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7-25-11 v MINUTES REGULAR CITY COMMISSION MEETING July 25, 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. Commissioner Fletcher 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 July 11, 2011. Motion: Approve the minutes of the Regular Commission Meeting of July 11, 2011, as written. Moved by Parsons, Seconded by Fletcher. Commissioner Woods stated in the minutes related to her conversation with the City Attorney concerning the hiring of John Dickinson to help with legal issues, Mr. Jensen said when we need the services of an outside attorney, under the Charter and Code he can recommend who that would be and get them on board. She stated she could not find that in the Charter and Code and asked that Mr. Jensen clarify for the record where that can be found. Commissioner Fletcher asked if she was making an amendment to the minutes or is this an item for discussion during Commissioner comments. Commissioner Woods stated she was hoping it could be clarified in the minutes since it was an issue about Sunshine Law. Commissioner Fletcher stated Sunshine Law governs communication between members of the same elected body; it has nothing to do with the appointed City Attorney. He suggested that this is not a question of whether the minutes are correct in form and fashion but if she wants to discuss this it can be brought up at the end of the meeting. Mayor Borno agreed. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 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. Debbie Ramsey, 803 6 Avenue N., Jacksonville Beach, addressed the Commission regarding the health insurance, stating she has been an employee since September 2000 and this is the third year where we have no pay increases projected. She stated our current health care costs are very high and the employees cannot afford either increases to premiums and /or increases to out -of- pockets or deductibles. She related a personal experience with our health insurance which has already cost her over $4,000 out of July 25, 2011 REGULAR COMMISSION MEETING Paze 2 pocket, with more costs to come. She stated it is very difficult for her to afford these premiums and costs and she makes more than a lot of the people employed with the City. She asked the Commission to keep the insurance as it is and have the City pick up 100% of the increase. Kenneth Wise, 66 W. 7 Street, addressed the Commission regarding adding a 12 x 12 addition to the back of his house which was rejected by the City. He stated his family has outgrown the house. He had plans drawn up and a survey done but then his builder received an email from the City stating Section 24 -88(c) prohibits any new construction on a home /town house dwelling. He stated his house is joined in the back by a storage shed. He stated he believes this is very unfair and showed pictures of a house two doors down from him that has a permanent structure built on to their home. He stated he has been here since 1986 but, due to their circumstances, they will have to move unless they can have this addition put on their home. He requested the Commission look into this and get back with him. Mayor Borno stated they will have staff get back to him. Maria Mark, 1148 Linkside Drive, addressed Item 8B, approval for the funds to improve the baseball fields at Donner Park, stating she wanted to show her support for that expenditure and believes that would be a great improvement for that park. She stated the City has already done a great job in bringing in some of the other amenities for the residents to enjoy over there and it would allow our Atlantic Beach Athletic Association to actually utilize that park and could give us a second venue because we are pretty well built out at Russell Park. She stated it would allow us to have more tournaments and expose Atlantic Beach and the quality of our baseball players. She stated she hoped the Commission would approve that expenditure. Secondly, she congratulated the Mayor and two Commissioners up for re- election and hoped they were having as much fun as she was in this campaign. Brittany Norris, 1304 Main St., and Jade Carlin, 1700 Selva Marina Drive, representing the Dutton Island Gardeners partnered with Beaches Habitat, thanked the Commission for allowing them to use the property for their endeavor to build a community garden and updated them on the garden. They stated they also want to provide educational opportunities to the families living over there and teach them how to grow their own food. Ofer Kooba, 675 Atlantic Blvd., expressed his concern regarding the sign ordinance, which doesn't allow any signs to be on a post in the business corridor, and asked for help from the Commission. He asked how can it be right for the City to tell people who have an existing permitted lawful sign that their sign is unlawful. He stated he does not know how such an ordinance can be enforced. He asked that those signs that were previously permitted be grandfathered in. He also discussed the safety issue a lower sign will create because of blind spots for pedestrians and drivers. He stated the Commission is always telling them how they want to help the businesses in town, so he is trying to seek their help, because, with the economic downturn, he cannot afford the estimate of $10,000- $15,000 for the sign to be removed and re- erected with a monument style. Mayor Borno stated they would get back to him. July 25, 2011 REGULAR COMMISSION MEETING Page 3 Patty Drake, 2130 Rosewood Drive, Neptune Beach, addressed Item 8C, health insurance, stating she has been an employee since October 2005 and each year our health insurance has gotten more expensive, as far as premiums and deductibles, and