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10-8-12 MINUTES REGULAR CITY COMMISSION MEETING October 8, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of September 24, 2012. B. Approve the minutes of the Commission Briefing of September 21, 2012. C. Approve the minutes of the Budget Workshop Meetings of August 21, 28 and 30, 2012. Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the minutes will stand as submitted. 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 Grant, 13401 Sutton Park, Apt. 213, Jacksonville, thanked the Commission for the opportunity to come before them tonight, stating a lot of positive things have happened since they were last here. He stated they are being featured on Channel 4 and promoted the tennis festival here last Saturday. Mischelle Grant also thanked the Commission for giving them a chance. 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. 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 List of New Business Taxes for September 2012. B. Authorize the City Manager to sign the attached contract with Michael Grant Tennis Academy. October 8, 2012 REGULAR COMMISSION MEETING Page 2 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 -15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS. Mayor Borno read the Resolution by title. Motion: Approve Resolution No. 12 -15. Moved by Woods, Seconded by Mark Mayor Borno explained this resolution is the result of the Florida League of Cities asking the elected officials to educate the public on the inequities of Amendment 4. Mayor Borno and Mr. Hanson answered questions from the Commission. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno asked the City Manager to send copies of the Resolution to Mayor Pruette and the Neptune Beach Council and Mayor Sharp and the Jacksonville Beach Council, as well as Jacksonville Councilman Bill Gulliford. 7. Action on Ordinances None. 8. Miscellaneous Business A. Mutual Aid Agreement with Fernandina Beach, Neptune Beach, Jacksonville Beach, Green Cove Springs, St. Augustine and St. Augustine Beach. October 8, 2012 REGULAR COMMISSION MEETING Pate 3 Chief Mike Classey summarized the agreement stating it has been in effect for the past 20 years and provides for the authority and responsibilities for police officers who may be called upon to perform law enforcement services while in other jurisdictions. He stated the recommendation is to renew this agreement and authorize the City Manager and himself to sign it. Motion: Approve the attached Mutual Aid Agreement and authorize the City Manager and Chief of Police to sign it. Moved by Daugherty, Seconded by Beckenbach Chief Classey answered several questions from the Commission. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to allow a Circular Driveway on a lot with less than 100 Ft. Frontage. Public Works Director Rick Carper explained the request for waiver stating the property currently has no driveway at all. Motion: Approve requested waiver to the City Code Section 19 -7 requirements. Moved by Woods, Seconded by Daugherty Commissioner Woods asked what the percolation rate is of the pavers. Mr. Carper explained these pavers are put in over builder's sand and will be at least 50% impervious. Discussion ensued regarding grandfathering of the circular driveway. Mr. Carper answered several other questions from the Commission. Amended Motion: Amend to add that this stipulates the waiver is not grandfathered in and will be conditioned upon the house remaining as is. If there are any substantial improvements to the property, it will expire. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the original motion as amended. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED October 8, 2012 REGULAR COMMISSION MEETING Page 4 C. Request from Aquatic Gardens Beautification Committee for matching funds totaling $2,500 for landscape improvements to the Aquatic Gardens neighborhood entrances through the City's adoption program. Public Works Director Rick Carper summarized the request from the neighborhood association in Aquatic Gardens, showing slides of the proposed landscape improvements to the median and the new sign. He stated they are asking the City to match their funds. Louise Hunley, 591 Aquatic Drive, further explained their proposal and future plans. Commissioner Daugherty stated in support of the project he would like to ask the Commission to waive the tap and impact fee of $1,900. Motion: Approve the request from the Aquatic Gardens Beautification Committee for matching funds totaling $2,500 for improvements to the entrances of Aquatic Gardens and waive the $1,900 in fees. Moved by Daugherty, Seconded by Woods Mr. Hanson stated he would recommend they never ever waive impact fees. He stated to accomplish what they are trying to do, he would suggest they charge it to the same budget they have for the beautification projects. He stated our bond covenants for water and sewer when we borrow money references that we do not give away free