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6-25-12MINUTES REGULAR CITY COMMISSION MEETING June 25, 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 ABSENT: Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:32 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1.Approve the minutes of the Regular Commission Meeting of June 11, 2012. Motion: Approve the minutes of the Regular Commission Meeting of June 11, 2012. Moved by Daugherty, Seconded by Mark Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED 2.Courtesy of the Floor to Visitors. Mayor Borno recognized and gave the floor to Jacksonville City Councilman Bill Gulliford. Bill Gulliford, 75 Beach Avenue, Jacksonville City Councilman for Atlantic Beach gave an update on the ferry and suggestions on how the Commission and citizens might help. He explained that he, Representative Weinstein and Representative Adkins have talked to the Secretary of the Florida Department of Transportation on three occasions and they have made no commitment to them, although they believe the FDOT should be a major funding source for the ferry. He stated they suggested to the Secretary that if they came up with $300,000 of local funding they would approach them about matching that number. He stated consequently, they have not had a lot of people raising their hand saying can we give you that money so he is going to introduce legislation next week to get funding from contingency money the City of Jacksonville has in the amount of $200,000. He stated Mike Weinstein is going to make a pitch to the Port Authority this Thursday, telling them we will take the ferry back and asking them to kick in $200,000. He stated they will then approach FDOT and ask for a match. He stated the reality is that we have run out of time. He stated what they can do is to continue with the awareness and the broader base of support they can get from communities like Atlantic Beach and others has great value in approaching the Department of Transportation. He stated if Atlantic Beach kicks in a relatively small number to help them it would be beneficial to their efforts because he is going to list all the sources. He further explained some revenue sources. He stated the critical thing is that we have to save the ferry this year because once it is gone there is a reverter clause on the property that says if the ferry operation ceases the property goes back to the Strickland family and he believes, at that point, the ferry is a dead duck. He stated he doesn't know if he can get the $200,000 through the Jacksonville City Council but he is going to try and he has a great ally with John Crescimbeni and Ray June 25, 2012 REGULAR COMMISSION MEETING Page 2 Holt, who said he would like to co- sponsor that. Councilman Gulliford answered several questions from the Commission. A.Report by JFRD on ISO rating. City Manager Hanson explained he requested that someone from the Jacksonville Fire Department come tonight to explain a recent rating done by the insurance service office. He stated it is a big deal when you get an ISO rating, which is done by an outside company and it is not funded by any cities but is paid for by the insurance industry. He explained they rate your city insofar as fire departments and water systems and give it a grade, which is what they base fire insurance rates for your house on. He stated the fire department just received good news on a rating. He stated they have kept a rating of 3, which is extremely good on a scale of 1 to 10, with 10 being the worst. Operations Division Chief Chip Drysdale, 2051 Seminole Rd., further explained the ISO rating system stating Atlantic Beach is rated a 3, which is very good. He explained Jacksonville went to a split rating due to having rural areas in the county that are not getting the same protection as an urban or bedroom suburban community. He also explained the things ISO doesn't address, such as the EMS. He answered several questions from the Commission. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Edward Hogan, 9743 Saye Court, Jacksonville, addressed the Commission on behalf of Nautical Escapes, explaining he is the current manually propelled watercraft rental concessionaire at Dutton Island. He explained his background and his passion for the marshes. He requested the Commission consider allowing him to continue as the watercraft concessionaire for Atlantic Beach. Douglas Speed, 1207 Seminole Road, addressed the Commission stating he does not believe that, as a taxpayer, he would like to get involved with the ferry; he does not know why he is paying for a street cleaner for someone else's curb or street; he believes our sprinklers in the City should not be on during the rain; Arts in the Park is a nightmare and should be looked at closer; asked should the City be involved with an alcohol - related event like Dancin' in the Streets; asked who is paying for the water from the showers at the beach, stating they drip 24 hours /day; need to reevaluate the new police building better, as he does not believe this is a very good place logistically to put a police building. Priscilla Berry, 128 - Seminole Road, addressed the Commission stating she was concerned about safety in the alley off of Seminole Road where she lives. She stated due to the amount of vehicular traffic that ingresses and egresses through the alley and because the pedestrian traffic is so heavy it creates a real safety hazard. She explained there is an 18 -foot opening between the BP Station and the strip shopping center that faces Sailfish, which is where the majority of pedestrian come from. She stated she wants to close off the strip shopping center and BP station so pedestrians cannot walk through, to create a safer environment. She stated she realizes the City is not responsible for the alley as it is owned by the people who are property owners in there; but it seems like they could at least get City approval to put up a sign that says no exit or no turnaround, etc., which she and other property owners would pay for. Mayor Borno stated he would pass her concerns on and staff would be in contact with her. No one else 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. June 25, 2012 REGULAR COMMISSION MEETING Pate 3 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 Financial Report and the Recreation Programs /Special Events Report for May 2012. B.Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, to authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on -line applications on behalf of the Mayor and the City. C.Declare this list of property as surplus so that it may be disposed of in the most beneficial way to the City. Mayor Borno read the Consent Agenda. Commissioner Beckenbach pulled Item A. Motion: Approve Consent Agenda Items B and C as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED Commissioner Beckenbach asked if the rate of return for the Police Pension Investments and General Pension Investments was up to this point for the full year. City Manager Hanson stated that was just for the month. Commissioner Beckenbach asked if they have the figure year -to -date. Mr. Hanson stated he could get that for him. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED 5.Committee Reports None. 6.Action on Resolutions None. June 25, 2012 REGULAR COMMISSION MEETING Page 4 7.Action on Ordinances A.ORDINANCE NO. 20-12-116, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -12 -116 by title. Motion: Approve Ordinance No. 20 -12 -116 as read. Moved by Mark, Seconded by Beckenbach Mayor Borno summarized the amendments to the Ordinance. Mayor Borno opened the Public Hearing. Douglas Speed asked what the wind mitigation was. Mayor Borno explained this to him. No one else from the audience spoke so he closed the Public Hearing. Commissioner Daugherty stated he does not believe spending $75,000 for professional services for the visioning project is something they should do right now, explaining his reasons. Motion: Amend the motion to remove the $75,000 for professional services from Agenda Item 7A. Moved by Daugherty The Motion failed due to lack of a second. Commissioner Beckenbach asked if they could utilize the new redevelopment person for the visioning project so they could save some of the $75,000. Mr. Hanson stated the intention was that she would provide a significant amount of staff support for this during her first year, ultimately being our zoning person involved in a number of other things. Commissioner Daugherty explained why he will vote against the Ordinance due to the $75,000. Commissioner Mark addressed the visioning process stating she believes the $75,000 is an investment in the community. Mayor Borno stated this was a top item on Strategic Planning and the consensus was the sooner we get the results the more beneficial it is to the next Strategic Planning and agrees it is an investment. Votes: Aye: 3 — Borno, Beckenbach, Mark Nay: 1— Daugherty MOTION CARRIED 8.Miscellaneous Business A.Extension of Annual Contract for Portable Kayak Concession at Dutton Island Preserve. June 25, 2012 REGULAR COMMISSION MEETING Paae 5 Recreation Director Timmy Johnson explained the background of the kayak concession. He further stated he has received comments from other vendors who have expressed interest in providing the same service, although they did not send proposals in for the bid in 2010. He stated he recommends going back to the same vendor. Motion: Authorize staff to standardize Portable Kayak Concession at Dutton Island Preserve for all Kayak/Canoe vendors. Moved by Daugherty, Seconded by Beckenbach Commissioner Daugherty explained that he would like staff to come back with recommendations to create a program that would standardize the way we allow people to operate businesses on our island. Mr. Hanson stated they try to make sure that people who have money - making businesses in the City parks have some kind of agreement with us, particularly dealing with liability, etc. Commissioner Daugherty stated he believes it is responsible of the City to make sure the businesses have liability insurance and hold the City harmless in case anyone has an accident. He further stated he believes having several businesses promoting Dutton Island is better than one business trying to promote Dutton Island. Commissioner Beckenbach asked Mr. Johnson to clarify his comments about other kayak vendors showing interest and what his recommendation was. Mr. Johnson explained there were three other vendors who showed up but they never submitted a proposal and he verified that his recommendation was to extend the annual contract for Nautical Escapes since everybody had the opportunity. He stated everybody would get the same opportunity again next year. Commissioner Mark asked if we are opening this up to fifteen different outfitters, how are they going to have any kind of oversight of them and how are they advertising. She also stated we don't have a hard structure that a concessionaire could actually work out of on regular working hours so how would that work. Mr. Johnson explained we advertise for Nautical Escapes on Facebook and our website and, for anyone who contacts us, we give their name to Mr. Hogan. He