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9-9-13 MINUTES *REGULAR CITY COMMISSION MEETING September 9, 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 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 Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of August 12,2013. B. Approve the minutes of the Special Workshop of July 22,2013. C. Approve the minutes of the Special Called Commission Meeting of July 22,2013. D. Approve the minutes of the Commission Workshop of July 22,2013. E. Approve the minutes of the Budget Workshop for August 1,2013. Mayor Borno asked if there were any corrections to the above minutes. There were none so he stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Item 8F was taken out of sequence and acted on at this time. 8F. Briefing by Fleet Landing representatives on proposed resolution authorizing financing. Josh Ashby, 1 Fleet Landing Blvd., asked for the City's consideration for issuing Health Care Facility Revenue Bonds to Fleet Landing. He explained this 2013 B issue will provide up to $20,000,000 to enhance the Fleet Landing campus and reposition their health care continuum. He showed an illustration of the site map of a portion of Fleet Landing property where they will be moving the Facility Operations area, giving an overview of the project the bonds will be used for. Chauncey Lever, Foley and Lardner, Bond Counsel for Fleet Landing, stated the proposed documentation is very similar to and based upon the documentation the City approved earlier this year in connection with the 2013 A bonds. He stated these have the same structure, security, documentation, and indemnifications of the City for all costs and expenses, liabilities in connection with the proposed financing. He stated the proposed resolution that will come before the Commission at the September 23 meeting would approve a form of indenture trust, loan agreement, bond purchase agreement and preliminary official statement. Peter Dame, Akerman Senterfitt, Bond Counsel for the City, stated the transaction documents are very much the same as the ones done earlier in the year. He stated the City's liability is limited; the only obligation the City has on these bonds is to pass through the payments that Fleet Landing makes on to the bond holders. He stated the City has no obligation to use its own revenues or taxing power or assets to repay September 9,2013 REGULAR COMMISSION MEETING Page 2 these bonds. He stated these are economic development transactions; the City is helping the local business with its business but is not putting the City's assets at risk. He answered questions from the Commission. He assured the Commission that in no circumstance would the City be responsible for repayment of the bonds. Item 8A was taken out of sequence and acted on at this time. 8A. Public Hearing - Appeal on Community Development Board decision to allow construction of a fence exceeding four(4) feet in height with ten(10) feet of property line at 298 Pine Street. Mayor Borno explained that this item was listed as a Public Hearing but it is not a public hearing, it is just an appeal on a Community Development Board decision. City Attorney Jensen explained this is a quasi judicial hearing on an appeal from the Community Development Board's decision denying a variance. He stated the Commission's review on the appeal is limited to the record that was presented to the Community Development Board. He stated no new evidence can be submitted tonight. He stated it is the Commission's decision to uphold their decision or to reverse their decision because of the appeal. He stated both sides are limited to the presentations as to what was previously submitted to the Community Development Board. Kirk Hansen, 2393 Ocean Breeze Court, Chairman of the Community Development Board, explained the case as presented to the Board. He stated there are 6 criteria the Board goes through and if the request for variance meets one of those six criteria they will grant the request. He stated the Board voted 5-1 not to grant the variance due to it not meeting the 6 criteria. Jeremiah Mulligan, of Rumrell, Bate, McLeod and Brock,24 Cathedral Place, Suite 504, St. Augustine, attorney representing the Bernstein in their appeal, presented their case for the appeal. He explained his clients' position, stating in February they made application for a fence permit and were denied due to it not meeting the strict compliance of the ordinance criteria. He stated they went back and talked to their contractor and after speaking with Erika Hall, Ms. Hall agreed to issue a permit but told them that if somebody does complain they might have a problem and have to file a variance. He stated the problem here is the record is pretty clear, there was a permit granted with no conditions and his