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Agenda Packet January 14, 2013CITY OF ATLANTIC BEACH CITY COMMISSION MEETING January 14, 2013 - 6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of December 10, 2012. B. Approve the minutes of the Special Called (Shade) Commission Meeting of December 10, 2012. C. Approve the minutes of the Commission Briefing of December 6, 2012. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 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 Monthly Activity Report, the Utility Sales Report for November and December 2012, and the List of New Business Tax Receipts for December 2012. B. List of property to be declared surplus. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13 -01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA URGING LOCAL RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN FROM MARKETING AND /OR SELLING FLAVORED TOBACCO PRODUCTS; TO ELIMINATE ANY SELF - SERVICE DISPLAY OR PLACEMENT OF ANY TOBACCO PRODUCT, CANDY - FLAVORED TOBACCO PRODUCT, OR SMOKING PIPE AND SMOKING DEVICE, BY MEANS OF ANY SELF - SERVICE DISPLAY OR PLACEMENT, OR BY ANY MEANS OTHER THAN VENDOR - ASSISTED SALES; AND PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances None. 8. Miscellaneous Business 1 A. Marsh Master Plan Grant Writing Assistance. (City Manager) B. 9 -1 -1 Inter -Local Agreement FY 2013. (City Manager) C. Hazard Mitigation Grant. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, January 11, 2012. 2 WELCOME To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Refrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know MINUTES REGULAR CITY COMMISSION MEETING December 10, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of November 26, 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. A. Proclamation for Cindy Steeg Diaz, Teacher of the Year at Atlantic Beach Elementary. Mayor Borno read and presented Ms. Diaz with a Proclamation from the City recognizing her as the 2012 Teacher of the Year. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Annabelle Gonzolas, 515 West 6th Street, Jacksonville, spoke on behalf of Students Working Against Tobacco (SWAT) regarding their opposition to candy flavored tobacco products, explaining what these products are and how they are marketed to children. Alexis Babbs, 515 West 6th Street,- Jacksonville, spoke on behalf of Students Working Against Tobacco (SWAT) in opposition to candy flavored tobacco products and showed a map of cities and counties who have passed resolutions to urge tobacco resellers to cease the sale of the candy flavored tobacco products. She stated these resolutions will be used in presentations to organizations to encourage them to help SWAT in their fight against big tobacco. Mayor Borno thanked the representatives from SWAT stating with the consensus of this Commission later in the meeting they will have a resolution at our January meeting. Nancy Whittington, 1861 Beachside Court, addressed the Commission regarding Item 10B, stating she was in favor of videotaping. She stated she worked with the City's IT Director who has a deep bench of expertise in that area of technology. She asked the Commission to consider authorizing the Clerk's office involvement in evaluating the agenda management component of this project. She stated the Commission has an opportunity to augment the City's infrastructure to enable open government and Sunshine Law compliance. December 10 2012 REGULAR COMMISSION MEETING Page 2 She stated the investment of the camera equipment alone, is about what they were considering spending on the Selva Marina feasibility consultant. She reiterated she wants the Commission to consider approving this for Clerk's office involvement. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. Mr. Hanson reported on the request for details on the police report on calls of service. He further gave an update on the ped path project stating the Beaches Bikeway survey in the agenda packet includes a prioritized list of projects. He also explained a statement has been prepared on civility which will be included in future agenda packets. He further stated Mayor Borno requested updated wording on his instructions to the speakers which he used tonight. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the List of New Business Taxes for October 2012. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12 -17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES 2013 LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. December 10 2012 REGULAR COMMISSION MEETING Page 3 Mayor Borno read Resolution No. 12 -17 by title. Motion: Approve Resolution No. 12 -17. Moved by Woods, Seconded by Mark Mayor Borno explained the Resolution stating it was formulated in the Florida Leagues of Cities Policy Committee meetings. Commissioner Woods asked to add following Mayor in Section 3 ", Commissioners" and Staff. Motion: Amend Section 3 following Mayor by adding ", Commissioners" so it will read Mayor, Commissioners and Staff Moved by Woods, Seconded by Beckenbach Commissioner Daugherty asked if that includes travel to Tallahassee. Commissioner Woods stated it doesn't have to; when they come to town you can call them or anyway you want to contact them. Mayor Borno stated you can also meet with them in their local offices, because you don't get much attention when they are in session. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Woods further pointed out the section that refers to sober homes, which she believes affects Atlantic Beach where we have ordinances against temporary rentals and short-term rentals and believes this falls into this category. She stated we have a very family- oriented community and believes the Commission needs to pay special attention to this item. Mayor Borno called for a vote on the amended motion. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. RESOLUTION NO. 12-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING POLICE OFFICER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS. Mayor Borno read Resolution No. 12 -18 by title. Motion: Approve Resolution No. 12 -18. Moved by Daugherty, Seconded by Woods Mayor Borno explained the Florida League of Cities and Atlantic Beach are not against pensions but they are against being dictated to by the legislature and being issued unfunded mandates that they have no control over December 10, 2012 REGULAR COMMISSION MEETING Page 4 but have to operate under and are asking for relieve from these. Commissioner Woods stated she hopes this will make the process more fair for everybody involved because right now it is kind of lopsided in the expected outcomes and hopes to see some movement on this. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances None. 8. Miscellaneous Business A. Rose Park water feature. Public Works Director Rick Carper presented a slide of the Rose Park Conceptual Design, explaining the background of the request. He stated staff was very much in favor of this but since learning more of the state mandated requirements and health department requirements for a water park they are less in favor of it. He explained the requirements necessary should the water feature be added. He further explained adding a water park will increase our operations and maintenance costs for a population that is already pretty tightly strapped with our Marsh Preserves. He stated staff estimates the chemical, electricity and other costs, not including labor would be $7,000 + /year and adding the manpower cost, the total cost for the restroom and water park would be an additional City cost of $14,000 /year. He stated staff recommends they not add the water feature at this phase one but add lines for sewer and water services from the right -of -ways and study the matter some more. He answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to move ahead with the design phase. Mr. Hanson stated they will have the plans ready in a more formal sense for budget consideration next summer. 9. City Manager A. City Manager's Report. City Manager Hanson reported on the latest alcohol deployment stating of the 25 businesses checked none of the businesses sold to minors. He further reported the project was completed to put shields on the beach front lights to protect the sea turtles from the light shining on the beach. 10. Reports and /or requests from City Commissioners and City Attorney A. City Ordinances on flags. Commissioner Mark explained the background of this request stating she believes the language in Section 17- 2 and Section 17 -42 of the Ordinance should be reviewed by Mike Griffin and the Community Development Board for suggested rewording. December 10 2012 REGULAR COMMISSION MEETING Page 5 Motion: Have Section 17 -2 and Section 17 -42 of the Code of Ordinances reviewed by the Community Development Board for possible language clarification. Moved by Mark, Seconded by Woods Commissioner Daugherty asked to amend to also review new business opening signs for grand openings. Motion: Amend to also review wording related to and make recommendations for parameters for new businesses to have grand openings signs. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended motion. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Report on videotaping Commission meetings. Commissioner Woods stated this issue of videotaping has been looked at in the past, explaining at the direction of the Commission she, an informal research group of citizens and IT Director Keith Randich have looked into this again. She summarized her report, explaining this process ties all the information together, puts it on the web in real time so any device can access the information and people can easily understand, search and use the information. She explained the options the research group proposed for the Commission to consider along with the costs of each. She stated the groups she mentions in her report, Novus and Swagit, really focus on Florida, understand the requirements of our Sunshine Laws and they thought they were a good match for us. She stated their training and implementation is tailored to our City's needs and they define a layout for the Commission and Staff that is easy to use and adopt. She stated at this point they will come in and set up the program and software and let us go through two meeting cycles with the software to see how we like it. She stated you don't need the video streaming to do this part, so you can understand just the agenda compilation and getting everything in the cloud and how all the search mechanisms would work so we could have a real grasp of what our savings might begin to look like with this. She stated their one stipulation for that program is that financing has been committed. She stated if the City decides not to continue, we don't have to pay but if we decide we want to they want to make sure the City has committed to the cost, which is about $1,000 /month, which includes the video streaming. She stated if we were just to go with the agenda presentation it is about $350 /month. She stated that is not a big investment and allows a big benefit of being able to search all this information online and simplify the process. She stated the next step, if they like the way that works and they move to the video streaming, is to tie this in with the video streaming so when you are looking at it online this is the agenda packet that is packaged together and presented so it can be searched in real time. She answered questions from the Commission. Discussion ensued. December 10. 2012 REGULAR COMMISSION MEETING Page 6 City Manager Hanson explained purchasing limits are $25,000 and over that amount we take bids which come to the commission for approval. He stated there is no question that having videos of Commission meetings available for the public would be a great service to the public. He stated the issue of the agenda preparation was brought up basically because a salesman said you can save time and this is a way to justify the cost. He stated from discussions with staff most of our agenda preparation is done electronically anyway so they don't see the savings. He stated he would advise the Commission to consider whether they want the video part of it or not and if they do staff can look at, from a staff standpoint, whether this makes it better for us in saving time, etc. He stated the opportunity at hand is offering a video to the public and it is a simple question of do they want to spend the money to do that. He stated they may get some side benefits from it but staff has not spent a lot of time looking at this yet. When it was brought up before there was no interest from the Commission in having staff redo the old report from a couple of years ago. He stated Commissioner Woods asked to look into it and get someone to help her and she was told yes. He believes that is where Donna Bartle was saying she wasn't supposed to be spending a lot of time on it. He stated Keith Randich has spent a lot of time on this. He stated he believes they need to have a Commission decision on whether they want to do this and, if they do, staff will certainly spend more time on it. He believes the main issue is the video part of it, not side things about whether we can prepare the agenda any quicker because he doesn't see tremendous savings on staff's part. He stated they don't hand carry hard copies back and forth for mark -up, they are done electronically. He stated the real issue at hand is should the City offer this service for the public. Commissioner Woods stated this is investing in the community and she believes the desire is out there in the community. She stated this allows citizens to do their own research. She stated it is not a huge amount of money but is a big investment in the community and makes us more modern, accessible to the public, more professional, and also gives us the opportunity to have our public relations videos out there. Commissioner Mark stated she believes this should be part of strategic planning to see if the citizens want it. Commissioner Woods stated she does not believe they need to tie it together and believes they can move forward with the Novus agenda software and very inexpensively