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11-13-12 MINUTES REGULAR CITY COMMISSION MEETING November 13, 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 Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Mark Beckenbach 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. A. Approve the minutes of the Regular Commission Meeting of October 22, 2012. B. Approve the minutes of the Special Called (Shade) Meeting of October 22, 2012. C. Approve the minutes of the Commission Briefing of October 19, 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. Mayor Borno read a quote from Abraham Lincoln. No one 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 Building Department Report and Utility Sales Report for October 2012 and the List of New Business Taxes in October 2012. November 13, 2012 REGULAR COMMISSION MEETING Page 2 Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item A. She stated she is pleased to see all the new businesses. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Mayor Borno reopened the Courtesy of the Floor to Visitors due to a late request. He stated because this was a late request he would only allow 2 minutes for him to speak. John November, 647 Beach Avenue, reported they successfully submitted the community coastal partnership grant. He further discussed strengthening the tree ordinance. He stated currently there is an exemption that allows people to clear -cut their property and then come back six months later and apply for a tree permit to determine if they need to save any trees on the property. He stated it should be clearly stated in the ordinance that this is strictly for minor improvements and does not also apply to demolition and rebuilding or building on lots that have never had a structure on them. He also stated there is nothing in the ordinance currently that states a clear checklist for a homeowner who wants to pull a permit on their property. He stated he is looking for direction from the Commission to allow staff to work with him, for which he will dedicate his time, to help strengthen the ordinance and bring it back to the commission for their formal decision in the future. Mayor Borno requested that Mr. November speak with the City Manager regarding this. Mayor Borno closed the Courtesy of the Floor to Visitors. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 90-12-215, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING REGULATIONS, SEC. 24 -51, NOTICE OF PUBLIC HEARINGS, AND SEC. 24 -69, FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 - 12 - 215 by title. Motion: Approve Ordinance No. 90 -12 -215. Moved by Woods, Seconded by Daugherty November 13, 2012 REGULAR COMMISSION MEETING Pau 3 Building and Zoning Director Mike Griffin summarized the ordinance stating staff made the change from 500 ft. to 300 ft. as well as the price for a use -by- exception to $350 to cover staff time. He further stated the ordinance currently requires two hearings, one with the Community Development Board and one with the Commission, but staff believes if they get together with the applicant to discuss the site plan it would eliminate a second hearing. He stated staff recommends the Commission approve the ordinance as submitted and they will look at changing this to a single hearing process at a later date. Commissioner Woods asked if that meant the Community Development Board would have final say on use -by- exceptions. Mr. Griffin stated that was correct, the applicant would go before the Community Development Board with a recommendation of staff. Commissioner Woods stated she was unsure how she feels about that, explaining her reasons. Mayor Borno suggested they ask staff to review the use -by- exceptions. Mr. Griffin stated they are developing a process for the use -by- exceptions so they are more upfront with the applicants going to a meeting. Mayor Borno requested staff get all those things together and bring that back to the Commission as an ordinance change. Commissioner Woods requested that the Commission see that before it shows up on the agenda. Mr. Hanson stated they will bring it back as a staff report first before going to any ordinance changes. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED B. ORDINANCE NO. 5-12-57, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, ADDING A NEW RULE 28, BANNING TEXTING AND USE OF CELL PHONES AT CITY COMMISSION MEETINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -12 -215 by title. Commissioner Woods stated she would make the motion to use the language that City Commissioners may have cell phones turned on during City Commission meetings, to be used only in the event of an emergency, as opposed to City Commissioners shall have cell phones turned off during City Commission meetings. Motion: Approve Ordinance No. 5 -12 -57 using the language that City Commissioners may have cell phones turned on during City Commission meetings, to be used only in the event of an emergency, as opposed to City Commissioners shall have cell phones turned off during City Commission meetings. Moved by Woods, Seconded by Daugherty Mayor Borno stated he is not in favor of this and believes the phones are a distraction. Votes: Aye: 3 — Daugherty, Mark, Woods Nay: 1- Borno November 13, 2012 REGULAR COMMISSION MEETING Page 4 MOTION CARRIED C. ORDINANCE NO. 20-12-118, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. Motion: Approve Ordinance No. 20 -12 -118. Moved by Woods, Seconded by Daugherty Finance Director Nelson Van Liere explained the year -end amendments to the operating budget and answered questions from the Commission. Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Item 8E was taken out of sequence and acted on at this time. 8E. Revised process for acquiring property from River Branch Foundation. City Manager Hanson summarized his staff report and explained the necessity for the emergency request. He stated they must first vote to agree to take this on as an emergency matter, then they would take up the budget amendment which puts in the revenue and a matching expense to receive the money from the Foundation and to purchase the property as two separate votes, one for the first reading and one for the second reading. He stated the last item would be to authorize Mayor Borno to execute all the related documents in the closing. Motion: 1) Approve the budget amendment at one meeting under the Emergency provisions to accommodate the request of the Foundation 2) Vote to approve both the first and second readings of the budget amending ordinance at the meeting on November 13, 2012, and 3) Authorize Mayor Borno to execute all related documents on behalf of the City of Atlantic Beach. Moved by Daugherty, Seconded by Woods Commissioner Woods thanked the River Branch Foundation for continuing to partner with the City and for making all of this happen. Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED D. ORDINANCE NO. 20-12-119, First and Second Readings AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -12 -119 by title. November 13, 2012 REGULAR COMMISSION MEETING Page 5 Motion: Approve the first reading of Ordinance No. 20 -12 -119 as an emergency item. Moved by Woods, Seconded by Daugherty Mayor Borno summarized the Ordinance. Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Motion: Approve the second reading of Ordinance No. 20 -12 -119 as an emergency item. Moved by Woods, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Sewer Rehabilitation for FY13. Utility Director Donna Kaluzniak explained this is a continuation of the sewer rehabilitation program and staff is requesting the Commission's approval to piggyback on JEA's contracts with Insituform and Concrete Conservation; using the City's annual contractor for point repairs, as needed; and asking for a 10% contingency to be used for any of those contractors during the project, as needed. Motion: Authorize Insituform Technologies, LLC to install cured -in -place pipe (CIPP) for the FY13 Sewer Rehabilitation Project in the amount of $162,824, using specifications and pricing in JEA Contract No. 116616. Authorize Concrete Conservation, Inc. to provide manhole rehabilitation for the project in the amount of $10,920 using specifications and pricing in JEA Contract No. 113044. Authorized Gruhn May, Inc. to perform point repairs estimated at $8,000 using prices in Bid No. 1011- 02. Authorize a contingency of $18,175 to be used for any of the three contracts as needed. Authorize the City Manager to sign the contracts with Insituform Technologies, LLC and Concrete Conservation, Inc. Moved by Woods, Seconded by Mark Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED B. Proposed policy on rebidding for service contracts and related Commission approvals. Mr. Hanson summarized his staff report explaining his recommendations. Motion: (1) Direct the staff to prepare and present most contract approvals or renewals at least two commission meetings before the contract deadline with an understanding that this provision may not November 13, 2012 REGULAR COMMISSION MEETING Pate 6 be obtainable in certain instances, (2) As to the dollar value and frequency for commission approvals, there are many factors to consider concerning extensions. These would include performance of the contractor, administrative time and cost to bid versus the size of the contract, the amount of competition available, disruption in changing vendors and other factors. The judgment of the top staff should be utilized as it has in the past to determine which contracts for service should be extended rather than rebid if they were within the three year period. A dollar value for contract approvals by the Commission has been set at $25,000 for some time and there does not appear to be any overwhelming reason to change it at this time, and (3) Concerning the possibility of listing all contracts online, the City already has an extensive online service for prospective vendors and staff answers questions from vendors on a daily basis on a wide variety of subjects, including when contracts may be up for renewal. The City's website includes a "Notify Me" option where prospective vendors can sign up to receive an email whenever a bid is being requested for a service for which they are interested. It is possible for the City to prepare a database that can be put online listing all of our current contracts and timeframes for