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3-12-12 MINUTES REGULAR CITY COMMISSION MEETING March 12, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno asked for a moment of silence for the Headmaster of Episcopal School who passed away last week. He gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of February 27, 2012. Motion: Approve the minutes of the Regular Commission Meeting of February 27, 2012. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. A. Audit Report by Ron Whitesides, Purvis Gray and Company. Mayor Borno turned the floor over to Mr. Ron Whitesides of Purvis Gray and Company who introduced Kevin Smith, stating he also worked on the City's audit. Mr. Whiteside explained the Audit Opinion Letter, stating it was an unqualified letter which is the highest level of assurance they can render as part of an audit and is a clean report. He stated Atlantic Beach has repeatedly gotten these as a result of their audits. He then gave a summary of the Audit Report, going over the financial numbers. He stated costs are up $870,000 and revenues are up $1.1 million, so the bottom line is that the City operated at an excess of $2.1 million in 2011, giving the City a very positive year financially. He stated under unrestricted net assets, money that is essentially available for any governmental purpose, the City is at $9.6 million increasing from $8.9 million the prior year. He stated with an annual budget of a little over $20 million, the City is at 5 1 /2 - 6 months of budget. He stated the recommendations of the Government Finance Officers Association are that you at least have two months and he would characterize the City to be in a very strong financial position. He stated there are three caveats: (1) you have to pay down the long -term debt over time, which is currently at $19 million; (2) there are additional TMDL cost to be incurred to finish up those projects; and (3) this does not include any activities of the pension funds, although that does not have an overly significant immediate financial impact because you don't have to settle up accumulated deficits on the pension plans today but have twenty years of funding to get that done. He answered questions from the Commission regarding finances. He further explained the income statement for the combined pension plans, pointing out that the rate of return on beginning net assets was .6 %, as compared to 10.4% last year. He stated the General Pension Plan is 69% funded and Police Pension Plan is at 62.6 %. He stated the City had both a Federal and a State single audit March 12, 2012 REGULAR COMMISSION MEETING Page 2 where they do additional, very detailed testing of the larger grant programs and they had no findings as a result of that, which is unusual. He stated your Finance staff does a very good job on management of complying with these programs and they have no findings related to that. He further stated there is also a letter they issue in accordance with all governmental audits about any other issues they had with our compliance with laws or regulations, contracts or grants and they had no findings in that either, which they typically do not with Atlantic Beach. He stated they typically do with most governmental audits and it is a credit to the job that management here does. He answered questions from the Commission regarding the pension plans. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. No one from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Building Department Activity Report, Utility Sales Report, and List of New Businesses for February 2012. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12 -04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A MORATORIUM ON USES BY EXCEPTION FOR USED CAR LOTS IN COMMERCIAL GENERAL DISTRICTS, AND PROVIDING AN EFFECTIVE DATE. March 12, 2012 REGULAR COMMISSION MEETING Pau 3 Mayor Borno read Resolution No. 12 -04 by title. Motion: Approve Resolution No. 12-04. Moved by Mark, Seconded by Daugherty Mayor Borno read the Resolution in its entirety. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. RESOLUTION NO. 12 -05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING THE MAYPORT COASTAL SCIENCES MIDDLE SCHOOL SCHOLAR BOWL TEAM ON THEIR EASTERN DIVISION CHAMPIONSHIP. Mayor Borno read Resolution No. 12 -05 by title. Motion: Approve Resolution No. 12 -05. Moved by Mark, Seconded by Daugherty Commissioner Daugherty stated Mayport Middle is a very big part of our community and believes anytime students reach such a worthy achievement he believes it is good for us to honor them for that. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 20-12-114, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -12 -114 by title. Motion: Approve Ordinance No. 20 -12 -114. Moved by Beckenbach, Seconded by Mark Finance Director Nelson Van Liere explained the amendments to the budget included establishing a budget for the unused CDBG funds from last year, extra money for a Code Enforcement vehicle, and funds that were spent out of the sanitation budget to hire the consultant for the solid waste study in Jacksonville. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED March 12, 2012 REGULAR COMMISSION MEETING Page 4 B. ORDINANCE NO. 90-12-214, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90 -01 -172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24 -151. ACCESSORY USES AND STRUCTURES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -12 -214 by title. Motion: Approve Ordinance No. 90 -12 -214. Moved by Mark, Seconded by Woods Principal Planner Erika Hall explained this Ordinance was to correct a deletion of a provision that requires a separation between accessory structures and other accessories and principal structures. She stated previously they had a 10 ft. separation but during revisions of the Code in the past couple of years that dropped out. She stated they are putting that back in as item f with a 5 ft. separation. She stated they also made corrections to Section 24 -88, which should be 24 -89 but was incorrectly referenced in three places. She answered questions from the Commission and further explained the change from 10ft to 5 ft. for the separation between the structures. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Approval of Art for Camelia St. Lift Station. Recreation and Special Events Director Timmy Johnson gave a slide presentation showing the renderings for the lift station at Camelia Street proposed by Clicker Morgan for the Art in Public Places program. Discussion ensued. Jolyn Johnson of the Cultural Arts & Recreation Advisory Committee explained the artists are doing this free of cost and the Cultural Arts & Recreation Advisory Committee just supplies the paint. Motion: Approve the art proposal from Clicker Morgan to be installed on the Camelia Street Lift Station. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Approval of Change Order #7 for TMDL WWTP #1 Improvements for Clarifier #1 Repairs. Public Utility Director Donna Kaluzniak explained this is basically the same thing they did for Clarifier #2. She stated they did get an actual price from the contractor for the interior work and are giving them an allowance for the walkway. She stated once the walkway is sandblasted and they can actually see it, they will March 12, 2012 REGULAR COMMISSION MEETING Page 5 get a detailed price but it cannot exceed the allowance they are giving them. She answered questions from the Commission. Motion: Authorize WPC Industrial Contractors, LLC to complete repairs to Clarifier #1 in the amount of $47,745 as Change Order No. 7, and authorize the City Manager to sign the Change Order. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Award of Additive Alternate No. 3 for Bid 1011 -16 — Standby Generator Replacement. Ms. Kaluzniak explained this was for a sludge and odor control project and there were several additive alternates that were included in the bid. She stated she did not recommend this alternate be approved at the time of the bid because she thought they could squeeze more time out of the generator. She stated, however, they recently found that the fuel tank that is built into the generator is going to need replacement and the estimate she got to do that was about $24,000. She stated after rethinking this she wanted to ask the Commission to award the additive alternate. She explained that with this more efficient equipment they will be using they will save approximately $100,000 in electrical costs at Wastewater No. 1, plus the cost of eliminating Wastewater No. 2, which is approximately $170,000 /year. Motion: Award Additive Alternate No. 3 — New 100 KW Standby Generator to WPC Industrial Contractors, LLC in the amount of $72,460, and authorize the City Manager to sign Additive Alternate No. 3. Moved by Beckenbach, Seconded by Daugherty Ms. Kaluzniak answered several questions from the Commission. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on the latest alcohol deployment stating one business out of 19 checked sold to an underage person. Announced the next Air Show at the beaches will be held Oct 19 — 21, 2012. He stated Atlantic Beach will send a number of police officers and a couple of Public Works employees to help Jacksonville Beach. Reported there will be an art exhibit related to the ferry held at Adele Grage March 30 — April 6. He stated this exhibit will feature art that deals with the ferry with the intention to benefit the Keep the Ferry fund. March 12, 2012 REGULAR COMMISSION MEETING Page 6 He asked the Commission for their input regarding the options for Strategic Planning workshops currently scheduled for two Saturdays in April, the 7 and 21 . He stated the options are to do these from 8:00 a.m. — 12:00 p.m. or 10:00 a.m. — 2:00 p.m. and asked for their feedback. Commissioner Daugherty expressed concern regarding April 7 being the day before Easter. Mr. Hanson stated that date was chosen because it was a date the Commission and Facilitator were available. He stated the Facilitator felt it was not as necessary for the Department Heads to attend the first workshop, April 7, because it is more of a visioning