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.
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Mike Borno
ATTEST: Mayor/Presiding Officer
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Donna L. Bartle, CMC
City Clerk