give the citizens the ability to search the agenda and minutes and find information that way. She stated at some point if they want to add the video streaming then they are already there. City Clerk Bartle asked if the reason Commissioner Woods wanted to get the Novus agenda is in case they go with the video streaming, it is ready to integrate. She stated there are other vendors who do that. Commissioner Woods stated Mr. Randich explained, and as they found in their research, the ones that work the best in Florida are the Swagit and Novus and they kind of go together. Ms. Bartle stated if they aren't interested in the video feeds and there are other benefits she likes, there are other ways to get that benefit. She stated there are other ways to be able to see the agenda, minutes, etc. without having to upload it and we can include all the records we have on Laserfiche if we get a program that lets people access what we already have. She reiterated there are other ways of getting to where she wants to go and it doesn't have to be done through the video streaming. Commissioner Beckenbach stated before any type of vote, he would like to read the information they have from the different cities and also asked that the City Clerk be allowed to discuss with the cities that have a similar program and report back with what they have to say. Discussion ensued. December 10 2012 REGULAR COMMISSION MEETING Page 7 Mr. Hanson stated they are talking about two issues and they are trying to interchange the two of them. He stated one issue is video for the public to see, which is what this group started looking at. He stated now he is hearing concerns about the accessibility of other documents on our website, which is an entirely different subject. He stated there are a lot of ways to solve that but he believes that is totally unrelated. He stated if the Commission directs staff to go after that, they will do it, but right now they are talking about two separate subjects. Motion: Direct staff to research the eMeeting software and options and report back. Moved by Daugherty, Seconded by Motion failed for lack of a second. Motion: Authorize staff to analyze the eMeeting system, finalize software options, savings estimates, authorize staff to take all the necessary actions to have video equipment installed, purchase necessary software; initialize video - streamed Commission meetings with agenda workflow and e- meeting, automated minutes generation, creation of integrated historical archives and take into the concerns of the crossed information research that's identified by the City Clerk and parameters of savings and come back with a report when that is all together so that then we can make a final decision and asked that that be broke into, not a lump -sum bottom -line figure, but it come in structure. Moved by Borno, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 1 -Daugherty MOTION CARRIED C. Appointments to Community Development Board. Commissioner Daugherty explained the Board Member review committee met for the four upcoming vacancies on the Community Development Board and made the following recommendations: Motion: Reappointing Kelly Elmore, A. Brea Paul and Harleston Parkes to serve an additional term on the Community Development Board beginning January 1, 2013. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Appoint Sylvia Simmons to serve as a new member on the Community Development Board beginning January 1, 2013. Moved by Daugherty, Seconded by Mayor Borno Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED December 10, 2012 REGULAR COMMISSION MEETING Page 8 Mayor Borno read an email (which is attached and made part of this Official Record as Attachment A) he sent to the Commission, related to his recommendation for an emergency item, that since December 31 falls on a Monday this year and New Years Day falls on a Tuesday that the employees be given December 31 as an additional holiday for this one time. Motion: Declare this an Emergency Issue. Moved by Borno, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Give Staff the day off on December 31, 2012 as a one -time holiday. Moved by Borno, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty • Reported on a source of funding for the Bike Path through the Safe Paths to School federal program grant. Reported on his attendance at the FLC meeting and his conversation with Redman Consulting, who helped us bid out our trash contract, regarding a survey page they have on their website. He requested the City Manager research and report back on getting that type of survey on our website. Commissioner Beckenbach Asked if anything has been done regarding Visioning. Mr. Hanson stated at the last meeting when this was brought up he was going to contact us and he has not talked to him. Commissioner Beckenbach stated he did talk to him, they had a conversation, but that's alright, it's not a big deal. Received a call from Don Wolfson asking if the Commission had a Shade meeting pertaining to the judicial report that went through and whether an appeal decision went through the Commission. He stated he did not understand whether they needed a Shade meeting in order for the Commission to make that determination. City Attorney Jensen stated there is not a need for a Shade meeting; that is something he would have to request from the Commission. He stated that is pending litigation that is going forward. He stated the Shade meetings are limited in topics to settlement negotiations, which there are none at this point in time, or litigation expenses, which there are none at this time, so there is no reason for a Shade meeting. He stated he did not feel the need to request one because none of those issues were present. Commissioner Woods stated she thought Shade meetings were to discuss litigation. Mr. Jensen stated you have to have pending litigation to have a Shade meeting. Commissioner Woods ask if this was not pending litigation. Mr. Jensen stated yes it is. Commissioner Woods asked if they can request a Shade meeting. Mr. Jensen stated no, statute says that the City Attorney requests the Shade meeting. Commissioner Woods stated so he gets to decide the direction that the lawsuit goes without any input. Mr. Jensen stated he handles the legal litigation for the City and he makes the decisions as to what type of pleadings to file in all types of cases; he does that every day virtually. He stated this was not a decision he made by himself. Commissioner December 10, 2012 REGULAR COMMISSION MEETING Page 9 Beckenbach asked who else he made it with. Mr. Jensen stated he contacted the attorney who is handling the appeal and relied on her expertise, especially in this area of law. He stated it was her strong recommendation. He stated he sent the email out about two weeks ago and didn't hear anything from anyone until today. Commissioner Woods stated she should have called but didn't because she thought he would be asking for a Shade meeting and could only do that at a Commission meeting, so she expected him to do that tonight. Mr. Jensen stated the email that was