Loading...
9-24-12 MINUTES REGULAR CITY COMMISSION MEETING September 24, 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. A. Approve the minutes of the Regular Commission Meeting of September 10, 2012. Motion: Approve the minutes of the Regular Commission Meeting of September 10, 2012. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Approve the minutes of the Commission Briefing of September 7, 2012 (attended by Commissioner Beckenbach). Motion: Approve the minutes of the Commission Briefing of September 7, 2012. Moved by Beckenbach Votes: Aye: 1— Beckenbach Nay: 0 MOTION CARRIED Mayor Borno stated Commissioner Beckenbach asked to make a correction on the minutes for the Robert Street Ditch Town Hall Meeting at Donner Park held on August 16, 2012 that were approved at the 9 -10 -12 Commission Meeting under Agenda Item 1C. Motion: On Page 2, Paragraph 7, delete words "however, they were willing to compromise and go with metal sheet pile if the pipe and swale is turned down." Moved by Woods, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED September 24, 2012 REGULAR COMMISSION MEETING Pale 2 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. Dick Hilliard, 338 11 St, addressed the Commission regarding the beach cleaning contract stating he does not believe the contractor is going by the specifications of the bid. He stated the specifications are written for a tourist or business type beach, i.e. Daytona, Miami. He stated we have never had to use specialized equipment to go down 6" into the sand and pick up materials and then haul them off the beach. He stated if they were to do what was in the specifications they would spend four times the amount of money they are charging us now. He stated he believes we are not getting other bids because these bids are not for a residential area and the bids are not being enforced. Mischelle and Michael Grant, 13401 Sutton Park Rd., Apt. 213, Jacksonville, addressed the Commission regarding their proposal for the tennis program through the Michael Grant Tennis Academy. Michael Grant stated they were here to outline a revenue share agreement that could provide the City with an alternative source of revenue to support and assist with the funding for tennis court maintenance. He explained his background. Mischelle Grant further explained their proposal, stating they would donate $1 to the City for each tennis lesson given on the City's courts. She asked that the Commission add them to the list of the City's service providers for tennis. Bill Mayhew, 1870 N. Sherry Drive, stated after the last meeting he was somewhat chastised for not pointing out that the salaries used for other cities in his presentation did not include benefits, while our City Manager's package did. He stated he had made the comparison clear in a memo to the elected officials but agreed he should have done it again at the last meeting. He stated he was also accused of being somewhat inflammatory and for that he does not apologize. He stated someone needs to inflame the public to take an interest in what is going on at City Hall. He stated every organization and function needs periodic reviews to remain efficient and up to date. He asked if we need a base salary for the City Manager rivaling those of large cities and to be near the very top of smaller cities. He stated we also need to look at other benefits that are paid. He stated it is not his job to set the City Manager's salary but he wants the Commission to look at the compensation situation and if they feel a package of $180,000 is reasonable then that is their decision. He also asked that they not get sidetracked as to whether or not he was technically correct in every facet of his presentation. He stated the numbers are what are important and he believes as long as they are reasonably factual that is what should count. Rosalind Hoffman, 266 Magnolia St., addressed the Commission expressing her concerns about the pit bulls at 330 Magnolia Street. She related several situations related to the dogs since 2009. She stated there were several other neighbors here tonight who are also concerned about the dogs and she hopes they will take this under consideration. Bruce Robbins, 310 Magnolia St. thanked the Commission for their quick response to their emails over the weekend. He stated there have been four incidents since May that he has been directly involved with regarding the pit bulls at 330 Magnolia Street, including one where his contractor was bitten by one of the dogs. He stated the issue comes down to that of safety for the people in the neighborhood. He stated this is something they need to pay attention to before they have a tragedy. Lindsay Cole, 338 Magnolia Street discussed the issues with the pit bulls at 330 Magnolia Street, stating she is the neighbor living directly to the north of the residence with the pit bulls. She stated she was a first time September 24, 2012 REGULAR COMMISSION MEETING Page 3 home buyer and chose to buy this home in Atlantic Beach approximately 2 years ago but so far it has been a pretty miserable experience, unfortunately. She asked them to imagine what it feels like to have to check outside your window before you walk outside of your house, to carry Mace and possibly a weapon just to take your trash out or go to the mailbox. She stated the residents of Magnolia Street feel like prisoners in their own homes because of these irresponsible residents at 330 Magnolia Street who have chosen to own three vicious and unpredictable pit bulls. She stated it's not just the neighbors who are being affected; their street has probably the most pedestrian, bike and skateboard traffic in Atlantic Beach. She stated every day these people are unknowingly risking an attack just by walking down the street. She stated since