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7-9-12MINUTES REGULAR CITY COMMISSION MEETING July 9, 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. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1.Approve the minutes of the Regular Commission Meeting of June 25, 2012. Motion: Approve the minutes of the Regular Commission Meeting of June 25, 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. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Lou Keith, 1845 Tierra Verde Drive, addressed the Commission, stating he was here to provide confirmation of the comparative square footage for Mt. Dora and Daytona Beach Shores provided by the minority members of the Police Ad Hoc Committee on June 11, 2012. He stated he had two as -built architectural floor plans of Mount Dora and Daytona Beach Shores, drawn by ADG and provided by the building departments of both cities, which are to scale and precisely correct. He stated the minority members would like to invite Chief Classey, Art Corsano and Mike Griffin and any interested Commissioners to join them and review a complete set of full scale blueprints to determine the actual square footage of Mt. Dora and Daytona Beach Shores. He stated they are concerned citizens who want to make sure Atlantic Beach and the police get the station they need in concert with the City's finances, long range plans and vision of the future. He further reminded them that Daytona Beach Shores is a public safety building that is all inclusive. He stated their police are police officers but also EMTs and firemen. He stated why this building was picked as a comparison, he doesn't know, and asked why we would leave out our sister city of Neptune Beach for comparison. Bill Mayhew, 1870 N. Sherry Drive, addressed the Commission regarding the pension plan stating he urges they freeze these plans and adopt reasonable defined contribution plans. He stated the City did not have a pre- employment agreement with each employee, they provided a pension plan and that pension plan has not worked out. He stated he believes if no change or little change is made in these pension plans the union wins. He stated every year they drag these negotiations out it is another year of vesting, another year of millions of July 9, 2012 REGULAR COMMISSION MEETING Page 2 dollars of contributions that go into these employee plans. He stated it is to the union's advantage to drag them out as long as they can and to make as few changes as they can. He stated, yes, the sky is falling. Steven Tocknell, 3643 Oak Street, Jacksonville, Chairman of the Jacksonville Bicycle Pedestrian Advisory Committee (BPAC) and an Advocacy Director for the Florida Bicycle Association, stated he is pleased and gratified to learn about the pedestrian/bicycle safety report and was in attendance to listen to that report and the Commission's response to it. He pointed out that the City of Jacksonville is facing a master plan update for its bicycle plan, which he understands is being led by the North Florida Transportation Planning Organization and that Mayor Borno is the Vice Chairman of that organization. He stated BPAC is very interested in playing an active role and invite additional membership on their advisory committee on behalf of the beaches area. He stated he extends that invitation to the City of Atlantic Beach tonight as well as to the other beaches communities. 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. Mr. Hanson reported the annual year -to -date rate of return ending in May for the police pension fund was 7.3% and for the general pension fund was 9.3 %. He further reported on the requirements for canoe and kayak vendors to operate on Dutton Island which sets forth minimal levels of insurance, a hold harmless agreement on behalf of the City of Atlantic Beach, minimum requirements for instructor training and an annual fee to be paid to the City of $200 /vendor. He stated if the Commission had any input they would try to incorporate it. Commissioner Daugherty asked if this was just for kayak vendors. Mr. Hanson stated it was for canoe and kayak vendors. He stated they can discuss licensing of other professions. Commissioner Daugherty asked if the City will have any form of advertising for the vendors. Mr. Hanson stated they had discussed a sign post where they can put their name and phone number but they would probably need the approval of Florida Communities Trust, which provided the grant to acquire that land, for any alterations. After further discussion, Mr. Hanson stated staff will bring back examples of signage. Discussion ensued regarding adding other vendors, such as fishing guides. Commissioner Mark asked to add the following to the requirements: Vendor shall only use designated launch sites; Vendor shall not enter into any environmentally sensitive areas and shall avoid any adverse impact on the environmentally sensitive areas; and Vendor shall notify the Parks Department of any scheduled tours at least 24 hours prior to conducting any tours. Commissioner Woods stated she believes they are just creating a lot of red tape and her philosophy is always just keep it simple. She would like to see them make it as easy as possible for people to enjoy the marsh without creating damage. 