meeting. He stated, therefore, he would tell the Department Heads it is not necessary for them to be there for the first meeting unless they want to be, which will free their time up if they want to use that day to celebrate for religious purposes. Commissioner Daugherty also expressed concern that the City Clerk may get burnt out working all these extra meetings. He stated he wanted to make sure when they are scheduling all these extra meetings that they are considerate of staff. Commissioner Mark asked if they were still looking at doing this over two days because she had seen some email traffic about changing it to one day. Mr. Hanson stated there was a suggestion of trying to do it in one day, but the majority of the feedback he has received was to keep it at two days. It was the consensus of the Commission to have the meetings from 8:00 a.m. — 12:00 p.m. on April 7 and April 21. 10. Reports and /or requests from City Commissioners and City Attorney A. Recommendation for appointment to Police Officers' Pension Board of Trustees. Commissioner Daugherty explained the Board Member Review Committee met to consider filling a vacancy on the Police Officers' Pension Board of Trustees and recommended the appointment of Bill Tomson. Motion: Approve recommendation to appoint Bill Tomson as a new member to the Police Officers' Pension Board of Trustees to fill the unexpired term ending 12/31/2013. Moved by Daugherty, Seconded by Borno Discussion ensued. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Request to Amend the Police Building Ad Hoc Committee's Charge Commissioner Beckenbach summarized his report explaining he believes the charge to the committee should be changed to state: the committee has the latitude to examine any option that the majority of the Committee sees viable; the Chair and Facilitator are not to discourage discussion on other viable options; and the Committee is assured that the 8 week recommendation to finalize the Committee's work pertaining to the charge is not a mandate and this Commission is more than willing to extend the sunset provision if a majority of the Committee is in agreement that additional time is required to satisfactorily complete their charge. Commissioner Woods stated she believes it is in everyone's best interest to clarify what the Commission meant when they originally charged and agrees with these options. March 12, 2012 REGULAR COMMISSION MEETING Page 7 Motion: Amend the charge to the Committee to state: the committee has the latitude to examine any option that the majority of the Committee sees viable; the Chair and Facilitator are not to discourage discussion on other viable options; and the Committee is assured that the 8 week recommendation to finalize the Committee's work pertaining to the charge is not a mandate and this Commission is more than willing to extend the sunset provision if a majority of the Committee is in agreement that additional time is required to satisfactorily complete their charge. Moved by Beckenbach, Seconded by Woods Commissioner Daugherty asked Commissioner Beckenbach what the source of this request is. Commissioner Beckenbach stated he sat in the meeting as well as listening to the audio, and he felt the concern as far as the latitude of the option was not really there. He stated he has spoken to a number of the committee members and they were concerned about the latitude as well. Commissioner Daugherty stated there was a proposal given at the last meeting that did not fit into one of these three things and it was listened to and from what he has heard from several committee members they thought it was a pretty good idea. He stated if the committee has already been able to resolve this on their own, why are they getting in the middle of it. He stated he is concerned about the Commission getting involved in this committee and showing up at meetings and becoming too involved in this process. He stated, personally, he wants to stay as far away from the committee as possible and let them do their work, let it be totally unbiased from anybody and then have them come back to us and give their recommendation. He stated he doesn't want to be giving them his opinion, showing up at meetings and telling them what should be done. He stated he believes it sets a dangerous precedent for committees. He stated the spirit of committees is that they should work independently. Commissioner Mark agreed with Commissioner Daugherty stating the point of having a committee is so that it is an independent body and believes if there are any questions or anything that needs to be clarified it should come from the Chair of the committee to the Commission or the Mayor. She stated since this was a Commission charge then she believes the more appropriate protocol would be for the Chair to come directly to the Commission and ask them to resolve the situation. She stated if the individual Commissioners are getting involved in the process then they are really undermining exactly what the committee is supposed to be doing and they are no longer an independent body. She