client built a fence. He stated she relied on the permit as issued by the City, which is the basis that this decision needs to be appealed. He further stated the evidence as submitted certainly substantiates the grounds for the variance. Referencing the minutes from the Community Development Board meeting, he stated there were findings made by the Board that have no basis in evidence that was actually submitted before the Community Development Board which, in of itself, is a grounds for appeal/reversal. He stated the Board didn't follow the ordinances and didn't allow the evidence that was submitted to be reviewed in an objective way and came to a conclusion that wasn't based on the evidence that was submitted. He stated, as such, it is his opinion that they have used their discretion and he asked that the Commission grant the appeal and allow the variance to stay. Mr. Mulligan answered questions from the Commission. Discussion ensued. Commissioner Beckenbach asked, if the Code was sent to the contractor, would that not be considered part of the permit. City Attorney Jensen stated at the bottom of the permit it states that the permit is approved only in accordance with all City of Atlantic Beach Ordinances and the Florida Building Codes. Mr. Mulligan stated it says 6 ft. fence, it doesn't say 6 ft. fence at property line, so that is where the issue can get a little bit muddy. He stated if you look at the actual site plan that was approved it shows the fence on the property line but doesn't say whether it is a 4 ft. fence or a 6 ft. fence. September 9,2013 REGULAR COMMISSION MEETING Pane 3 Redevelopment and Zoning Coordinator Jeremy Hubsch explained related to the neighboring fences, nonconforming fences cannot be replaced with nonconforming fences so any existing fences that are there that are along the property line are basically grandfathered in. He stated, however, when that fence dies it cannot be replaced with a like fence. He stated in five or ten years those 6 ft. fences on the property line may not be there anymore. He stated there is a house catty-cornered to this one that got a permit in 2013 and it is set back 10 ft. Mr. Mulligan objected to the additional testimony stating it is outside what occurred and what Ms. Hall and everybody else could have offered previously so he asked that Jeremy's testimony be stricken from the record. Kirk Hansen further explained the purpose of the ordinance is to ensure site lines at intersections and if you build on the setbacks and it blocks the line of site at intersections then you have to move the setbacks and make them more demanding; it doesn't mean that if the setbacks, as defined by the City Code, don't block the intersection that you can build with disregard to the setbacks. He stated where the attorney is using that as his argument, with all due respect, he believes he has it backwards as far as the meaning of the Code. Discussion ensued. Kirk Hansen answered questions from the Commission. Mayor Borno read the motion from the Community Development Board's meeting minutes of September 9, 2013. Commissioner Mark pointed out that Mr. Hubsch's comments about the existing 6 ft. fences in the neighborhood is germane to this because the comments from the neighbors stated there were 6 ft. fences in the neighborhood as well as his comment that they were grandfathered in. Mayor Borno agreed that is not new testimony and is reflected in the record. Discussion ensued. Mr. Mulligan stated if you track the history of the ordinances, they used to be more restrictive. He stated that a 6 ft. fence was something that was permitted under a previous ordinance isn't consistent with a stricter ordinance from 10-15 years ago. He stated he believes there is testimony that there are fences that are newer than 10 years old down there. He stated all his clients want is the fence that has been there now for months to remain for the reasons they stated in the meeting. He stated while he appreciates the idea that these are grandfathered in, the idea that the ordinances were stricter in the past is just inconsistent with that. Mr. Bernstein asked if he could speak. Mr. Jensen stated they had a representative speak for them. He stated if you have an appeal in front of the appeals court your attorney goes up and makes the argument; they don't say does the plaintiff or the defendant want to say anything to the court. He stated their legal representative speaks; you are in a quasi judicial proceeding. Mr. Mulligan stated he understood that point. He stated the one issue they have is that the Community Development Board did have somebody come up and testify and he believes they do have counsel that assists them so they probably should have been represented here by counsel as well. He also pointed out that the Commission was hearing