the neighbors have come together they have learned that these pit bulls have bitten people and other animals. She stated it is sad that the dogs' owners could not care less. She stated despite the owners receiving numerous fines they still allow the pit bulls to menace the neighborhood. She stated she hopes they do something to rectify the situation. Jennifer Chalot, 322 Magnolia St., stated she lives directly next door to the pit bull owners at 330 Magnolia Street and believes she is the longest suffering person in the neighborhood. She stated she filed an affidavit in 2009 when the single pit bull trapped her in her car after work. She stated she has lived the last four years with the inability to go out her front door without some kind of deterrent. She stated she has let this go on too long and she regrets that. She stated she just wants the dogs restrained and wants the City to demand that these owners restrict these dogs. She stated the only way that is going to happen is if they get a dangerous dog designation and she believes they fit that description. She stated this needs to be seriously looked at. Karen Johnson, 281 Magnolia St., addressing the pit bulls at 330 Magnolia Street, she stated there have been several incidents in which they have been concerned, scared or disrupted. Mayor Borno asked that Chief Mike Classey address this issue. Chief Classey explained what has been done in the past as well as what they are currently doing related to the above complaints. He stated Commissioner Woods has set up a meeting with the residents and himself for tomorrow at 6:30 in the theatre side of Adele Grage to discuss the issues with the dogs. He answered several questions from the Commission. Hank Brigman, 307 9 St., stated he has seen editorials and heard word of mouth about challenges at Selva Marina Country Club. He explained his background, stating he worked in the private club industry. He stated, with his background, he looked into what could happen in our community if our community purchased Selva Marina Country Club and improved it. He stated he has met with the leader of the club and with Hampton Golf, who is the largest manager of golf courses in Florida and who also managed Selva Marina Country Club for two years. He stated he set out to understand the possibilities and feasibility of Atlantic Beach purchasing the country club and looked at this from the prospect of can this be a win -win situation. He stated he is not here to speak about the details of Selva Marina, is not a member of the country club, has no financial interest in that facility, is not involved in any of the development opportunities that are currently being proposed to that country club and has no interest, financially, in Hampton Golf. He stated he was here as a citizen of Atlantic Beach. He explained the bank holds the first mortgage on Selva Marina Country Club and that note has been extended until the end of the year. He explained the worst case scenario is that the bank will take over a critical piece of property to our community. He further gave a slide presentation regarding Selva Marina Country Club, explaining the possibility and feasibility of Atlantic Beach purchasing the club. He stated he believes this is a once in a lifetime opportunity and if we don't at least explore this opportunity we can look back years from now and bemoan the fact that those apartments, condos, or that industrial park that sits there and degrades our community could have been the center of our recreational world and could have enhanced our community and our property values. September 24, 2012 REGULAR COMMISSION MEETING Paue 4 Kirk Hansen, 2393 Ocean Breeze Court, representing the Board of Directors of Selva Marina, stated they wanted to make sure people understood what the club is and what their position is right now. In a letter dated September 16 from Mike Carlin, responding to an inquiry asking if Selva Marina Country Club was for sale, he read "The Board of Directors is considering strategic options to preserve the amenities currently offered to members. Any action taken by the Board must comply with the Articles of Incorporation of Selva Marina Country Club. The Board will consider all reasonable options that are consistent with the Certificate of Incorporation. The Board of Directors will present all reasonable proposals to the shareholders." He further read, "The Corporation shall not have authority to and shall not merge, consolidate, enter into a share exchange, sell any property of the Corporation, sell substantially all the personal property of the Corporation, dissolve, liquidate, etc. unless in each instance such action is approved by the affirmative vote of 66 2/3% of the total number of shares of the Corporation outstanding at the time of the vote." He stated, as the letter says, they are entertaining options, they have options in front of them right now, and to do anything would take a 66 2/3% vote of the shareholders that are currently outstanding. John Fletcher, 1740 Live Oak Lane, addressed the challenges and responsibilities that come with free speech, stating free speech is enjoyed at these meetings. He stated as a Commissioner every now and then he would be the recipient of criticism, etc. and as an elected official that's what you sign up for. He stated he was here to stand up for staff. He stated he wants to speak for people who don't have the same free speech that everybody else does, your staff He stated whether calling the proposed police building Chief Classey's Taj Mahal or having a pension or executive compensation consultant make a presentation directly at the City Manager trying to dismantle his compensation package, he would love to see this Commission and Mayor Borno stand up and use the power of the gavel to