distributed to everyone did not say that; it said that the appeal was being processed and we were going forward with the appeal based on the recommendations from the attorney. Mr. Jensen stated if the Commission wants to direct him to come to them with every decision he has to make with every pleading that's filed in every lawsuit, he will be happy to do that, but generally you don't like to discuss pending litigation in public meetings and if there is an issue where he feels there is direction needed he confers with others involved, generally the City Manager and if there is outside counsel involved he confers with them. He stated if they need direction then they ask for a Shade meeting. Commissioner Woods asked if there was any additional expenses in this case. Mr. Jensen stated no. Commissioner Woods • Received call from a citizen asking about parking tickets being issued after 11:00 p.m. who wondered if there was a way for citizens to have a citizen sticker so they would not get ticketed for parking in their own neighborhood or visiting a friend after 11:00 p.m. Mr. Hanson explained the background to the policy, stating the neighbors around those beach accesses have insisted that they do run people off at night because in the evenings it is not normal beach access but teenagers out there partying on the beach. Chief Classey stated those parking restrictions were put in place in response to citizen complaints. He stated to have a system of putting a sticker in place for City residents that give them more ability to be able to park somewhere during certain hours, he does not believe would be a good move to make. Mr. Hanson further stated if you are going to accept County and State money for beach renourishment your beach accesses have to be open to everybody equally. Stated she was thrilled they scheduled the workshop on the police building; however, at the September 10 Commission meeting the Commission unanimously voted to have a town hall meeting before the workshop. She stated she therefore wants to schedule a town hall meeting before the workshop as was discussed previously. Mr. Hanson stated they did work very hard to schedule a meeting for that and there was no time that all commissioners would agree to. She stated there was nothing in the vote that said everyone had to be in attendance so she would like to have staff schedule one and whoever can come can come but they need to give the citizens the opportunity for the town hall meeting. She asked for consensus from the Commission to move forward in that direction. Discussion ensued. Mr. Hanson stated if they are willing to do it without everyone being there, then staff could poll everyone in the next day or so and set it on the date when the most people can attend. It was the consensus of the Commission to schedule this for Saturday, January 5, 2013 in the Chamber. • Thanked everyone for coming to the workshop last Thursday and believes it went well. Mr. Hanson stated they agreed to do this one more time on the Thursday before the next Commission meeting, which would be January 10, 2013. Mayor Borno stated it is not mandatory, but they can arrange for a telephone if they want to call in. Mr. Hanson stated they can call in and listen, but State law says, as in a Commission meeting, you can't call in and vote. Mr. Jensen agreed, stating in general that is correct. Gave holiday wishes to everyone, stating enjoy your family, enjoy your loved ones and enjoy yourself. December 10, 2012 REGULAR COMMISSION MEETING Page 10 Commissioner Mark • Stated she was hoping the Thursday workshops were going to make the Commission meeting go a lot quicker but it didn't seem to do that, so maybe they will have better luck next time. • Wished everyone Happy Holidays and as the year closes that they remember to give thanks and look out for those who don't have much and be willing to share. She stated she loved Nancy's last page in the agenda packet, which she will finish with — and to all a Goodnight. Mayor Borno • Congratulated the Atlantic Beach Police Explorer Troup for their assistance with the lighting of the tree on December 1. He stated they made a humongous difference with great crowd control and it went as smooth as clockwork. He also thanked the Public Works staff who were working there. • Asked for consensus to request staff to prepare a resolution regarding the candy flavored tobacco. It was the consensus of the Commission to support this and put it on the next meeting agenda. • Wished everyone a Merry Christmas and Happy New Year. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:33 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno Mayor/Presiding Officer ATTACHMENT A Employee Relations Proposal To; City Commissioners From; Mike Borno, Mayor Date; December 7, 2012 We have a rare situation this year with New Years Day falling on a Tuesday. Most of the staff will be off for the weekend, return Monday to work one day and be off again for New Years. I believe we should consider giving Monday, December 31St off as a holiday for this one time. It would be a good gesture to our hard working staff during these difficult times. The out of pocket costs to the City for those employees who would still have to work on that day would total less than $2,500. Of course, the value of the work not done on that day would be considerably more. Because of the rising costs of our employee pension plans and the difficult economic times that Atlantic Beach and other cities across our country have found themselves in, we have asked our employees to amend or reduce pension benefits, shoulder a larger share of the cost for pensions, cut back on personal leave and eliminate the longevity program. I plan to introduce the additional holiday at the Commission meeting on Monday, December 10th. Because this is the last regular meeting we will have prior to the end of the year and it is not listed as an action item on the agenda, we will have the option to take it up as a emergency or we could set a special meeting to deal with this issue. I apologize for not thinking of this earlier so that it could be put on the agenda properly. This is being sent to you to provide time for you to consider it prior to the meeting. cc: Jim Hanson Donna Bartle Alan Jensen MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON DECEMBER 10, 2012 PRESENT: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Sue Danhauser, HR Director John Dickinson, Partner /Office Head — Constangy, Brooks & Smith The Mayor called the meeting to order at 5:04 p.m. in the City Hall North Conference Room for the purpose of discussing matters related to Union negotiations. The meeting was adjourned at 6:14 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk Minutes of Commission Briefing December 6, 2012 Present: Mayor Mike Borno, Commissioners Jonathan Daugherty, Maria Mark and Carolyn Woods, City Manager Jim Hanson, Mayor Borno called the meeting to order in the Commission Chamber at 3:00 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on December 10, 2012, as follows: Commission Meeting December 10, 2012 • Mr. Hanson reported there will be a Shade meeting at 5:00 on Monday before the Commission meeting to discuss union negotiations; food will be provided. • l OB; Videotaping of meetings - Report given by Commissioner Woods and presentation of the Ft. Pierce website given by IT Manager Keith Randich. • 8A - Rose Park water feature — Report given by Rick Carper. • 3A - Follow -up Reports ➢ Possible Ped path enhancements ➢ Civility wording • 6A - Resolution on FLC priorities • 6B - Resolution on pension reform • l OA - City Ordinance on Flags — Report given by Commissioner Mark. 2. Mr. Hanson explained discretionary funding requests are best discussed during budget meetings rather than now with the Blue Collar Union in impasse with their negotiations and employee benefits being lowered 3. Upcoming workshops ➢ January 14, 2013 at 4:30 -Police Building (Mr. Hanson pointed out that videos are being produced of the Police Department building). 