stated she believes the Commissioners' presence there may directly or indirectly have some influence on whatever decisions or recommendations they come back with. She stated, in reading the charge, Commissioner Beckenbach has put in all the possible alternatives except for not to do anything. She stated she does not understand why there has been so much discussion about exactly what the latitude of the committee is under this charge; however, if you get into the weeds about it, you can really pick it apart. She stated she believes if they want to propose the changed language, just to get it moving along, she is in support of that, but she believes this was not properly brought. Mayor Borno stated he thought everybody had a chance to read the charge and it didn't limit anything. He stated in every committee he has been involved with you start out with a history, identify and go over all the related information as to what is the problem that the committee was appointed to take a look at, then you work on this. He stated he had faith in this committee and believes they are appropriately charged and they know how to come back to the Commission if they have a problem. He stated it looks like so far, from what he has seen, they have worked out most of the items. He stated even with the eight weeks they were given, if they are in danger with any of that, he is sure the Chair, if the committee is in agreement, will come back to us and ask for a time extension. He stated they wanted to appoint a committee to do this job and he believes they should let them do that job. March 12, 2012 REGULAR COMMISSION MEETING Page 8 Commissioner Woods stated she takes issue with the turn this conversation has taken. She stated she did go to the meeting and there was quite a bit of discussion about what the Commission was expecting from that committee. She stated nobody has said anything to them about what they should or shouldn't be deciding; there has been no interference, no manipulation of the committee. She stated she simply went because of this issue, to hear and see what happened and they did decide on their own to hear other issues, but there was a lot of discussion about what the Commission had really charged them with and whether it was up to them to make the decision as to what the Commission wanted or if it was up to the Commission to make that decision as to what they wanted. She stated she sees no harm in giving them a little bit of clarification and does not believe that is interfering with anything or pointing them in any particular direction, it is just helping them do their job to the best of their ability. She stated she takes offense to being told she was interfering by showing up. She stated that was not her intent, she didn't talk to anyone, she simply listened and from what she heard, it was a big issue for them and believes it would be considerate of the Commission to give them clarification so they can move on and not have to discuss this again. Mayor Borno stated everybody who wants to go and listen has the right but they can't participate. He stated that is her choice and each Commissioner makes their own choice in how they want to deal with this. Commissioner Beckenbach stated when he was writing this up it was really about the fact that the Chair, at one time, told the committee that he would go and clarify and he never heard anything about the clarification, although it was supposed to come before the Commission. He stated when he brought it up the last time, at the last Commission meeting, no one said the Chair brought this up already and therefore we have already taken care of it. He stated what should have happened is that the Chair should have come to the Commission to clarify the charge, and the Commission should have had a discussion concerning that at that time. He stated he should not have had to write this up. He stated he agrees with them totally, but because it was not done in that manner, he wrote it up as such. He stated if the Chair does have a problem with a charge the Chair should bring it before the Commission because the Commission was the group that gave the charge. Chair of the Police Building Ad Hoc Committee, Jack Varney, who was in the audience, stated he had no problem with the charge and he does not like being misrepresented. Commissioner Mark stated she was not saying anyone interfered, she was saying that the proper protocol would have been for the Chair to come before the Commission. He stated if you have worked on any committees you know that at least the first meeting is spent on trying to agree on what you are supposed to do. She stated that is all part of the process, it is called storming. She stated then at the second or third meeting you start coming together. She stated it sounds like the committee has already worked out their own solution without this even having to be brought before the Commission. She stated she is not sure because she has not attended any of the meetings and, like Commissioner Daugherty, does not intend to attend any of the meetings. She stated her