8-26-13 Workshop MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON AUGUST 26,2013
City Commission Members present:
Mayor Mike Borno
Mayor Pro Tem Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Carolyn Woods
Staff present:
Jim Hanson, City Manager
Alan Jensen, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
The meeting, which was held for the purpose of discussing the agenda items for the Commission
Meeting of September 9, 2013, was called to order at 8:03 p.m. by Mayor Borno.
Workshop-only Items:
1. Presentation by Harden & Associates on the Property & Liability Insurance
Renewal.
Human Resource Director Sue Danhauser introduced Shaun Woleshin of Harden & Associates.
She stated they went out to market and the City will be saving $41,590 from last year and will
also be getting additional coverage for our flood insurance. She stated we will be changing our
Workers Comp to FMIT, which is a subsidiary of the Florida League of Cities. She stated the
premium will be $117,608 for Workers Comp and last year's was $139,727. Mr. Hanson
complimented Harden&Associates stating they have done a great job with this.
Mr. Woleshin thanked Sue Danhauser, Donna Kaluzniak and Jim Hanson for working hard with
them in analyzing the assets of the City and making sure they put in a process that delivered the
best results for the City. He stated stimulating competition with FMIT and PGIT was another
big factor that drove the results positive this year.
*Discussion of Agenda Items on September 9,2013 Commission Meeting:
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.
There was no discussion on this item.
2. Courtesy of Floor to Visitors
Ray Brown, 523 Clipper Ship Lane, addressed the Utility Sales Report stating the
information presented is totally useless when it comes time to evaluate the performance of
the department. He made the following recommendations for changing the report: make it
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Page 2
an annual report covering the current and preceding years and publish it every quarter; water
production section should include system capacity, volume produced, cost to produce that
volume, volume sold, sales dollars generated and production volume per man-year worked;
water distribution system section should include incidents handled and man-year of labor
used to address those incidents; the sewer treatment section should include system capacity,
amount treated, cost to treat, sales dollars generated, and treatment volume per man-year
worked; and the sewer collection system should include incidents handled and man-years of
labor used to address those incidents. Further he proposed adding a new section called
improvement, which should include a discussion on procedures, processes and programs
being evaluated to improve the efficiency of the department along with projected
implementation dates and anticipated savings. He stated adopting this report will allow the
citizens to determine if the department is achieving their stated objectives for optimum
efficiency with minimal staff.
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.
Director of Public Utilities Donna Kaluzniak explained the bid, stating she is
recommending approval of the low bid.
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.
Commissioner Daugherty asked if they had bid this out. Mr. Hanson stated they did not
reprice this contract this year and it is the same price as last year.
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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.
City Manager Jim Hanson stated staff recommended they not renew the current
contractor because we are not getting very good service. He stated the lowest bidder was
out of state and explained why they do not feel they are in the City's best interest and
stated staff is recommending the next lowest bidder, Supreme Janitorial, which is a
Jacksonville company. He brought to the Commission's attention that the President of
the company is Richard Clark, stating that had nothing to do with the selection because
staff does not pay attention to who is the president when selecting a company.
Discussion ensued.
F. Reject all bids for Concrete Repairs for Public Works/Utilities Department (Bid
No. 1213-08).
Director of Public Works Rick Carper stated he is recommending rejecting the bids
because his bid form was unclear, explaining they have revised the bid form and it is very
clear now what the bid will be awarded on. He stated the Commission does not have to
approve rejection, he just has to notify them that he is doing this.
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.
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 #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.
Finance Director Nelson Van Liere stated this is the staff report that gives the tentative
millage rate which will be set in the second meeting by resolution. He further
summarized his staff report and the Ordinance. Commissioner Daugherty stated he will
bring something back at the next meeting related to increased raises for our lower paid
employees. Mr. Van Liere explained it wasn't just a 2% raise, it was the implementation
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of the new pay grades and the compression elimination, for which some of those
employees will receive $1,000. Commissioner Mark added that if an employee is not at
their midpoint of their salary range, they will get the 2% based on that midpoint of their
salary. Mayor Borno stated that is above and beyond what they are looking at in the
budget and where they are at and it is an addition to the pay and review study and is
something that needs to be addressed in that venue. He stated he sees what
Commissioner Daugherty wants to do but it opens another door that they have to address,
i.e. whether they are going to have another pay review, etc. Commissioner Daugherty
stated this is something he is working on with Sue Danhauser which is why he doesn't
have a spreadsheet to show them, but hopefully before the next meeting he will have that.