from other people in the audience that were chiming in during this hearing, which he believes there is a little inequity there if his client is not allowed to try to address and offer his perspective. Mr. Jensen stated the only one who chimed in was the City's Planning Director because Erika Hall is no longer with us and Mike Griffin is temporarily out. Mr. Mulligan stated he understands that but this is an appeal from the Community Development Board and to have the additional evidence being submitted seems inequitable if his client is not also able to come up. Mr. Jensen stated this Commission understands that it can only consider evidence that was presented at the Community Development Board. September 9,2013 REGULAR COMMISSION MEETING Page 4 Commissioner Woods stated she is in an unusual position to have lived not only in this neighborhood, off this street, and understands the traffic patterns there and also lives on a beach access and she believes there are extenuating circumstances to this street, which is why she is in favor of granting this variance. Motion: Uphold the Community Development Board decision not to allow a six foot high fence to be placed within 10 feet of a side yard property line which abuts a public right-of-way. Moved by Mark, Seconded by Beckenbach City Attorney Jensen asked that the Commissioners disclose at this time any ex parte communications prior to this meeting tonight. Commissioner Woods stated she spoke with Karen Bernstein, but does not know if it was before or after the appeal was filed. Commissioner Mark stated she spoke with Mr. Bernstein on the phone, stating she believes he was thinking about appealing it but had not appealed it yet. Commissioner Beckenbach stated he spoke to Mr. Bernstein but believes it was prior to the appeal. Roll Call Votes: Aye: 3— Mark,Beckenbach,Borno Nay: 2-Daugherty,Woods MOTION CARRIED Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and explained the process for public comments. Mitch Reeves, 1663 Sea Oats Drive, speaking as the Ferry Task Force Chairman, gave an update on the ferry, stating they met before the budget committee and the funding of$450,000 for an additional year was passed. He stated he was told by Senator Thatcher that the State has about $20,000,000 of spare money that may come back to the citizens so maybe they can tag some of that. He stated the vote for the $450,000 will come before the whole Jacksonville City Council on September 24 and asked that the citizens show up and give their support to the ferry. He reported that on Saturday, September 14, there will be training for new ambassadors for the ferry at the Mayport Community Center. He also commended the Commission on supporting the Code Enforcement because that is part of the quality of life. He reminded them that when they vote on any ordinance for the City to vote on it with the intention that they are going to enforce it, not use selective enforcement, because that can end up being a personal issue. He thanked the Commission for what they do for the City. Elizabeth Neville, 1060 Seminole Road, addressed item IOC, commending the Code Enforcement Board. She stated she has not seen too many of the Commission attend the Board meetings but if they attended them they would be very proud of what they were watching. She stated these are people who are not paid, they are devoted, focused, concerned, are good listeners to what the problem is, and ask appropriate questions. She asked that they attend the Code Enforcement Board meeting tomorrow night. She further stated they love when the Commission speaks into the microphone. September 9,2013 REGULAR COMMISSION MEETING Pane 5 Mark Tomaski, 448 Snapping Turtle Court W., stated he is happy to see the camera in place and hopes at some point they will get a three-camera(system). Veda Harless, 680 Sailfish Drive, thanked Ms. Neville for her kind words about the Code Enforcement Board and invited the Commission to come to the Code Board meeting tomorrow night. She stated she is the Chair of the Code Enforcement Board and they have a really good board. She stated she would love to see it continue as a Board and not a magistrate. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings 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, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for July. B. Police Semi-annual Report. C. Award a contract to Gruhn May, Inc. for Pine St. and Wonderwood Rd. Water Main Replacement and Mayport Rd. Valve Addition, Bid No. 1213-02, in the amount of$122,765.70 and authorize the City Manager to sign the contract. In addition, authorize staff to encumber funds in the amount of$13,000 for contingency. D. Approve the extension of the Electrical Troubleshooting and Repair contract for one additional year to Limbaugh Electrical Contracting, Inc. at the contract prices effective November 1, 2013 — Bid No. 0910-16. E. Award the Janitorial Service Contract for City Facilities to Supreme Janitorial Service in the amount of$50,796.00 for a one (1)year contract to expire on September 30, 2014—Bid No.1213-06. F. Reject all bids for Concrete Repairs for Public Works/Utilities Department (Bid No. 1213-08). G. Declare the list of property as surplus so that the items may be disposed of in the most beneficial way. H. Authorize the City Manager to sign contracts with Atlantic Beach Athletic Association, yoga instructor Linda White and tennis professional Brecht Catalan. Mayor Bomo read the Consent Agenda. Commissioner Daugherty pulled item 4B. Motion: Approve Consent Agenda Items A, C-H as read. Moved by Beckenbach, Seconded by Mark September 9,2013 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED Commissioner Daugherty gave a hats off to Chief Classey and the Police Department for keeping these numbers very low. He asked that they have a five-year timeline in future reports to get a better view of the trends happening in the City. Motion: Approve Consent Agenda Item B as read. Moved by Daugherty, Seconded by Mark 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. Public Hearing on adopting a Tentative Millage Rate and adopting Ordinance No. 20-13-125 establishing the Operating Budget for fiscal year 2013/2014. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014. Mayor Borno read Ordinance No. 20-13-125 by title. He stated the first item to be considered was Adoption of a Tentative Millage Rate. He stated the Millage Rate is 3.3285; the Tentative Millage Rate is 3.3285; the Roll—Back Rate is 3.3156 and the Tentative Millage Rate is 0.39%more than the roll back rate. He stated the purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion: Adopt a Tentative Millage Rate for operating purposes of 3.3285. Moved by Daugherty, Seconded by Mark Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Roll Call Votes: Aye: 5—Woods,Beckenbach,Daugherty,Mark,Borno Nay: 0 MOTION CARRIED September 9,2013 REGULAR COMMISSION MEETING Pane 7 Mayor Borno stated the second item to be considered is Ordinance No. 20-13-125 establishing the Operating Budget for fiscal year 2013/2014 of$29,482,771. Motion: Adopt Ordinance No. 20-13-125 establishing the Operating Budget for fiscal year 2013/2014. Moved by Mark, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Daugherty addressed the item for$40,350 for the detective offsite offices and stated he wanted to amend the motion to remove that line item. Motion: Amend to remove the $40,350 line item. Moved by Daugherty, Seconded by Beckenbach Commissioner Mark stated at the budget workshop they agreed to put this money in as a place holder and then depending on further investigation from Chief Classey regarding renting space, etc. then they would move forward on it at that time. Discussion ensued. Commissioner Mark called the question. Votes: Aye: 2—Mark,Borno Nay: 3 -Woods,Beckenbach,Daugherty MOTION FAILED Further discussion ensued related to the $40K for a space for the police detectives. Commissioner Woods asked to have a workshop, including the newly elected Commissioner, related to the Police Building. Discussion ensued. Mayor Borno called for a vote on the amended motion. City Clerk Bartle asked if she should call the roll. Mayor Borno stated yes. Roll Call Votes: Aye: 1 —Beckenbach Nay: 4 - Daugherty, Mark,Woods,Borno MOTION FAILED Mayor Borno called for the vote to approve the motion to adopt the Ordinance and asked the City Clerk to call the roll. Roll Call Votes: Aye: 5—Daugherty, Mark,Woods,Beckenbach, Borno Nay: 0 MOTION CARRIED September 9,2013 REGULAR COMMISSION MEETING Page 8 B. ORDINANCE NO. 75-13-19,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING, STANDING AND PARKING TO RENAME PARKING MORE THAN SEVENTY-TWO HOURS PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED REQUIREMENTS AND TO PROVIDE A FINE STRUCTURE FOR VIOLATING THAT SECTION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 75-13-19 by title. Motion: Approve Ordinance No. 75-13-19 as read. Moved by Mark, Seconded by Beckenbach Mayor Borno explained this is to amend the parking regulation to provide better enforcement powers for parking in the right-of-way. He stated this is not specific to Sherry Drive, etc., it is any right-of-way. Commissioner Woods stated if this is any right-of-way and not just the arterials, she cannot see how this would work on the street she lives on. She stated more than half the houses have cars parked in front of them every night. She stated she does not see how this is going to work; she thought this was for arterial streets. Mr. Hanson explained he did not believe it was intended to prohibit parking on the streets where