ask civility of the people who come before you and talk. He stated that is all he asks. He stated he believes it would benefit everybody if public flogging of our staff was not supported and frowned upon actively by the Commission. He stated staff is defenseless. He stated you, and only you, can step in and stand up for them so he is here to ask the Commission to please do that. Mitch Reeves, 1663 Sea Oats Drive, addressed the Commission regarding the police building and asked, as one person who served on the police building committee, that the Mayor call the committee back to order for one day to attend the workshop that is being considered, as members of the workshop, to be part of the solution. He stated the full committee could then be around the table with the Commissioners and discuss why decisions were made and maybe why decisions need to be changed. He believes this whole issue can be solved but asked, if it can't be solved, don't continue this on. He also addressed the ferry stating they made $10,000 which will go toward advertising. He reported that on September 30 at 8:45 p.m. at the ferry slip after the last launch, the keys will be turned over to the ferry commission. He invited the Commissioners and the public to attend. He stated one of the things the ferry task force showed is that when you get together with leadership and work together, understanding the give and take and that you can't get everything you want, look at how things work out. He stated wouldn't it be nice if our City Commission could do that, work with everyone, work together and solve the issues and move forward and stop every week the same old stuff. He stated they need to move forward. Mayor Borno pointed out that the event for the ferry will take place on the Mayport side. 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. September 24, 2012 REGULAR COMMISSION MEETING Page 5 (Item 8A was taken out of sequence and acted on at this time.) 8A. Donation of property adjacent to River Branch Preserve. Mr. Hanson explained the River Branch Foundation wants to donate just under 12 acres of property adjacent to the River Branch preserve to the City of Atlantic Beach. He showed a slide of the location of the property. He stated the property will include a conservation easement. He stated the Foundation wants the property to remain in its present wilderness state, with some possible minor improvements for public access. He stated there is no cost to the City. He stated he would recommend the Commission authorize the Mayor to accept the donation of the property. He stated Judith Larue with the River Branch Foundation is in the audience tonight. Mayor Borno stated they greatly appreciate all the efforts Ms. Larue has put forward to bring this to us and it is a very gracious thing they have done and thanked her very much. Motion: Authorize the Mayor to accept and sign any necessary documents related to the donation of the 11.84 acre tract from the River Branch Foundation of Jacksonville Beach, Florida on behalf of the City of Atlantic Beach. Moved by Daugherty, Seconded by Woods Commissioner Mark thanked River Branch Foundation and Judith Larue for doing this, stating this is a great addition. Votes: Aye: 5 - Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED (Item 8B was taken out of sequence and acted on at this time.) B. Renewal of City Non - Benefit Insurance. Sue Danhauser introduced Shaun Woleshin of Harden & Associates. She explained this is for the renewal for the upcoming fiscal year. Motion: Approve renewal of insurance, effective October 1, 2012 through September 30, 2013 as indicated in the staff report and within Attachment 1 and authorize City Manager to sign related insurance renewal documents. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods, Nay: 0 MOTION CARRIED Mayor Borno recessed the meeting at 7:48 p.m. Mayor Borno reconvened the meeting at 7:55 p.m. September 24, 2012 REGULAR COMMISSION MEETING Page 6 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Building Department Report, Financial Reports, and Utility Sales Report for August 2012. B. Approve the award of contract for Concrete Repairs for the Public Works/Utilities Department to Intron Technologies, Inc. for three years starting October 1, 2012 (Bid No. 1112 -09). Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A and B as read. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 12 -14, Public Hearing and Final Reading on adopting a Millage Rate. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Resolution by title. He explained the Tentative Millage Rate is 3.3285, the Roll —Back Rate is 3.4550, and the Tentative Millage Rate is 3.66% lower than the roll -back rate. He explained the purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at the estimated cost and to continue to maintain the City's infrastructure. Motion: Adopt a final Millage Rate for operating purposes of 3.3285. Moved by Woods, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. September 24, 2012 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Ordinance No. 20 -12 -117, Public Hearing and Final Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013. Mayor Borno stated the second item to be considered was Ordinance No. 20 -12 -117 establishing the Operating Budget for fiscal year 2012/2013 of $25,641,018. Motion: Approve Ordinance No. 20 -12 -117 establishing the Operating Budget for fiscal year 2012/2013. Moved by Woods, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Ordinance No. 80- 12 -82, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORM WATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22 -335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80 -12 -82 by title. Motion: Approve Ordinance No. 80 -12 -82 as read. Moved by Beckenbach, Seconded by Woods Mayor Borno summarized the Ordinance stating the storm water fees were increased effective October 1, 2012 by $1.50 for each residential unit. He explained the goal is to get the storm water fee to cover the cost of operation of the storm water, which is approximately $10.00 per residential unit. He stated with this increase we will go from $6.89 to $8.39 on the monthly utility bills, so we are getting close. He stated this does free up money we were taking from the gas tax which can be used for roads. Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. September 24, 2012 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Donation of property adjacent to River Branch Preserve. This item was taken out of sequence and acted on earlier in the meeting. B. Renewal of City Non - Benefit Insurance. This item was taken out of sequence and acted on earlier in the meeting. C. Beach Cleaning Contract Renewal vs. Performing Services In- House. Rick Carper showed a slide of the equipment used by the beach cleaner. He stated the Commission requested an analysis of what it would cost to do this in- house, which he detailed in his staff report. He stated it is substantially more than what they are paying the contractor to do it, plus he believes they would need additional staff to do it to the level it is being done for us now. He explained Mr. Hilliard was correct that they do just surface rake but it is included in the specs. He stated there is nothing in our specs that requires them to go down six inches. Commissioner Beckenbach questioned the mechanical specifications which states a minimum depth of 6 inches and be capable of picking up glass, can tops, crushed aluminum cans, etc. and suggested they change the mechanical cleaning spec. He stated this may give the opportunity to a few more people to bid. Mr. Carper stated if they took that out, they possibly would get more but they would end up getting lawn companies and people with no experience doing the job. He stated he knows there is a lot of concern over cost for just having a single bidder but he would challenge anyone to find a cleaner beach. Mr. Carper stated next year when they redo the bid specs, he will be looking at all the specs in this area to modify them, but this is an extension of the current bid specs that the contractor has bid under. Commissioner Daugherty asked if we check to see if the beach is raked once a week per the agreement. Mr. Carper stated he knows of two times in the last quarter that it was not raked due to mechanical failure, but other than that it is raked once a week, generally on Thursdays. Mayor Borno stated he can attest to that also and it is getting done. Discussion ensued. Motion: Extend the contract for one year at the current prices. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 - Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED September 24, 2012 REGULAR COMMISSION MEETING Page 9 D. Contracts with Organizations Providing Recreation Programs at City Facilities. Timmy Johnson explained the four contracts that are up for renewal, stating they will expire at the end of the month. Discussion ensued regarding the tennis instructor's contract and the fact that there is now another instructor who wants to be considered. Mr. Johnson's recommendation was to go with the established program. Commissioner Daugherty suggested moving the tennis lessons to Donner Park. Mr. Johnson stated there are only two courts at Donner and lessons would tie up the courts. Discussion ensued. Motion: Authorize the City Manager to sign the attached contracts with ABAA, ABET, yoga instructor Linda White. Moved by Daugherty, Seconded by Woods Discussion ensued. Commissioner Mark stated these contracts are set to begin October 1. She asked Mr. Johnson how much opportunity he has had to look into the Michael Grant Tennis Academy. Mr. Johnson stated he has called for references and they come highly recommended. Commissioner Mark stated she does not believe it is fair to hold up Mr. Catalan's contract. She stated Mr. Catalan has been here several years now and has a clientele and classes and leagues that are expecting him to be able to continue his instruction. She believes it is more fair to talk to Michael Grant Tennis Academy to see what they would be willing to work out with Mr. Catalan and in utilizing Donner Park. She stated she would not support this motion. Mayor Borno stated they will deal with the tennis with a separate motion. Commissioner Mark stated she just wanted to be clear then that was still open for discussion. Mayor Borno stated yes, there are some issues to be ironed out. Votes: Aye: 5 - Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Mayor Borno recommended cutting the tennis contract to two courts instead of the current three. Brecht Catalan, 2102 1 Street, stated he disagrees with comments about the courts being used by the programs. He stated even though he is assigned 4, 5, and 6 he will give a court up if he sees people using them. He explained his program and his pro bono work in Atlantic Beach. He stated he would prefer to keep 4, 5 and 6 and not be limited to two courts. Commissioner Woods stated she would like to allow the Grants to set up shop at Donner since they only need one court. She would like to use both of the skills and opportunities that both of these coaches are presenting to us and not set up a competition and let them both flourish and serve the community. Discussion ensued. Motion: Authorize the City Manager to sign the attached contract for tennis professional Brecht Catalan. Moved by Woods, Seconded by Mark September 24, 2012 REGULAR COMMISSION MEETING Page 10 Votes: Aye: 4 - Beckenbach, Mark, Woods, Borno Nay: 1 - Daugherty MOTION CARRIED City Attorney Jensen asked Mr. Johnson if he has