He stated it has been a long time since the employees have gotten raises, the CPI is out of
control and a 2% raise for someone who makes $30K a year isn't as beneficial as a 2%
raise for someone who makes $80-100K/year. He stated maybe they can afford to do a
little more. Commissioner Woods stated that would be a budget amendment. Mr. Van
Liere pointed out that a lot of the employees he is talking about are about to go through
Union negotiations as well, which is where that would most likely come up.
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.
Discussion ensued regarding the parking ticket prices. Mayor Borno pointed out a
scrivener's error on the second page stating untended should be intended. Chief Classey
summarized his staff report and explained this is a new ordinance and they will issue
warnings prior to citations.
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.
Mayor Borno explained this is a quasi judicial hearing and will be discussed at the public
hearing. City Attorney Alan Jensen reminded the Commissioners will have to disclose at
that hearing any ex parte communications they may have received about this appeal prior
to the hearing. Mr. Hanson asked if somebody approached a Commissioner prior to
going to the Community Development Board would the Commissioner still have to report
that conversation. Mr. Jensen stated no because there was no appeal at the time.
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.
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Mr. Hanson stated the developer has withdrawn this request because they have
redesigned the building and are going to keep it within 35 feet.
C. Agreement with St. Johns River Water Management District for Construction of
Reclaimed Water Facilities.
Ms. Kaluzniak explained this is the agreement for the grant we received. She stated it
was a 40% grant in the amount of$442,000 and we need to get them a copy of the signed
agreement before October 1, which is why she wanted to get it on the next agenda. She
answered questions from the Commission.
D. Renewal of City Property and Casual Insurance.
This item was discussed earlier in the meeting.
E. Proposed Ordinance for Florida Friendly Fertilizer Use.
Mr. Carper explained a Florida-friendly fertilizer control ordinance is required by the
Municipal Separate Storm Sewer System Permit. He showed slides of the proposed
fertilizer ordinance explaining this applies only to commercial and institutional
applicators. He answered questions from the Commission. Discussion ensued.
9. City Manager
A. City Manager's Report.
City Manager Hanson stated he was advised by Fleet Landing of a request for a new bond
issue. He stated the obligation to repay these bonds is solely on Fleet Landing and the
City is in no way guaranteeing that repayment. He stated they requested that this is
approved at the September 23 meeting and they have a special meeting already scheduled
for the second reading of the budget ordinance because it has to be adopted prior to the
end of the fiscal year. He stated the schedule would be that they would come to the
Commission on September 9 and would be in addition to the agenda in front of them, but
they would only brief the Commission and then the approval of the resolution that
authorizes them to issue bonds would be put on the September 23 special meeting.
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 explained his request stating he is asking for concurrence
from the Commission on which evaluation form they would prefer. Discussion ensued.
Commissioner Mark suggested that the HR Director come up with a set of forms for them
to use. Commissioner Beckenbach stated he wanted input as to whether they are
interested in the numerical rating or the verbal rating and then they could have the HR
Director tailor them to all three positions. He stated that way they are individually
evaluating them one on one and then at the end it will be put in their folders to be used
for contracts, increased salaries, etc. Mayor Borno stated he is in full agreement that it
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should be private one on one. Commissioner Woods suggested, rather than using our HR
Director,that they adapt forms that have been specifically developed for their professions
through their specific organizations. Commissioner Woods stated she preferred the
evaluation form with words instead of numbers. Mr. Hanson stated he feels strongly that
each of them being evaluated should have some input on the evaluation form. He stated
one concern he would have is that the elected officials filling out these forms are going to
think more about the media coverage than they are about having honest discussions
which is why he is concerned about having this done in public. He stated he believes
they can get valuable one on one discussions and feedback from the staff that they will
not get when they do this in a written format that is just turned into the Mayor.