point was that there is proper protocol to be followed and that was her issue, it wasn't saying anyone was interfering with the process, but there were certain actions where it could be construed as that. Commissioner Daugherty further pointed out that since the committee did go through that and a presentation was made by Art Corsano that involved a hybrid plan, it seems to him that they did work it out and any action the Commission takes on this would just be sticking their nose into it. He stated he will be voting against this because he wants to keep out of their business and it seems like they worked it March 12, 2012 REGULAR COMMISSION MEETING Pate 9 out on their own by the fact that another plan was presented at that same meeting. He stated he supports the committee in the way they are doing business. Mayor Borno stated if this had come to the Commission from the committee he would certainly consider approving it. Commissioner Woods stated from what she read in the minutes, the Chair of the committee came directly to the Mayor and reported back that he had gotten an answer from him when in reality he should have come to the Commission. Chair Varney explained there was no time to come before the Commission. He stated the next Commission meeting wasn't until the next month and they had a meeting the next week and they wanted an answer. Commissioner Woods stated the Chair of the committee should have come to the Commission so they could have had the discussion and moved on. Mayor Borno stated he understands that but what happened was that he received a phone call and he did not say anymore than what was in the charge and told them to follow the charge. He gave them an answer and they proceeded; he didn't change anything. Commissioner Mark stated she believes the third point stands alone, although it does amend the charge as far as the time frame. She stated Commissioner Daugherty may agree with extending it if we need to but if he votes against the whole thing then that's it. Commissioner Daugherty stated they can always come back to us and request an extension. Votes: Aye: 3 - Beckenbach, Mark, Woods Nay: 2 - Borno, Daugherty MOTION CARRIED Commissioner Beckenbach • Congratulated DIG on their fundraiser where they raised over $2,500. • Looked at Rose Park and would like to discuss at a later meeting the possibility of speaking with the residents around the park to determine what they believe should be done. Commissioner Woods • Thanked everyone for going with the two dates for Strategic Planning which she believes will be helpful for everybody involved. • Piggybacking on a thought Commissioner Beckenbach had brought to the Commission regarding where one Commission meeting a month was for voting and one meeting a month was for talking, she stated she is still not sure she is comfortable with that. She suggested setting a monthly workshop to help them discuss things and thought they may be able to discuss this at Strategic Planning. • Stated when they were discussing how committees and boards are formed, Alan Jensen had sent out some information about a couple of standing boards we do have. She asked how they can look at those to make some changes, in particular, the Board Member Review Committee. She stated there are a very few people on that committee deciding who gets to be on all the boards and constantly replenishing them. She stated there are four people, a Commissioner, the City Manager, a citizen, and the Chairman of the committee, which seems to her too few people because it is really important to have a well- rounded representation on the committees. • Stated she hoped everybody is still riding the ferry. March 12, 2012 REGULAR COMMISSION MEETING Page 10 Commissioner Mark • Congratulated Staff for another excellent auditor's report. She stated it is a great reflection on the capabilities of our staff and their excellence. • Requested that the Mayor try to enforce Section 2 -19, Rules of Conduct and Procedure at Meetings, Rule #4, regarding speaking more than twice or more than 5 minutes and Rule #5, regarding interrupting other Commissioners without their consent, except by rising to a question of order. She stated, regarding Rule #4, she would request that the time clock, which is in view of the Commissioners in the back of the room, be utilized to assist with insuring adherence to that time requirement. She stated this will insure the meeting moves along as quickly and as efficiently as possible and keep the meetings to a reasonable length of time. Mayor Borno • Thanked Commissioners Mark and Woods for their attendance and attention to detail that has been going on with the ferry. He stated the task force has been going very good. He stated although he is not a formal part of the task force he is very supportive of it. • Thanked Staff for the great audit report. • Reported on the Mt. Pisgah AME church groundbreaking, stating it was a really good event. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:18 p.m. I Mike Borno Mayor /Presiding Officer ATT ST: 44 � Donna L. Bartle, CMC City Clerk