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 July 9, 2012 REGULAR COMMISSION MEETING Page 3 CONSIDERED SEPARATELY.SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A.Acknowledge receipt of Monthly Utility Sales Report and List of New Businesses for June 2012. B.Declare this list of property as surplus so that it may be disposed of in the most beneficial way to the City. C.Award Donner Park Improvements CDBG 2012: Pervious Parking Lot Construction, Bid No. 1112- 05. D.Approve the Fifth Revised Interlocal Agreement among the City of Jacksonville, FL; the City of Atlantic Beach, FL; the City of Jacksonville Beach, FL; the City of Neptune Beach, FL; and the Commander, Naval Region Southeast, U.S. Navy for conduct of the Jacksonville Sea and Sky Spectacular and authorize the City Manager to sign the agreement. Mayor Borno read the Consent Agenda. Commissioner Daugherty asked to pull Items C & D. Motion: Approve Consent Agenda Items A and B as read. Moved by Beckenbach, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty asked what the budget was for Item C. Public Works Director Rick Carper explained the original budget was around $80,000, but none of the bids came in at that budget so the City moved funds from the UTIP program to meet the low bid. Commissioner Daugherty asked if they are doing this parking because we are looking at expanding ABAA league to Donner Park. Mr. Carper stated that is one of the reasons, but there is insufficient parking right now when there are events going on and this is to add more stabilized parking to the area. He showed a slide of the site plan of the area explaining the improvements. He answered several questions from the Commission. Commissioner Woods asked what the net gain of parking is. Mr. Carper stated the net gain is 20 spaces. Discussion ensued regarding using this money in other ways with Mr. Carper explaining it is a very long and involved process to change the contract with the City of Jacksonville. Related to Item D, Commissioner Daugherty stated he had asked Mr. Jensen before the meeting about whether indemnification language was necessary. Mr. Jensen stated this is just an agreement between the sponsors of the event setting forth what their contributions are, responsibilities and duties. Motion: Approve Consent Agenda Items C and D as read. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED July 9, 2012 REGULAR COMMISSION MEETING Page 4 5.Committee Reports None. 6.Action on Resolutions None. 7.Action on Ordinances A. ORDINANCE NO. 45-12-21, Introduction and First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, AMENDING SECTION 20 -59, SCHEDULE OF FEES; PROVIDING AN EFFECTIVE DATE. Mayor Bomo read Ordinance No. 45 -12 -21 by title. Motion: Approve Ordinance No. 45 -12 -21 as read. Moved by Daugherty, Seconded by Beckenbach Mayor Bomo explained the Ordinance, stating it is an increase in business taxes of 5 %. Commissioner Woods stated she would feel more comfortable if she thought business was up 5 %. She stated she believes it is a funny time to be raising taxes. Commissioner Beckenbach asked don't we go to the citizens for input on an ordinance. Mayor Borno stated we do that on the second reading in the public hearing. Commissioner Daugherty stated since this is a tax increase, he believes we should give more notice to businesses than just advertising in the paper. Mayor Borno stated it will be picked up by the press and is on the website as part of the agenda packet. City Clerk Donna Bartle stated the full ordinance was also on the last agenda so this is actually the second time they have seen it as an ordinance but it was not a first reading the last time. Motion: Defer until the next meeting. Moved by Beckenbach Motion failed due to lack of second. Commissioner Mark stated this comes back as a second reading which is when they will get public input. Commissioner Beckenbach stated he wanted it deferred so he could go out and speak to people and they will have two meetings to say something. Mayor Bomo stated the motion died, they can't come back again. He stated he should keep in mind this is just the first reading of the motion, it is not something that is mandatory, but has been brought to the Commission for their consideration to decide if they want to do it. City Clerk Bartle explained the reason she wanted the first and second readings of this ordinance this month is because she will be sending out renewal notices the first part of August and wanted to have the correct rates when the renewals were sent out. July 9, 2012 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 3 — Borno, Daugherty, Mark Nay: 2 - Beckenbach, Woods MOTION CARRIED B.ORDINANCE NO. 33-12-18, 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, BY ADDING A NEW SEC. 2 -22, VOTING DISTRICTS, TO ESTABLISH THE BOUNDARIES OF THE FOUR DISTRICTS FOR SEATS TWO THROUGH FIVE OF THE CITY COMMISSION AND RENUMBERING SAID DISTRICTS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 33 -12 -18 by title. Motion: Approve Ordinance No. 33 -12 -18 as read. Moved by Daugherty, Seconded by Woods Mayor Borno explained the maps included in the agenda packet, which were also shown on the overhead projector. Commissioner Daugherty presented a proposal to amend the drawing, explaining the change on a drawing on the overhead projector. Motion: Amend Ordinance with the redrawn plan. Moved by Daugherty, Seconded by Woods Mayor Borno stated if this amendment is approved the Ordinance will have to come back again as a first reading. Discussion ensued regarding the changes. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Woods Nay: 1- Mark MOTION CARRIED Mr. Jensen stated there is still a motion on the floor to approve the ordinance, the Commission has approved an amendment to the ordinance. He stated they need to take action on the original motion, even if it is just to defer it or withdraw the motion. Motion: Withdraw the original motion and direct staff to bring back as amended for a first reading at the next meeting. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8.Miscellaneous Business July 9, 2012 REGULAR COMMISSION MEETING Page 6 A.Public Hearing on proposed amendments to the 2020 Comprehensive Plan regarding Naval Station Mayport. Building and Zoning Director Mike Griffin summarized the staff report explaining the amendment. He stated the Community Development Board found the policies consistent with the Comp Plan. He showed the area in question on an overhead slide. He introduced Matt Schellhorn, the Community Planning and Liaison for NAS Jacksonville/NS Mayport, stating he would answer any questions they may have. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Mr. Schellhorn explained he can only make recommendations to us, it is up to the City to make the final determination. He stated his recommendations are based upon the safety of the public. He stated he has been working directly with Erika Hall on this and she has done a wonderful job. He answered several questions from the Commission. Motion: Direct transmittal of proposed amendments to the adopted 2020 Comprehensive Plan in accordance with Chapter 163, Florida Statutes. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B.Report on Intersection of East Coast Drive and Third Street. Chief Mike Classey summarized his staff report explaining why staff does not recommend adding a 4 -way stop sign at the intersection as well as what has been done to improve the line of sight and signage. He answered questions from the Commission. Commissioner Beckenbach recommended the police send some patrol cars to the area to slow the cars down. C.Insurance Broker of Record for City of Atlantic Beach for Employee Benefits and Property /Casualty Risk Management Services - RFP No. 12 -02. Human Resources Director Sue Danhauser explained her staff report, the ranking system and stated staff recommended moving the broker of record to Harden & Associates, a local firm in Jacksonville. Motion: Award contract to Harden & Associates to act as the City of Atlantic Beach's Broker of Record for employee benefits and property /casualty & risk management services and authorize the City Manager to sign the contract. Moved by Woods, Seconded by Mark Commissioner Daugherty asked what the commission numbers were from the other companies who submitted proposals. Ms. Danhauser stated some did not include those figures but she has them for those who provided them. Commissioner Daugherty asked if Harden was the lowest. Ms. Danhauser explained, not in all cases, there was a firm from S. Florida who had no clients in the N. Florida area that came in at a lower rate but she does not believe we would get the customer service from them due to their location. She stated the top two firms have quoted a commission rate or a flat fee to service our account. She explained if July 9, 2012 REGULAR COMMISSION MEETING Page 7 they go with a flat fee it becomes a line item on the budget and if they go with the commission rate it goes into the premiums. Mr. Hanson stated it is the same price to the City either way and they haven't come to a final conclusion as to what would be best for the City long -term. He stated they were just hoping to get the broker approved. Commissioner Daugherty asked if there was a timeframe on this decision because he believes there are some unanswered questions. He stated he would like to defer to the next meeting. Motion: Defer to next meeting. Moved by Daugherty, Seconded by Beckenbach Mayor Borno explained a motion to defer is non - debatable and if they want to discuss this any further they will have to clarify that. Commissioner Daugherty withdrew his motion to defer. Commissioner Beckenbach withdrew his second. Mr. Hanson added that a very important service of an insurance broker is trying to take up for the employee when the insurance company is not being easy to deal with. He stated he believes it is absolutely critical to have a broker with a local person. He explained the person for Harden who would be dealing with the City employees is an Atlantic Beach resident. Commissioner Woods stated in looking at the matrix she believes staff has chosen the right firm as long as they believe the rating criteria is correct. Commissioner Mark asked about the second choice, Gallagher. Ms. Danhauser stated they have an office in Ponte Vedra but most of their staff is in S. Florida. Commissioner Mark asked what the trend of the industry is for going with commission based rates or a flat fee. Brooks Faison, Sr. Vice President of Harden & Associates, 120 S. Beach Drive, St. Augustine, explained the industry standard for groups of this