our co -pays have gotten much higher. She stated keeping things the way they are is not the best situation but it is better than going into something that is going to be more costly for us. She stated she keeps hearing about budget cuts, yet we recently approved the Tideviews boardwalk extension for $72,000 over the budget. She asked how was that possible when the employees, each year, have to stand in front of you and fight for something for ourselves. She stated one of the Commissioners, Jonathan Daugherty, in the July 12 meeting at Adele Grage mentioned that he was elected for the citizens and not for the employees but there are several citizens who actually work for the City, so maybe that is a conflict. She stated you have to look at the employees and you have to look at citizens because the employees are working for the citizens as well. Jeri Benjamin, 800 Seminole Road, addressed the employee health insurance stating she has been working with the City for 17 years and last year, to keep the premiums down, the City really reduced the benefits for the employees making it almost hard to go to the doctor anymore. She stated a statement was made at the workshop that not a lot of people have complained to Mr. Polovina, which is totally untrue. She stated employees constantly have to figure out whether they can afford to go to the doctor to get a test and spend an inordinate amount of time evaluating what is available. She stated they are second guessing their doctors all the time. She stated, although they have a Health Maintenance — HMO, they can't maintain their health if they can't afford to go. She further stated government is a service industry and you really have to balance the citizens with the employees because we are the ones providing the services to your citizens and if we aren't taken care of it is kind of hard for us to provide a good product to your citizens. She stated healthcare is really important to our employees and she just hopes it can be affordable. Eric Ordonez, 800 Zeagler Drive, Palatka, addressed the Commission regarding the use -by- exception for Flagler Diagnostic and Sleeping Disorder Center for the purpose of relocating their lab to Mayport. He stated they are relocating because they were contacted by several members of the base regarding a backlog of sleep studies for military personnel. He stated NAS is unable to handle the backlog. He explained the sleep studies are important for the military in the treatment of post traumatic stress disorders, night terrors and seizures specific to exposure to wartime or hostile environments. 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 None. 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 July 25, 2011 REGULAR COMMISSION MEETING Page 4 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 June 2011, the Recreation Programs and Special Events Report for July 2011 and the Public Works and Utility Departments Project Status Report on July 15, 2011. B. Award the annual contract for HTH for Water and Wastewater Treatment Plants (Bid No. 1011 -17) to Allied Universal in the amount of $134 per 100 pound container. C. Award the annual contract for Sulfur Dioxide for Wastewater Treatment Plants (Bid No. 1011 -18) to Allied Universal at the bid price of $695 per ton. D. Extend the annual contract for Electrical Motor and Pump Repairs (Bid No. 0910 -11) for one additional year to Specialty Marine, Inc. at the current contract prices. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B, C, and D as read. Moved by Parsons, Seconded by Woods. 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 None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95 -11 -103, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13, OFFENSES, BY ADDING A NEW SECTION 13 -14, PROHIBITING SELF - SERVICE DISPLAY AND PLACEMENT OF TOBACCO PRODUCTS; PROVIDING FOR A TITLE; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION. Mayor Borno read Ordinance No. 95 -11 -103 by title. July 25, 2011 REGULAR COMMISSION MEETING Page 5 Motion: Approve Ordinance No. 95 -11 -103 as read. Moved by Woods, Seconded by Daugherty. Mayor Borno opened the Public Hearing. No one in the audience spoke so he closed the Public Hearing. Commissioner Woods stated she believes this is a good ordinance and appreciates Commissioner Daugherty taking the initiative in bringing this forward. Mayor Borno stated he has noticed since the first reading all of those products have disappeared and gone back behind the counter in a lot of the convenience stores. Commissioner Fletcher asked if this will affect the tobacco shop that is in the space next to where the Publix used to be. Mayor Borno stated that was not the intent of this ordinance. Commissioner Parsons thanked Mr. Harrington for his persistence on this. Commissioner Daugherty stated he was glad we were able to do this. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. (Public Hearing) UBE- 2011 -02, request from Oleg Cheberko and Eric Ordonez, d /b /a Flagler Diagnostic & Sleeping Disorder Center for a use -by- exception to permit a healthcare service provider of diagnostic testing services consistent with Section 24- 109(d)(3) and the definition of a hospital, to be located within the Commercial Professional Office (CPO) zoning district at 645 Mayport Road, Suite 2. Erika Hall summarized the use -by- exception, stating the reason it was needed was because it requires overnight testing, which falls under a hospital. She explained they are currently located in Palatka and are relocating because there is a federal moratorium because of a Medicare audit, whereby they are allowed to move but cannot start a new business. Motion: Approve UBE- 2011 -02, a request for use -by- exception