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8-27-12 MINUTES REGULAR CITY COMMISSION MEETING August 27, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark Chief Mike Classey Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods ABSENT: City Manager Jim Hanson Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Special Called (Shade) Meeting and the Regular Commission Meeting of August 13, 2012. Motion: Approve the minutes of the Special Called (Shade) Meeting and the Regular Commission Meeting of August 13, 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. Michael Kring, 1580 Selva Marina Drive, addressed the Commission regarding bicycle and traffic safety, stating he believes the bicyclists' behavior hasn't been all that good and there is a lot of room for improvement. He also discussed the agenda item on Selva Marina Country Club, stating he was discouraged with Atlantic Beach for changing the property zoning of that from recreation. He stated that was a deeded property to that group of trustees to keep it as a golf country club and it was sad that decision was made. He stated he believes the City, in looking at the property, has to look at the true value to the community of having the open space and hopes the City can work with the country club to make something happen. Richard Selby, 3 Forrestal Circle N., addressed the Commission regarding his dissatisfaction with the Mayport Road median area. He stated they need more businesses in this town. He also addressed the visioning plan, stating it is unnecessary. He stated they have already spent all this money on architecture for a new police station, which was wasted money, and asked when they are going to wake up to the simple fact that they need businesses in this town. He stated if they don't have businesses they all can look at their tax August 27, 2012 REGULAR COMMISSION MEETING Page 2 bills going right through the roof. He stated he has watched three regimes here and they are all so disappointing, it is beyond belief. Bill Mayhew, 1870 N. Sherry Drive, stated he was sorry the City Manager was not here. He stated he understood the City Manager talked about him in a meeting the other day when he was not there so he guessed turnabout is fair play. He stated the City Manager said he made a mistake in stating that the actuarial costs of the pension plans was $150,000, when it was in fact only $8,000. Mr. Mayhew explained his point was the $85,000 received from the State to support the Police Plan was far less than those costs. He stated he did misspeak and he apologized. He stated what he should have said was that the expenses of running both pension plans was $186,000 last year, far exceeding the $85,000 we get from the State. He gave a handout to the Commission that summarizes that. He stated he believes for the City Manager to say it was an $8,000 expense was a misstatement on his part and if he were here he would ask him for an apology. He further stated he believes there are some serious problems with the budget process as capital expenditures are mixed in with operating information on certain accounts which makes it impossible to understand what's going on. He stated that the public not being allowed to speak at budget meetings needs to be changed because this is their City and they should have a right to get up and speak. He further discussed the City Manager's employment agreement which was sent to him recently. He stated that renews within the next month or so and the agreement says there should be a salary review each year. He stated he hopes they would make that into a formal written performance evaluation each year, and wanted it available to the public before it is done and the results available to the public after it is done. He stated we are paying this man over $180,000 /year in salary and benefits and in addition to that he gets 31 days off for personal time, 11 holidays, and can take up to 10 hours /week for personal consulting off this job, which is 1.2 days per week. He stated he doesn't know how many he has taken. He stated if you add all of those up he can take 90 work days off a year. He stated in private business talk if you say you get a week's vacation, you get 5 days off; two week's vacation, you get ten work days off. He reiterated if you add up all the work days off that the City Manager gets it is over 90 days possible, which is 18 weeks or 4 months in private business talk, so the man only has to work 8 months /year if he takes all his consulting time. He stated he doesn't know whether he does or doesn't. He stated he believes it is ridiculous to have an agreement in place like that. He further stated the City Manager gets comp time and can sell back his unused hours to the City like an hourly paid employee. He stated he is supposed to be the Chief Executive of the City, he is not supposed to be treated like an hourly employee and sell his hours back. He stated he believes for a man making that kind of money he should be giving 110% of his time to the City; he should not be consulting or selling time back. He asked that they please not ignore this and take it seriously and look into his contract and performance review and get it on the agenda. Nancy Whittington, 1861 Beachside Ct., expressed concerns about visioning and financial issues. She stated, as related to visioning, the consultant bid seems a bit premature when you look at the timeline of 6 -8 months plus the time to bid. She stated you are talking about the next Commission, so who is going to be implementing this. She asked that they also consider Commissioner Daugherty's idea of doing a workshop because they are already in the process of budgeting right now. She stated they should fix their current processes before they add another