bids. However, staff has pointed out that this database would have to be updated on a very regular (probably weekly) basis to keep it current. This would add a significant additional responsibility at a time when the City, because of budget constraints, has been eliminating staff to keep costs and tax rates down. Consequently, it is the staff's recommendation to keep the online services for prospective vendors as they have been in the past. Moved by Woods, Seconded by Daugherty Commissioner Mark stated to simplify this process for new contracts, going forward, she would like to proposed that they add the additional contract terms stating the City Manager could approve the extension of the two additional one -year periods at the same price of the existing contract, unless circumstances change that would require Commissioner discussion and/or approval. Mr. Hanson clarified that he believes Commissioner Mark is saying that when they bring a new contract to the Commission that they put on the motion to approve, if it is satisfactory to staff after the first year, to give staff the authority to extend it two additional years and if staff recommends not doing that they will rebid it and bring the bids back to the Commission. Public Works Director Rick Carper answered questions from the Commission. Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED C. Request for Approval of Scope and Fee Proposal for Marsh Preserves Kayak Launch, Fishing and Public Access Improvements Design and Permitting. Mr. Carper presented the request, summarizing his staff report. He answered questions from the Commission. Motion: Approve the Scope and Fee Proposal and authorize the City Manager to sign a contract with CPH / HHI for the proposed services in the amount of $34,000. Moved by Mark, Seconded by Daugherty Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 November 13, 2012 REGULAR COMMISSION MEETING Page 7 MOTION CARRIED D. Justice Assistance Grant. Chief Classey explained the Police Department received approval for a $2,700 Justice Assistance grant for purchase of law enforcement equipment. He stated staff is recommending the purchase of a night vision scope and is asking for authorization for the Mayor to sign all the related paperwork and for Chief Classey to be able to electronically sign on behalf of the Mayor for the online submission. Motion: Authorize the Mayor to sign the related paperwork for the application and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classes to submit the application on line and have the authorization to electronically sign the on -line application on behalf of the Mayor and the City. Moved by Woods, Seconded by Mark Discussion ensued and Chief Classey answered questions from the Commission. Votes: Aye: 4 — Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED E. Revised process for acquiring property from River Branch Foundation. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. City Manager Hanson reported the City received a donation of a light bar, siren and PA system from Mitch Reeves of Code 3 Inc. He stated they will put this on the new mule they are purchasing for the lifeguards. 10. Reports and/or requests from City Commissioners and City Attorney A. Status report regarding Golf Course. Mayor Pro Tem Mark reported on her meeting with Mike Carlin, the president of the Selva Marina Board who explained he has been working on a financial plan that will give the club a two -year window to try to get their deal with the developer finalized. She stated, based on his recommendations, she would suggest that the City wait on the feasibility study at this time. She also stated Mr. Carlin thought it would be extremely important for the City to be at the table during the discussions with the developer because irrigation is their number one priority and concern for the golf course. He stated he believes if the City, the developer and the country club could come together with a good solution in resolving that issue that would be a win -win for all. She stated Mr. Carlin explained it is the club's desire to remain a private country club, if possible, and that is what they are focused on. Discussion ensued. B. Grants. November 13, 2012 REGULAR COMMISSION MEETING Pate 9 Mayor Borno • Reported on the Veterans Day celebration at Veterans Memorial Park stating it was an exceptional event. He stated the Beaches Veterans Memorial Park has accomplished tremendous improvements over there compared to what they started with. He thanked the Public Works staff who worked really hard along with the volunteer labor from the Beaches Veterans Memorial Park. Mr. Hanson added, although some may not realize it, one person who really had something to do with the looks of that park was Commissioner Woods who actually designed the landscaping there for JTA when they did the flyover project several years ago. He stated it really looks a lot better, now that the trees have grown. • Will be at Florida League of Cities policy meetings in Orlando this Wednesday through Friday. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:00 p.m. m itzi L 1 /6 4 ,. 3 Mike Borno ATTEST: Mayor /Presiding Officer Donna L. Bartle, CMC City Clerk