received an application for a rental contract from Mr. Grant. Mr. Johnson stated he did not but he has received a proposal. It was the consensus to direct staff to bring back a contract at the next meeting for the Grants to hold their instruction at Donner. E. Advisory to amend Section 24 -51 of the Land Development Regulations, to clearly delineate minimum public hearing and notice requirements for all types of land use requests and to amend Section 24 -69(a) of the Land Development Regulations, to increase the fee for variance and waiver requests. Erika Hall summarized her staff report, showing a slide explaining the comparisons of the notice requirements. She answered questions from the Commission. Discussion ensued regarding changes suggested by Commissioner Woods to change the posted and mailed time for the notice from 7 to 14 days to owners within 500 feet instead of 300 feet. It was the consensus of the Commission to direct staff to make the suggested changes to increase the notification to owners from 300 feet to 500 feet and adjust dates required for the mailed notice and bring back in ordinance form for first reading at the next Commission meeting. Ms. Hall asked City Attorney Jensen, since this is a substantial change, do they need to take it back to the Community Development Board to review again. Mr. Jensen stated he doesn't believe moving from 7 days to 14 days would be a substantial change. He stated it has to go through first and second reading and public hearing as an ordinance anyway. 9. City Manager A. City Manager's Report. Mr. Hanson reported the Recreation Department is hosting a 10 and under Tennis Festival Fun Day in conjunction with a 2012 Worldwide Day of Play at Russell park October 6 from 1 -3 pm. He stated there will be three teams of kids 10 and under from Atlantic Beach; one from Donner Park area, one from Selva Marina area and one from the Russell Park area. He stated it is sponsored by the U.S. Tennis Association and the press announcement is attached to the agenda. 10. Reports and /or requests from City Commissioners and City Attorney A. Discussion on Video Recording of Public Meetings. Commissioner Woods stated this has been discussed in the past and she is looking for consensus to direct staff to again look into videotaping the meetings. She stated she believes prices have come down and technology has improved since it was last considered and she believes it is time to get on board. She stated September 24, 2012 REGULAR COMMISSION MEETING Page 11 some companies offer package deals so they include promotional videos to put on your website to encourage people to visit your town or move here, etc. Mayor Borno stated he asked the City Manager to give him a report on the hits on our audio recordings and since July 1, there have been 23 visitations to the audio recordings. He stated it is not getting a high degree of usage. Commissioner Woods stated the audio is so different and so unuser- friendly compared to what the video streaming is. She believes this would be a huge improvement over that program. Commissioner Daugherty stated he is not in favor of videotaping. He stated he has not heard any demand from the citizens asking for this and until they do he does not want to have staff spend any more time researching this. Commissioner Mark suggested they wait until they do their visioning program and it can be brought up at that point. She stated she would hesitate to go through the time of having staff research this and it not be used. Commissioner Beckenbach stated he was in favor of videotaping but agreed the timing may not be right now. He stated when they go through the visioning process they can bring it forward to find out how many citizens are interested in videotaping the meetings. Commissioner Woods reiterated why she believes it is a good time to do this. Commissioner Beckenbach suggested using a citizen task force to do this to alleviate using staff time. He asked, if there were citizens who would be willing to bring forward the costs, would that be of interest to the Commission? Discussion ensued. It was the consensus for Commissioner Woods to see if there are citizens willing to research the cost and prepare a presentation and then put this on an agenda as an action item. B. Report from City Attorney on options for approval of minutes. City Attorney Jensen stated there is no procedure set forth in our Ordinance or Charter on how to approve minutes of the various meetings. He stated there have been concerns recently because of meetings with one, two or three Commissioners, sometimes in other places, and it has been a problem for Donna and Nancy in preparing the minutes and who has to vote on them, who signs them, etc. He stated the procedures in Roberts Rules of Order is what he has attached to his report as another option for the Commission to consider in approving minutes which greatly simplifies things. He stated the Ordinance already includes a provision that Roberts Rules of Order applies in parliamentary procedure so if they choose to start approving minutes in that fashion he does not believe it necessary to change any Ordinances, they can just adopt it as a policy of this Commission going forward. Mayor Borno stated they could put them on the agenda as minutes to be approved, get a motion and a second to approve as submitted and move on. City Attorney Jensen stated that is one way to do it, but this way does not require a vote, motion or second. Commissioner Woods asked if we have to choose one or the other. City Attorney Jensen stated no, they can continue doing it the way they have been doing it. Commissioner Woods clarified that it would be up to the Mayor's discretion which way he wanted to have the minutes approved. City Attorney Jensen stated he thought