process. She stated she is very concerned about the fact they are spending $75,000 on this effort, or at least have that in the budget. She suggested rolling that forward and take that budget money and not raise their taxes. She stated that would be a great symbolic move for this Commission to say you are not going to roll -up our taxes this year, we can live within our means. She stated then when you come back and say you need more because of tipping fees, etc. the citizens will be ready to believe you, but you have to show them by putting your money where the citizens can trust you. She stated all she is asking with this visioning issue is that it needs to be delayed, especially since they have a person on staff who can do this. She further requested a Budget 101 for dummies, stating she looks at the financial statements month to month and realized it is very difficult to take the information and track it down to a programmatic level. August 27, 2012 REGULAR COMMISSION MEETING Page 3 Steve Kallao, 552 Dutton Island Rd., reported on a meeting he had with Chief Classey, Rick Carper and Mike Griffin where they compared the blueprints used to determine the square footage of the police stations in Mount Dora and Daytona Beach Shores and the small -scale floor plans that Chief Classey and Art Corsano used. He stated they came to the conclusion they were all using the same plans, just different scales and determined there were certain discrepancies in square footage due to inclusions by Chief Classey and exclusions by the dissenting committee members, which he explained. He stated, regardless, it is time to move on to more important matters of what the police need and what the City of Atlantic Beach can afford. He suggested the formation of a workshop to examine what options are open to the City, including a possible Mayport Road site and addition/remodel to the existing police station. He further stated that Chief Classey assured him that the police building comparison presentation to the committee was never intended to justify square footage, but just to give examples of a modern police station. Michael Hoffmann, 176 Camelia Street, thanked the three Commissioners who came over to Donner last week to meet with them. He also commended Commissioner Beckenbach for his interest in bringing the public's opinion into the budget discussions. He stated it may turn out to be too confusing and chaotic but he would like to see them at least try it. He further proposed a line item to be added in the budget for a $2,500 matching beautification grant for a fountain in the retention pond on Mayport Road adjacent to Fleet Reserve. He stated he has a reliable donor for the $2,500 matching funds, who also has the backing of the Fleet Reserve where he is a member. He presented this proposal to the City Clerk. Mayor Borno stated he would call him. Susan Perry, 179 Pine Street, referring to an email she sent the Commission, she stated she is under attack by her neighbor. She related the various incidents that have occurred. She stated the neighbor was arrested for one of the incidents but it was a misdemeanor charge and she stated she is sure it will be dropped and he will be back. She stated this has all been done under the auspices of the owner of the unit and the Atlantic Beach Police Department. She stated the officers treat her with disdain. She stated she has an injunction for repeat violence against this man which she obtained in May. She stated the Police Department can't find it; she had to provide it to them again. She stating following her tires being slashed in February, an officer arrived and spoke to her and her neighbor, after which he came back to her stating this isn't one - sided, you have problems with people. She asked why that pertained to this issue, stating it finally culminated when the officer said, you better shut your mouth, several times. She stated she is not the suspect, she is the target of this. She stated she showed a video to two officers when her neighbor threatened her and they laughed at it. She stated ten days later her upstairs window was broken. She related several other incidents, stating she is under attack by this domestic terrorist. She stated these officers chastise her, berate her within earshot of her neighbor, which emboldens him and he continues to perpetrate these acts, under the auspices of the owner who equally despises her. She stated she believes the police department needs to be thoroughly reviewed by an outside source, such as someone from the Governor's office. John November, 647 Beach Avenue, stated the Ferry Fest was just awesome; it was a great time. He further stated the vision the City needs to have for the Mayport Corridor is very important and spoke in favor of a water feature for Rose Park. He stated it is very valuable to have that park be as nice as Bull Park. He stated that fits into the overall vision for why we need a vision statement for our City. He stated the big thing this consultant could do is talk about the future of our parks, stormwater, wastewater, etc. He also stated he sees no negatives to citizen participation during workshops and if it doesn't work, stop it. He stated he believes they have to explore the possibility with Selva Marina and make sure they not let that property disappear. Mitch Reeves, 1663 Sea Oats Drive, addressed Item 10C, stating he is a stockholder of Selva Marina, was a member for many years and served on the executive committee and the board of directors. He would love to August 27, 2012 REGULAR COMMISSION MEETING Page 4 see that club saved but does not believe it is the City's responsibility to save any business. He stated a Commissioner used the term public - private partnership, but he believes the real definition