by Oleg Cheberko and Eric Ordonez, d /b /a Flagler Diagnostic & Sleeping Disorder Center, to permit a healthcare service provider that conducts diagnostic testing services consistent with Section 24- 109(d)(3) and the definition of a hospital, limited to ten (10) beds, to be located within the Commercial Professional Office zoning district at 645 Mayport Road, Suite 2. Moved by Woods, Seconded by Parsons. July 25, 2011 REGULAR COMMISSION MEETING Page 6 Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the public hearing. Commissioner Fletcher asked if there is a medical director /doctor. Mr. Ordonez stated yes they have a board certified doctor. Commissioner Parsons stated anytime we can bring new business into Atlantic Beach it is a great thing, especially in the medical field. He stated since the Community Development Board had no problem with it he doesn't see why the Commission should either. Commissioner Woods asked what the reason was for the 10 -bed limit. Ms. Hall stated she believes because it is in commercial /professional office zone they wanted to make sure it didn't grow beyond the existing intensity. She stated that strip is the one which fronts what used to be residential that was changed in the 1980s to a commercial zone, so there is a lot of residential behind it. Commissioner Woods asked if the space they are using for the 10 beds is the entire building. Ms. Hall stated no. She further explained they don't foresee getting to 10 beds for awhile but if they needed more they could come back and amend. Discussion ensued. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. Approval of bid for Baseball Field Reconstruction and Grass Infield Installation. Tim Gilboy summarized the staff report, showing a slide of the area to be reconstructed. He stated this is an ongoing effort to try to enhance activities as well as esthetics and usage in Donner Park. He stated as part of that they have gotten together with ABAA who, if they can get this field redone to a level that is adequate, will bring this field into their services. Motion: Award and authorize the City Manager to sign the contract for Donner Park Baseball Field Reconstruction to Jacksonville Eighteen Construction Inc., for the Lump Sum Base Bid of $40,768.72 with a 10% Contingency of $4,076.87 on a separate Purchase Order. Based on funding and costs, Additive Alternate A is not recommended for approval. Moved by Fletcher, Seconded by Parsons. Discussion ensued and Mr. Gilboy answered several questions from the Commission. Assistant City Manager David Thompson also explained future uses for CDBG money. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED July 25, 2011 REGULAR COMMISSION MEETING Pale 7 C. Decision on Employee Health Insurance Plan and Cost Sharing. Commissioner Fletcher stated he would like to defer making a decision on this until August 8 to give the City Manager and Human Resource Manager time to review a couple of other alternatives on this plan. Motion: Defer to August 8. Moved by Fletcher, Seconded by Borno Commissioner Fletcher stated he took the census and all the other information, including the loss figures, and ran it by another insurance broker who said they thought they could do something. He presented that to the City Manager today and believes we owe it to the employees and the City to try to do better if we can. Commissioner Parsons stated he is for the employees. He stated we have some money in the contingency plan. He stated we have a $29 million budget and $10 million of that is in the General Fund, which has a $4.8 million contingency, which is not 25% but is about 40 %. He stated there is money in the contingency plan to let the employees off altogether and hopes this is one of the things that has been offered to this new insurance company. He stated he wants to look at a zero number the next time too, for the employees. Commissioner Fletcher stated, if they can advance this initiative, there will be some hard number to look at between now and August 8. Human Resource Manager George Foster stated, looking at what was just given to him, he has some questions on some of the rates. He stated he needs the broker of these proposals to get with him as soon as possible, because he only has a week to get a staff report up and get an alternate proposal back to the Commission. Commissioner Fletcher stated the broker will call him at 8:00 tomorrow morning. Mr. Foster stated he will need to sit down and analyze it but if these rates are valid and there is decent coverage then we would be remiss not to take that extra 2 weeks. Commissioner Woods stated she was concerned that if Mr. Foster realizes there are some underlying issues and this is not going to work, should they still put this off for two weeks or should they plan a workshop in a week. Mr. Foster stated the Commission could make a tentative decision tonight on the data they have and give him the go ahead to evaluate this and he will get back to the Commission in two weeks. He stated whatever insurance company they pick, they have to notify them, get contracts done, get employee handouts, brochures, etc. He stated with this possible proposal, he believes it is in the best interest of everybody that we defer two weeks and he will get back with the Commission after looking at this. He stated that is putting us farther down the road than he wants to go. Commission Woods stated that was why she was wondering if we should only postpone it for a week and have a special meeting to make the decision or if two weeks are fine. Mr. Foster stated we can get it done in two weeks. Mr. Hanson stated if we get in a jam it is possible to call a special meeting with 24 hours notice. He stated this was presented to staff late this afternoon and George Foster was out at a mediation and did not see it until five minutes before the Commission meeting started. Commissioner Daugherty stated there are no good decisions to make. He stated as far as the employees go, he empathizes. July 25, 2011 REGULAR COMMISSION MEETING Page 8 Mayor Borno stated their job is to find the best for both sides and they are fully aware of the burden that has been placed over the last couple of years. He stated they will work at this diligently to protect the taxpayers as well as the employees. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. None. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners A. Appointments to the Code Enforcement Board and Community Development City Attorney Board. Commissioner Fletcher explained the Board Member Review Committee met to fill two vacancies on the Code Enforcement Board and one on the Community Development Board. He stated the Committee recommended reappointing Juliette Hagist to the Code Enforcement Board and appointing alternate Ian Luthringer to serve as a regular member on the Code Enforcement Board. They also recommended appointing Ben de Luna to serve as the alternate, taking Mr. Luthringer's spot. He stated for the Community Development Board they recommended Pat Stratton to fill the unexpired term of Ellen Glasser, effective immediately. He proposed adopting the recommendations of the Board Member Review Committee in one motion. Motion: Reappoint Juliette Hagist to serve an additional term on the Code Enforcement Board beginning October 1, 2011, appoint Ian Luthringer to serve as a regular member on the Code Enforcement Board beginning October 1, 2011, appoint Benjamin de Luna to serve as an alternate member on the Code Enforcement Board beginning October 1, 2011 and appoint Patrick Stratton to serve as a new member to the Community Development Board to fill the unexpired term of Ellen Glasser beginning immediately. Moved by Borno, Seconded by Woods Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Woods • Agreed with Mr. Kooba, stating he has some very valid points regarding the sign ordinance and we need to revisit this ordinance and work out some of the kinks and allow for some variances and other options. She stated we may want July 25, 2011 REGULAR COMMISSION MEETING Page 9 to postpone the actual enactment until we get through this economy that doesn't seem to want to give anybody any relief. She stated businesses are not going to be able to pay $10,000- $15,000 to replace a sign. • Announced there is a Presidential Address at 9:00 tonight on the budget stalemate. • Asked about the City Attorney's comment at the last meeting that the Charter and Code give him the authority to interview and hire lawyers for the City. Stated she went to municode.com and could not find this. Mr. Jensen stated he will get back to her at the next meeting. • Mayor Borno asked Commissioner Woods if she was requesting staff to give them some information on the sign ordinance. Commissioner Woods stated she believes the Commission needs to decide whether they are going to revisit it. She stated she does not know whether this is a task for staff or if it needs a workshop, or whether they need input from the business community. Mayor Borno stated he believes a good approach would be to ask staff to give us an overview and then for the Commission to have a good discussion and, if necessary, a workshop. Commissioner Parsons • Stated he was very much involved with the sign ordinance and also believes they need to revisit it. He stated, if nothing else, they could extend the grandfathering time. He stated the economy just isn't there to support telling somebody they need to take down their sign. Commissioner Fletcher • Commented on Patty Drake's comments regarding the funds for the Tideviews dock. He stated the confusion about enterprise funds and budgeting was underscored by the comments she made about using the Tideviews dock money to subsidize health insurance. He stated the City has a bunch of different enterprise funds and money in enterprise funds is not available to satisfy the general obligations of the City. He stated another example was the Police Building, stating if they go forward with that project the money comes from the Better Jacksonville half cent sales tax fund. He stated the money in that fund is totally restricted; the money for the Police Building would not come out of general funds or be supported by ad valorem taxes or fees. He stated there is confusion, even among employees, about how money in certain enterprise funds can be used. • Also commented on the sign ordinance and agreed they need to look at it. He stated he believes there are some unintended consequences that are presenting themselves now. He stated he is pleased some of the Commission is open to looking at extending or modifying the sign ordinance. Commissioner Daugherty • Commented on the sign ordinance, stating he too would like to revisit it. • Encouraged the Commission to do their homework on the budget. He stated they owe it to the employees and the citizens to go through it. He stated his goal this year is to get some sort of pay increase, but to do that they have to cut some things. July 25, 2011 REGULAR COMMISSION MEETING Page 10 Commissioner Parsons • Stated he read the email forwarded to the Commission regarding the bike rack in the town center and believes this does need to be addressed. Mayor Borno • Would like to have staff give a summary of the history of the sign ordinance when they revisit it. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:28 p.m. 4 4;:k- idik`'‘ Mike Borno, Mayor/Presiding Officer ATTEST: Q ivitGG / Lt& Donna L. Bartle, CMC City Clerk