size ranges from 4 -6% on medical. He stated on other lines, such as dental and life and disability it runs between 8 -12 %. He stated the majority of their municipal clients are on a commission basis. Commissioner Woods asked if this contract is negotiated yearly. Mr. Faison stated they offered a three -year contract but it can be an annual contract. Mr. Hanson stated he would prefer it be a three -year contract. He explained Ms. Danhauser went to a lot of trouble to get the proposal in and go through the process, stating it is something they prefer not to have to do every year if they are doing an adequate job, which he has every expectation that they will. Commissioner Woods stated with that being the case she believes a flat fee would benefit us for three years over time, unless they think they could negotiate our insurance rates down a lot. Mr. Faison stated he would not be able to promise that but their job is to keep them as low as possible. Discussion ensued. Commissioners Daugherty and Beckenbach explained their reasons for requesting a deferral. Motion: Defer to next meeting. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 3 — Beckenbach, Daugherty, Woods Nay: 2 — Borno, Mark MOTION CARRIED July 9, 2012 REGULAR COMMISSION MEETING Page 8 Mayor Borno stated he would highly suggest that instead of feeling they have to thoroughly break down and explain these things, if the Commissioners would read their agenda package, that is where you generate your questions from. He stated they constantly keep going back to these things and we have to explain them in infinite detail and we are just not getting anywhere. Commissioner Daugherty agreed. D.Report on the Square Footage Comparisons provided to the Police Building Ad Hoc Committee Chief Mike Classey stated, during the June 11 committee report to the Commission, there were statements made by the minority members that the Police Department or ADG misrepresented the square footage sizes of three police departments that were provided to the committee. He stated following that report Commissioner Daugherty asked for a follow -up report from staff regarding the statements that there were misrepresentations made. He stated the purpose of this report is not to debate the square footage need or size of a police facility it is merely responding to Commissioner Daugherty's request. He further explained the background of the floor plans and square footage data collected, stating following the statements that there were misrepresentations made they went back and rechecked the information. He stated a table is included in the report of the information presented to the committee, what was presented in the minority report and what they re- verified since the June 11 meeting. He pointed out, and took complete ownership and responsibility for, that the Orange Park Police Department was reported at 18,421 s.f. He stated he was unaware that included fire. He stated that number was not subtracted out, which was an unintentional mistake, but the actual square footage is now shown in this report. He stated, however, Mt. Dora and Daytona Beach Shores were reported exactly accurately, not as was reported in the minority report. He further explained how they got the square footage information for these buildings. He stated there were no misrepresentations made by himself or his staff to this committee and certainly wouldn't be something that they, as professionals, would do. He stated they are not going to compromise their personal reputations or integrity to make such misrepresentations. Chief Classey answered questions from the Commission. Commissioner Daugherty recommended they schedule a workshop to get this rolling and whoever they have advising them should be independent. Discussion ensued. Commissioner Beckenbach agreed they should have a workshop and as far as the square footage he believes the Chief should sit down with the group he is concerned about and ask them how they came up with their square footage. Chief Classey stated he would welcome the opportunity and was surprised they didn't ask him where he came up with his numbers before making statements that misrepresentations were made. He stated that is offensive. He stated he is human and mistakes might be made but when you publicly make statements about misrepresentations, in his book, that is somewhat serious. Mayor Borno agreed with Chief Classey stating it is common courtesy to talk to people without turning around and trying to make it a public issue. He stated these buildings were put forward to take a look at a modern police facility, regardless of how many people work there, what service they provide, etc. He stated that was the reason they visited those facilities, not square footage or anything else. He agreed they need to go to a workshop. Commissioner Woods stated it seems the mistake was in looking at the building for one purpose, to look at a modem facility, and then trying to extrapolate the square footage and the different uses they have in these buildings. Mr. Hanson stated the Commission has agreed the next step will be a discussion as part of the budget workshops. He stated the only reason Chief Classey brought this up tonight was the question of the misrepresentation, not to debate next steps or the size. He stated the