to complete a project then we would bond it. He stated that is the only way a payment and performance bond works. He stated what we would require is a restoration or right -of -way bond because they are not a subcontractor to Atlantic Beach. Mayor Borno stated since this was advertised as a Public Hearing he would open the Public Hearing. He read the Ordinance by title. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Daugherty asked what the emergency provision was Ms. Higley referred to. Ms. Higley stated that would be customers being out of power. She stated the intent was if the customer was out of power there was an exemption from permit. Mr. Carper stated that was something he discussed when the ordinance came before the Commission for first reading. He stated for work to restore service to an existing customer the City would not require a permit. He stated that is the way we do business today but it doesn't state that in the draft ordinance. Commissioner Daugherty stated they talked at the last meeting about having a standing bond for a situation like that and asked Ms. Higley, when she goes back, to mention it to her people and see what they would think about that. Motion: Defer Ordinance No. 65 -11 -37 to March 28, 2011. Moved by Fletcher, Seconded by Daugherty. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED February 28, 2011 REGULAR COMMISSION MEETING Pace 7 B. ORDINANCE NO. 20-11-108, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. Mayor Borno read Ordinance No. 20 -11 -108 by title. Motion: Approve Ordinance No. 20 -11 -108 as read. Moved by Fletcher, Seconded by Parsons. (Commissioner Parsons left the meeting at 6:47 p.m.) Mayor Borno opened the Public Hearing. He explained the Ordinance. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Police Department 2010 Annual Report. Chief Mike Classey summarized the highlights of the 2010 Annual Report for the Police Department. (Commissioner Parsons returned at 6:49 p.m.) Commissioner Woods stated this report is very encouraging and stated they have fulfilled their hopes for the Mayport Corridor Redevelopment results as far as crime goes. She stated she noticed there is still a decrease in the crime numbers and asked if there is still room for improvement. Chief Classey stated the amount of reduction that first year was well beyond any expectation he ever had and was very cautiously optimistic we could even maintain that level of reduction, so he was pleased we were able to. He stated there are many different factors that go into why crime occurs. He stated if further reductions are realized it will probably be caused by a factor other than law enforcement. Commissioner Woods stated they have done a great job. Commissioner Fletcher asked how the 28% clearance rate compares with other jurisdictions. Chief Classey stated it varies but is typically in the upper teens /lower 20s. City Manager Hanson pointed out that the police emergency response time is less than 2 minutes, stating the Police Department deserves our appreciation. Commissioner Daugherty asked if there is any way the 911 system can direct calls to the Atlantic Beach dispatch when the caller is in Atlantic Beach. Chief Classey stated February 28, 2011 REGULAR COMMISSION MEETING Page 8 cell phone calls are based on whatever tower the phone is on, but land lines are programmed into the system to ring into whatever jurisdiction the phone is in. B. Authorization to award Additive Alternate No. 1 — Blower to WPC Industrial Contractors, LLC in the amount of $129,000 per Bid No. 1011 -01. Approve Change Order No. 1 for Electrical Control Panel Installation for the blower in the amount of $29,440 for Bid No. 1011 -01. Authorize the City Manager to sign Additive Alternate No. 1 and Change Order No. 1. Public Utilities Director Donna Kaluzniak summarized her staff report. She stated the reason they are requesting the additive and change order for the electrical control panel at this time is because the pricing for both will be going up pretty dramatically. She explained by awarding these both at this time will allow us to have the same contractor installing the equipment that is doing the main project and they will be able to use the new blower for their existing sludge treatment, resulting in cost savings over using the two existing, inefficient blowers. Commissioner Daugherty asked if we anticipate any more Change Orders. Ms. Kaluzniak explained the additive alternates were part of the bid. She stated the change order is actually a change order but they will pay less for the entire installation, plus equipment, than if they did it later for just the equipment alone. She stated they don't anticipate change orders but there is always the possibility with WPC doing the work on the plant they might find something that wasn't there, even though they did quite a lot of preliminary investigation during the planning and design process. She explained they did a lot of soft digs where they actually dug up existing utilities and verified their location and depth, etc. which should help us avoid the change orders. Mayor Borno asked if, with the third blower being operational, that gives us cross - connect capabilities between blowers. Ms. Kaluzniak stated yes, explaining they are also putting an additional valve in so they can switch blowers between sludge treatment and process treatment as well, which will be a very efficient process when completed. Motion: Approve award of Additive Alternate No. 1 — Blower to WPC Industrial Contractors, LLC in the amount of $129,000 per Bid No. 1011 -01. Approve Change Order No. 1 for Electrical Control Panel Installation for the blower in the amount of $29,440 for Bid No. 1011 -01. Authorize the City Manager to sign Additive Alternate No. 1 and Change Order No. 1. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED C. Authorization to award the contract for construction of the Beaches Veterans Memorial Park stage to Michael G. Holder Inc. Staff also recommends the Commission allow use of remaining funds for sod purchase as discussed above and for architectural and engineering services for design of the Chaplains Memorial Garden, Phase 2 of the Beaches Veterans Memorial Park. February 28, 2011 REGULAR COMMISSION MEETING Page 10 project. She stated she asked Mr. Candler what kind of support he thought he would need from the City and he didn't think it would be very much time, maybe 10 hours at the most. She stated they thought it might be a good project to start their relationship on and it would be a benefit to both their organizations. She stated she will get that information to the Commission for them to consider. Mr. Hanson stated that it is entirely out of line for any Commissioner to be setting up an internship and providing that level of details. He stated that is something that should be done by City staff and if she wants to refer them to him, he will be glad to speak with them, but he believes it is out of line for her to be setting up the details of an internship. He stated it is like hiring a City employee and he does not believe the City Commission should be doing that. Commissioner Woods stated that was why she clarified the word internship. She stated she is not sure that is the correct word for it. She stated the way Mr. Candler spoke about it, it's more of a thesis study project that he would like to come and interview and talk with us. She stated she is not sure it is out of line for Commissioners to engage with the community and she certainly has not set up any finalized structure for what is going on, she has brought it to them and talked about it every step of the way. She stated that is why she brought it up tonight, to get input. She told the City Manager she does not believe it is his place to chastise her like that, but thanked him for his input. She stated she will be bringing it up in the future and they can decide how they want to approach it together. Mayor Borno stated she mentioned it came out of strategic planning and anything they have in strategic planning is always up to staff to turn around and do the contact studies, etc., so he would like Commissioner Woods to give staff the opportunity because there will be a lot of input from other areas that will be involved in this. He stated he has an interest in seeing something come about if it is viable, but it needs to be researched as we proceed. Commissioner Woods agreed, stating that was what she tried to say and she was sorry if it didn't come out that way. Commissioner Fletcher • Commended Commissioner Woods for investigating this but agrees that in terms of hiring people to work for the City or doing internships, it really does need to be directed from the staff. Commissioner Daugherty • Supports the use of interns for the City and believes it can be a valuable resource. • Asked the City Manager to prepare a report on the progress of the Dog Park. He also asked if they were going to put down sod anytime soon as the last time he was out there it was kind of muddy. • Stated he is pursuing more DUI enforcement in our City, stating he wants to write letters to State Legislature as a Commissioner to try to get some additional funding and wanted to ask for the Commission's blessing. • Stated the Commission Budget is approximately $4,000 for travel and expenses and there is an upcoming Legislative Action Day in Tallahassee that they have a Commissioner going to as well as the Mayor. He stated he is concerned, based on some past experiences, that we won't have a united voice in Tallahassee. He stated he believes the Mayor is the one who should be February 28, 2011 REGULAR COMMISSION MEETING Page 11 representing our City in these situations. He stated he wants to look at the method of getting approval for travel at the next meeting and will be suggesting that over a certain amount be approved by the Commission. Commissioner Woods stated she brought up at Strategic Planning that the Commission come up with a resolution for them to bring to the legislature just to avoid that problem and would encourage Commissioner Daugherty to get with staff and develop a resolution for them to take. Commissioner Daugherty asked the Mayor to explain the procedures at the Legislative Action Day, which he did. Commissioner Woods encouraged Commissioner Daugherty to come along, stating it is a good experience. Mayor Borno • Asked the Commission to think about forgiveness and he read a statement on forgiveness. • Read the Oath of Office to remind the Commission they have responsibilities to that oath in their daily lives and in anything that pertains to their title. He stated when he went downtown to City Hall to speak about Atlantic Beach and the right of home rule in front of the legislative delegation from Tallahassee, he did that under the responsibilities of an oath he swore to uphold his charter. He stated he does not like being challenged and told Commissioner Woods to not ever challenge him in public forum when he is upholding his Commissioner's and Mayor's duties. Commissioner Woods stated she needed to reply to that. Mayor Borno called her out of order telling her she did not have the floor. Commissioner Woods stated she did need to reply to that. Mayor Borno called her out of order again and told her again she did not have the floor. She stated the meeting has ended and she can say whatever she wanted. Mayor Borno stated the meeting has not ended and she cannot say anything she wants. Commissioner Woods stated she can. Mayor Borno stated she could not. Commissioner Woods stated she can, sure she can. Mayor Borno asked her if she was going to make her own rules again. Commissioner Woods stated to Mayor Borno, you are nuts. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:34 p.m. fi 64 Mike Borno, Mayor/Presiding Officer ATTEST: aw or Donna L. Bartle, CMC City Clerk