of that is really to get the private involved with the City to help get new things going on for the City, not the other way around. He stated he believes there are good citizens in this City who are trying to save that property. He stated he believes the easiest way to move is for them to come to the City of Jacksonville because the City can't go to them and ask to be annexed and get the remaining 133 acres in the City limits of Atlantic Beach. He stated he cannot recommend the City invest in a private golf course. He stated what he would like to see is for each of the Commissioners to spend their time on this budget, because they are asking for a roll -up, which is a tax increase. He stated he would rather see them try to not do that. He further stated he is a big believer of a vision and they can talk about the City management, directors or employees of this City, but he will put this City up against any other city. He stated go read their budgets and see. He stated we have a 25% reserve and are better off than any city in this county. He stated he just wishes the Commission and other people in this City could join together and see the nice things and stop looking for the bad things. He stated it is easy to find bad things, just come together and find the good things and then we can correct the bad things. He stated as he previously said, regarding Selva, he was a stockholder and served on the board and he hopes if they get into that discussion tonight as a Commission that they will declare if they are a stockholder in that club before the discussions, or if they own any land that is connected to that club, and why they want it saved. He stated he believes that is something they should declare to the public if they are going to discuss it. He asked that they be proactive, not reactive, when it comes to decisions. He further stated he believes in a vision but this isn't the year to spend $75,000 on a vision. He also stated they put the Ferry Fest together in 30 days and it was outstanding, with between 6,000 -8,000 people attending. He stated he deposited $23,000 in the bank and they raised about $8,000, previously. He stated it was exciting to see the community ride that ferry and see the families out there and there was not one incident at all; it was just a great, great event. He stated the support was overwhelming to him. He stated the task force thanks them for their support. Lastly, he stated he does support a workshop for the police station discussion, but suggested they have the Commission as a group and the committee in the workshop at the same time so both sides can have a true voice. 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. Mayor Borno explained the City Manager was sick and would not be here tonight. 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 for July 2012 and the Atlantic Beach Police Department Semiannual Report for 2012. B. Award the annual contract for Repair of Electrical Motors and Pumps, Bid No. 1112 -08 to Specialty Marine & Industrial Supplies at the bid prices. Mayor Borno read the Consent Agenda. August 27, 2012 REGULAR COMMISSION MEETING Page 5 Motion: Approve Consent Agenda Items A and B as read. Moved by Daugherty, Seconded by Woods Commissioner Beckenbach pulled Item A. Commissioner Daugherty withdrew his motion, Commissioner Woods withdrew her second. Commissioner Beckenbach asked about the Community Development Block Grants being in the negative. Mr. Van Liere explained the reason the cash balance on the grant funds is negative is because they spend the money first and then apply for reimbursement. Commissioner Beckenbach asked when we get the money. Mr. Van Liere explained as we spend it, they apply for reimbursement periodically throughout the year and at any point in time they will have money they have spent that they haven't received back yet. Mr. Van Liere answered several other questions from Commissioner Beckenbach. Motion: Approve Consent Agenda Items A and B as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 5-12-56, Public Hearing and Final 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 -19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, AMENDING RULE 24 REGARDING TAKING MINUTES, AND ADDING A NEW RULE 27, ABSENCES FROM CITY COMMISSION MEETING, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -12 -56 by title. Motion: Approve Ordinance No. 5 -12 -56 as read. Moved by Daugherty, Seconded by Beckenbach Mayor Borno summarized the Ordinance. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. August 27, 2012 REGULAR COMMISSION MEETING Page 6 Commissioner Daugherty stated he had experience with this at the Board Member Review Committee this past week. He stated Nancy Bailey filled in for Donna Bartle and she did a wonderful job, things ran very smoothly and he received the report back in a day or so. He stated he is all in favor of this because it helps free up Ms. Bartle; reiterating he never sees her car away from City Hall; he thinks she lives here. He asked if Ms. Bailey stayed for a meeting does Ms. Bartle give her time off during the day to make up for that or are they paying overtime as a result of this. Ms. Bartle explained Ms. Bailey does get overtime, but they have a small budget and when they spend the money then she would need to do comp time. Commissioner Woods asked what is the definition of excused absences. Mayor Borno explained it is in accordance with the Charter, which says the Commission is the only one who can excuse the absence of any Commissioner from a meeting. Discussion ensued. City Attorney Jensen stated the Charter says if you miss four meetings in a row that are not excused your seat is vacated. He stated there could be a circumstance arise where a Commissioner would need to get an excused absence, such as being confined to a hospital, etc. He stated if they want to get an excused absence they need to ask for it. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 55-12-36, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE II. FRANCHISE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 55 -12 -36 by title. Motion: Approve Ordinance No. 55 -12 -36 as read. Moved by Daugherty, Seconded by Beckenbach Mayor Borno summarized the Ordinance. Public Works Director Rick Carper further explained the Ordinance. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Pension Board of Trustees - Fifth Member. Nelson Van Liere stated this is an administrative action on behalf of the General Employees Board of Trustees to confirm their action at the August 16, 2012 meeting to appoint Gil Flores as the fifth member of the General Employees Pension Board of Trustees. He stated the Commission is required to approve that decision. August 27, 2012 REGULAR COMMISSION MEETING Page 7 Motion: Approve appointment of Gil Flores to fill the unexpired term on the General Employees Pension Board of Trustees beginning August 28, 2012 and ending May 09, 2015. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Approval for use of Forfeiture Funds. Chief Classey explained this was a request for the expenditure of forfeiture funds, stating these funds resulted from seizure by the Crime Suppression Unit. He stated these funds are restricted more than regular forfeiture funds in that they were seized by the Crime Suppression Unit, which is partially grant funded by the State, and it is a requirement of that grant that when that unit seizes funds that money is put specifically back into the unit itself. He stated forfeiture funds in general can't be used for normal operating expenses and explained some examples of what they could be used for are training, memberships or equipment. He explained they are requesting using the money for some equipment to enhance the covert camera system they use in their undercover operations and this has been approved by FDLE, who administers the grant on behalf of the State of Florida. Motion: Approve the expenditure of $3,000 of forfeiture funds for the equipment purchase as described above. Moved by Woods, Seconded by Daugherty Commissioner Beckenbach asked if this would be for one camera or multiple cameras. Chief Classey explained it is for an enhancement to a camera system they already have that allows real time remote viewing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Commissioner Request to evaluate traffic safety in Aquatic Gardens. Chief Classey summarized his staff report, explaining the results of a covert speed study determined there is nothing to warrant a traffic calming device, such as a speed hump. He further explained why they also do not recommend installing the speed humps in this area or the No Through Traffic signs requested. Discussion ensued. Commissioner Woods suggested lowering the speed limit to 15 mph. Chief Classey explained one of the caveats in lowering the speed limit below 20 mph is that it eliminates the Police Department's ability to enforce it. He stated by State Statute they can only enforce a 15 mph speed limit in a school zone. He stated residential streets, by State Statute, if not posted are 30 mph default. He stated virtually all of our smaller residential streets are 20 mph, excluding the thoroughfares like Plaza, Seminole, etc., which are 25 mph. He stated to lower it to 15 mph would provide a psychological difference but they would not be able to enforce the speeding when it is posted nor could they say they are going to enforce it at 20 mph and above, it has to be what it is posted. August 27, 2012 REGULAR COMMISSION MEETING Page 8 Further discussion ensued. Commissioner Daugherty stated he believes something needs to be done simply because this is a group of people who live in a very small defined neighborhood and they don't ask the City for much, but they came together and asked for something as simple as some concrete in the middle of the road to slow people down. He stated he doesn't believe that is too much to ask so they probably will hear something more about this in the future. Mayor Borno stated he believes when they get back to them and explain the procedures they will end up working with us as we go on. Discussion ensued. 9. City Manager A. City Manager's Report. None. 10. Reports and /or requests from City Commissioners and City Attorney A. Scope for Visioning Plan. Commissioner Mark stated she believes any of the Commissioners who had comments have passed them on to Lesley Resnick for incorporation into this plan and the final draft is included in the agenda packet. Motion: Approve scope for visioning process as submitted and direct staff to send out the Request for Proposal with a 30 -day deadline to submit proposals. Moved by Mark, Seconded by Woods Commissioner Mark acknowledged comments from the community and explained they have not said they are spending $75,000 for this. She stated they did identify money in the budget for this process but they have not approved one penny for this yet. She stated the intent for putting together the RFP and sending it out was to find out from the consultants what they could offer and what it would cost. She stated, to her, this is the best way to get citizens involved. She stated she ran on transparency and citizen involvement. She stated she has had some citizens against the visioning, some supporting it with caveats but hasn't heard from the majority of the citizens. She stated the ones who are the most vocal are the ones she is hearing from. She stated she is not going to push a process through if they are not going to get that citizen involvement, or if this is not