they all should agree on the procedure for the way they want to do them. Mr. Hanson stated what Mr. Jensen just proposed was that they don't have to vote, the Mayor would just start the meeting saying we have minutes here does anyone have a correction and then they are approved as corrected without a vote. He stated what Mr. Jensen is saying is that Roberts Rules will let you basically accept corrections and then they are approved without a vote. The September 24, 2012 REGULAR COMMISSION MEETING Page 12 Commission agreed to do this. Mayor Borno stated he will ask for corrections and if there are no corrections they will stand as submitted. C. Presentation of Information pertaining to Selva Marina Country Club. Commissioner Beckenbach thanked Hank Brigman, stating that was an excellent presentation. He stated he did that as just an involved citizen and he has no reason except that he is interested in the City itself. He further stated what Kirk Hansen read was what was sent over by the president of the Selva Marina Board and it emphasized such actions must be approved by the affirmative vote of 66 2/3% of the total number of shares of the corporation outstanding at the time of the vote. He stated if the City gives a proposal to the board and the board feels it is a viable option they would have to have 66 2/3% of the shares agree with it. He further discussed the letter and the options that could happen at Selva Marina Country Club. He stated he believes this is an opportunity that only comes once in a lifetime and we are looking at an opportunity to make a proposal to the board for 167 acres in the center of the City and not have development. He stated with development we will have much more traffic on our roads. He believes we should make a recommendation to that board in which we would recommend buying it and run it as a golf course, with tennis courts and pool, making it appealing to the board and shareholders, as well. He stated Mr. Hanson has said they need to make sure they check out the financial situation to assure it is a viable option so it will not be a burden to the citizens. He stated he has met with Hampton Golf in order to find out what the viability of this particular location is and was told they were willing, pro bono, to work with the City to give us the information showing it is a viable alternative. He stated his recommendation is to have Commissioner Mark, Hank Brigman, and City Manager Hanson meet with Hampton Golf to see whether it is viable or not. Discussion ensued. Mr. Brigman answered questions from the Commission. City Manager Hanson stated if they want to listen to the opinion of Hampton Golf on the feasibility, that would be fine, but he believes that would fall far short of the level of due diligence that the City would need to do to determine what the real numbers are. He stated Hampton Golf is not unbiased as it was presented to them that if the City were to buy it they would want to run it. He stated they may have some good information, but clearly they have a bias. He stated this is more than the City could pay out of pocket; they would have to borrow money to do this. He stated this is very serious and could affect the City's finances for a long time to come and he would question if any serious banker would consider talking with us if we did not have an independent feasibility study. He stated this is typically what's done if you are serious about looking at a golf course operation. He stated there are plenty of consultants that are totally independent that do that. He stated it is not a short process. He reiterated it is fine to talk with Hampton Golf about their opinion but he believes we are going down the wrong road if they believe once they get their opinion that is significant to decide upon making an offer. He stated there are also some State regulations about municipal purchase of large amounts of property and it would take various appraisals, etc. He stated this is a major project and will crowd out a lot of other strategic issues that they have put on the agenda and although it may be appropriate, the downside, as pointed out by Mr. Brigman, could be very serious. He stated he would not disagree with the Commission moving that up the priority list rather dramatically and staff can take that on, but they are stressed due to manpower. He stated he wants them to understand that this is a lot more serious project than just to say let's go get somebody to do this pro bono and tell us if it's a good idea or not. He stated that is not going to cut it, certainly not if they are literally gambling the City's financial future on this effort. He stated this is a major purchase the City would be involved in. He stated if they are going to do it, let's do it right. Mayor Borno agreed, stating he believes it is premature right now, and would be an embarrassment if they even contemplated doing that right now without the information being correct and knowing what they are doing. He also expressed concern about what impact this would have to the potential offers they have on the table. Commissioner Beckenbach stated if you look at the other options on the table, they are going to need September 24, 2012 REGULAR COMMISSION MEETING Pate 13 to sell assets and a number of the proposals take away property from the golf course reducing the size of the golf course considerably. He further stated the development of that property is not as beneficial for the City of Atlantic Beach as having 167 acres of land that is more of a park -like setting. He stated he understands what they are saying but he would like to go ahead and see if they can move this forward. He stated if they need to get a particular consultant then he believes they should do it now so they can find out if it's financially