4. Mr. Hanson reported that Michael Grant (tennis instructor) did not get the proper insurance required by the City so his contract is voided. 5. Jordan Center — Mr. Hanson explained Habitat will be moving out which will free up space for other activities at the Jordan Center. 6. Format of these Workshops • Discussion on whether these meeting should be mandatory. • Discussion of the best time /date for the meetings. • Commissioner Mark discussed possibility of having the regular Commission meetings become one regular meeting and one workshop a month. • Workshop suggestions: ➢ Not for making decisions; information sharing only ➢ Do not discuss quasi-judicial items (must disclose, open for criticism; prejudice decision) The Mayor adjourned the meeting at 5:10 p.m. Mike Borno, Mayor BUILDING DEPT. MONTHLY ACTIVITY REPORT COMPARISON REPORT REPORT FOR THE MONTH OF NOVEMBER 2012 COMPARISION 2011 - 2012 PERMIT TYPE NUMBER OF PERMITS TOTAL INSPECTIONS YTD 2011 YTD 2012 YTD 2011 YTD 2012 YTD 2011 YTO 2012 SINGLE FAMILY 30 24 $ 2,976,000.00 $ 7,862,045.00 DUPLEX 0 0 $ - REMODEL/ADDITIONS 441 276 $ 7,736,564.00 $ 4,693,082.00 COMMERCIAL NEW 3 0 $ 823,000.00 OTHER 1374 2300 $ 3,336,600.00 $ 9,077,175.00 TOTALI 1848 1 2600 $ 14,872,164.00 $ 21,632,302.00 3610 4474 PERMITS ISSUED FOR THE MONTH OF NOVEMBER 2012 NO.PERMITS 0 PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED BUILDING 192 SINGLE FAMILY NEW DUPLEX MULTI FAM ELECTRICAL 111 RESIDENTIAL ADDITIONS 4 $ 2,296.50 $ 427,000.00 PLUMBING 51 COMMERCIAL NEW MECHANICAL 95 COMERCIAL ADDITIONS MISC. 6 COMMERCIAL ALTERATIONS PERMITS MISC 12 $ 1,267.85 $ 124,500.00 TOTAL 455 ELECTRICAL 34 $ 2,722.65 MECHANICAL GAS 4 $ 312.00 $ 6,276.00 MECHANICAL HVAC 31 $ 3,429.00 PLUMBING 30 $ 3,365.00 ROOFING 21 $ 2,290.00 $ 241,699.00 WINDOW /DOOR 17 $ 1,105.00 $ 57,777.00 DEMOLITION 2 $ 200.00 REINSPECTION FEES Proiects to Note FOUNDATION 3 $ 192.50 $ 10,170.00 OCCUPANCY INSPECTIONS 5 $ 500.00 PENALTY FEES 7 $ 1,239.20 $ 18,000.00 SIGNS 4 $ 370.00 FENCES 5 $ 175.00 z DRIVEWAYS 5 $ 175.00 _ WELL 2 $ 150.00 SIDING 4 $ 180.00 $ 3,816.00 _ POOL N TOTAL 190 $ 19,969.70 $ 889,238.00 w a C1 z d Y m AGENDA ITEM # 4A JANUARY 14, 2013 City of Atlantic Beach, Fl. Utility Sales Report ._✓'rte,_- ``_��,- �^''.r7/r"r � November 2012 November 2011 T � r s non _ lr Gallons Actual Revenue Gallons Actual Revenue a Water Sales Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 gi T Atlantic Beach 5,622 36,854 $139,792 $3.79 5,581 38,654 $144,364 $3.73 Buccaneer 21474 16,504 $87,829 $5.32 - 2,458 18,483 $102,247 $5.530 Total Water Sales 8,096 53,358 $227,621 $4.27 8,039 57,137 $246,611 $4.32 Gallons Gallons Water Plant Production 0000 0000 Atlantic Beach 43,192 47,043 Buccaneer 17,774 20,753 Total Production 60,966 67,796 Y Total Water Billed 53,358 57,137 f; Water Loss for month: 7,608 10,659 Percentage Loss 12.48% 15.72% Total 12 mo. Avg. Loss 15.85% 17.40% Gallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 gi Atlantic Beach 5,191 29,875 $230,901 $7.73- 5,143 30,870 $235,261 $7.62 Buccaneer 2,368 18,157 $174,733 $9.62 2,354 18,188 $175,246 $9.64 A Total Sewer Sales 7,559 48,032 $405,634 $8.450 7,497 49,058 $410,507 $8.37 Gallons Actual Revenue Gallons Actual Revenue Sewer Treatment 0000 Revenue Per 1,000 gi 0000 Revenue Per 1,000 gi Atlantic Beach - 52.389 Yr $405,634 $7.74 43.336 $235,261 $5.43 Total Sewer Treated 52.389 18.452 $175,246 $950 $405,634 $7.74 61.788 $410,507 $6.64, w. _ _ Y= _1 AGENDA ITEM # 4A JANUARY 14, 20I3 City of Atlantic Beach, Fl. Utility Sales Report December 2012 k December 2011 Gallons Actual Revenue Gallons Actual Revenue Water Sales Accounts 0000 Revenue Per 1,000 gi I- Accounts 0000 Revenue Per 1,000 gl Atlantic Beach 5,601 39,021 $146,821 $3.76 5,579 38,153 $142,253 $3.73' Buccaneer 2,437 18,157 $92,361 $5.09 1 2,468 18,196 $97,876 $5.38 Total Water Sales 8,038 57,178 $239,183 $4.18 8,047 56,349 $240,129 $4.261- Gallons Gallons Water Plant Production 0000 0000 Atlantic Beach 39,100 47,152 Buccaneer 16,673 19,510 Total Production 55,773 66,662 Total Water Billed 57,178 56,349 Water Loss for month; -1,405 10,313 Percentage Loss - 2.52% 15.47% Total 12 mo. Avg. Loss 14.59% 17.34% w Gallons Actual Revenue Gallons Actual Revenue Sewer Sales c Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 g1 Atlantic Beach 7,053 31,441 $239,266 $7.61 5,153 31,685 $239,587 $7.56' Buccaneer 2,362 19,059 $178,899 $9.39 2,367 19,252 $180,211 $9.36 Total Sewer Sales 9,415 50,500 $418,165 $8.28 7,520 50,937 $419,798 $8.24 Gallons Actual Revenue Gallons Actual Revenue Sewer Treatment 0000 Revenue Per 1,000 gi 0000 Revenue Per 1,000 gi Atlantic Beach 54.746 $418,165 $7.64 45.548 $239,587 $5.26 18.959 $180,211 $9.51 Total Sewer Treated 54.746 $418,165 $7.64 64.507 $419,798 $6.51 PREPARED 1/07/13, 8:11:59 LICENSE ACTIVITY REPORT BY BUSINESS NAME -------- - - - - -- NEW LICENSES ------- - - - - -- AC: City of Atlantic Beach NEW LICENSES FOR YEAR: 2013 BETWEEN: 12/01/12 TO 12/31/12 0 yC) PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES OB: Z Cn 0 LIC: 8 - - - - -- - - z ------------------------------------------------------------------------------------- LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS BUS PHONE - � ------------------------- ---------------------------------------------------------- - - - - -- --------- - - - - -- Cn 13- 00007646 ATLANTIC BEACH KWIK TRIP 12/20/12 NEW SERVICE STATION No 4t- 715 ATLANTIC BLVD ATLANTIC BEACH FL 32233 13- 00007631 INTRACOASTAL ENVIRONMENTAL, LL 12/06/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 1575 MAIN ST 904- 249 -8004 ATLANTIC BEACH FL 32233 13- 00007641 LITTLE CAESARS 12/06/12 NEW RESTAURANTS(INC. SNACK BARS & TAKE 0 953 ATLANTIC BLVD UNIT4 904 - 686 -1156 ATLANTIC BEACH FL 32233 13- 00007648 OCEANSTYLE 12/28/12 NEW MISCELLANEOUS SALES, OTHER THAN LIST 904 - 270 -0553 1961 MIPAULA CT ATLANTIC BEACH FL 32233 13- 00007642 ON GOSSAMER WINGS 12/06/12 NEW CLOTHING 363 ATLANTIC BLVD UNIT 09 904 - 249 -0069 ATLANTIC BEACH FL 32233 13- 00007643 PLANET POTTERY, INC. 12/20/12 NEW MISCELLANEOUS SALES, OTHER THAN LIST 535 ATLANTIC BLVD 511 904 - 705 -3994 ATLANTIC BEACH FL 32233 13- 00007649 