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2-25-13 MINUTES REGULAR CITY COMMISSION MEETING February 25, 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. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of February 11, 2013. B. Approve the minutes of the Special Called(Shade) Meeting of February 11, 2013. C. Approve the minutes of the Commission Briefing of February 7, 2013. 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. Bill Mayhew, 1870 N. Sherry Drive, read from a handout he prepared related to the City's current pension plan (a copy of which he distributed to the Commission), stating he believes the existing plans are too rich and should be frozen and reasonable defined contribution plans implemented or the benefit levels of the existing plans should be lowered to sustainable levels. Bert de Alejo, 5118 N. 56th St., Tampa, representing Avesta Homes, stated they purchased the old Atlantic Arms apartment complex and explained how they have renovated and cleaned it up. He explained his company purchases operationally or financially distressed apartment complexes and fixes them up. He stated they have renamed this complex Avesta Seaside. He answered several questions from the Commission. Mitch Reeves, 1663 Sea Oats Drive, clarified that he was filming the last Commission meeting to see what he could see from a single lens camera on an iPad. He stated he supports videotaping the meetings but cannot support spending $33,000. He stated it concerns him when he hears Commissioners say they have checked and we have the extra money. He stated there is a difference between a budget and an expense account and we have a budget. He would prefer someone looking at ways to reduce that budget so they all benefit from that down the road, rather than have them say we have extra money, let's spend it. He stated he would like to see them go ahead with the one camera to see how many people watch it. He also addressed Ordinance No. 5-13-58 related to the workshops, stating he is in support of that because he believes it would help the citizens and if it doesn't work they could change it back. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. February 25,2013 REGULAR COMMISSION MEETING Page 2 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 Financial Report for December 2012, the Building Department Monthly Activity Report and the Utility Sales Report for January 2013, and the Public Works and Utility Departments Project Status Report as of February 12, 2013. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 5-13-58,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5-13-58 by title. Motion: Approve Ordinance No.5-13-58 as read. Moved by Woods,Seconded by Mark Mayor Borno explained the Ordinance. February 25,2013 REGULAR COMMISSION MEETING Pane 3 City Manager Hanson pointed out that they have advertised a final decision on the River Branch property for the meeting on March 25, so they have two alternatives. He stated if they adopt this for a first reading tonight and a second reading at the first meeting in March and the effective date is immediate then there would be no second regular meeting in March. He stated they can either change the effective date of this Ordinance to make it effective at the end of March, allowing for a regular meeting at the end of March where they can handle that item, or they will have to call for a special meeting as part of the workshop. Discussion ensued. Mayor Borno asked the City Attorney if they need to amend the Ordinance at this reading or can they do it at the second reading. City Attorney Jensen stated, either way, today or at the second reading. Mr. Hanson stated if the Commission would prefer to call a special meeting either he or the Mayor can do that so no action is necessary to amend this if that is the way they want to go. Mayor Borno asked that they consider for the final reading taking the workshop out of the third Monday of the month in December and move it to the second because he believes it affects people's plans for the holidays being that late in the month. Discussion ensued. Roll Call Votes: Aye: 4—Daugherty,Mark,Woods,Beckenbach Nay: 1 -Borno MOTION CARRIED B. ORDINANCE NO.20-13-121,Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20-13-121 by title. Motion: Approve Ordinance No.20-13-121 as read. Moved by Woods,Seconded by Beckenbach Mr. Hanson asked that they amend both the revenues and expenses for the acquisition of the River Branch property to increase both to $103,243. He explained they received an update from the River Branch Foundation that we expect to receive a check in that amount and then pay that amount for the final purchase of the property. He stated on the same note, the question came up at the workshop about the $5,000 deposit. He stated the Foundation expects that that deposit amount will be refunded to the River Branch Foundation,therefore, the total amount would wind up being paid both to the City and then out of our coffers to purchase the property. Amended Motion: Change Item 2 to$103,243 on expense and revenue sides. Moved by Daugherty,Seconded by Woods Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended motion. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED February 25,2013 REGULAR COMMISSION MEETING Page 4 8. Miscellaneous Business A. Request from Dutton Island Gardeners(DIG) asking for a waiver to serve alcohol in a City park. Genevieve Fletcher, 121 9th Avenue N., Jacksonville Beach, thanked the Commission for their support of DIG Local since its beginnings in 2011 as a community garden on Dutton Island Road. She further explained DIG Local's latest projects and explained their proposed brunch fund-raising event at Dutton Island Preserve on April 14. She stated they are hoping to include the serving of mimosas as a before brunch open mingle and requested approval of a waiver for the controlled use and consumption of alcohol in the designated campsite areas at Dutton Island on April 14. Motion: Approve waiver for DIG to serve mimosas at their event on April 14th with the following conditions: (1) Hire an off-duty Police Officer; (2) Alcohol shall remain at the event site,which will be the west campground; (3) Have the event in one seating at 11:30; (4) All participants will park off site at Donner Park and be shuttled to the event. Moved by Daugherty, Seconded by Beckenbach Commissioner Daugherty stated their event warrants this because it provides a service to our community and the funds raised go to support programs in our community. He stated he hopes they can support them and approve this waiver. Mayor Borno asked that it be clarified where the alcohol can be served. Ms. Fletcher explained they are requesting alcohol be served at the west and east campgrounds, stating the brunch will be at the east campground and right across is the west campground which is where the silent auction and open mingle will be. Amendment to Motion: Remove the west campground in the original motion and state alcohol shall remain at the event site. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Discussion ensued about shuttling and Ms. Fletcher stated they will make that happen. City Attorney Jensen stated they need to consider what precedent they may be establishing and what is to distinguish this group from any other 501(c)(3) charitable corporation wanting to have a private function in a public park and serve alcohol. He stated there are no specific provisions in our ordinances to waive that provision in Chapter 3. He stated the Commission has the authority to waive it but he stated he wants to make sure if they are going to do that they come up with a lot of distinguishing characteristics about this particular event that would separate it from any other that might apply to do something similar. Commissioner Woods stated the reason they are, as a Commission, approving this is that DIG is a local charity and the proceeds and their work directly benefits the Atlantic Beach community on many levels. She stated their projects are integrated in the Atlantic Beach community and they service Atlantic Beach, which she believes was the overwhelming factor considered. Mr. Hanson added staff has no objection because this is not a park where you have a lot of kids running around. He stated if they wanted to serve alcohol in Russell or Bull Parks it would be different. He February 25,2013 REGULAR COMMISSION MEETING Page 5 stated for the principle of keeping alcohol away from young kids this is probably one of the best parks we have to do this in. Commissioner Woods asked the City Attorney if that needs to be in the motion. Mr. Jensen stated they just need to put in the record what their distinguishing characteristics are. Mayor Borno added that DIG was established with the Commission's approval and they are supporting one of our local Atlantic Beach charitable organizations and it is for the benefit of the Atlantic Beach citizens. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED B. Approval of Police Union contract for October 1, 2012 thru September 30, 2015. Mr. Hanson stated the Police Union has voted to approve the proposals presented by the City through the negotiating process. He stated the contract has numerous changes to employee benefits as summarized in the staff report. He further explained the major changes to the Police Union contract. He also pointed out and explained an error related to the early retirement provision, stating they need to continue to offer an early retirement option for officers, which is a minimum standard set by the State. He stated, therefore, they will need to strike the line on the last page of the staff report that says, for members hired after 1-1-13 there shall be no early retirement provision. He also pointed out that the State Legislature is considering amendments to the law that may affect what they can do for the lower Defined Benefit plan benefits for new members. He recommended the Commission approve the contract. Motion: Approve the Police Union contract for October 1, 2012 thru September 30, 2015, striking the sentence "For members hired on or after January 1, 2013, there shall be no early retirement option" and authorize the Mayor to sign on behalf of the City. Moved by Borno, Seconded by Daugherty Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED C. Animal Control Office. Due to the absence of Chief Mike Classey, Mr. Hanson summarized the staff report looking at the possibility of adding an animal control office at the kennel. He explained preliminary estimates are that it would exceed $40,000, it would need to be designed by an architect, we would have to have an office and bathroom built, HVAC and plumbing systems put in, IT wiring, etc. to turn it into a workable office. He stated this is a rough estimate and they could discuss this at budget time. 9. City Manager A. City Manager's Report. City Manager Hanson reported the evenings of March 12, 13, 14 are the tentative dates for strategic planning. He also reported they received the Special Magistrate's recommendation on the impasse with the Blue Collar Union late this afternoon, he has reviewed it quickly and it is very favorable to the City. He stated he will try to get it out to the Commission tomorrow, stating by State law he has to formally get it out with a February 25,2013 REGULAR COMMISSION MEETING Page 6 recommendation, but given that it is favorable, he knows what the recommendation is going to be. He stated it is probably best not to discuss it publicly at this point in order to let the Union get it out to their employees so they can have some input also. 10. Reports and/or requests from City Commissioners and City Attorney A. Discussion on going paperless with agenda packets. Commissioner Daugherty stated as discussed at the workshop they will defer this until strategic planning. Commissioner Woods • Stated they have been contacted about participating in Earth Hour on March 23 and would like them to consider it as a city. She explained people all around the world are going to shut off as much electricity as they can for an hour at 8:30 p.m. She stated it is sponsored by the World Wildlife Fund, explaining it is to acknowledge the increasing extreme weather and related power outages that are going on throughout the world. She encouraged everyone to participate and would like the City to do what we can. Mayor Borno asked if they want to put a Resolution through to designate this event. Commissioner Woods stated that would be good. • Stated she wants everyone to consider that they go ahead with design competition to give them some options for the police building and maybe include the Animal Control facility as well. Mayor Borno • Represented the TPO and the City with a voice at the Society for Marketing Professional Services E- week Transportation Summit on February 20 at UNF. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:38 p.m. 44,1A4 ALL, Mike Borno ATTEST: Mayor/Presiding Officer ,A1141-a, %/IdiEei6 Donna L. Bartle, CMC City Clerk