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1-14-13 MINUTES REGULAR CITY COMMISSION MEETING January 14, 2013 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. 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 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. 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. 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 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. Mayor Borno read the Consent Agenda. January 14,2013 REGULAR COMMISSION MEETING Pane 2 Motion: Approve Consent Agenda Items A and B 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. 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. Mayor Borno read Resolution No. 13-01 by title. Motion: Approve Resolution No. 13-01. Moved by Daugherty, Seconded by Beckenbach Mayor Borno summarized the Resolution, stating it was brought to the Commission by a group of young citizens at the December 10th meeting. Commissioner Beckenbach asked City Attorney Jensen if we can ban this type of smokeless tobacco as they have done in Providence, Rhode Island. Mr. Jensen stated he does not know if we have the authority and would have to look into this further if the Commission wants him to. He stated he doesn't know if the control of that is preempted by State Statute but he can check it out. Commissioner Beckenbach asked Mayor Borno if they could direct the City Attorney to research this. Mayor Borno stated yes but further stated Providence, Rhode Island was sued and believes it is still in litigation. Commissioner Beckenbach stated the judge said the city was in its rights to do so. Mayor Borno stated they do need to search ours and there is always the possibility, depending on where they are at. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances None. January 14,2013 REGULAR COMMISSION MEETING Pane 3 8. Miscellaneous Business A. Marsh Master Plan Grant Writing Assistance. City Manager Hanson explained, as staff was directed by the Commission to give recommendations on how to get more grants, staff concluded the best way to move ahead most effectively, particularly with the Marsh Master Plan in mind, is to see if they can get some grant money to design and permit all the phases of the ped path which is the major project in the Marsh Master Plan. He stated they need around $100,000 to do this, which is not budgeted. He stated they believe there are some grants available for this type of design project. He stated, therefore, they got a proposal from the same company that prepared the Marsh Master Plan, HHI Design with Ginger Corliss as the lead, to research, prepare and submit as many as four grant applications to get the money for the design work. He stated the cost to the City for this would be about $20,000, or $5,000/grant application, and each application would be approved by us prior to moving ahead. He stated we may not need four applications before we get it funded. He stated this would cost up to $20,000, which we do not have budgeted, so we would need a budget amendment if the Commission wants to go ahead with this. He stated, if so,the Commission will need to approve the proposal from HHI, authorize the City Manager to sign the documents and they will get the budget amendment prepared. Motion: Approve the Grant Support Services Proposal from HHI Design and authorize the City Manager to sign the application for the grant when completed. Moved by Beckenbach, Seconded by Daugherty Commissioner Daugherty asked what the success has been in the past with using outside grant consultants. Mr. Hanson explained we have not used a lot of outside consultants. He stated David Thompson was very effective. He stated we did get $1,000,000 in grant funding from the Water Management District for the Hopkins Creek Pond. He stated we have had mixed success but have been more successful when we target these and know what funds are available and the projects we are after. Discussion ensued. Commissioner Mark pointed out that this proposal also includes HHI searching for alternative funding sources and grants. She stated they are actually doing the research and choosing the ones that fit this project. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED B. 9-1-1 Inter-Local Agreement FY 2013. Chief Mike Classey explained this is Amendment No. 3 to our contract with the City of Jacksonville. He stated this is just an annual update because disbursements for the year you are going into are based upon the disbursements of the year preceding with an inflationary amount added, up to 8%. He stated this will provide for Atlantic Beach's revenues up to $86,200 for this fiscal year and they just need to authorize the Mayor and City Manager to sign the paperwork. January 14,2013 REGULAR COMMISSION MEETING Paee 4 Motion: Approve the Interlocal Agreement Amendment for the Distribution of 9-1-1 Funds for Call-Taker Salaries and authorize the Mayor and City Manager to sign the paperwork. Moved by Daugherty, Seconded by Mark Commissioner Woods stated there is a typo on page 2, item#2 of the Interlocal Agreement, related to the dollar amount. It states EIGHTY-SIX ONE THOUSAND, but should be EIGHTY-SIX THOUSAND. She also stated, in the way this is being dispersed, there is a 30% added for benefits and training and asked if any of that revenue is going to be dedicated to offsetting our pension liability or does it just go into the general fund. Mr. Hanson stated if they are charging to the grant our benefit cost, then the pension portion of that would come out of that grant and go to the pension fund; in this case, the general employee's pension fund, because in dispatch they aren't certified police officers. He stated they would not take all of that and put it in the pension fund; they would put the same percentage they allocate for any employee hours and put in the pension fund. He stated yes, some of it will go there. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED C. Hazard Mitigation Grant. Chief Mike Classey explained as a result of TS Debby, there is some FEMA money that has come available under their hazard mitigation grant program. He stated this is part of the loss mitigation strategy that is ongoing at the EOC. He stated we had a project that was waiting on a natural disaster when the funding becomes available. The pending project, a sewer upgrade, Dormer Phase II, was ranked extremely high on the county level, which means if FEMA buys off on it, it will probably be funded. He stated we now need to complete the application and turn it into FEMA and have the Commission authorize the Mayor to sign that paperwork. He explained this is a 75% grant so the City would need to come up with a 25% match of $38,750 next fiscal year. Mr. Hanson added that in recent years they have put several hundred thousand dollars a year in sewer system rehab work into the budget in connection with the sewer system master plan. He stated in next year's budget they could probably put the same amount of money in and take the 25% match for this grant and use the rest of the money toward whatever project they have. He stated they would have the same budget but would be getting more sewer rehab done, so he does not anticipate it would be an increase to the budget; it would be more work done. Motion: Approve the matching funds of$38,750 necessary to complete the project and authorize the Mayor to sign the related paperwork for the grant application. Moved by Daugherty, Seconded by Mark Mayor Borno thanked Chief Classey for his work on this project. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED January 14,2013 REGULAR COMMISSION MEETING Pane 5 9. City Manager A. City Manager's Report. City Manager Hanson reported on the request at the last meeting for staff to report on videotaping of meetings. He stated the motion requesting staff action was long and somewhat confusing. He stated staff's best understanding of what it was the Commission wanted was that staff was to report back on three subjects raised. He stated the first was videotaping of Commission meetings and having them available on the web for citizen access. Secondly, was the concern about the search capability for items on our website and what to put on the website. He stated the third item was the electronic agenda preparation software. He stated as staff sees it they were asked to look at those three items and report back, but it is not ready yet. He stated if that is not what they want, please let staff know. Commissioner Woods asked if they are going to research the different companies, the cost, or what they are going to research. Mr. Hanson stated there is some of that in each of these. He stated in some cases it is pretty obvious what the quickest and best way is, if they want to do this. He stated it is not meant to be an exhaustive study of all the market but to state the best way to do it, the capital and long-term cost and other pros and cons. Mr. Hanson further stated he plans to transfer some budgeted funds to get some help to prepare grant application to submit a grant to the FDOT for funding under their Safe Routes to Schools program. He stated the funds will specifically be used to improve the ped paths along Seminole Rd. and Sherry Dr. He stated the funding is 100% but may not be available until 2018. He stated the cost to Atlantic Beach would be about $5,225 for a grant application,which is due at the end of February. He further stated Commissioner Daugherty asked staff to look into some software to have citizen surveys on our website. He stated we can do that now with the current software we have. He stated if the Commission is interested in using that they will need to tell staff what they want to use it for, how many questions, multiple choice, essay, etc., then staff can work on the best solution. He stated if they want to move ahead with that in the future, there is no cost except for staff time. He answered questions from the Commission. Discussion ensued. Commissioner Woods stated she was approached by a graduate student in the Political Science Department at JU who said he, along with his professor, might be able to help us come up with a survey as part of his graduate program. She stated she will forward the information. Commissioner Mark stated Beaches Habitat also had an AmeriCorps volunteer who did surveys for them. She stated she has those surveys electronically and they may want to look at those questions to use as a template. Commissioner Daugherty suggested they form an ad hoc committee and volunteered to meet with those two people and work with them. Commissioner Mark stated that volunteer is not with them anymore but she can give him that data. Mr. Hanson stated he believes the professor and student from the university would want to know what information they are trying to get and not what questions they want to ask, because the design of the questions is all about what they do to keep it neutral. He stated he would suspect that all of the Commissioners would want to be involved in this and he believes it would be best to get the student and his professor to make a brief presentation to see what they need to prepare a survey. He stated the Commission should think about what type of long-term information they want to get that relates to the strategic plan and visioning. Commissioner Daugherty suggested that he meet with them before the next Thursday meeting and have a presentation. Mayor Borno stated they should see what he comes up with. Mr. Hanson reported bonds have been issued in the name of Atlantic Beach for Fleet Landing going back to Fleet Landing's original bonds. He stated the IRS Code allows issuance of tax exempt bonds on industrial development and healthcare facilities through the local government as the issuing agency, even though the only obligation of the issuing agency for pay back of the money is from the revenues of the health facility or the industrial development authority and not from the city itself. He stated the benefit to Atlantic Beach is getting better and more healthcare facilities at Fleet Landing, which is our biggest employer here. He stated January 14,2013 REGULAR COMMISSION MEETING Page 6 Fleet Landing wants to refund around $50,000 in older bonds and reissue to get a lower interest rate and also raise a small amount of new money to relocate the maintenance facility to free up some land they want