stated they agreed not to put a facility on the island, but rather to give their name and number to Mr. Hogan who will show up and provide the services. He explained the vendor pays the City a fee of $280 for approximately 7 months. Discussion ensued regarding enforcing the vendors to have a license. City Attorney Jensen stated you cannot stop someone from anywhere using our public boat ramp. He stated they can make arrangements offsite to take people out there, rent their canoes and use our public boat ramp. He stated we are never going to be able to control that, but if we allow someone onsite in our park to set up and run their business from there, we can control that. Discussion ensued. City Attorney Jensen stated as he understands what they are talking about is the difference between having one authorized vendor onsite or allowing a standard form contract, such as we have for short-term rentals of Adele Grage, etc., where anybody can sign up provided they meet the requirements and they would be allowed onsite as well. Mr. Johnson stated that was correct and he believes that was what the Mayor was referring to also. Mayor Borno stated if they approve this it will authorize staff to standardize portable contract concession at Dutton Island Preserve for all contract canoe vendors. Mr. Hanson stated staff will come back with a report on what they would propose to do for the franchise requirements, what the fee would be, etc. Mayor Borno stated they should also ask staff to see if there are other areas, such as paddleboards, etc. to try to make it all inclusive. Mr. Johnson agreed they should do that. Commissioner Beckenbach stated he assumes that Nautical Escapes will continue until they come back with a decision. Mayor Borno stated his contract expires June 30, 2012. Mr. Hanson stated his contract say exclusive, so if they were to extend the contract they would be doing something opposite. He stated it would be inappropriate of the City to do June 25, 2012 REGULAR COMMISSION MEETING Page 6 anything to stop him from operating until we work out the details. He should be allowed to continue his business until they have this ready to go. Mayor Borno agreed. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED Mr. Hogan stated he has incorporated paddleboards to his rental fleet at Hanna Park. He also stated he made an extensive proposal to have a physical building at Dutton Island but because of permitting limitations, etc. it was not viable. He further explained his operation at Dutton Island, stating he provides instructions, logistical information, suggested itineraries based on the incoming/outgoing tides, etc. He stated in his 22 years in Jacksonville he has never had a claim and is very conscious about water and equipment safety. He stated he also provides each renter with topographical maps and marks the suggested and safest itinerary to avoid paddling against outgoing or incoming tides. Mayor Borno stated they were not questioning his professional ability and assured Mr. Hogan he is able to continue until they work out these contract deals. He stated he will have the ability to stay under that contract system and be a provider. Mr. Hogan stated, although he believes it is already off the table, he would appreciate it if they would consider allowing him to be the exclusive concessionaire for the last year. Mayor Borno stated that was already off the table. B.Local Business Taxes. City Clerk Donna Bartle explained the City has not increased the Business Taxes since January 1, 2009. She stated since renewal notices are scheduled to be sent out in early August, it is time to determine whether or not the Commission wants to raise the Business Tax rates. She further stated the proposed ordinance included in the agenda packet reflects a rate increase of 5% which is regulated by Florida Statutes and if the Commission agrees, it can be brought back on July 9, 2012 for a first reading. She asked the Commission for guidance. Motion: Direct staff to bring proposed ordinance back on July 9, 2012 for a first reading. Moved by Daugherty, Seconded by Mark Discussion ensued. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED C.Designation of voting delegate for Florida League of Cities Conference in Hollywood. City Manager Hanson explained the only elected official they have going right now is Mayor Borno. He stated this is the annual meeting where the League of Cities determines the legislative platform for the upcoming year. He stated the voting across the State is a portion based on the population of the cities and they need one person from each city to be able to vote for that platform so if we don't appoint someone to be our voting delegate then Atlantic Beach doesn't get a vote. Motion: Designate Mayor Mike Borno as the voting delegate for the Florida League of Cities Conference in Hollywood, Florida. Moved by Daugherty, Seconded by Beckenbach June 25, 2012 REGULAR COMMISSION MEETING Page 7 Mayor Borno stated he is on the Tax and Finance Committee, the Resolution Committee, Mayor's Nomination Committee and is President of Northeast Florida League of Cities. He appreciates being nominated. He encouraged each of the Commissioners to study for the future, because when he leaves next year they need to get involved in the Florida League of Cities. He stated the City of Atlantic Beach is a member of the Florida League of Cities and they need to be represented. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED D.Report on signage /public notification requirements for zoning changes. Building Official Mike Griffin summarized his staff report on the notice requirements for use -by- exceptions and variances, explaining the City Code currently only requires that the orange sign be placed in front of the property seven days prior to the meeting. He answered several questions from the Commission. Motion: Direct staff to submit ordinance revising public notice requirements for Community Development Board and City Commission hearings to be consistent with surrounding jurisdictions. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED 9.City Manager A.City Manager's Report. City Manager Jim Hanson reported the budget workshops are currently being scheduled and he will get them to the Commission soon. He further reported the Public Service Commercial the FDOT is filming is scheduled for Friday, June 29 on Plaza at Mayport Rd. He stated, regarding some comments about the discussion at the last meeting related to the police building, there is a report being prepared about the allegations made about the deliberate misrepresentation of information by our Police Chief and his staff, which will be available at the next meeting. He stated that and some other personal attacks on staff of the police department made at the last meeting and at several other recent forums have made him believe he needs to comment. He stated a public debate about the pros and cons of any project is absolutely legitimate, that is what democracy is all about and what these meetings are here for. He stated the cost of a new station versus encroachment on public parks versus the needs of our police department are all competing priorities and are the kinds of things that should be discussed in public meetings. He stated flogging the public staff is not a fair topic; it is not beneficial for solving the problem at hand nor is it to our benefit in the service levels in the long run. He stated a lot of people would say this is democracy and shouldn't public employees be fair game in all situations. He stated he does not believe that is the case, stating we need to differentiate between staff doing their jobs and staff trying to gain personally. As an example, he shared a story about a fire chief requesting a new fire truck. He stated if you villainize your June 25, 2012 REGULAR COMMISSION MEETING Page 8 staff for requesting something for their department, eventually you are going to get pretty poor performance. He stated in Atlantic Beach the debate at some of our Commission meetings has certainly become a pastime of a lot of people here, but there should be no public flogging of individual staff members when they are recommending what they think is best for the service they are trying to provide. He stated personal allegations are not acceptable and each of them on the dais should step in immediately, it's not just the Mayor's job to stand up and say hold it, that's not right. He stated Chief Classey did not know he was going to make any comments about this tonight but he was bothered by some of the recent exchanges about the police building and the sense that nobody can trust the police staff because they are prejudiced. He stated they are supposed to be, we are paying them to do that. He stated whatever is decided to do on the building is legitimate but they should not villainize anyone or say they can't trust them. In public meetings, they should be exchanging ideas and not insults. He stated there is no basis for claiming the police staff are not reliable simply because they find it inconvenient to build the building they want to have built. 10. Reports and/or requests from City Commissioners and City Attorney A.Revisit policy of requiring Commissioners to pay for records requests. Commissioner Beckenbach explained he was charged to get copies of the documents that were given to the Police Building Ad Hoc Committee, which he had requested in order to make a decision on the building. He requested that the Commission change the decision to charge Commissioners for this type information. City Manager Hanson stated he agreed with Commissioner Beckenbach that anything given to a board or committee that a Commissioner wants in order to make a decision the Commissioners should not have to pay for. He explained the background of the adoption of this policy. He also stated anything we have electronically can easily be sent. He stated it is different if it needs to be copied; there are print costs, etc. Commissioner Beckenbach asked if the City is putting everything electronically out for the citizens and Commissioners. Mr. Hanson stated we put a lot out there electronically, but not everything because that would be vast amounts of server capacity. He reiterated that he agrees that anything a Commissioner wants that is given to a board or agency of the City for their purposes should be available to them. He stated they can ask the City Clerk and/or City Attorney to work on something and bring it back to the Commission. City Clerk Bartle pointed out that the Florida Statute does not say 15 minutes, it says reasonable. She stated she didn't want them to think we are stuck with the 15 minutes. B.Appointments to the Cultural Arts & Recreation Advisory Committee. Commissioner Daugherty stated the Board Member Review Committee recommended the following and he would make the motions to follow their recommendations: Motion: Reappoint Tammy Lally, Chris Garrard, Lynne Knecht Roskein and Jolyn Johnson to serve an additional term on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2012. Moved by Daugherty, Seconded by Mark Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED June 25, 2012 REGULAR COMMISSION MEETING Page 9 Motion: Require that all recommended appointees and current members of the Cultural Arts and Recreation Advisory Committee have a criminal background check done prior to Commission approval to appoint or reappoint. Moved by Daugherty, Seconded by Mark Answering an inquiry by Mayor Borno, Chief Classey explained the criminal background checks vary according to what you are running the background check for. Timmy Johnson further explained the various background checks and the cost for the one they would require is $40 and takes approximately one week to complete. The cost for the background checks will be paid by the City. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED Motion: Appoint Jay Shoots to serve as a new member on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2012. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 0 MOTION CARRIED City Clerk Bartle asked how to handle the fact that they are doing background checks, as related to sending out the letters. Mayor Borno stated they will wait on the letters until the background checks come back and directed Mr. Johnson to call the reappointees /appointee regarding the background checks and to get them started on their paperwork. Commissioner Daugherty Encouraged the new Commissioners to go through the budget and be prepared for the budget meetings. Distributed the initial plan for Rose Park to the Commission and showed a board of same for the audience and explained the proposed changes. He further explained he will be meeting with the apartment complex adjacent to the park, as well as others in the neighborhood asking for their input on the park. He asked that the meetings be posted so other Commissioners could attend if they wish. He explained the budget for the park will come from the half cents sales tax funds or the bed tax funds, stating the estimated cost will be $100,000- $150,000. Stated he has received comments from the community regarding the appearance of some of our police officers. He stated he believes it is not professional for police officers to be sporting tattoos. Commissioner Beckenbach Related to Mr. Hanson's comments on the discussion on the police building, he did not believe he heard the negative comments that he heard. He stated as far as the building is concerned, from the time he was running for office, it was discussed that it may be too large and a lot of people ended up saying what they thought. He stated people are allowed to say what they want but he doesn't believe any of the Commissioners were up here being negative in any way and were only discussing the building itself. He stated if they are out of order he knows the Mayor will tell them that and if it is him, he assures him that he will apologize to whoever he is insulting at that moment. Mr. Hanson June 25., 2012 REGULAR COMMISSION MEETING Page 10 stated he was not addressing his comments at him particularly but would agree that comments are received differently depending upon who they are about. He stated there were a number of comments made at the last meeting that he felt were derogatory to the reputation of the police. He agrees that most of the subjects they are debating here are legitimate but they don't need to villainize City staff. Commissioner Beckenbach stated he totally agrees and believes the Commission will pay attention tothatalittlemoreclosely. Commissioner Mark Will attend the FLC Conference in August. Mayor Borno asked her to contact Nancy in the CityClerk's office. Regarding the Robert's Road ditch, she wants to schedule a meeting with the residents there along with an engineer from CDM to give a presentation on the different solutions and to get their feedback. She would like to do this before budget meetings because this would be an item they would need totakeintoconsiderationforthe2012 -2013 budget. She asked for guidance from staff on how to proceed with that type of meeting. She stated she would leave it open to the other Commissioners as to whether they want to attend. City Clerk Bartle stated she has to know ahead of time if more than one Commissioner will attend and if there will be more than one are the others going to refrain from speaking. She stated if they speak it will involve someone being there to take minutes. She stated this needs to be preplanned, not say if you want to attend go ahead, because it needs to be noticed properly and someone has to follow up with minutes. She asked that they keep that in mind for any type of meeting. Mayor Borno stated if they go, don't say anything, then they don't have to tie up staff and have minutes. He stated they need to make a determination before they get into the final meeting. Stated Commissioner Woods sent an email about having a workshop regarding the community visioning. She suggested having the workshop at 5:00 p.m. prior to the July 9 Commission meeting. Received two emails requesting access to Dutton Island earlier than the current opening time of 8:00 or 8:30 a.m. Mr. Hanson stated normal hours are dawn to dusk. He stated for us to open the parkearlierwewouldhavetopayovertimeforsomeonetocomein. Mayor Borno Addressing opening the parks for two or three people, he does not believe it is reasonable to pay overtime to open the parks earlier. Requested putting an action item on the next agenda to consider a token contribution to support theferrywitharecommendedsource(s) of where the funds could come from. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjournedat8:49 p.m. 111;.- L ettAfriA Mike Borno Mayor/Presiding Officer ATTEST: 4oini to &h Donna L. Bartle, CMC City Clerk