worthwhile. Discussion ensued. Mr. Hanson stated the Country Club's main focus is to try to keep it viable as a country club but whether or not that is possible we don't know. He stated if that becomes not viable he believes they would be working with the City to try to take it over and keep it as green space. He heard them say their main focus is consistent with their charter, which is keeping it as a country club and, therefore, not selling it to Atlantic Beach at this point. Commissioner Daugherty stated in dealing with property owners who have gone through foreclosures, etc., that process takes years and it will not happen in 100 days. Commissioner Beckenbach stated in 100 days the note is due; it was due September 30 and the bank extended it until the 1 of January. He stated it is his understanding there will have to be a decision made by that time in order for them to pay the note down. Commissioner Woods stated Selva Marina wants to be a country club but they are not going to be able to be the country club that they have always been due to the economy. She stated we are not able to make any proposal until we get information. She stated they haven't asked Commissioner Mark yet if she is willing to take on this responsibility but agrees with Commissioner Beckenbach that she is the right choice because she has maintained her neutrality and hopefully she will be able to ask the hard questions. She stated Commissioner Mark is a very serious, in depth thinker whom she believes is the right person to do this job. She believes they would be remiss in their responsibilities if they don't follow the process through and take a serious look at it so when the time comes, if it is appropriate for the City to take action, they would be able to do it. She stated whether or not they are in favor of this, they can't possibly know until they get the facts. Commissioner Mark thanked them for their vote of confidence. She stated she believes the first prudent step in the process is that we definitely need to have a presence at the table. She stated we are a major stakeholder in this. She believes we need to be sensitive to Selva and the members of the club and does not want to be the government trying to take over private property. She stated we need to hear from the citizens whether they are willing to take this leap with us if this is something they find is good and they want to do. She stated she is more than happy to be the representative for the Commission and believes we need to have staff, either the City Manager or City Attorney, who know the workings of the City. She stated they need to do their due diligence and are careful how they approach this. Mayor Borno stated if everyone is in consensus that they need to be at the table, the only way he sees to approach it is that they need to do a feasibility study. Motion: Authorize an RFP to find a company to do a feasibility study. Moved by Borno, Seconded by Daugherty City Attorney Jensen asked if it was a feasibility study to see what they are asking, what kind of money is involved and can we afford it? He asked what is it for? Mayor Borno stated it is to be able to find out the value of it, etc. Mr. Jensen stated they have an appraisal. Mitch Reeves, who was in the audience, stated the last appraisal was for $12,000,000. Mr. Jensen stated they need to put that out in the public and identify whether they have the money to do that. September 24, 2012 REGULAR COMMISSION MEETING Page 14 City Manager Hansen stated being at the table is something the City needs to be, regardless of whether we would go ahead with the feasibility study or not. He stated we have a lot of interest in this; annexation, height and its affect on the community, traffic interest, irrigation, etc. He stated regardless of whether we move ahead with a feasibility study, we need to be at the table while the country club is discussing this. A feasibility study would look at the capital cost of acquiring this property then get an idea of the revenues the City could expect to receive by running a public golf course, swimming pool and tennis courts and what the expenses would be so they could get a full business case put out. He stated if they want to move ahead with that, a sensible next step would be to ask staff to get some numbers on what the cost and time would be to get that done. He stated staff could speak with some of the consultants and engineers who have done that in the past and get an idea of the timeframe and cost for moving ahead with a feasibility study and report back to the Commission at the next meeting. He stated regardless of which way they go, he believes Commissioner Mark has a good point that they need to try to be at the table with the country club board now to see if there is a solution that can bring a positive outcome for the City overall. Discussion ensued. Mayor Borno withdrew his motion, Commissioner Daugherty withdrew his second. Further discussion ensued. Commissioner Mark asked Mitch Reeves to speak. Mr. Reeves explained he was on the board during the 66 2/3 votes to get the property changed and they were two weeks away and didn't have it and they wanted to shut it down. He stated it is not easy to get because they don't even know who some of the shareholders are and they count as a vote. He pointed out it is not 66% of the people who vote, it is 66% of the shareholders. He stated regarding Hampton, he was one of the ones who wondered why Hampton came on board and he was not for that. He stated if the citizens of Atlantic Beach, Neptune Beach and Jacksonville Beach will not support the country club you don't have a country club. He stated his focus would be on how to save the land as a preservation, not buying the club. Commissioner Woods stated since they have had difficulty with