VINTAGE BARBER SHOP LLC. 12/28/12 NEW BARBER SHOP 904 - 303 -5864 1021 ATLANTIC BLVD ATLANTIC BEACH FL 32233 13- 00007647 7 DIMENSIONS RETREAT 12/26/12 NEW MASSAGE THERAPIST 751 ATLANTIC BLVD 755 904 - 386 -8664 ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES ------- - - - - -- AC: 7 PP: 1 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 8 AGENDA ITEM 6 4H JANUARY 14.2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: City property ( Large Track) to be declared surplus SUBMITTED BY: Nelson Van Liere, Finance Director DATE: January 7, 2013 BACKGROUND!: Over time, the City accumulates various properties that lose their usefulness due to deterioration or obsolescence. Only items deemed truly of no use to the City are declared surplus. The fallowing, item has reached the end of its useful life. 1999 Mack Truck vin number #1 M2P264CSXM029423 BUDGET: There is no budget for this action. Proceeds from the sale or trade of the vehicle will be distributed to the fund from which the property came. This is a Public Utility Vehicle. RECOMMENDATION: Declare the 1999 Mack Truck surplus so that it may be disposed of in the most beneficial way to the City. ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM # 6A JANUARY 14, 2013 RESOLUTION NO. 13-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING TOBACCO RETAILERS TO ADOPT A VOLUNTARY RETAIL POICY TO PROHIBIT AND /OR RESTRICT THE SALE AND MARKETING OF CANDY FLAVORED TOBACCO IN THE CITY OF ATLANTIC BEACH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, tobacco use is the number one cause of preventable deaths in the United States, and almost 90% of tobacco users and smokers started before they were 18 years old, and WHEREAS, each day more than 4,000 young people try smoking for the first time, and another 2,000 youths become regular daily smokers, and WHEREAS the Surgeon General has concluded that tobacco advertising greatly contributes to youth smoking rates, and. WHEREAS, an estimated one -third of adolescent experimentation with smoking can be directly attributed to tobacco advertising and promotional activities, and WHEREAS, internal tobacco industry documents strongly suggest that manufacturers intentionally target youth through use of candy -like flavors in tobacco products, and WHEREAS, research from the Harvard School of Public Health (published November 2005) found that cigarette makers are targeting young smokers with new candy and liqueur flavored brands that mask the harsh and toxic properties found in tobacco smoke. Tobacco companies use youth - oriented, colorful and stylish packaging, and exploit adolescents' attraction to candy flavors with names such as "Mandarin Mint," "Winter Warm Toffee" and "Twists Chill", and WHEREAS, national studies have found that the vast majority of people who are using these flavored tobacco products are youth and young adults, and WHEREAS, candy flavored tobacco products are defined as loose tobacco, including snuff flour, plug and twist tobacco, fine cutes, chewing tobacco, snus, shisha tobacco, smoking or snuffing tobacco products, and all other kinds and forms of tobacco, including, but not limited to, cigarettes, cigars, smokeless tobacco products and blunt wraps, prepared in such a manner with the purpose for chewing, inhaling, smoking or ingesting in any manner in which the products or any of its component parts (including the tobacco, filter, or paper) contain, as a constituent (including a smoke constituent) or additive, an artificial flavor (other than tobacco or menthol) or an herb or spice, including, but not limited to, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, or alcohol flavors, that is a characterizing flavor of the tobacco product or tobacco smoke. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: AGENDA ITEM # 6A JANUARY 14, 2013 SECTION I. The City Commission of the City of Atlantic Beach, Florida, urges all local retailers who sell tobacco products to cease the sale and marketing of all candy flavored tobacco products, which are defined as loose tobacco, including snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, including, but not limited to, cigarettes, cigars, smokeless tobacco products and blunt wraps, prepared in such a manner with the purpose for chewing, inhaling, smoking or ingesting in any manner which have been flavored through the addition of natural or artificial flavorings, herbs, spices or other means with flavors characterizing fruit, candy, alcohol or other similar flavorings with the exception that menthol will not be included in this definition. SECTION 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this day of January, 2013. ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Louis "Mike" Bomo, Jr., Mayor AGENDA i,rnm It tilt JANUARY 14, 2013 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Marsh Master Plan Grant Writing Assistance DATE: December 28, 2092 SUBMITTED BY: Ricky L. Carper, P.F., Public Works Director;'- I--- BACKGROUND: The City's Marsh Master Plan includes many projects that are anticipated to need grant funding assistance for constriction. The Preserves Pedestrian Path connecting Tideviews Preserve to Dutton Island Road is not only the most popular of the proposed projects, it will also be the most expensive to design; permit and construct, even though planned in four phases , Staff considers that a possible means to accelerate the process is to have design and permitting for the entire pedestrian path done in one operation, then to construct in phases as funds and grants become available. Because design will require significant amount of survey over wetlands, this will also be an expensive task, but one that could potentially receive grant funding from various government agencies and private organizations. Staff requested and obtained a proposal for Grant Research and Writing Assistance from HHI Design. This fine was intimately involved in development of the Marsh Master Plan and also wrote the successful grant request to the Florida Inland Navigation District (FIND) for Design and Permitting of the initial three Marsh Master Plan projects currently underway. Staff intends to apply for FIND grants for design and permitting and then for construction of this project, but also will use the Grant Assistance to identify and apply for additional grants for those purposes. BUDGET: There are no funds budgeted for Grant Assistance, If this proposal is approved, staff will prepare a budget modification for $20,000 from the General Fund, RECOMMENDATIONS: Approve the Grant Support Services Proposal from HHI Design and authorize the City Manager to sign the application for the grant when completed. ATTACHMENTS: HHI Design Proposal to provide Marsh Master Plan Grant Support Services for the Preserves Pedestrian Path REVIEWED BY CITY MANAGER: December 14, 2012 Rick L. Carper Public Works Director /City Engineer City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 Re: Marsh Master Plan Grant Support Services Dear Mr. Carper: AGENDA ITEM # 8A JANUARY 14, 2013 1021 east robinson street, suite b orlando, fl 32801 -2004 407.422.1449 (phone /fax) www.hhidesign.com florida license LCC000027 We are pleased to submit this scope of work and fee proposal to assist the City of Atlantic Beach in researching, applying for and administrating alternative funding programs that will permit the City to implement the projects and programs identified in the Marsh Master Plan. Such funding programs include but may not be limited to local /state /federal grants as well as private foundations and organizations that provide potential funding for projects such as those identified in the Marsh Master Plan. This proposal is for grants related to the Marsh Pedestrian path only. I am familiar with the Marsh Master Plan having participated in its development. I also assisted the City in writing the 2012 FIND Grant for that was approved. This experience will reduce the overall level of effort required to draft responses. The following are specific tasks where the City may choose to enlist my services. Task 1.0 Identification of Potential Alternative Funding Sources HHI Design will research potential alternative funding sources for which funds may be available for the calendar year 2013. HHI Design will prepare an application matrix that identifies the funding source, timeframe for applying, program requirements, available funding and potential projects that may be implemented for a variety of programs. Once the matrix is completed, HHI Design will meet with the City and present the information and discuss the action for potential applications. HHI Design will maintain the matrix and update it as additional programs or information become available throughout the year. The initial funding matrix will be prepared and presented to the City within two (2) weeks from Notice to Proceed. AGENDA ITEM # 8A JANUARY 14, 20I3 City of Atlantic Beach Marsh Master Plan Funding Support Services Scope of Work and Fees December 14, 2012 Page 2 of 3 Task 2.0 Grant Application Services If directed to do so by the City, HHI Design will prepare specific grant applications such as the next FIND cycle for funds to design, permit and implement projects that were identified in the City's Marsh Master Plan. In this capacity, HHI Design will be responsible for completing all required forms and producing all supporting exhibits and documentation. They will coordinate with the City for seeking support letters and City Commission approval as may be required for a specific funding program. HHI Design will, if deemed appropriate by the City, make all required copies and ensure that applications are properly delivered prior to the deadline. All costs for such reproduction will be direct costs. If the grant requires a presentation with a review officer or board, HHI Design will be available to support the City through attendance at such presentation. This will include any presentation that may be desired by the City Commission. Task 3.0 Grant Administration Support Services If directed to do so by the City, HHI Design will provide grant administration services which may include preparing reports and documentation to support and ensure reimbursement of funds to the City for specific grant programs. Once it has been determined that HHI Design's services are needed for this task, a scope of work and estimated level of effort will be drafted and submitted for review and approval. FEES & SCHEDULE: HHI Design will provide their services hourly, plus direct expenses not to exceed an annual upset as may be approved by the City of Atlantic Beach. HHI Design will only commence work on a specific grant application after receiving direction from the City. Yearly Upset Task 1.0 Identification of Potential Alternative Funding Sources $1,800.00 Task 2.0 Grant Application Services $20,000.00 Note: it is estimated that each grant application will take approximately $5,000 to complete. This allowance would be for up to four applications in 2013. If a grant application takes less effort to complete, only the hours and expenses spent will be charged. If the effort is higher, HHI Design will submit a request for consideration to the City. Task 3.0 Grant Administration Support Services To Be Determined Funding Support Services Annual Upset Not To Exceed $20,000.00 City of Atlantic Beach Marsh Master Plan Funding Support Services Scope of Work and Fees December 14, 2012 Page 3 of 3 Hourly Rates Senior Principal $145.00 Senior Landscape Architect $105.00 Senior Associate — Graphics /Planning $95.00 Senior Planner /Designer $75.00 Administrative Support $55.00 AGENDA ITEM # 8A JANUARY 14, 2013 Direct Expenses will include travel, reproduction and postage. All expenses will be submitted with appropriate back -up and reimbursements will be for actual dollars spent. HHI Design will invoice monthly as may be required for the completion of the grant matrix and its maintenance. HHI Design will submit an invoice for each grant application approved by the City at the time it is delivered to the reviewing agency. All other services will be invoiced monthly. A project report will be prepared and submitted with each invoice to the City of Atlantic Beach Public Works Director for approval. We are excited to continue our work with the City of Atlantic Beach to implement the Marsh Master Plan. Please contact me if you need addition information or if you would like me to present this proposal to the City. Respectfully submitted, r 8e___1 ) Ginger Corless, AICP, CPRP President GLC /jih AGENDA ITEM # 813 JANUARY 14, 2013 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: 9 -1 -1 Inter -Local Agreement FY 2013 DATE: December 19, 2012 SUBMITTED BY: Michael D. Classey - Chief of Police Duval County collects a user fee on all telephone lines in the county to offset the expenses of providing E911 services. Jacksonville purchases the E911 emergency equipment for the answering stations including the three beach cities. Each year, Jacksonville reimburses the cities of Atlantic Beach, Neptune Beach, and Jacksonville Beach 30 % of their personnel costs for Emergency Communication Operators. We have agreed on a reimbursement of the expenses for emergency communications based on 30% of the calls attributed to E911. On a quarterly basis, the cities provide documentation of their emergency communications expenses including salary, benefits, and training. Jacksonville reimburses 30% of those costs. The number in the attached paperwork is a "not to exceed" figure. The amount is based upon last year's actual expenses and the number is inflated by 8% to assure that it will cover the reimbursements over the next year. The actual reimbursement will be based on the actual expenses incurred by The City of Atlantic Beach. BUDGET: The net effect of this contract is that it will provide up to $86,200 in revenue to the City of Atlantic Beach over the next year. RECOMMENDATIONS: Staff recommends the approval of the Inter -Local Agreement Amendment for the Distribution of 9 -1 -1 Funds for Call -Taker Salaries, including the authorization for the Mayor and City Manager to sign the paperwork. ATTACHMENTS: Letter from Sheriff John Rutherford Jacksonville Sheriff's Office, Amendment Number three to: Inter -Local Agreement from City of Jacksonville with signature pages. VIEWED BY CITY MANAGER: AGENDA ITEM # 813 JANUARY 14, 2013 John H. Rutherford Sheriff December 14, 2012 City of Atlantic Beach Attention Mayor Louis Borno, Jr. 800 Seminole Road Atlantic Beach, FL 32233 Reference: Amendment No.3 to 911 Interlocal Agreement between the City of Jacksonville and the City of Atlantic Beach, Florida Dear Mayor Borno: Forwarded herewith are three (3) originals of the above referenced Amendment No. 3 to Contract No., 5629 -46 between the City of Jacksonville and the City of Atlantic Beach, Florida. Please have all copies executed and return with proper attestation to my attention. Sincerely, JOHN H. RUTHERFORD SHERIFF I✓ -Z--1 L,-e- William J. Clement, CPA Procurement .