going to be a quality exercise and have something meaningful come out for the community. She referred to past master plans stating that is how the City knows how to allocate resources and how they know what the citizens want and need. She stated the priorities they identified in strategic planning fall under what community visioning does. She asked how do you balance, you go to the citizens. She stated that is what she thought and what she ran on and if that is not the way she is supposed to govern, she is baffled. She stated after discussion, whatever the Commission decides to do is what we will follow. She stated she is not going to push the visioning if she is not going to get the support from the community because it is about the community, about the citizens, not what she wants or what the Commission wants. She stated if the citizens don't feel like we need a vision or that the Commission does not need an over - arching vision or a long -range plan for the City, then so be it. She stated it does give us a planning tool for when the citizens are trying to look at our budget and match our programs to see where the money is being allocated and how it is being spent. She stated if we don't have an over - arching vision or long -range plan for them to go back to in order August 27, 2012 REGULAR COMMISSION MEETING Page 9 to check and balance what we are doing, then she can't answer that for them because she has nothing tangible to point to. Commissioner Daugherty stated he understands Commissioner Mark's frustration. He stated he came to realize over time that when things are working well you don't really hear from people. He stated we are in a budget situation where we are going to have to ask citizens who are losing value on their homes to pay more of a percentage of their home's value in property taxes. He stated we don't know what this visioning is going to cost but the estimates we were given by cities who have done it before was around $75,000. He stated until tonight we had not had one person come up here and say, yes, I want a visioning process. He stated the citizens are saying don't raise my taxes and don't do this visioning plan and Commissioner Mark is not listening. He stated the process they have in strategic planning can be improved by having town hall meetings. He stated he believes they can add a long -term visioning element to their strategic planning and accomplish the same things Commissioner Mark wants to accomplish. He stated the timing is wrong; they are taking general fund money to do this, which is basically their safety net and savings that keeps us out of financial trouble. He stated to do this at this time without exploring the option of going into a workshop and tweaking and enhancing the strategic planning process further is not responsive to the desires of the citizens. He stated their job is to represent the citizens and he doesn't need a consultant to do that, he just needs to listen. He stated if this does happen, he believes they do need a review of the park system and pedestrian pathways. Mayor Borno stated it is a total misunderstanding by the public that this $75,000 is in the upcoming budget. He stated they made a budget amendment, it is out of this year's budget and it came out of this year's operational fund. He stated these are two separate issues and has nothing to do with the roll -up rate and will be explained during the budget hearing. Commissioner Beckenbach stated he understands where Commissioners Daugherty and Mark are coming from and he also ran on the idea that the citizens would become more involved. He stated there are a lot of citizens that are saying we should not do this because of the cost. He stated he is not looking at it costing $75,000 but he would like to find out how much it will cost before he says no to it. He stated although they were told they need to make this happen by the strategic planning session of next year, he doesn't see that as a real need, although it might be a desire. He stated he has no problem taking it a little bit slower and going to a number of workshops to explain to the citizens exactly what they are looking at for a vision and see if there is more of an interest. He stated they could slow down a bit and put it onto the following year's budget. He stated he would like to have more town hall meetings and the citizens can tell them whether or not they are interested in a visioning process. He stated if everyone comes and says they don't want it then they will know. He stated then they have given the voice to the citizens and they will respond at that particular point. Commissioner Woods stated she believes that is a good compromise approach. She stated the $75,000 number has confused the issue. She stated it is part of the visioning process to follow the path that Commissioners Daugherty and Beckenbach are recommending. She stated she liked having a meeting in every district and was impressed with the number of people who came out, the ideas they had and the feeling of camaraderie. She stated she understands how important these things are but if you don't have buy -in it is going to backfire. She stated she believes slowing down, getting the buy -in and letting people know how it is really going to serve their needs is going to work better in the long run. She stated they should either withdraw their motion and come up with a new one or take the vote. Mayor Borno stated they still have discussion going on right now. Commissioner Daugherty explained his motion at the last meeting was to hold off sending out the RFP at this time and have a workshop /town hall meeting to allow people to comment on this and also look at ways they August 27, 2012 REGULAR COMMISSION MEETING Page 10 can improve their planning process and see if they can accomplish this through that manner. He stated he wished the City Manager was here because he was going to report on how long it takes staff to do an RFP, send it out, evaluate it, etc., and how much of the Commission's time it would take, as well, since they want to interview the candidates. Mayor Borno stated they have a motion and a second to approve the RFP. He stated if there is something else they want to do they need to address that. Commissioner Mark stated she could withdraw her motion and make a new motion. Mayor Borno stated she could do it either way. Commissioner Mark withdrew her motion, Commissioner Woods withdrew her second. Motion: Commission to hold town hall meetings in each district to discuss the visioning process with the citizens and bring back to Commission for further discussion regarding the RFP. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Request for Citizen Participation during Workshops. Commissioner Beckenbach explained his request, stating he believes the citizens should have some input at the end or beginning of the workshops. Mayor Borno stated he agreed and has been receptive to that. He stated their questions may not be able to be answered at that time but could be a follow -up. He stated they have to remember those workshops are there for the Commission's work and citizen observation and their input back to the Commission. Commissioner Woods asked that they have a motion as a policy. Motion: The Commission will allow 3 minutes of comments per person at public workshops. Moved by Woods, Seconded by Daugherty Commissioner Beckenbach asked that the comments at the budget workshops be held at the end of the meeting. Mayor Borno stated he would envision this to be at the end of any workshop. He asked what value is it if they don't hear the Commission in the workshop. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Discussion on future of Selva Marina Country Club. Commissioner Woods disclosed, at the request of Mitch Reeves regarding a conflict of interest, that she is a member and does own one share of stock in Selva Marina Country Club. She stated the reason she wanted to open this up to public discussion was if at some point it comes up where the club was going to be sold for only what was due on the note it would behoove the community to be the buyer. She stated if a developer August 27, 2012 REGULAR COMMISSION MEETING Page 11 buys it we have no control because most of the land is in Jacksonville and most of the frontage is in Atlantic Beach. She stated what they do affects Atlantic Beach the most. She further stated if they only develop the Jacksonville portion of the land, Atlantic Beach won't even see any tax revenues and will suffer all the consequences of having this huge development with none of the benefits. She asked if Atlantic Beach as a community values Selva; should this be part of our visioning process; if it doesn't happen now is it going to happen at some point; how does the community feel about it; and how does Selva and their board and members feel about it, stating she is interested to hear the other Commissioner's thoughts. Mayor Borno stated the ball is in the park of the Board of Directors of Selva right now as far as approaching the City and any involvement from that point. He stated this is not something we can initiate. He explained annexation would have to be generated from the owners, stating he has been trying to get that done for years but nobody has gone to Jacksonville to start the process. Commissioner Beckenbach stated he doesn't know whether Selva Marina is interested in the City working with them as far as purchasing but he knows they do have other developers and options on the table. He stated he believes they should consider whether they are interested in owning that property as a City if everything goes awry and it comes up that Selva Marina County Club is available. Mayor Borno stated everything he has looked at or that has been proposed or discussed has not generated to where the City could be involved. He stated it always hits a statutory or regulatory stumbling block. Commissioner Beckenbach further stated whatever goes on with Selva Marina will be a concern of the Commission, such as traffic, if it is developed; or the height of the development, which he knows we would not have any say about if it is in Jacksonville. He stated if the citizens were interested in having the Commission work with Selva Marina to purchase it, would they be able to do that. He stated he believes they should at least look into it. Commissioner Daugherty stated the Mayor had a good point in that Selva has not approached the City saying they need some help. He stated the last thing he wants the City to do is have a public golf course and a public swimming pool, which is a huge cost and liability for both. He stated the majority of that land is Jacksonville and they do have a legal ingress and egress to Atlantic Beach and it is his understanding that we do not have the right to charge any kind of impact fees, etc. for the traffic impact on Seminole Road. He stated he is in favor of the City opening the doors of communication with Selva, but he reiterated he is not in favor of the City having a public swimming pool or golf course. He does not believe the majority of the citizens in Atlantic Beach would agree to a tax increase to save Selva Marina. He stated he agrees with the Mayor that the first step should be annexation. Commissioner Mark stated City Attorney Jensen sent information to the Commission on what we could legally do or not do. She stated until they have something more concrete either through Selva or our legal side, it is really kind of a moot point. She pointed out that if the citizens are concerned