the 66 2/3% vote they have sold more shares and have made a point to sell it to people they know exist, so reaching that level will hopefully be easier but what the vote will be she has no idea. Discussion ensued. Motion: Have Commissioner Mark, City Manager Hanson and Hank Brigman meet with Hampton Golf to discuss viability of Selva Marina Country Club and possible purchase. Moved by Beckenbach, seconded by Woods Discussion ensued. Commissioner Mark stated she would just like to get a consensus to authorize City Manager Hanson, Hank Brigman and herself to represent the City at the table with the Selva Board to discuss what is going on at this point with Selva Marina and what the options are and then assess where the City can be in those negotiations and report back. She stated she believes to get a feasibility study, starting with Hampton, is a little premature at this point. Commissioner Daugherty asked to call the vote. Commissioner Woods stated, almost. She stated she would like them to start the process and keep the Commission up to date and have Mr. Hanson also moving forward with the options for the feasibility study because time is an issue. Commissioner Mark stated if the board comes back and says we are going to keep it as a private country club there is not really too much they are going to be able to do about it. She stated the City cannot force their hand unless they condemn the property. Discussion ensued. Commissioner Daugherty asked again, can we vote? Commissioner Mark stated the conversation should really take place with the board as well. The board is the party of interest here. September 24, 2012 REGULAR COMMISSION MEETING Page 15 City Manager Hanson stated the motion was to meet with Hampton, which doesn't preclude the City from meeting with the board separately. He clarified that Commissioner Beckenbach's motion was that the three of them would sit down with Hampton and see what they have to say, so they might do both. Mayor Borno stated the thing that is sticking with him is the motion saying for consideration of purchase. Commissioner Beckenbach stated he understands and referred to the letter from the board stating they need 66 2/3% in order to get anything done. He stated although they would love to be Selva Marina Country Club and not have anybody purchase assets, the reality of the situation is, unless they have a donor that is going to give them $4 million, there is no way this is going to occur. He stated what he is proposing is that they look at that in a realistic sense and make a reasonable offer. He stated we have to at least know from Hampton if this is a feasible situation as far as running a country club, etc. Discussion ensued. City Attorney Jensen left the meeting at 10:14 p.m.; he returned at 10:16 p.m. Commissioner Beckenbach withdrew his motion, Commissioner Woods withdrew her second. It was the consensus of the Commission to authorize Commissioner Mark, City Manager Hanson and Hank Brigman to represent the City at the table to enter into discussions with the Selva Board, with Hampton Golf and any other entity that can shed light and give insight and move forward toward seeing if the City can make a viable win/win approach to Selva. Mayor Borno stated they will get that going and then staff will give us the estimated parameters and time frame for a feasibility study at the next meeting. Commissioner Daugherty stated he still believes it should be the Mayor and that they are usurping his authority. Mayor Borno stated he has no problem with it being the Mayor Pro Tem as he has enough on his plate, but he appreciates the thought. Commissioner Daugherty • Has received several text messages from people in the audience and knows other people have also. He stated he does not believe it is right for Commissioners to be communicating with people in the audience during Commission meetings and would like to see them adopt a rule for them not to use cell phones while they are at the dais. He stated while he appreciates the input he does not believe it is appropriate for people to be texting back and forth. Mayor Borno asked if that is a request or something he wants put into a rule. Commissioner Daugherty stated he would like to get the Commission's opinion on whether they should make that a rule or not. Commissioner Woods stated she did not think so. Mayor Borno stated he believes it is distracting having them up here and does not believe they should be on. Commissioner Daugherty stated if they want to make it a rule that is fine. Commissioner Woods • Stated she thought Mitch Reeves' comment about sour milk was a great analogy and she is going to use it to say that to have the committee at the workshop rehashing all that stuff would be going into the refrigerator and grabbing the sour milk. She stated they decided when they wanted to do the workshop that they were going to take a fresh look with new information and she hopes the Commission would stick to that. She stated it is beating a dead horse looking at that same solution over and over again. Mayor Borno • Asked if the Commissioners received the electronic Florida League of Cities information on Amendment 4. He asked for consensus to consider using their format for a resolution to act on at the September 24, 2012 REGULAR COMMISSION MEETING Page 16 next meeting and forward it to the Florida League of Cities. It was the consensus of the Commission to put the resolution on the next meeting agenda. • Reported he has completed the performance evaluations for the City Manager, City Attorney and City Clerk for this year, which he has done every year he has been in office. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 10:26 p.m. /lac 64,t4t2 Mike Borno ATTEST: Mayor /Presiding Officer rkiai thee Donna L. Bartle, CMC City Clerk