& Contracts Manager ENCLOSURE, A Nationally Accredited Agency An Equal Opportunity Employer AGENDA ITEM # 813 JANUARY 14, 2013 9 -1 -1 User Fee Distribution in Fiscal Year2012 -2013 THIS AMENDMENT THREE TO INTERLOCAL AGREEMENT is made and entered into as of this day of , 2012, by and between THE CITY OF JACKSONVILLE, FLORIDA, a consolidated mu ricipal/county government, making the General Services District (hereinafter referred to as "JACKSONVILLE ") and THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation, within the General Services District (hereinafter referred to as "ATLANTIC BEACH ") for the purpose of distributing proceeds collected and set aside via the 9 -1 -1 User Fee to be used to pay a portion of the salaries and related expenses for 9 -1 -1 Call Takers for that portion of their time spent answering and handling 9 -1 -1 calls under the provisions of Section 365.172 (9), Florida Statutes, as authorized to be imposed by the governing body of Duval County (hereinafter referred to as the "Project "). WHEREAS, in 2009, the parties have made and entered into an Interlocal Agreement, City Contract #5629 -46 (hereinafter referred to as the "Agreement" for the Project; and WHEREAS, said Agreement will be in effect until September 30, 2014, and WHEREAS, said Agreement has been amended two (2) times-previously: and WHEREAS, the Council of JACKSONVILLE, acting as the governing body ofDuval County, Florida, has maintained the 9 -1 -1 User Fee at $.44 per month for the period from October 1, 2012 through September_ 30, 2013 ( "Fiscal Year "2012 - 2013), and has authorized the fees collected to be used to fund an Interlocal Agreement wherein ATLANTIC BEACH will receive its pro rata share to be used for lawful purposes; and WHEREAS, said Agreement should be amended, for Fiscal Year 2012 -2013 by updating 2012 -2013 dates and distribution amounts with all other provisions, terms and conditions of said Agreement remaining unchanged; now therefore IN CONSIDERATION of said Agreement and the mutual promises and covenants herein contained and for other good and valuable consideration, acknowledged, by the parties to be legally sufficient, the parties agree to amend said Agreement as follows: 1. The above stated recitals are accurate, true and correct and, by this reference, are incorporated herein and are made a part hereof. 2. Section 2, of said Agreement is amended, in part, by providing for a Fiscal Year 2012 -2013 distribution of $86,200.00 to ATLANTIC BEACH and, as amended, shall read as follows: 1 AGENDA ITEM # 813 JANUARY 14, 2013 2. ATLANTIC BEACH shall receive a distribution proportion of the 9 -1 -1 User Fee calculated by taking the total Call- Takers actual salary expenditures from ATLANTIC BEACH, multiplying that amount by 30% (based on call volume data provided by each PSAP agency) and adding 30% for benefits and training. The Sheriff's Office may also include other factors such as changes in the 9 -1 -1 call volume data, percentage and inflationary increases or decreases, and the impact of wireless calls on each agency, to determine the distribution amount. The maximum amount to be distributed by JACKSONVILLE as a result of this calculation for ATLANTIC BEACH for Fiscal Year 2012 -2013 is EIGHTY -SIX ONE THOUSAND TWO HUNDRED AND 00 /100 DOLLARS $86,200)" 3. Section 6, in said Agreement, is amended, in part to revise dates to reflect the Fiscal Year 2012 -2013 and, as amended, shall read as follows: "6. The salary period covered by Amendment Number Three to Agreement shall commence retroactively to October 1, 2012 which is the beginning of Fiscal Year - 2012 -2013. This Agreement shall become effective on the date it is recorded in the Official Records of Duval County, and shall remain effective through September 30, 2014." 4. JACKSONVILLE will record this Amendment Number Three to Interlocal Agreement in the Official Records of Duval County, as required by Section 163.01(11), Florida Statutes. SAVE AND EXCEPT for the express amendments provided in this instrument, the provisions, terms and conditions of said Agreement shall remain unchanged and shall continue in full force and effect. [Remainder of page intentionally left blank. Signature page follows immediately.] AGENDA ITEM # 813 JANUARY l 4, 20 ] 3 IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective authorized representatives, has caused this Agreement to be executed on the day and year first above written. ATTEST: C James R. McCain, Jr. Corporation Secretary STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITE' OF JACKSONVILLE Alvin Brown, Mayor The foregoing instrument was acknowledged before me this day of 20_, by Alvin Brown and James R. McCain, Jr., the Mayor and Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) ❑ are personally known to me; or produced a current produced driver's license as identification; or as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) In compliance with the Ordinance Code of the' City of Jacksonville, I do hereby terrify that there is an unexpended, unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision has been made for the payment of the monies provided therein to be paid. Director of Finance City Contract Number: Form Approved: Office of General Counsel 3 AGENDA ITEM # 813 JANUARY 14, 2013 IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective authorized representatives, has caused this Agreement to be executed on the day and year first above written. ATTEST: C Donna L. Bartle, City Clerk 800 Seminole Road Atlantic Beach, FL 32233 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF ATLANTIC BEACH Louis Borno, Jr., Mayor 800 Seminole Road Atlantic Beach, FL 32233 By: Jim Hanson, City Manager 800 Seminole Road Atlantic Beach, Florida 32233 The foregoing instrument was acknowledged before me this day of , 205 by Louis Borno, Jim Hanson and Donna L. Bartle, the Mayor, the City Manager and the City Clerk, respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) ■ ■ ■ are personally known to me; or produced a current produced driver's license as identification; or as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) G: \Gov't Operations \NEILLM\CONTRACT\ATLANTIC BEACH Agreement EXECUTION ORIGINAL Amd #2 for 2011 -2012 ILA Atlantic Beach (3).doc n