Loading...
12-12-11 v MINUTES REGULAR CITY COMMISSION MEETING December 12, 2011 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Commissioner Mark Beckenbach City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Maria Mark Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Mayor Borno stated he would now take the public input from anyone who wanted to address anything from the workshop meeting and reopened the Courtesy of the Floor to Visitors. No one from the audience spoke so he closed the Courtesy of the Floor to Visitors for the workshop. Call to Order/Pledge: Mayor Borno called the meeting to order at 6:03 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of November 28, 2011. Motion: Approve the minutes of the Regular Commission Meeting of November 28, 2011. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. He recognized former Mayor Lyman Fletcher and former Commissioner Theo Mitchelson who were in the audience. Lyman Fletcher, 804 East Coast Drive, addressed the Commission regarding a motion proposed by Commissioner Beckenbach to form a committee regarding an issue before the Commission. He stated there was some discussion afterward regarding the role of committees, how they are selected, and the procedures for that, etc. He stated it is clear under the Charter the Mayor can appoint committees and the membership of those committees. He stated, as he understands it, the issue is the role of the Commission in appointing committees and the members. He stated the form of government Atlantic Beach has is a weak Mayor government and, in his reading of the Charter, the role of the City Commission needs to be clarified. He stated, as he understands it, currently the City Commission is put into a position of weakness or a lower status than the Mayor's position which is counter to the fundamental concept of our City government. He stated there should be equanimity between the various aspects of the City government. He stated the founders of this City were very conservative people and he concludes they didn't trust government because of the way they set up the government of this City. He stated they have taken all the pieces of power and broken them up among smaller decision - making groups in regard to the issues December 12, 2011 . REGULAR COMMISSION MEETING Page 2 that would come before the Commission over time. He stated it comes to where the Commission sitting as a body does not have equal power so it puts a position of where one part of the government has a more persuasiveness or sway in the governance of the City. He stated Commissioner Beckenbach has talked to several people who give a different opinion than the City lawyer's opinion that was given at his request. He stated this goes to the balance of the power of the respective parts of our government, albeit the City Commission and the Mayor's position and clearly there is an issue with it. He stated there needs to be a conclusion of what the intent of the founders was in establishing this City and the corresponding parts to it. He stated we all have an opinion and that opinion whether it be the lawyer's, commissioner's or the guy off the street's opinion is just that, it is not anything that is persuasive or carries the weight of the law. He stated the Commission can say to a lawyer that they don't like their advice and don't want to follow it and they don't have to follow the advice of the lawyer. He stated they should be careful but it is not a requirement. He stated the way it is set now creates a serious imbalance between the Mayor and the Commissioners and that needs to be resolved to the benefit of the community. Sally Clemens, 1638 Park Terrace West, addressed item 7C, stating at the last Commission meeting Commissioner Daugherty suggested the regular Commission meeting begin at 6:30 p.m. which she believes is an excellent compromise between the 6:00 and 7:00 o'clock advocates. She stated the agenda order usually take a half an hour before there is an action on resolutions and ordinances and this allows the citizens time to be present when there is a public hearing. She stated if a citizen wants to address the Commission during the Courtesy of the Floor to Visitors a prepared written statement could be read by another citizen. She stated since the agenda is available at City Hall and online citizens have a reasonable time to study the agenda and this also gives enough time for them to email or call concerns or questions to any of our Commissioners. She suggested a 6:30 compromise time. She further stated she had not planned to address the committee appointments but she was one of the ones who objected to Commissioner Beckenbach's appointment of a committee. She stated she thought it was more practical that each Commissioner appoint some on the committee. Theo Mitchelson, 340 Oceanwalk Drive N., addressed the signage issue in our commercial and industrial zoning districts, stating it is his understanding the proposal is to relax the current standards thereby permitting somewhat larger signs in our community. He stated he was asking not that they reject that but that they don't merely take a one size fits all problem and create a different problem with the one size fits all solution. He stated visibility is the lifeblood of most businesses but, at the same time, prior Commissions have labored long and hard to reduce the visual pollution that assaults us as we travel down our main corridors. He stated right now our nation and our community itself are struggling through tremendously difficult economic times and it is tempting in the name of enhancing business to loosen up the rules to try to help businesses in their struggles. He cautioned the Commission that a change made in the effort to assist this temporary financial crisis becomes a permanent fixture in our community and asked that they not weaken the current ordinance to the extent that they permit visual blight and pollution which they must then tolerate forever. He stated he suggests if they are going to consider larger signage, at the very least, to think of it for the reason they are considering it and have larger signage reserved solely for businesses way off a main access road and not merely make a new rule change that permits small businesses right against one of our main roads to then enlarge all their signs and come at us with that visual assault as we