Commission has asked that he get some prices on Mayport Road properties and look at it in terms of the money available and then that would be an appropriate time to talk about the next steps. July 9, 2012 REGULAR COMMISSION MEETING Page 9 E.Report on Pedestrian/Bicycle Safety. Chief Classey summarized his report explaining the criteria reviewed and pointing out the highlights. He stated we do have a problem in that there are too many accidents and they have increased quite significantly over the three -year period this report covers. He also stated he spoke with the FDOT District Engineer subsequent to submitting this report and they are going to look at some of our intersections. He stated some of staff's recommendations which may reduce the number of crashes were education and enforcement. Chief Classey answered several questions from the Commission. Discussion ensued. 9.City Manager A.City Manager's Report. City Manager Jim Hanson reported during the two latest alcohol deployments one had no businesses selling to minors and the other had one business sell out of 18 checked. He further reported staff has now added pictures of animals picked up by the Animal Control Officer on our website. He stated they also list the description of the animal, the date and location they were picked up. 10. Reports and /or requests from City Commissioners and City Attorney A.Contribution to ferry. Mayor Borno stated Vice President Gulliford explained at our last Commission meeting that the key to salvaging the route of SR A1A across the St. Johns River is participation and support from private and public partnerships. He proposed that Atlantic Beach support this with a one -time contribution from our General Fund of $5,000. Motion: Contribute $5,000 from the General Fund to the St. Johns River Ferry. Moved by Borno, Seconded by Mark Commissioner Woods stated she would like to earmark some of that money to go toward tourism. Mayor Borno stated he believes the money should go toward the $600,000 needed to keep the ferry in business for the next year which will give the task force time to complete the work they are doing with Tallahassee and other elected representatives, etc. Discussion ensued. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty Wants to keep community visioning in -house as much as possible. Has been meeting with some groups regarding Rose Park and a neighborhood watch program. Stated he is circulating a survey for community feedback from that neighborhood and will have that available for the next meeting. Stated he has another meeting this Saturday in Aquatic Gardens to talk about neighborhood watch programs. July 9, 2012 REGULAR COMMISSION MEETING Page 10 Commissioner Beckenbach Asked Commissioner Mark about the meeting she was going to arrange and asked that she let him know when it is decided on. Discussion ensued whether they have to notice these meetings. Mr. Hanson stated the direction they have gotten from the City Attorney is if two or more Commissioners are coming and no one else is advertising it, we need to advertise it. Mayor Borno stated also if two or more Commissioners speak there must be minutes, according to the Sunshine Law. City Clerk Bartle stated we don't have to put it in the paper but it needs to be posted on our bulletin board for preferably at least two days and it should be posted on our website. Commissioner Woods Commented on the water loss being down to 5.5 %, saying she was sorry that Donna Kaluzniak was not here tonight. Regarding Facebook, stated we should talk about our parks and ecotourism on the website with a comment such as, ride the ferry over, join the ecotourism boat. Commissioner Mark Stated the weekend parking on the beach access roads is horrible and creating a safety hazard. She suggested they put more police on bicycles to ticket the cars. Stated she is not a proponent for ticketing but she is a proponent for safety. Understands they as Commissioners need to be comfortable about decisions they make up here but they also need to trust the staff who have done the due diligence on these projects and are bringing their recommendations back to us. To just defer because we didn't have that extra 8 hours, or whatever time it takes to review or ask staff, gets a little frustrating in trying to move forward on some of these issues. Stated she requested and has the results of the Beaches Habitat survey that was specifically targeted for the Donner area. She stated with Commissioner Daugherty surveying Aquatic Gardens and his other research this may be helpful in augmenting whatever he gets from those residents. Commissioner Daugherty stated his survey was specific to Rose Park and the meeting in Aquatic Gardens is just talking about neighborhood watch groups. Mayor Borno stated he would like a copy of the survey. Mayor Borno The FDOT film crew was ecstatic with our police department while filming on Plaza and Mayport Road. There are 80 sea turtle nests in Duval County and 45 of those nests are in Atlantic Beach. He stated the Sea Turtle Patrol is hurting for money and sponsorships so if anyone wants to sponsor a nest they should go on their website. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:09 p.m. 17 Mike Borno ATT ST:Mayor/Presiding Officer 0/1414 eaViRe Donna L. Bartle, CMC City Clerk