about spending up to $75,000 for a visioning process, she can't imagine what they would think about spending $7 million or such to purchase and then operate Selva. Commissioner Woods stated she believes there has been some misinterpretation of the City Attorney's legal opinion. He stated we can't buy the mortgage, which was the only legal limitation he put on it. She stated if a developer buys it, Atlantic Beach has no control over the development. She stated if the City buys Selva they do have control over what happens. She stated there are a lot of ways to make it work and she believes if you start out by just saying no, you are never going to find a good solution. She stated maybe the best solution is not for the City to own it, she stated she has never said that it is. She stated what she has said is August 27., 2012 REGULAR COMMISSION MEETING Page 12 that we need to be prepared to look at all the options. She stated she believes it is well within the realm of the Commission's responsibilities to seriously look at every option. Mayor Borno stated they have discussed this and agreed there are things to pay attention to. Commissioner Mark • Reported on her attendance at the FLC Annual Conference in Hollywood, FL and stated she would provide each Commissioner a handout from one of the workshops she attended on revenue options for Florida cities. • Encouraged the Commission to visit the Florida League of Cities website. She stated they are putting together their legislative package for the coming legislation. Commissioner Woods • Read an editorial about the women's restroom being remodeled and wanted to be on public record that when she was asked about whether the restroom should be remodeled shortly after coming on board, she stated she thought it was good for another 25 -30 years. She stated she did not realize it was being remodeled, was surprised and sorry it is; she liked it the way it was. • Stated during the discussions about the Police building, she believes a lot of the problem was policy and what is it that we as a City expect the services of our Police Department to be delivering to us. She stated until we can answer these basic questions, we don't know what kind of facilities they need to provide these services. She stated she believes they need to have a discussion about what kind of police department we want. She stated in the July edition of Governing there was an article about the Police Chief in Washington, D.C. which she will forward to Ms. Bartle to send to the Commission. • Was upset to hear Sue Perry's comments about how she was treated. She stated in the past she has heard from others in the community who feel they are being wrongly treated but nothing quite matched the severity of this. She stated she would like the Commission to seriously look at what is behind her complaint. She stated she would like to have a conversation outside the public view with the Commissioners and the City Attorney to figure out how we should proceed. She stated this could very easily turn into a lawsuit and she believes we need to address this immediately and appropriately. She asked City Attorney Jensen if it was appropriate to have a shade meeting with him to discuss this. Mr. Jensen stated, no, not until there is a pending litigation and a lawsuit has been filed. He stated the individual Commissioners can go speak with Chief Classey and get information. Commissioner Daugherty • Echoing what Commissioner Woods stated, he agreed over the last couple of years there have been a number of complaints about the Police. He stated 90% of the Police Department that he has observed are very high quality officers and he believes we have a high quality Chief, but there have been some officers he has observed where he was embarrassed by their conduct. He stated there seems to be the perception by our citizens that some members of our Police Department aren't as professional as they should be. • Regarding the Police building, he believes they need to do something. As far as accreditation, he stated he does not believe we need to be accredited and does not see the benefit of that. He stated there has been a big wish list and he believes they need to come down to a needs vs. wants. He stated there are some needs the Police Department has that they are not getting and it is not fair to them. He believes they should schedule another workshop for this. • Should have an analysis done on the number of cars in the Police fleet. • Stated he believes the Fleet Reserve fountain proposal is a great idea. Asked that the City Clerk send the Commission the proposal. August 27, 2012 REGULAR COMMISSION MEETING Page 13 • Reported he sent more petitions for Rose Park to the Commission today. Commissioner Beckenbach • Reminded the citizens of the Budget meeting tomorrow at 5:00 in the Chamber. Thanked the Commission and Mayor for agreeing to let the citizens speak at the end. Mayor Borno • Reported on his attendance at the FLC Annual Conference focusing on the presentation on the pension issues. • Stated the Florida League of Cities Policy Committee meetings start September 19 and any items the Commissioners may want brought up have to be in by September 6. He stated he was appointed to the Finance and Taxation Committee. • Reminded the Commission that the deadline for agenda items is the Friday before the agenda goes out the following week. • Stated Fleet Reserve fountain is not a City problem and he will talk to Mr. Hoffmann about it. Commissioner Mark asked the City Clerk to scan the Naples letter that discussed the pension recalculation and send it to the Commissioners. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:06 p.m. Mike Borno ATTEST: Mayor/Presiding Officer ag4,t aaaivn.4 Donna L. Bartle, CMC City Clerk