go. December 12, 2011 REGULAR COMMISSION MEETING Page 3 Mitch Reeves, 1663 Sea Oats Drive, addressed the Commission stating the last 45 days have been quite interesting with the Commission. He stated he has been able to attend different Commission meetings, workshops and sunshine law meetings. He stated he was really surprised in these open meetings how one Commissioner can coach another Commissioner in how to present a resolution or motion before the council. He stated he thought it very interesting that we have elected commissioners who are not capable of actually explaining what they want to do. He stated this election was a very interesting election and he supported some of them and some of them he didn't, but he supports everybody who is sitting up here today as he expects each of them to support everyone else in this City. He stated he understands people want to move fast, they make promises in elections, they want to do what's right and he hopes that they do what's right, but he believes one commissioner said it best in stating, let's take a deep breath, go slow. He stated we aren't in a rush here. He stated they have realized it's not a honeymoon but decisions do have to be made and not everyone is going to agree. He expressed concern in whether they are going to act as a commission as they are elected to do or are they going to micro -mind the City. He stated a topic was brought up about reorganization and asked if we want to spend $25,000- $50,000 to see if we need to reorganize. He stated maybe we do, maybe we don't, but do we need to do it now. He stated what they need to do now is focus on the most important thing that is going on in this City, the retirement. He stated they need to spend all of their efforts on the retirement plan and then move on to the other things. He stated he questions each of them if they are acting as a Commissioner or do they want to micro -mind the City. He stated if that is really what they want to do then look at the Charter and change the Charter. He stated in one of the meetings he heard the term "witch hunt ", stating if they are in a witch hunt or have other reasons to reorganize such as not liking the Assistant City Manager, or don't like the City Manager then call it what it is, stand up and say it. He stated Commissioners have been saying they need a transparent government, but when you read the emails there is nothing transparent about them. He stated there are emails that citizens write and commissioners write back and then they blind copy the press. He stated if they are transparent why would they blind copy an editor, why not just cc them. He stated that is transparent, tell everybody they sent it. He stated he is okay with that. He further stated he doesn't care if the meetings are at 6:30 or 7:00 and he hopes this room fills up at 7:00, but he suspects it will still be the same people who come. He stated he wants the Commission to make sure that they follow their duties and do what's right for all of the citizens, not just the ones each of them promised to. Dezmond Waters IV, 1835 Seminole Road, spoke on behalf of Dutton Island Gardeners (DIG) and referred to the request before the Commission for matching funds under the beautification policy. He stated they have looked at the criteria the City has and believe, with the exception of beach access, it meets all of the criteria. He stated if they have any questions, along with the written proposal, they included the contact list for the committee members and the Commission should feel free to contact any of them with any questions or ideas they may have. He thanked the Commission for their initial support in giving them the property and for their continued support in considering their request this evening. No one else from the audience spoke so Mayor Bomo closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. December 12, 2011 REGULAR COMMISSION MEETING Paee 4 Mr. Hanson addressed Mr. Waters' comments, explaining his request further. He stated what they are proposing is to have a project that is similar to the beach access improvements that the City has a policy on. He suggested the Commission look it over and make a decision on it at another Commission meeting but stated there is nothing budgeted for this year for matching but that is not to say the Commission could not put something in there for it. Mayor Borno asked Mr. Waters if putting this on the first meeting in January would work for them. Mr. Waters stated it would. 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 Monthly Activity Report, Utility Sales Report and List of New Businesses for November 2011 and the Financial Report for October 2011. B. Approve Amendment Number Two to Interlocal Agreement between the City of Jacksonville and the City of Atlantic Beach for 9 -1 -1 User Fee Distribution in Fiscal Year 2011 -2012 and authorize the Mayor and City Manager to sign the paperwork. C. Authorize the Chief of Police to sign the Voluntary Cooperation Mutual Aid Agreement for the Police Department to participate in the local Child Abduction Response Team (CART). D. Approve the requested fee increase of $3,719.63 to the First Vehicle Services contract for the period of 12/1/11 through 11/30/12 and authorize the City Manager to sign the proposed contract amendment. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item A. Motion: Approve Consent Agenda Item B, C, & D as read. Moved by Daugherty, Seconded by Mark Votes: Aye: S — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Woods commented on the water loss stating our 12 month average continues to go up. She stated when she has brought this up in the past she has been told they are doing things to help the number stabilize or decrease, including replacing meters, yet the numbers still continue to increase. She stated she believes they need to do some research on the meters they are using and to take a fresh look at the water loss to see if they can't come up with a better solution. Commissioner Beckenbach asked that staff check on this for the next meeting. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods December 12, 2011 REGULAR COMMISSION MEETING Pate 5 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 11-28 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING POLICE OFFICER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLAN SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS. Mayor Borno read Resolution No. 11 -28 by title. Motion: Approve Resolution No. 11 -28. Moved by Daugherty, Seconded by Borno Mayor Borno explained this resolution resulted from a request from the Florida League of Cities throughout the whole State to support getting away from unfunded mandates and allow all the local legislative bodies to have a level playing field and to do their own negotiations of collective bargaining. He stated it is time to ask for relief and to allow local rule to have local rule. Commissioner Daugherty agreed with Mayor Borno stating our hands are tied due to funding, etc. and believes self rule is very important. Commissioner Woods stated she had some concerns and apprehensions regarding the portion reading "Whereas, the Florida Legislature transferred all operational and administrative control of police pension plans from the City of Atlantic Beach to a legislatively created board of trustees, a separate legal entity apart from the City of Atlantic Beach that exercises broad powers outside the City of Atlantic Beach's control." She stated that sounds good because it is taking powers away from the City of Atlantic Beach but asked what do we really know about managing pension plans and are we qualified as a City to do that. She stated she believes this is all encompassing and asked if we are just saying we want control of what we are doing with our pensions and don't want the State to tell us what we need to do. Mr. Hanson explained the State has dictated a lot of the rules for the local pension boards and believes one point of this resolution is to say that the State should get out of dictating how local government should set up their pension boards. He stated basically the State ties your hands and the point of all of this is to let the local decisions be made locally. Commissioner Woods stated she doesn't have enough history at this point to say that everything that is in this resolution is something that the City categorically should support. Mayor Borno further explained to try to get the legislature out of this has been an issue cities have been working on for years and they finally have put it in one large format to ask for it overall. He stated there are quite a few bills being introduced to support some of this. He encouraged the Commission to consider supporting this resolution. Commissioner Beckenbach asked to defer this resolution until after the pension and shade meetings to see if these items coincide with what we are talking about as a city. Mayor Borno December 12, 2011 REGULAR COMMISSION MEETING Page 6 stated he would not want to defer it because the legislative session begins on the January 3 and if we don't get their attention now while they are in delegation and getting their bills together and their committees are working on these type things then the chances of getting it supported overall throughout the whole state will fall behind. He stated what they are asking for tonight is to ask the legislature to allow us to have control to do our union negotiations and be relieved of all the things that have been put on the cities since 1999. Commissioner Daugherty stated they get the agenda on Wednesday and they have time to contact the City Manager or Alan Jensen and they have time to do research and it sounds like they haven't read it yet. He stated it bothers him that they don't have a clear understanding of what is on the agenda. He stated they should be able to come to a meeting and be prepared to vote and do their homework beforehand. Discussion ensued. City Attorney Jensen stated, in his opinion, they are not getting into any specifics of union negotiations if they vote for or against this resolution. Mr. Hanson stated he believes what this is trying to say is that the cities support reform to the State law and it is not intended at all to say your city supports this type of pension plan. He stated it is saying the cities are tired of having their hands tied by the State legislature and want the laws reformed. Further discussion ensued. Commissioner Daugherty called the question. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno then asked for a vote on the resolution. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 1- Woods MOTION CARRIED B. RESOLUTION NO. 11-29 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES 2012 LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Borno read Resolution No. 11 -29 by title. Motion: Approve Resolution No. 11 -29. Moved by Mark, Seconded by Borno Mayor Borno explained the resolution, stating he provided the Commission with the ten priorities that came out of the five legislative committees from the Florida League of Cities conference in November. He stated this resolution will go to the legislators showing city support throughout the State. December 12, 2011 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 1- Woods MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 60-12-17, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES WHICH REGULATES SIGNS AND ADVERTISING STRUCTURES AS ADOPTED BY ORDINANCE NUMBER 60 -02- 12, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 17 -29, SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 60 -12 -17 by title. Motion: Approve Ordinance No. 60- 12 -17. Moved by Woods, Seconded by Daugherty Commissioner Beckenbach asked if this sign ordinance allows the 200 s.f whether someone is in a shopping center or right on the street. Mayor Bomo stated yes, depending on the footage. Commissioner Beckenbach stated maybe they should consider a difference between being right on the road versus being in a shopping center that is so many feet away. Building Official Mike Griffin explained that the one square foot for each foot of lineal building front is a typical way that signs are approved. He stated smaller buildings are usually up front closer to the street and the larger buildings are farther from the street. He stated when they took this to the Community Development Board they looked at several other cities. He stated in St. Augustine their max is 250 s.£, Jacksonville Beach is 250 s.f., Jacksonville is 300 s.£, and Neptune Beach is 200 s.£ so they are trying to be compatible with Neptune Beach. He stated he does not believe they have a large problem with the way the sign code is proposed but there is a problem with the way it exists now because with the 48 s.f maximum and the 60 s.