water services and he believes it also references impact fees, etc. He recommended they amend the motion and charge it to Mr. Carper's account and have it as an extra payment on behalf of the City for this project. Commissioner Daugherty withdrew his motion; Commissioner Woods withdrew her second. Motion: Approve the request from the Aquatic Gardens Beautification Committee for matching funds totaling $2,500 for improvements to the entrances of Aquatic Gardens and allow Public Works budget to absorb the system development charge and water meter installation and tap fee. Moved by Daugherty, Seconded by Woods Commissioner Mark stated she would like to stipulate any and all landscaping be done with native plants. Mr. Carper stated they use the St. Johns River Water Management District's flora in yards and neighborhoods book, Waterwise Florida Landscapes, and if it is in that book they accept it. Taylor Morris, 768 Aquatic Drive, explained they have formed an LLC and have a business account opened at Community First Credit Union under Aquatic Gardens LLC. Commissioner Daugherty pointed out that this is also the entrance to our Dog Park so not only will the residents of that neighborhood enjoy this but also a good portion of our citizens who go to the Dog Park. Discussion ensued. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED October 8, 2012 REGULAR COMMISSION MEETING Page 5 9. City Manager A. City Manager's Report. Mr. Hanson reported on the feasibility study for the golf course. He explained he has spoken with several golf course consultants and the estimated cost for a feasibility study is approximately $25,000 and would take approximately 2 months for the study but it will take some time to get proposals, etc, and believes year -end would be as quick as we could get this done. He stated if the Commission wants to move ahead, he would suggest they allow him to get proposals, review the responses and get a consultant to recommend and come back to the Commission with a recommendation on the award of a contract and a budget amendment to pay for it. He further reported on the irrigation for the golf course, stating after speaking with the country club board and Hampton Golf, they both indicated a solution to the irrigation problem is a key component to continued operation of the golf course no matter who runs it. He stated the last estimate the City had for re -use, the additional treatment of our wastewater so it can be used for irrigation water on the golf course, was approximately $1.5 million, which was done before the wastewater upgrades were constructed. He stated a number of components for the re -use system that would have been needed have been included in the wastewater plant expansion already so they believe they can get the job done, if they use re -use, for less than $1.5 million. He stated Public Utilities Director Donna Kaluzniak stated there are some improved technologies that are more affordable and more reliable, so they may be able to get this done with a different technology at a cheaper cost. He also stated the country club had a permit for some shallow wells, which has expired, and they may be able to get it reissued from the Water Management District. He stated with all these pieces in play, they believe they need to get an engineering review of the alternatives before moving ahead to try to figure out the best way to solve this problem, both in capital cost and operating cost. He stated they can get John Collins, the engineer that did the work on the wastewater plant, to do the work for approximately $8,000. He stated unless there is an objection from the Commission, they have adequate budget for this work. He stated assuming this is the direction they want to continue on, he believes they need to get an answer on how best to solve the irrigation problem. He also reported, as related to strategic planning, moving ahead on the Selva Marina Country Club project makes it necessary to stop some work on other priorities, i.e. the police building and the visioning plan. He stated depending on how the golf course progresses, they may be able to get back to these later in this strategic plan year, but for now they don't have time to do so. He further stated the union negotiations are taking time and the tipping fees with Jacksonville are also ongoing and both of these can't be put on the back burner. He stated running the City is a full -time business so working on these priorities is a secondary issue and there is a very limited amount of time they have on this. He stated as he sees it, this golf course project, depending on the Commission's discussion tonight, becomes the City's top strategic priority. 