to use for something else. He stated they intend to ask the Commission to approve this bond issue in February. He explained the City will need to get our own bond counsel to look at this issue on our behalf to advise the Commission whether the proposed issuance is fully legal and if there is any obligation of Atlantic Beach in repayment of this and whether there is any risk on the part of the City. He stated the representatives from Fleet Landing will give an informational presentation to the Commission at the next meeting and then ask the Commission to adopt a resolution to support their issuance at the first meeting in February. He stated to do that they will have to get a bond counsel moving and he and the City Attorney have had several discussions on that and are pretty close to getting someone to work for us, which will be paid by Fleet Landing's bond issuance and not by the City. Commissioner Mark stated Mr. Hanson said $50,000, which is incorrect. He stated it should be $50,000,000. Mr. Hanson stated he also understands they will be coming back late this calendar year for another issue for new money to build the facilities on the site where they are moving their maintenance facility from. He stated both the current site of the maintenance facility and where they are moving it to are both in our City limits. Commissioner Beckenbach asked how is it that we are not responsible in any way. City Attorney Alan Jensen stated it is conduit financing, where they use the City as a conduit to obtain tax free bonds. He stated it is a matter of convenience that we are allowed by Federal law to assist this facility. He stated we just want to make sure, as has been in the past, that the City has no obligation at all and no responsibility and we are just doing this as a courtesy to Fleet Landing. Mr. Hanson stated Fleet Landing is a 501(c)3 and their pledge for repayment of the cost is the future revenues of Fleet Landing and their collateral would be Fleet Landing. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Wants to organize a Volunteer Day for staff for Habitat for Humanity. Stated he would work with Human Resources on this. • Has a meeting with Bill Bishop, President of Jacksonville City Council, on 1/22 at Dutton Island, the goal of which is to get bigger participation with Jacksonville. Mr. Hanson stated if more than one Commissioner goes to this they need to let Donna Bartle know so it can be posted. Commissioner Woods and Mayor Borno stated this should be noticed. Ms. Bartle stated someone will also have to take minutes. Commissioner Daugherty stated this is to expose Councilman Bishop to the project and sell him on participation. • Got his real estate license recently and will look on MLS for properties on Mayport Road. • Asked the City Manager if we have had any further updates on Selva. Mr. Hanson stated they have settled on one developer and are working out the details. He stated they want to sit with the City on the irrigation issue. He stated he received a final report from John Collins on that and would like to have that presented to the Commission at the next regular meeting so they are aware of the options. Commissioner Beckenbach • He will be putting on the next agenda the proposal to hold workshops on the 2°' Monday of each month at the scheduled 6:30 time slot, and for the 4th Monday 6:30 time slot to be the standard Commission meeting. Discussion ensued regarding the issues involved in this that will need to be discussed at the next meeting. • Related to the Wolfson appeal process, he stated he will speak to Alan Jensen and wanted to tell the citizens that is what he is doing and they will discuss that at the next workshop to decide which way they are going to be going. Commissioner Woods January 14,2013 REGULAR COMMISSION MEETING Pate 7 • Stated she went to the Selva Marina yard sale and there was a representative from Save the Ferry selling Shuffle and Dine Cards for the ferry that give discounts to restaurants. She stated she highly recommends them. • Asked if they gave approval to do whatever with the surplus truck. Mr. Hanson stated they declared it surplus and they can dispose of it, but the choice of the best way to dispose of it is open to staff. He stated normally they would put a large vehicle online for an auction but for some vehicles they can get more on trade-in so they will decide what is going to get them the most money. • Wants to tentatively schedule a workshop on February 25 at 4:30 on the police building, if they are ready. Commissioner Mark • At the workshop, they discussed Commissioners bringing up items for staff to do during Item 10 at commission meetings and since Commissioner Daugherty wasn't at the workshop she wanted to bring it up for his benefit. She stated to make sure there is a consensus from the Commission that they do want those requests to go forward it was discussed that that item can be brought up under Item 10 but it should be added to the next agenda under Item 8, Miscellaneous, so they can discuss and take action on it. • Reminded all the JCCI is having their monthly 2025 visioning workshops beginning this Saturday at the Prime Osborn from 9— 11 and suggested they attend one or two. • Asked about the hazardous disposal day by Advanced Disposal and if it is just once a year. Mr. Hanson stated Jacksonville normally conducts one at the beaches once a year and Advanced Disposal also did one on their own. She stated she would like to schedule these quarterly. Commissioner Beckenbach stated Home Depot will allow for collecting mercury bulbs and believes they will also take batteries. He stated if you do miss the hazardous waste disposal day you can take them to Jacksonville's hazardous waste site. Mr. Hanson stated Jacksonville also has collections throughout the year throughout Jacksonville. Mayor Borno • Appeared at Beaches Watch and Beaches Chamber of Commerce and gave a State of the City. He stated all three beach cities mayors gave presentations and it was a good learning process for everyone there. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:37 p.m. /4:1L L11'1) Mike Borno ATTEST: Mayor/Presiding Officer 4Ls' c Donna L. Bartle, CMC City Clerk