£ maximum it puts many existing wall signs out of compliance. Mayor Bomo stated if Commissioner Beckenbach believes some verbiage should be changed it can be submitted for the second reading. Commissioner Daugherty suggested having a minimum setback for the 200 s.f. signage. Mayor Borno encouraged the Commissioners to get with the City Manager with their proposed amended language for inclusion in the second reading. Commissioner Woods stated she is hoping that signage is discussed at the Town Hall meetings so they can get input from the business community and citizens on how to address these problems. December 12,2011 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 5-12-54, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD OF THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES LIENS AND MONEY JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF LIENS; PROVING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING; PROVIDING NOTICE REQUIREMENTS. Mayor Borno read Ordinance No. 5 -12 -54 by title. Motion: Approve Ordinance No. 5- 12 -54. Moved by Woods, Seconded by Mark Commissioner Woods suggested changing businessman to businessperson in Section 2- 141(b) and questioned whether in 2 -147.9 mail meant certified mail and asked about the wording in 2 -147.4 (1) (c). Mr. Griffin explained that was directly out of the Florida Statute. He stated if you leave notice with someone 16 years of age then that is notice. He stated, regarding the certified mail question, that can be regular mail. He stated if we have to get certified mail it is difficult, so the courts have allowed regular mail for the order. He stated the violator is supposed to be present at the hearing so we are just sending a regular mail following the hearing to the residence. Commissioner Woods also questioned the options of noticing the person in 2 -147.4 and then when you get to 2 -149 (4) it only gives the violator one option of notifying the City and asked if that is common practice or should they get the same options the City gets. Mr. Griffin stated that is their only option. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NUMBER 5- 12 -55, 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 -16, TIME AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR MEETINGS TO 7:00 P.M. AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -12 -55 by title. Motion: Approve Ordinance No. 5- 12 -55. Moved by Woods, Seconded by Beckenbach Commissioner Daugherty asked to amend this to 6:30 stating it will be more considerate of staff's time and will still accomplish the goal of making the meetings more accessible to citizens. December 12, 2011 REGULAR COMMISSION MEETING Pate 9 Commissioner Woods stated she doesn't have a problem with 6:30 but would like to have hot button issues held at the end of the meetings to accommodate those who can't get here until 7:00. Mr. Hanson stated the order of business is specified in the City Code so they can change that. He also noted that in the past they have tried to put the larger issues a little earlier and it is up to the Mayor's discretion to be able to move them at the request of any Commissioner. He stated when the Chamber has been packed with people the feeling has been to get the item they are here to hear about up first. He stated he believes the way to handle this would be appropriately through a request to the Mayor and if there is a group coming that a Commissioner believes need to be here but aren't yet, it would be an appropriate time to make the request to the Mayor. Motion: Amend time from 7 :00 p.m. to 6:30 p.m. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended ordinance. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Amend ordinance to eliminate "additional regular meetings shall be held on the night of every election" from Sec. 2 -16. Moved by Woods, Seconded by Daugherty City Attorney Alan Jensen explained he discussed this with City Clerk Donna Bartle and was told this has been eliminated by the Charter because there is no need to have a regular meeting on the night of every election anymore. He stated in preparing the ordinance he also prepared a second ordinance which proposed the elimination of that last sentence. He stated this removal will make the ordinance consistent with Section 14 of the Charter. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Approve second amendment of ordinance to delete sentence above. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED December 12, 2011 REGULAR COMMISSION MEETING Pale 10 8. Miscellaneous Business A. Names submitted for Tideviews pier. Mr. Hanson stated there was a list attached to the agenda of names submitted in response to the Commission's request for public input for names for the new pier. Commissioner Woods proposed the Lyman Fletcher Sunset Pier out of respect for previous mayor Lyman Fletcher whose dedication to acquiring our marsh front for the City began the quest for our parks and marshes. Motion: Name the pier Lyman Fletcher Sunset Pier. Moved by Woods Motion died due to lack of a second. Commissioner Daugherty stated since five of the people submitting suggestions made some reference to sunset and one of the definite aspects of the pier is the fact that it is a great place to watch the sunset, he proposed naming the pier Sunset Pier. Motion: Name the pier Sunset Pier. Moved by Daugherty, Seconded by Beckenbach Mayor Borno stated he understands Commissioner Woods wanting to afford the courtesy to former mayor Lyman Fletcher and agreed that he has been very instrumental in this but explained they have already named the Dutton Island pavilion after him. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Report on Grant Application/Administrative Costs. Mr. Hanson stated the Commission asked for estimates of the time being spent on grant application administration and he asked Assistant City Manager David Thompson to put together a report on this. Mr. Thompson summarized his report stating this requires no action from the Commission. He explained sometimes it is difficult to predict what you are going to put into these grants both for the application and administration. At the request of Mayor Borno, Mr. Thompson also explained in detail the energy grant. Commissioner Daugherty asked who would be taking over the grant writing when Mr. Thompson leaves. Mr. Thompson stated he and the City Manager have discussed this and the grant and what needs to be done on each grant will determine to whom it will be assigned. Commissioner Daugherty asked the City Manager if these are some of the tasks he would envision for the Redevelopment and Zoning Coordinator position. Mr. Hanson explained the reason they were able to keep the Community Development Director's job open was because zoning activity was down and they were also able to move some of the work to other people, one big piece of which went to David Thompson December 12, 2011 REGULAR COMMISSION MEETING Page 11 — the regular Community Development Block Grant process. He explained what that grant process involves and stated, with Mr. Thompson's leaving, that was one piece they will have to find a place to put. Discussion ensued. C. Automated Vehicle Locator System. Mr. Jensen left the meeting at 7:41 p.m. Mr. Thompson summarized his staff report and explained the system stating this is a management tool that shows where vehicles are and what speeds they are going. Mr. Jensen returned at 7:44 p.m. Mr. Thompson explained they have gone through a competitive bid process and staff is recommending the City award this bid to the low bidder. Motion: Award the purchase of the AVL system to Safety Products, Inc. and authorize the Mayor or City Manager to sign the related documents. Moved by Beckenbach, Seconded by Mark Commissioner Beckenbach asked if they know if the system is working good enough that it is worth the money. Mr. Thompson stated the current system, Fleetmatics is becoming less reliable which is believed to be due to their upgrading some of their software. He stated they will not know the reliability of the new company until they use them but he has spoken to others who use them and they were very positive as far as reliability, customer service, etc. Commissioner Daugherty agreed this is a very effective management tool. Commissioner Woods asked if this contract is renewable in three years. Mr. Thompson stated he did not ask because the price may go down in three year and it may be a good time to re- evaluate. Commissioner Daugherty asked if the equipment is proprietary. Mr. Thompson stated he did not ask that but usually when you purchase the equipment from one company you can't have another company track it for you. Commissioner Daugherty stated he would like to put some options in the contract such as renewing at a set rate. Mr. Thompson stated if they have something they want included to let him know and he will make sure they write it in the contract. Mayor Borno stated this will also provide a degree of safety to our employees should something happen. He stated the City can locate the vehicle if the employee is unable to get back to them. He stated he sees this as more than just tracking and efficiency. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. Estimated Cost to Install Stamped Asphalt Crosswalk at the Orchid Street Bike Path Crossing. December 12, 2011 REGULAR COMMISSION MEETING Page 12 Rick Carper summarized his staff report stating he spoke with two vendors to get an estimate for stamped asphalt rather than the stamped concrete previously presented to the Commission for the Orchid Street crosswalk. He stated the quote he received from Design Paving was $2,640 or $11 /s.f. He stated Duval Asphalt quoted $14 /s.f. and recommended they mill the existing crosswalk, put a new surface down and thirty days later install the friction pave product over the top of the new surface. He stated Design Paving, based on the pictures they were sent, said they could put the product on the existing surface. Motion: Hire Design Paving to put in the textured asphalt for $2,640. Moved by Daugherty, Seconded by Beckenbach Discussion ensued regarding the stamped concrete versus the stamped asphalt crosswalks. Mr. Carper and Chief Classey answered questions from the Commission. After further discussion, it was the consensus of the commission to use the stamped concrete instead of the stamped asphalt at this crosswalk. Commissioner Daugherty withdrew his motion; Commissioner Beckenbach withdrew his second. Motion: Use stamped concrete for crosswalk at an estimated cost of $4,600. Moved by Daugherty, Seconded by Beckenbach Commissioner Beckenbach asked what the cost would be. Mr. Carper stated he had one quote for $4,600, so it would not be more than that. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a recess at 8:21 p.m. The meeting reconvened at 8:26 p.m. E. Redevelopment and Zoning Coordinator. Commissioner Woods stated she was requesting to amend the approved motion "Authorize staff to restructure positions to replace the Community Development Director position, to reflect the changes noted above, and to authorize staff to recruit and hire a qualified person for the new position and authorize the modification of the 2011 -12 budget shifting funding from the City Manager's budget for the Community Redevelopment Coordinator position to the Police Department where it will be used with the remaining JAG funding to pay for a second COPs position on a part - time basis." that was approved on October 10, 2011. Motion: Amend above motion to set a timeframe for hiring the Redevelopment and Zoning Coordinator to be after Strategic Planning. Moved by Woods, Seconded by Beckenbach Commissioner Daugherty stated he believes now is the time to hire this person so there will not be too much of a gap after David Thompson leaves. He stated the reason Sonya Doerr's position was held open was partly because David Thompson was able to cover a lot of the work that needed to be done December 12, 2011 REGULAR COMMISSION MEETING Page 13 but with him leaving there will be no one to do this work, especially Community Development Block grants. Commissioner Mark stated she also believes that if they stop the process now they may not have anyone to come into this position for six months or later. She stated the duties and responsibilities of this position are very important, particularly as we move forward and start looking at the positive ways we want to move our City forward. She stated she does not see the drawback in continuing the search and interviewing process for this position. Commissioner Beckenbach disagreed, stating he believes strategic planning will be when they will find out exactly what this Commission