10. Reports and /or requests from City Commissioners and City Attorney A. Report pertaining to Selva Marina Country Club. Commissioner Mark stated City Manager Hanson, Hank Brigman and she first met with City Attorney Jensen to discuss the legal concerns before they met with Hampton Golf and the Selva Marina Board and then scheduled a meeting with Travis Norman of Hampton Golf, the liaison involved with the management aspects of Selva Marina when Hampton Golf was managing the club. She stated Mr. Norman reviewed with them the projections of the operating expenses and revenue of the Club if operated under a municipality status. She stated, as Mr. Hanson explained, the main concern of Selva is the irrigation challenge and Mr. Norman felt the assets of the club were the location and golf course layout. October 8, 2012 REGULAR COMMISSION MEETING Pase 6 She stated they also met with Kirk Hansen, the representative for the Selva Marina Board. She stated Mr. Hansen explained they are in negotiations with a developer which is the preferred option for them to seek. She stated the current debt of the club is approximately $4.3 million, including the bank loan, any outstanding accounts payable and any payroll liabilities. She stated Mr. Hansen stated the Board would consider any reasonable option from the City of Atlantic Beach, but only as an alternative if their current deal does not go forward for whatever reason. She further stated they spoke with Hampton Golf Club about having an independent feasibility study conducted and, if approved, would they cooperate with our contractor in providing any information and data in assistance with that feasibility study, to which Mr. Norman agreed. She stated they also asked Kirk Hansen if they could have a representative at the table while they were talking to the developer so, as a stakeholder, we would be involved in that process and if they would work with an independent consultant if the City hires one to conduct a feasibility study. She stated Mr. Hansen stated the board would agree to those two requests. Mayor Borno asked for a consensus, as related to strategic planning, that this a priority and they want to slow up other initiatives, in particular the police building and visioning. Commissioner Daugherty stated he believes they need to keep this on our radar but believes to take staff off other projects right now and to go to the expense of $25,000 for a feasibility study is premature at this point. Commissioner Mark stated she believes moving ahead with a feasibility study would be prudent at this point and doesn't believes it would require that much staff time because the consultant would be the one doing the work. She believes that is something we need to have done so they know from the beginning what their options are. Mayor Borno stated it does take staff time to be able to get that consultant on board and will slow things up, which is why he wants to concentrate on how they feel about strategic planning. Commissioner Mark stated she believes Selva is a huge piece of these other projects as well and until they know where they stand on Selva it may not be prudent of them to even look at these other big projects yet. She stated until they know what their position could be with Selva, to move forward with anything else she believes would not be the best use of time. Commissioner Woods agreed with Commissioner Mark in that it is always best to be in front of an issue instead of behind it, trying to catch up. She believes we are in limbo and can't make decisions on these other things we want to move ahead on until they know where this is or isn't going. Commissioner Beckenbach stated he was in favor of moving it up. Mayor Borno stated he agrees they need to move it up so they know what they are going to do if they have to do something. It was the consensus of the Commission to move Selva up on the strategic plan. Mayor Borno stated, regarding the feasibility study, he believes they should task the City Manager to pursue a consultant to do an independent feasibility study and task the City Manager and staff to work with John October 8, 2012 REGULAR COMMISSION MEETING Page 7 Collins to get an engineering review. He stated they will need both pieces of information if this comes about. Commissioner Woods stated she agreed with where he was going but wondered, since they have this committee set up, if this process should still continue to move through the committee. Mayor Borno stated they have finished and this is staff work. He stated using a committee ties up people and staff also and they should just do what staff is designed to do. Commissioner Woods stated she wanted to propose the question to the Commission as to whether they believe this committee we have set up should continue with the process. She stated it is an important issue and to have more than one person looking at it is a good thing to do, which is why she believes they set the committee up to begin with. Mayor Borno stated they officially did not form a committee. He stated they appointed three people to meet. He stated he did not designate them as a committee and did not give them a task. He stated they ask them to go meet and come back and report, which has been done. He stated we need to move on. He stated if we want to get a feasibility