Commissioner Beckenbach stated he understands where he is coming from but at the
same time this is the position he is in; he is a City Manager of a public entity. He stated
there have been no evaluations for the past 14 years that he has been City Manager that
he can review. Discussion ensued. Commissioner Mark stated when they agree to do
something like this they really need to think about it and take into consideration what is
driving it and do they want to have the three appointed positions to have a fair, unbiased,
objective review and evaluation. She further stated if they are going to have a true
evaluation of performance then the Commission also needs to have a self evaluation of
their performance as Commissioners. She stated they need to work out what their goals
and objectives are for themselves and then marry those with the goals and objectives set
for these three appointed positions. She stated the form is the last piece of this; it is the
preparation to get to the form that they need to work on before they even get to what the
form is going to look like. She stated she believes it is the process that they need to fully
discuss and understand what they want to achieve. She stated she would like to have
evaluations and this could be part of the strategic workshop every year when they are
setting goals for the City. She stated she believes it is a little bit deeper than just picking
out a form. Mayor Borno stated each year he has reminded himself that it is due to have
a one on one. He stated he looks at the Florida ICMA guidelines. He stated they also
have to keep in mind the criteria that are in the contracts so they don't get outside the
parameters of what they were hired to do. Commissioner Beckenbach stated he is not
saying this has to be done tomorrow but there definitely should be a review eventually.
He stated he has no problem working on it and coming up with something that is
reasonable not only for the Commission but for the three individuals who are working
with the Commission.
B. Board Member Review Committee Recommendations for Appointments to the
Code Enforcement Board.
There was no discussion on this item.
C. Reconsideration of Ordinance 5-13-30 to dissolve the Code Enforcement Board
and authorize creation of one or more special magistrates.
Commissioner Daugherty explained he was not at the meeting when this was discussed
and wanted to see how the Commission felt on this. Mayor Borno stated he has been
gathering information on this and there is a tremendous movement going in that direction.
Commissioner Daugherty stated he has spoken with the Code Enforcement Officer and
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she is a huge proponent of this. Discussion ensued regarding the Special Magistrate. Mr.
Jensen stated the Code Enforcement Board is very good but one of the problems is that
they are not uniform in their decisions. He stated he does not have any experience with
special magistrates but the Code Enforcement Officer Debbie White has a lot of
experience because that is what they do in Jacksonville Beach. He stated from
everything he reads, as the Mayor stated, more and more cities are going with that
because it is more efficient, more uniform, they are prepared to deal when people show
up with lawyers, etc. Mayor Borno stated this is not against the Board; that is not why he
brought this forward. He stated there is a change in times and it does give uniformity.
Mr. Jensen stated he believes a magistrate could go through the cases a lot quicker, than a
7-person board. Further discussion ensued. Commissioner Daugherty stated if the
Commission agrees now that they don't see a problem with the current situation, then
when this comes up he will withdraw it.
D. Continued Discussion as to the Potential Renovation and Additions to the Present
COAB Police Station.
Commissioner Beckenbach stated previously the Commission decided they were not
going ahead with the original plan from ADG. He stated the second thing was
encroachment on the park and most of the Commission agreed there should not be
encroachment on the park. He stated encroachment to him means that a foundation that
is over on the west side is going to move everything over into the park and taking
anything out of the green space of the park, to him, is not acceptable. He further
discussed renovation of the current building, a space/needs assessment, and determining
the amount of money they are willing to spend. He asked if the Commission wants to
move forward. Discussion ensued. City Attorney Jensen stated during the first 45
minutes of the meeting tonight the two ladies over there trying to keep minutes could not
keep minutes because everybody was talking over everybody. He asked that they please
remember the rules that they established so the clerks can take the minutes and so
everybody is not talking at the same time. Mr. Hanson stated this may be a waste of time
to talk about this tonight. He stated the new Commission may want to do something
entirely different from the road the last Commission took. He stated the election is
tomorrow and believes any road they start down without all of the new Commissioners
being part of that road and establishing that road map will probably be a waste of time.
He suggested they should wait until the new Commission is elected to decide what they
are going to do next.
E. Explanation as to which recommendations from Marc Hudson are being
considered for the Conservation Easement for Selva Marina Country Club.
This item was discussed during the Special Called Meeting.
There being no further discussion by the City Commission, Mayor Borno declared the meeting
adjourned at 9:41 p.m.
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kiA 4A-44_6
Mike Borno
Mayor
0.- a.th.
Donna L. Bartle, CMC
City Clerk
*Formal action(if needed)will be taken at the Commission Meeting of September 9,2013.