is looking toward and what the needs of the City are at that point to put someone in. He stated as far as the job description is concerned he knows that in Planning and Zoning they have someone who is more than capable of doing Planning and Zoning right now so if there is a concern about whether they will have someone with that ability and whether the citizens will not have that employee available he does not feel the same way. He stated he believes Erika Hall is more than capable of filling that role as well as meet any of the criteria required within that job description. He stated he doesn't see the need until after they find out exactly what they want to do and how they want to do it and then whatever Ms. Hall or Mike Griffm are incapable of doing then they can go ahead and add someone else on to help if they do need some assistance. At the request of Commissioner Daugherty, Mr. Hanson explained the description and duties of this position and how it has been split among the staff. He stated the closing for the position was last Friday and they have received 31 applications. Commissioner Woods asked what the timing was for the Community Development Block Grants. Mr. Hanson stated it is very soon. Mr. Thompson stated they typically want us to submit the projects to them by February of each year to tell them how we want to spend the money for the coming year. He further explained the process. Commissioner Woods asked who is doing this work. Mr. Thompson stated he is doing the majority of it with assistance from Donna Kaluzniak. Commissioner Woods stated there was some discussion that we have all these qualifications on staff and she would like to ask Mike Griffin and Erika Hall what their degrees are in and if there is anything in these duties and knowledge skills and abilities that they would not be able to handle. Mr. Hanson raised a point of order, stating if they are talking about hiring a position the City Charter does not allow the Commission to do that. Commissioner Woods stated the discussion was whether they need additional staff and whether they already have capable staff on hand. She stated she is asking if they can use the staff and their skills that they have and wait until they have gone through the process to see whether they need this position. She stated tonight they are changing the duties and responsibilities which proves her point that they don't really know what they want and need this person to be doing. She stated as far as the duties, knowledge skills and abilities that are in the vacancy announcement she believes we have the staff on hand who can handle this for the next couple of months. Mr. Hanson stated he differs with her in that he believes it is highly inappropriate to speak about the pros and cons of any one particular person in a public forum and whether or not they can handle any particular job. She stated perhaps her wording could have been better but her understanding is that they both have degrees and experience with all of the duties, skills, abilities and knowledge that are in this vacancy announcement and believes their degrees point to that. She stated she is just asking for verification. She stated as they sit here tonight this position's requirements have changed which is why she brought this up that it should be postponed until they really know what they want this position to be. She stated they don't know, it is evolving and changing as they speak. December 12, 2011 REGULAR COMMISSION MEETING Page 14 Mayor Borno stated there are adjustments to anything and the vacancy announcement provided a good overview. He stated he does not believe they will ever totally describe a job description and in his opinion there is a necessity to fill an existing job and he supports that they fill it. He stated there are always adjustments to job descriptions and it is the responsibility of the City Manager to fill the position. Commissioner Woods stated she believes it would be a bigger disservice to the City to hire the wrong person and task them with a job that really isn't what the City needs, which is a huge potential waste of taxpayer dollars. Commissioner Mark stated this position has been discussed and fashioned to accommodate what we are looking at for the City in the future. She stated it would be unrealistic to say this is the job and this is all this person is ever going to do or be. She stated if we have staff here who feel they are qualified for this job, it was open to anyone to apply. Commissioner Daugherty called the question. Votes: Aye: 3 — Borno, Daugherty, Mark Nay: 2 - Beckenbach, Woods MOTION CARRIED Mayor Bomo called for the vote on the motion. Votes: Aye: 2 - Beckenbach, Woods Nay: 3 — Borno, Daugherty, Mark MOTION FAILED F. City Government Organizational Review. Motion: Direct staff to research and invite qualified firms, who can perform a comprehensive review of the City's organization and operations, to make presentations for the Commission's consideration. Moved by Woods, Seconded by Beckenbach Commissioner Woods stated there is nothing to be afraid of by looking at your reorganization. She stated we need to reevaluate where we are and how we are doing our business and spending our money. She stated there are a lot of things that have strained our budget, i.e., pension, and we need to look at everything the City is doing to see how it can be streamlined, more efficient, cost effective and still service the citizens at the level they would like and feel is justified to pay for. She stated people generally don't mind paying taxes for services and amenities they feel are fair but do mind paying for waste and it is the Commission's job to make sure our taxpayer dollars are not being wasted. She stated it is their duty to periodically provide organizational oversight. She stated she would like to invite some companies in to speak with the Commission so everyone would understand what the process for an organizational review would be. She stated they can then decide at a later point if they want to move ahead with the review. Commissioner Daugherty stated he is not adverse to getting proposals but believes we are pretty tight in our organization and that Mr. Hanson has done a phenomenal job in managing the City. December 12, 2011 REGULAR COMMISSION MEETING Page 15 Commissioner Mark asked if the qualified firms would determine which departments they felt would need reviewing or would that come from us. Commissioner Woods stated it would all be Commission driven. She stated generally a comprehensive review would look at all of the divisions in the City. Commissioner Mark stated she is not opposed to having firms come talk to the Commission about the process but would want them to be cognizant and have it clearly stated how much staff time this will take versus what the benefit will yield. She stated we have a lot of pretty important items coming up as Commissioners in the next few months which will demand a lot of staff time as well. She stated she is not saying this is not important and something that doesn't need to be addressed at some point, but she wants it to be clear in the presentations how much staff time will be required. Mr. Hanson stated he believes we have a serious issue with workload here and top staff all work a lot more than 40 hours /week and running the City is a full time job plus. He stated there has been an unusual amount of things the Commission has recently put in front of staff as tasks on top of the normal running of the City. He stated we have the pension issue, tipping fees moving ahead, filling the Human Resources Manager position, the police building, etc. He stated with David Thompson leaving we have a tremendous workload issue to resolve. He stated staff is getting pretty close to overload and may well be overloaded now. He suggested they wait until strategic planning to have a discussion about the main projects. He stated staff will do everything they can but they can't do everything. He stated they need to talk about all of the projects at one time and discuss how much manpower they have to be able to accomplish all of these things. Mayor Bomo stated he believes an organizational review should be driven by need and he believes we are making too many mandates and priorities. He stated this is from enthusiasm because this is a new commission and there are a lot of things they want to see done, but they need to walk through the process. He stated our main process is strategic planning and they are still working through last year's with several issues coming up. He stated there is nothing wrong with the idea but it is out of sync on where we should be putting it in the requirements. Commissioner Daugherty stated he agreed and believes this is a strategic plan item. Commissioner Beckenbach stated he understands, so if they withdraw it they can bring it back up around strategic planning. Commissioner Woods disagreed stating she believes this information is important to have when they go to strategic planning. She stated now, while we are in the flux, this is the time to do the organizational review to see how they want it to come out from all these changes that are going on. She stated they can take the information they get from the review to strategic planning and see how they want to go from there. She stated she believes to go to strategic planning and say these are the results we want from the organizational review is backwards. Mayor Bomo stated the issue is priorities and to be able to put the time in to do this. He stated an important part of strategic planning is they are supposed to plan as a unit where the priorities fall out and then they can get to those things and get something done. He stated his strong feeling is that to do this now and put another priority on staff they will not get any results. Mr. Hanson stated since they normally have strategic planning in February or March, there is no way they could get such a review done by then. He stated they may be able to have a consultant come in and tell them what a review is about, but they could not get someone under contract to do a study and have a report back by that time. December 12, 2011 REGULAR COMMISSION MEETING Page 16 Commissioner Woods stated this motion is to have the firms come talk to the Commission about what the process would be and then they can decide whether they want to move ahead and when, but she believes having that information on hand is important. She stated she has had firms contact her about this and there are firms ready to come and talk to us. She stated it is not a huge commitment to gather information to consider the process. She stated she is not asking for a commitment to the process at this point. Commissioner Beckenbach stated this is just asking for information about what these corporations can and will do. He stated if they ask the companies to come in toward the end of February then they would be able to make a reasonable decision as to whether or not it would even be worthwhile discussing it at strategic planning. Commissioner Mark agreed it needs to be done either before or concurrent with our strategic planning workshop. Mayor Borno stated this would not fit into the criteria of a real strategic planning workshop. He stated those take two nights as it is right now. He stated if there is any information to be gleaned he believes it should be done in a separate venue. He asked Commissioner Woods to give the company names to Mr. Hanson so he can contact them to schedule presentations prior to Strategic Planning. Commissioner Woods agreed. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED G. Selection of Mayor Pro Tempore. Mayor Borno nominated Maria Mark to be Mayor Pro Tem. Motion: Appoint Maria Mark to serve as Mayor Pro Tem. Moved by Borno, Seconded by Beckenbach Votes: Aye: 3 — Borno, Beckenbach, Mark Nay: 2 — Daugherty, Woods MOTION CARRIED H. Appoint Commissioner to the Board Member Review Committee. Mayor Borno nominated Jonathan Daugherty to serve as Chairman of the Board Member Review Committee. Motion: Appoint Jonathan Daugherty to serve as Chairman of the Board Member Review Committee. Moved by Borno, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED December 12, 2011 REGULAR COMMISSION MEETING Page 17 I. Creating Committees and Appointing Members of Committees. City Attorney Alan Jensen stated he submitted his report in writing and if anyone had any questions he would discuss them. Commissioner Beckenbach stated before he asked for Mr. Jensen's opinion he went to four other attorneys. He stated the opinion given by Mr. Jensen is saying the Mayor "shall" instead of the Mayor "may" and the Commission "shall not" appoint committee members, yet in Section 9 the Commission is given the power over the policies and procedures of the City of Atlantic Beach. He stated after speaking to the other four attorneys, he believes that the Mayor does have the opportunity to appoint a committee but so does the Commission. He questioned how can the Commission themselves look at this and say Mr. Jensen's opinion is what we have to go with. He stated he would like to defer this to the next meeting for further discussion. Commissioner Woods agreed to move this to the next meeting. Mayor Borno stated through precedents in history the Mayors put things together, which does not mean he will not work with the Commission on it. He stated he fully expects to carry that out. He stated he will discuss it with the Commission and will work out the issue at that time. He stated he does not believe there is any doubt about what the Charter says and if Commissioner Beckenbach has a challenge with the wording or the way the Charter is written then he can ask for a Charter review or amend the Charter through a vote of the citizens. Commissioner Beckenbach stated he understands that Mayor Borno is willing to work with the Commission and he always looks at the Commission as a majority vote. Discussion ensued. City Attorney Jensen stated it is important to understand that none of them were involved in writing the Charter or the rewrite and it could have been written better and could be clearer. He stated he cited an example from Jacksonville Beach that the mayor appoints the committees subject to the approval of the city council. He stated our Charter does not include that. He stated the Mayor in Atlantic Beach has always appointed committees. He stated he would like the opportunity to speak with the attorneys Commissioner Beckenbach discussed this with to see what their opinion is based on, to see what their background is, what kind of law they practice, and what kind of experience they have in local government law. He further stated he has been doing this a long time and he goes to seminars at least annually to keep up to date on these things. He stated not that that makes his opinion any more than any other attorney's opinion but he always looks into the background, history and experience in this particular area of law of other attorneys in evaluating any opinion. He stated you can ask ten lawyers their opinion on something and will get ten different answers. Commissioner Beckenbach agreed stating if they have ten different opinions then the final decision is by the Commission and once they vote to decide what the interpretation is that is the way it will be held during this period of time until there is another commission that comes in and reads it differently. Discussion ensued. Commissioner Woods asked for clarification that Mayor Borno is taking the position that he is the only one able to appoint committees and committee members. Mayor Borno stated that is what it says in the Charter. Commissioner Woods stated she totally disagrees with that and if that is how December 12, 2011 REGULAR COMMISSION MEETING Pace 18 he is going to move ahead with this committee she believes that is inappropriate until they as a Commission have decided whether they are going to take Mr. Jensen's opinion as the way they are going to interpret it or if they are going to vote on another interpretation. She stated she is not sure this is resolved enough for the Mayor to just move ahead with this. City Attorney Jensen stated this hasn't been a problem for Commissioner Woods for the past four years and this is always the way it has been done and the Charter has been interpreted that the Mayor appoints committees. Commissioner Woods stated maybe the Commission has not asked to appoint committees before but the Charter to her clearly says that the Commission can appoint committees. Mr. Jensen asked her where it says that, stating it does not say that. Commissioner Woods stated it says exactly that. Mr. Jensen asked her to read where it says that. Commissioner Woods read from Mr. Jensen's report. She asked him if he is saying that only the mayor can appoint a committee that the commission wants. Mr. Jensen stated that is what the Charter says. Commissioners Beckenbach and Woods disagreed. Mr. Hanson stated the issue is Commissioner Beckenbach's proposal for the police building, stating they have a police building workshop in two nights and believes they could discuss the specific committee for the police building after that. J. Reconsideration by City Commission of Past Actions. Mr. Jensen stated they have his report and if there are any questions he would discuss it. Commissioner Woods stated her motion was an amendment of what had been passed before, not a reconsideration of that. 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on a notice of intent to sue and the latest alcohol deployment that checked 24 places and got no sales in any of them. He also gave kudos to Donna Kaluzniak for dealing with the block grant funds for the sewer rehab, stating she was able to get approvals from all the people to use the last of the money. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Mark • Thanked Chief Classey for the work they have done in Jordan, stating she has received no more complaints from citizens. • Reminded everyone of the Town Hall meetings in January. • Thanked David Thompson for his service to the City. • Thanked everyone for their well wishes for her medical emergency and reported she is doing fine and is glad to be back. Commissioner Daugherty • Congratulated Maria. • Stated he was upset we were unable to get the grant for the study on pedestrian safety and would like in Strategic Planning to look at asking the police department to do a study and come back with recommendations for improvements we can do for pedestrian safety. • Wished everyone a Merry Christmas and Happy New Year. December 12, 2011 REGULAR COMMISSION MEETING Pace 19 Mayor Borno • Reported on the meeting he and City Manager Hanson had with Jacksonville's Chief of Staff, Chris Hand regarding the tipping fee audit. • Congratulated David Thompson on his new career in Tennessee. • Reported that Sonya Doerr's health is deteriorating and asked that everyone keep her in their prayers. • Wished everyone a Merry Christmas. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:46 p.m. j "�h Mike Borno Mayor/Presiding Officer ATTEST: /` 2Q i ameeh Donna L. Bartle, CMC City Clerk