study and some timely answers, they need to have staff get us an independent consultant and get this engineering review if we want to keep a place at the table to be able to be represented. Commissioner Woods stated she believes this is something the Commission should be allowed to discuss. Mayor Borno stated the Commission doesn't set committees. Commissioner Daugherty agreed, stating according to the Charter the Mayor is the one who forms committees, with the Commission's approval. Commissioner Beckenbach stated there is no problem with that, he will just say it is a task force instead, so let's not say we aren't allowed to have a task force. He stated we are allowed to have a task force and he would ask that the Mayor consider, at least as far as the consultant, to have Jim Hanson, Commissioner Mark, and Hank Brigman look at the consultants. He stated that wouldn't take any more time for a review than it would for staff. City Manager Hanson stated it will take more time; a committee will slow the process down. He stated the reason he recommended it the way he did was because of the sense of urgency in trying to move this ahead. He stated depending on how they set this up it may be a committee we have to operate under posted meetings. He stated the last task, as he understood it, was to get facts and make a report which does not put it under the process of having to post meetings, etc. He stated if they have to go under that, it takes more time, but they can do that if that is what the Commission wants. Discussion ensued. Mayor Borno stated the Commission backdoored him at the last meeting when they wanted to set up what they called a committee, task force or whatever by consensus and he went along with it. He stated there is a report back from that group. He is not amenable to running this by committee. He stated that is their responsibility as elected officials to do their job when it is brought to them. He stated it doesn't have to run through committee, that is what they put the Commission up here for. He stated we have staff and they have responsibilities when we task them to do things and that should be the tasking that should be taking place to bring to us an independent consultant that specializes in these type of reviews. Commissioner Mark stated what she believes they are trying to do is streamline the process so this group of three would come back with the recommendation of who to hire as the consultant as opposed to Mr. Hanson bringing back three or four recommendations to the entire Commission and then the entire Commission discussing it and making a decision. Mr. Hanson stated that was not correct, what he had proposed was to bring back one recommendation from staff. He stated he would get staff involved and do this like they do for other professional service contracts by reviewing their proposals, make a recommendation and bring this back to the Commission with one recommendation. He stated if the Commission would prefer to have three other people other than staff do this, they can do that also. He stated he would still want to have staff involved in doing the ranking of the proposals because Ms. Kaluzniak and Mr. Carper have done a number of these and he values their ability to do that. Discussion ensued. October 8, 2012 REGULAR COMMISSION MEETING Page 8 Commissioner Daugherty stated he backs the Mayor on this. He asked City Attorney Jensen if the Commission can do what they are proposing because, according to the Charter, the Mayor is the one who forms committees with the approval of the Commission and this really reeks to him and sets dangerous precedent. He asked why are they doing it for this bid and not for i.e. the sewer main bid, or police building, etc. He stated what kind of precedent does that set for the future; do they not trust their City Manager to do this job and review the RFPs. He stated that is what it sounds like they are saying and he has a lot of problems with this philosophically. Discussion ensued. Mr. Jensen stated the group was already formed at the last meeting; the problem they have going forward, if the group continues beyond just mere fact finding, is they get into Sunshine Law requirements, i.e. posting meetings, having them open to the public, taking minutes, etc. He stated this is handling it different from the way the City normally does business. He stated they have to be careful when the three people go beyond just fact finding. Commissioner Daugherty asked if this three person group is allowed to exist past the directive that was given to them at the last commission meeting. Mr. Jensen stated that is up to this Commission to decide. Discussion ensued. Commissioner Mark asked the City Attorney if this level of involvement in the process of reviewing RFPs and making a decision rises to the level that we would be beyond the fact finding and it opens it up to Sunshine. Mr. Jensen stated, yes, definitely. Motion: Continue with the group designated at last meeting, City Manager Jim Hanson, Mayor Pro Tem Maria Mark and Hank Brigman, to meet with the City Manager and other staff he deems appropriate to review, discuss and vet any consultants that respond to the RFP concerning the feasibility study of Selva Marina Country Club as it relates to the City's involvement and come back with a recommendation. Moved by Woods, Seconded by Beckenbach Mayor Borno stated he is adamantly against this because the sole purpose is that they are continuing to try to backdoor and they are violating our Charter on setting up a committee, which is his prerogative. He stated he is not in favor of it and he will not appoint the committee. He stated he feels strongly that staff has the capability to find consultants to be able to do this review. He stated you don't run cities by committees; that is why you have elected officials. He stated when there is a necessity for a committee it should be appointed and should have a charge and tasking. Commissioner Woods called the question. Mayor Borno called for a vote on calling the question. Votes: Aye: 3 — Beckenbach, Mark, Woods Nay: 2 - Borno, Daugherty MOTION CARRIED October 8, 2012 REGULAR COMMISSION MEETING Page 9 Mayor Borno stated they have a motion and a second on the floor stating it is in violation of the Charter. Commissioner Woods stated the City Attorney said it is not in violation of the Charter. City Attorney Jensen stated he did not say that. He stated what he said is the group has already formed at the last meeting and went forward but they are now expanding that group's role which he does not believe is in violation of the Charter. He stated it is not a committee that has been appointed, but an informal fact finding group. Mayor Borno called for a vote on the original motion. Votes: Aye: 3 — Beckenbach, Mark, Woods Nay: 2 - Borno, Daugherty MOTION CARRIED B. Request for Commission to consider setting a policy for staff to have contracts and contract renewals ready for Commission approval at least two meetings before the expiration of the old contract or beginning date of the new one. Commissioner Daugherty summarized his reasons for this request, stating if they don't have this policy they are just rubber stamping what is given them. Motion: Direct staff to bring back a policy, effective January 1, for staff to have contracts and contract renewals ready for Commission approval at least two meetings before the expiration of the old contract or beginning date of the new one. Moved by Daugherty, Seconded by Woods Mr. Hanson explained in most cases it is simply a matter of moving the calendar forward but pointed out there will be some issues on some unusual things, such as insurance quotes, where they can't follow that policy. Discussion ensued. Mr. Hanson suggested he get staff together and bring back enough in response to what they have discussed so they will have something to look at and it will make it easier to move ahead. Votes: Aye: 4 — Beckenbach, Daugherty, Mark, Woods Nay: 1 - Borno MOTION CARRIED Commissioner Beckenbach • Asked the group when the note is due and have they considered speaking to the bank regarding the note. Commissioner Mark stated they wouldn't have any authority to talk to the bank. City Attorney Jensen stated the bank would not have any authority to talk to us. Commissioner Mark stated they are still in negotiations with the bank. Commissioner Beckenbach asked if there was an extension. Commissioner Mark reiterated they are still in negotiations with the bank. October 8,2012 REGULAR COMMISSION MEETING Page 10 Commissioner Woods • Gave an update on the dog situation on Magnolia Street, stating Chief Classey has collected a lot of affidavits, has it well under control and it is moving forward. Commissioner Mark • Stated she wanted to publicly apologize to Commissioner Daugherty for violating her own rules of interrupting, and to Commissioner Woods for usurping her when she had the floor. Mayor Borno • As related to the request from Kathy Bailey regarding texting, he requested the City Attorney and City Clerk come back with a recommended policy on texting. He stated he believes they shouldn't have their cell phones at the dais. City Manager Hanson clarified that what he is talking about is what Commissioner Daugherty brought up at the last meeting about text messaging at the dais during meetings, not text messaging for other things at other times. Commissioner Daugherty stated what he is concerned about is when he has people who text him during meetings asking something such as, what about this, or maybe you should have this point come up, and he doesn't want to be bothered with that. He stated he doesn't believe it is fair to the public for people to be communicating with the Commission about those issues. Mayor Borno stated his concern is that they don't get themselves in a bind with ethics. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:19 p.m. 16-PtAA- Mike Borno ATTEST: Mayor/Presiding Officer AVM/ (&4Zee Donna L. Bartle, CMC City Clerk