parking is not prohibited. He stated the intent was parking on the grass on the City right-of-way. Chief Classey explained this has no impact on where parking on the street is permitted or not permitted but it does apply to every City right-of-way on every street in the City. Commissioner Beckenbach stated he has been riding around to see the different areas that would be affected. He stated there are a lot of people who have taken the right-of-way and put bricks, stone, etc. on the right-of- way and asked how they are going to work with that. Discussion ensued about limiting this to arterial streets only. Mayor Borno asked the City Attorney if they named the arterial streets in this is that a substantial change. Mr. Jensen stated it is their decision whether that is a substantial change but his opinion is that it would be. He stated what they were presented tonight was what they asked for, a method for the Chief to be able to enforce parking on the right-of-way. He stated if they want something different they need to let them know so they can prepare it. Motion: Bring this back at the next workshop for further discussion in order to make a recommendation to the staff on which way to move. Moved by Beckenbach, Seconded by Woods Discussion ensued. Mr. Hanson agreed with Commissioner Beckenbach's suggestion but, in addition, give staff a chance to rewrite this to comply with what they believe they have heard from them tonight so by the next workshop they will have a rewrite and they can go ahead with a first reading at the October 14 meeting. City Attorney Jensen asked that the Commission clarify what they want and they will prepare it. He stated they have a motion and a second on the floor to pass the ordinance on first reading and another motion to take it to workshop. Discussion ensued. September 9,2013 REGULAR COMMISSION MEETING Page 9 Mayor Borno stated they have a motion to go to workshop which needs to be cleared and he would suggest they withdraw the motion and second, get away from the workshop, give direction, not pass this tonight, get a new rewrite and start from scratch at the workshop. Commissioner Beckenbach withdrew his motion, Commissioner Woods withdrew her second. Mayor Borno suggested they defer and come back with a total rewrite and address arterial streets right-of- way. Mr. Jensen stated they have a motion and a second on the floor to pass the ordinance. Commissioner Mark withdrew her motion, Commissioner Beckenbach withdrew his second. 8. Miscellaneous Business A. Public Hearing - Appeal on Community Development Board decision to allow construction of a fence exceeding four(4) feet in height with ten(10) feet of property line at 298 Pine Street. This item was taken out of sequence and acted on earlier in the meeting. B. Public Hearing - Request for Waiver to allow two cupolas at 42 feet 1.5 inches and a tower lantern cupola at 38 feet 5 inches as shown in the submitted rendering. The Request for Waiver was withdrawn. C. Agreement with St. Johns River Water Management District for Construction of Reclaimed Water Facilities. Mr. Hanson stated as presented at the workshop this is a grant that Donna Kaluzniak worked hard to get and he recommends the Commission signing off on it. Motion: Authorize the City Manager to sign the St. Johns River Water Management District Cost Share Agreement for the Reclaimed Water Facilities. Moved by Woods, Seconded by Mark Votes: Aye: 5—Beckenbach,Daugherty,Mark,Woods,Borno Nay: 0- MOTION CARRIED D. Renewal of City Property and Casual Insurance. Mr. Hanson stated this was reviewed at the workshop and introduced Mr. Woleshin with Harden and Associates if anyone had questions. Shaun Woleshin of Harden & Associates, 501 Riverside Avenue, gave a short overview stating they recommended moving Workers Comp to a new carrier, FMIT, and moving forward as outlined. September 9,2013 REGULAR COMMISSION MEETING Page 10 Motion: Approve renewal of insurance, effective October 1, 2013 through September 30, 2014 and authorize City Manager to sign related insurance renewal documents. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Beckenbach, Daugherty,Mark,Woods,Borno Nay: 0- MOTION CARRIED E. Proposed Ordinance for Florida Friendly Fertilizer Use. Mr. Hanson stated it was outlined at the last meeting that the City needs to have such an ordinance by virtue of our State issued stormwater permit. He stated they don't have an ordinance ready to present to the Commission yet but can get one ready. Motion: Direct staff to bring a proposed ordinance back for first reading. Moved by Woods, Seconded by Mark Votes: Aye: 5—Beckenbach, Daugherty,Mark,Woods, Borno Nay: 0- MOTION CARRIED F. Briefing by Fleet Landing representatives on proposed resolution authorizing financing. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. Mr. Hanson reported the Police PBA voted to ratify the union contract last week and it will be on the agenda for the Special Meeting on September 23 for approval so it can be done prior to the beginning of the fiscal year and they can get the raises that were put in the budget for them. He stated the Public Works Union has not consented to a vote yet and do not have another meeting set with the City yet. He reminded the Commission of the workshop tomorrow at 3:00 p.m. to discuss the Master Agreement and Conservation Easement for the Country Club. He stated he sent the final documents to the Commission today. He explained the reasoning behind the meeting date. He stated the developer still wants to begin construction as early as November 1 which relates to the growing period for the grass for the golf course. He commented on the remark made regarding selective enforcement on fences, stating they do the best they can with one Code Enforcement Officer. He stated he would not be surprised if some people have illegally built fences over the past years since the current regulations were in place dealing with the size of a fence on the right-of-way line. He asked Donna Kaluzniak to report on a boil water notice issued today. Ms. Kaluzniak explained the boil water notice was caused by one of the wells testing positive for E. coli bacteria, which is very unusual and probably highly unlikely. She stated because it tested positive they have to issue a boil water notice. She September 9,2013 REGULAR COMMISSION MEETING Page 11 stated the water from the well goes through the treatment plan and is disinfected at the treatment plant. She stated they were running tests on the distribution system at the same time and those tests of the water in the pipes to the houses came out fine. She stated they are running additional tests and have shut down the plant. She stated if those tests come back clear she believes DEP will let them lift the boil water notice. She stated it usually takes a couple of days for the tests results to come out. She stated she has notified the newspaper in accordance with DEP regulations. She reiterated they are retesting, keeping the plant off line until they get clearance, have done notification to First Coast News and the paper. She stated she did not do a reverse 911 due to the length of the notice as required by DEP. Commissioner Mark asked who has to boil water. Ms. Kaluzniak stated that it includes everybody, it is system wide. She further explained the test result came back on the 4th but they did not get the notification until today(September 9). She stated the project manager at the lab was out of town and the person in charge sent an email but to the wrong address, then he left a voice mail. She stated it was very poor notification as far as we are concerned and have notified them about that. She stated there is always going to be a lag time because it takes two days for the test to run. She stated DEP requires us to put out this notice within 24 hours of us getting notified so as soon as they got the word they called DEP to see what they needed to do. Commissioner Daugherty asked her to clarify that she did state that the water was tested again at the tap point and that test came out negative. Ms. Kaluzniak stated the water was tested in the distribution system and those tests were negative. She repeated that the well water does goes through the treatment process and it is disinfected so it should have taken care of any bacteria but as a precaution because we did have E. coli hit in the well we do have to put out a notice. She stated they retested it today,they are at the lab right now and hopefully will get results back very quickly. 10. Reports and/or requests from City Commissioners and City Attorney A. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager/City Clerk/City Attorney. Commissioner Beckenbach withdrew this item. B. Board Member Review Committee Recommendations for Appointments to the Code Enforcement Board. Commissioner Daugherty reported on the Board Member Review Committee's recommendations to fill the vacancies on the Code Enforcement Board. Motion: Appoint John Stinson to serve as a regular member on the Code Enforcement Board with his term beginning October 1,2013. Moved by Daugherty, Seconded by Borno Votes: Aye: 5—Beckenbach,Daugherty, Mark,Woods,Borno Nay: 0 - MOTION CARRIED Motion: Reappoint Meade Coplan to serve as a regular member on the Code Enforcement Board with her term beginning October 1,2013. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Beckenbach,Daugherty,Mark,Woods, Borno Nay: 0 - MOTION CARRIED September 9,2013 REGULAR COMMISSION MEETING Page 12 Motion: Appoint Louis Keith as a regular member and Richard Lombardi as the alternate member to serve on the Code Enforcement Board with their terms beginning October 1,2013. Moved by Daugherty, Seconded by Woods Votes: Aye: 5—Beckenbach, Daugherty,Mark,Woods, Borno Nay: 0- MOTION CARRIED C. Reconsideration of Ordinance 5-13-30 to dissolve the Code Enforcement Board and authorize creation of one or more special magistrates. Commissioner Daugherty withdrew this item. D. Continued Discussion as to the Potential Renovation and Additions to the Present COAB Police Station. Commissioner Beckenbach withdrew this item. E. Explanation as to which recommendations from Marc Hudson are being considered for the Conservation Easement for Selva Marina Country Club. Commissioner Woods moved to postpone until after the workshop tomorrow. Commissioner Beckenbach agreed, as he had put this item on the agenda. Commissioner Beckenbach • Stated he was asked by a number of people regarding having the Selva Marina meeting at 3:00. He stated there was some concern from citizens who would have liked to have attended that but they all work. He recommended that the videotape of workshop be put on the web. • He also stated he wanted to have a town hall meeting at Adele Grage to explain what transpired at the workshop. He asked if he could reserve that location sometime next week. Mayor Borno stated the workshop will be pretty extensive tomorrow and that may help considerably. Commissioner Beckenbach stated that might alleviate the whole problem. Commissioner Woods stated the IT Director indicated the video of tomorrow's workshop will be available on line. Mr. Hanson stated they were also going to use that recording to experiment with the sound system; the sound system works better at the dais than it does down on the floor, which is the format for that meeting. He stated he has no objection to it being put on the web but they have not yet experimented with it to see if it is going to work properly. He stated they have put in the budget for better microphones in this room but the budget is not adopted and we don't have them yet. He further explained why the timing was set for 3:00 for the workshop was because this room is being used at 6:00 for the Code Board. Commissioner Beckenbach stated if it is difficult to have a town hall meeting at Adele Grage it is fine if it is in the Chamber. Mayor Borno stated he could work that out with the City Clerk's office. Commissioner Beckenbach stated he would do that. City Clerk Bartle • Stated she will be off next week. Commissioner Woods stated they could have someone take minutes for her. Ms. Bartle stated, yes, one of them could do that. September 9,2013 REGULAR COMMISSION MEETING Page 13 Commissioner Daugherty • Stated he also would like to set a workshop for the Police Building for this month and invite the newly elected Commissioner. Mayor Borno asked staff to schedule a workshop. • Stated he is still against expending the money for the Police Detectives offsite facility. He stated he is very encouraged by the discussion tonight regarding the police building. • Announced it is his birthday today and his biggest birthday present was that the ground broke on Rose Park with completion expected in early November. • Introduced his father who was in the audience. Commissioner Mark • Wished Commissioner Daugherty a Happy Birthday. • Regarding the emails that they are trying to ramrod the Selva deal through, that is the farthest thing from the truth. She stated everyone has been working diligently to get this done by the timeframe that they, as a Commission, set. She stated Selva has been an issue for two years and the Club has been able to come up with a viable solution that works for the community. She stated she does not know how much more transparent they can be and she takes issue with some of the insinuations that they are trying to ramrod this deal through and are doing something that is not good for the community. She stated she would not be part of anything if it was a detriment to the community. • Stated she is glad they are going to do a workshop for the police station, but asked that they wait until October until the Selva issue is done. City Attorney Jensen • Reiterated the invitation for the Commission to attend the Code Enforcement Board meeting. Mayor Borno • Reminded everyone of the training for ambassadors for the ferry. He stated we have gained a tremendous amount of ground on the ferry and asked for everyone's support. • Commissioner Daugherty reminded everyone that Commissioner Mark is also working on MarshFest which will be held on November 16. Commissioner Mark stated they have plenty of volunteers, they just need people to come out and enjoy the day. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:11 p.m. 4.4444. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on August 26, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion.