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Agenda Item 1MINUTES *REGULAR CITY COMMISSION MEETING October 14, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach (arrived at 6:33) Commissioner Jonathan Daugherty Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Borno called the meeting to order at 6:32 p.m. Mayor Pro Tem Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Borno welcomed members of Boy Scout Troop 837 in the audience who were working on citizenship in the community badges. 1. A. B. C. D. E. F. G Approve the minutes of the Regular Commission Meeting of September 9, 2013. Approve the minutes of the Budget Workshop for August 6, 2013. Approve the minutes of the Budget Workshop for August 13, 2013. Approve the minutes of the Special Called (Shade) Meeting of August 26, 2013. Approve the minutes of the Special Called Commission Meeting of August 26, 2013. Approve the minutes of the Commission Workshop of August 26, 2013. Approve the minutes of the Special Workshop of September 10, 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 Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and explained the process for public comments. A. Proclamation Declaring November 2013 Pancreatic Cancer Awareness Month in the City of Atlantic Beach. Mayor Borno read the Proclamation in its entirety declaring November 2013 Pancreatic Cancer Awareness Month in the City of Atlantic Beach and presented it to Alison Strother a volunteer with the Pancreatic Cancer Action Network. Mayor Borno also read a Proclamation that was not on the agenda declaring October 2013 as National Long - Term Care Residents' Rights Month and presented it to Michael Milliken, District Manager for the Department of Elder Affairs. Mitch Reeves, 1663 Sea Oats Drive, as chairman of the Ferry Task Force and board member of Friends of the Ferry, thanked the City of Atlantic Beach and the City Manager for providing them the support to work with the City of Jacksonville getting the fence and the labor to help them out. He stated they had their Ferry Fest last weekend and Jim Hanson was there again as a volunteer as he has always been. He presented Mr. Hanson and the City with a plank owner plaque on behalf of the Friends of the Ferry and the Ferry Task October 14, 2013 REGULAR COMMISSION MEETING Page 2 Force and thanked him for his support and everything he has done. He also expressed his appreciation to the Explorers who volunteered all day and presented a check to the Atlantic Beach Explorers for their assistance at the Ferry Fest. Dee Reiter, 1798 Selva Marina Drive, thanked Mayor Borno for his service as a Commissioner and as the Mayor stating she believes he has done a fabulous job. She also stated she supports the efforts to save the Selva Marina Country Club and the annexation and reuse facility project and hopes the City supports these. She also stated it would be a horrible mistake to fire Jim Hanson and Alan Jensen, stating both of those men have great experience, great leadership skills and great knowledge. She stated we need some continuity of government as we are getting ready to change hands and need some people who are not guided by self interest, people who have sound judgment and people we can trust to do a good job and what is best for the City, not for their personal agendas. She stated Mr. Hanson has done a fabulous job through all these years and administrations and she appreciates his efforts. She stated Mr. Jensen has done a great job for the City and she hopes they have the opportunity to serve our City for many more years in the future. Richard Selby, 3 Forrestal Circle N., spoke against the contract for $1.2 million for the reclaimed water facilities and asked what contingency plans they have to avoid a problem. He asked doesn't the annexation have to be done by a vote instead of a resolution. He stated they have 350 -400 people who have a vested interest in Selva Marina Country Club and he believes rather than taking everybody's tax dollars to pay for somebody's special pleasure, he believes their concern should be more with business, of which they have none in Atlantic Beach any longer. He stated no one on the dais has tried to bring any business to Mayport Road. He also spoke against the medians on Mayport Road. T.R. Hainline, 1301 Riverplace Blvd., representing Atlantic Beach Partners, the proposed developer of Selva Marina, stated he is here to answer questions on the annexation. He stated, on behalf of Atlantic Beach Partners, they support the annexation effort that would be started with this resolution and are happy to continue working with the Commission and staff to see that become a reality. He also stated related to the approval of the Master Agreement and the Recreation and Greenspace Easement, they are here to answer any questions they have. He stated there was one revision they requested since the agenda meeting and if they have any questions they are here and happy to answer them. He stated they appreciated working with the Commission, the staff, Mr. Hanson and Mr. Jensen and believes they have made a lot of progress since they started on this matter and look forward to a continuing and very positive relationship for everyone. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Mayor Borno recognized John Fletcher, former Commissioner, who was in the audience. 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 October 14, 2013 REGULAR COMMISSION MEETING Page 3 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 August. B. Authorize the City Manager to sign the contract with Atlantic Beach Experimental Theater (ABET). C. Award the contract for Concrete Repairs for the Public Works/Utilities Department to DP Contracting Inc. for one year with two 1 -year renewals starting October 15, 2013. D Award a contract to Sawcross, Inc. in the amount of $1.217 million for construction of the Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staff to encumber $42,000 as a contingency. The Notice to Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become effective on the date that Atlantic Beach Partners and Atlantic Beach Country Club achieve final closing on the property sale between the two parties. However, in order to meet the deadline to provide water to the golf course, the reuse pump must be purchased immediately due to delivery time for the pump. Staff recommends that the Commission award the contract and allow immediate purchase of the pump only, with no further construction until the date of the final closing noted above. E. Acknowledge receipt of the FY 2012 -13 - Summary of Utility Accounts Written Off. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A - E as read. Moved by Woods, 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 -14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA INITIATING THE PROCESS PURSUANT TO SECTION 171.203, FLORIDA STATUTES FOR NEGOTIATING AN IN'IERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE CITY OF JACKSONVILLE, FLORIDA; IDENTIFYING AN INCORPORATED AREA OF THE CITY OF JACKSONVILLE TO BE DISCUSSED FOR POSSIBLE ANNEXATION; IDENTIFYING ISSUES FOR NEGOTIATION; PROVIDING DIRECTIONS TO THE CITY CLERK; AND PROVIDING AN EFFECTIVE DA'Z'E. Mayor Borno read the Resolution by title. Motion: Approve Resolution No. 13 -14. Moved by Woods, Seconded by Mark City Attorney Alan Jensen summarized the Resolution and explained the process for annexation. He answered questions from the Commission. Mr. Jensen also explained that since there are no residents on the October 14, 2013 REGULAR COMMISSION MEETING Page 4 property being considered for annexation, there is no one to vote. He stated if they were talking about property where people lived, you would need a referendum to be voted on. Mr. Hainline further explained the annexation and the benefits to Atlantic Beach and the City of Jacksonville. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED 7. Action on Ordinances A. 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. Moved by Woods, Seconded by Mark Mayor Borno explained this is revising the parking ordinance to make it easier for the Police to enforce parking limits on the right -of -way, specifically on East Coast Drive, Ocean Blvd., Sherry Drive S., Seminole Road, Plaza Drive (except for the 300 block), Royal Palms Drive, Sailfish Drive, Levy Road, Dutton Island Road and Donner Road, where we have high traffic areas and safety issues. Discussion ensued. Commissioner Woods asked that this be linked up to the Strategic Planning priority of pedestrian/bicycle safety. Chief Classey answered questions from the Commission. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED 8. Miscellaneous Business A. Public Hearing on UBEX -13- 00100065, Tier One Construction, request for use -by- exception as permitted by Section 24- 111(c)(6), to allow a contractor, not requiring outside storage, to be located on a property within the Commercial General (CG) zoning district at 33 West 6th Street. Mr. Hanson stated this was reported on at the workshop and the Community Development Board and staff recommends approval. Motion: Approve use -by- exception UBEX -13- 00100065, to allow a contractor, not requiring outside storage, to be located on a property within the Commercial General (CG) zoning district at 33 West 6th Street. Moved by Woods, Seconded by Daugherty October 14, 2013 REGULAR COMMISSION MEETING Page 5 Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED B. Approval of Master Agreement/Recreation & Greenspace Easement with The Atlantic Beach Country Club, Inc. and Atlantic Beach Partners LLC. Motion: Approve the Master Agreement/Recreation & Greenspace Easement with The Atlantic Beach Country Club, Inc. and Atlantic Beach Partners LLC. Moved by Woods, Seconded by Mark Mayor Borno explained this is to approve a Master Agreement and related Recreation and Greenspace Easement for the Country Club project. T.R. Hainline further explained the Master Agreement and Recreation and Greenspace Easement. He also explained the amendment to the Master Agreement which he stated is related to interruptions for maintenance and repair work on the reclaimed water system. He stated they are asking that those interruptions have a time limit of a maximum of 5 days. He stated this does not apply to a force majeure incident, which is something no one can anticipate such as acts of God. He answered questions from the Commission. Public Utilities Director Donna Kaluzniak answered questions from the Commission related to the 5 days limit. She explained she believes they could accommodate the 5 days schedule with having redundancy. She stated they may have to order some additional spare parts, etc. and keep them on hand, but the major components like the pumps, filters, chlorine facilities, etc. they either have duplicity or redundancy or they are more readily available items that they can get more quickly and repair more quickly. She stated also the annual contractors are responsive to us 24/7. After further discussion, it was agreed to add a clause at the end of paragraph 5.f.iii stating "unless agreed to by the Country Club or Atlantic Beach Partners or unless another suitable water source is provided." Discussion ensued and Mr. Hainline and Ms. Kaluzniak answered questions from the Commission. Amended Motion: Amend agreement to include the above statement. Moved by Woods, Seconded by Mark Discussion ensued related to the use of potable water. Ms. Kaluzniak stated she would research whether a permit would be required for excess potable water usage. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED Mr. Jensen stated he wanted to assure that the original motion includes authorization for the Mayor to sign. Amended Motion: Amend to include authorize the Mayor to sign the agreement. Moved by Woods, Seconded by Mark October 14, 2013 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED Mayor Borno called for a vote on the original motion as amended twice. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED C. Proposed Rates for Sale of Reuse Water to Customers. Mr. Hanson stated this was a report made at the workshop and there were no amendments to this. He stated he had some requests from the workshop for additional research which has not been completed yet. D. Professional Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1— 4, RFP #13 -03. Motion: Authorize staff to begin negotiations with the top ranked firm, J. Collins Engineering Associates, LLC for completing the Professional Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1— 4, RFP #13 -03. Moved by Woods Seconded by Mark Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED E. Report on Interactive Voice Response (IVR) Option. Mr. Hanson explained this was reported on at the workshop and Finance Director Nelson Van Liere had proposed to add this service for our customers' convenience in paying their bills and he has recommended a vendor to go with. Motion: Authorize the City Manager to enter into a contract with Bill2Pay, an automated payment provider, to develop and implement an IVR web page payment option and implement these services to include a convenience fee (Option 2), for credit card payments. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED F. Pay increase for the City Clerk. October 14, 2013 REGULAR COMMISSION MEETING Page 7 Mayor Borno explained the City Clerk does not fall into categories for the pay study review and to not leave her out he would make a motion to approve a salary increase. Motion: Approve a salary increase of 2% plus $1,000 for the City Clerk, retroactive to 10 -1 -13. Moved by Borno, Seconded by Woods Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED 9. City Manager A. City Manager's Report. Mr. Hanson introduced Cathy Berry, who was in the audience, reporting she has been hired as the new HR Director and will start next Monday. He also reported on the list of ongoing and budget projects to be completed over the next year. Mr. Hanson reported on the Salt Air Subdivision reconstruction of the swale system. He stated they will survey the residents to assure the majority of them want the project and will get a summary of their input for the Commission before moving ahead with design, bidding, etc. He stated he appreciates Mitch thanking him for his volunteering but stated he did not volunteer at the Ferry Fest this year. He stated he did attend and is a member of the Exchange Club, who was handling some of the parking, but they had plenty of people there and didn't need him so he didn't do any work. He asked Keith Randich to report on the tablets for the Commission. Mr. Randich summarized his staff report on the tablets for the Commission explaining they will be using the iPad and asked for one or two volunteers to work with staff to try out different software apps and to test the interface with the file share website. He stated once they are all satisfied they have a successful process they will roll out the balance of the tablets to the rest of the Commissioners. Commissioner Mark and Commissioner Woods volunteered. Discussion ensued. 10. Reports and /or requests from City Commissioners and City Attorney A. Report on Boil Water Notice. Commissioner Mark stated Donna Kaluzniak gave a very good presentation at the workshop and believes the protocol for safety measures she has put in with all the labs that do our testing is crystal clear so she does not anticipate it being an issue in the future. She stated she is not requesting that Ms. Kaluzniak make another report on this. B. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager /City Clerk/City Attorney. Commissioner Beckenbach withdrew this item, stating it was discussed at the workshop and he will continue to bring things to the workshops for discussion. October 14, 2013 REGULAR COMMISSION MEETING Page 8 C. RCBS Corporation vs. the Estates of Atlantic Beach, LLC, et al. City Attorney Jensen explained the City was sued; we had to defend but have been reimbursed 100% for all of the legal fees and insurance deductible because we prevailed on the lawsuit, so the lawsuit did not cost the City anything. City Clerk Bartle • Thanked the Commission for the raise. • Reminded the Commission that there is a Town Hall meeting this Saturday, 10/19/13, at Adele Grage from 10:00 -noon and stated unless they wanted her to be there she asked if someone would do the minutes. Jim Hanson stated he would do the minutes. • Wished a Happy Birthday to Nancy Bailey. Commissioner Mark • Stated she hopes Commissioners looked at the project list the City Manager submitted at her request and believes Commissioners tend to forget all the projects they have requested. She encouraged them to look at the list and prioritize those projects they feel need to be done within this fiscal year and identify the other projects that can be on the back burner to be revisited when they go through the Strategic Planning again. She asked that they, as Commissioners, be mindful when they are giving the various tasks for staff to do that time is the biggest value they have and she does not believe it is fair or prudent on the Commission's part to continue to stack these projects on staff and expect them to get done, when they aren't cognizant of all of the things that are being done. She pointed out that these projects don't even include what staff does on a normal basis with their jobs, but are over and beyond those responsibilities. She believes they need to look at these projects again and refine the priorities for staff. • Stated it has come to her attention that some elected officials have been surreptitiously approached by individuals within our community with the intent to influence their vote regarding certain matters that have yet to come before us as a Commission, with promises of some future benefits by an elected official should they vote in the affirmative. She stated if these solicitations have indeed been made on behalf of another elected official or officials, that elected official or officials are in direct violation of Florida Statutes, Chapter 112.313 Standards of Conduct for Public Officers. She read paragraph 2 Solicitation or Acceptance of Gifts. She stated she strongly recommends that the official who has been approached file a formal complaint with the Florida State Ethics Commission immediately because this type of unethical behavior should not be tolerated and she is embarrassed for the Commission and the citizens that this type of behavior is transpiring. Commissioner Beckenbach • Will not be at the town hall meeting due to a prior vacation planned and apologized to the citizens. • Stated he is curious as to what Commissioner Mark was speaking about and stated if there is something that is going on he would like to find out what it is. He stated if there is a Commissioner who has been approached please bring it to the ethics board and get it out in the open. Commissioner Daugherty • Welcomed the new Human Resources Manager and encouraged her to continue the health fairs. • Stated the trash contract is coming up in July and asked for a formal report from the City Manager at the next meeting as to where we are with our negotiations with Jacksonville and would like to open October 14, 2013 REGULAR COMMISSION MEETING Page 9 the discussion on what they would like to have in their next trash contract and whether they should be sending it out for bid at this time. • Stated since Commissioner Mark brought this issue up, he wants to clear the air. He stated this Commission has been big on open government and transparency and has fought heavily for it, making numerous advances. He stated he has been told that a lot of the Commissioners have been polled by different citizens and encouraged on the issue of Mr Hanson's employment and it is no secret that Commissioner Woods has asked the City Attorney to draft a resolution to terminate both the City Manager and the City Attorney. He stated he has been very public on his stance and there was an article in the newspaper last week on this. He stated he asked the City Attorney whether he needed to disclose something and was told, legally, he did not have to disclose it because there is no proof, just his word versus someone else's. He stated what Commissioner Mark was talking about was that he was approached by two people who asked him to change his vote to fire Jim Hanson. He stated he told them he has not found anything egregious in Mr. Hanson's' actions and believes the City is in incredible shape because of the work he has done. He stated what disturbed him was these people told him that they already knew they had the votes to do this and told him who they thought would vote. He stated they told him he doesn't want to be in a 3 -2, you want to be in a 4 -1. He stated they indicated that Commissioner Woods had asked them to meet with him and he asked her about this and she said she had no knowledge of it. He stated they said should he do this that he would be the next Mayor Pro Tem. He stated it upsets him that this happened. He stated he is not saying that Commissioner Woods had any part in that at all and as far a filing an ethics complaint he is not going to do that because there is no proof and he sincerely hopes that that would never happen that way. He stated he does want to let people know that there are people who are going around talking to Commissioners and polling them, and he is not going to name those people either. Commissioner Woods asked if it was illegal for citizens to ask their Commissioners how they feel on a vote and try to influence them. Mr. Jensen stated no. Commissioner Daugherty stated what is illegal is for one Commissioner to ask someone else to go talk to another Commissioner and he is not saying that that was done; he is saying that is what he was told by them. He stated he asked them directly if Commissioner Woods had asked for them to meet with him and they said, why do you think we called you. Mayor Borno • He reported on a proposal by Kurtis Loftis brought up at the Beaches Chamber meeting for the lifeguard chairs for the Winter Lights Festival from November 29 — January 2. • Stated they all received an invitation to go to Veterans Day celebration and reminded them to respond if they are attending. Commissioner Woods • Stated there have been some pretty serious accusations thrown her way and she wanted to address them. She stated when people approach her about issues and talk to her about their concerns she tells them to talk to the other Commissioners. She stated it sounds like that is what happened, they felt strongly about an issue, asked her how they could make it happen and she told them to talk to every single Commissioner. She stated it is pretty much that simple and hopes Commissioner Daugherty gives that same advice to citizens when they come to him. She stated she believes Commissioner Daugherty and Commissioner Mark owe her a serious and heartfelt apology for spreading such insidious gossip. Commissioner Daugherty stated he never said she had anything to do with it. She stated he mentioned her name a number of times so she is not here to argue with him she just really feels this whole thing was completely out of line and he should pay more attention to what gets read October 14, 2013 REGULAR COMMISSION MEETING Page 10 in the beginning of the meeting and how people are treated and spreading this kind of gossip, rumor and innuendo is very unhelpful. She thanked Mayor Borno for the opportunity to address this. Commissioner Mark • Stated since she was brought into this she asked to readdress what Commissioner (Mayor - elect) Woods just said. She stated she did not mention any names and does not feel she owes her a public apology. She stated, secondly, according to what Commissioner Daugherty said, it was more than just talking to him and trying to find out what his vote would be or trying to sway his vote, it was also with the promise of another future benefit. She stated that is clearly a violation. She stated whether they said that on their own and then were going to try to convince Commissioner Woods to do that, she doesn't know, nor does she know who was involved in it. She stated she had heard this before from several different sources and felt like it was her duty as a Commissioner to bring this up. She stated no one has approached her at all. Commissioner Woods stated she can categorically say none of it is true. Commissioner Mark stated then she has people out there speaking for her. Commissioner Daugherty stated if there was anything that connected her to this he would have filed an ethics complaint but it was just what he was told and he believes he should let the Commission know about it. Commissioner Beckenbach • Stated the Beaches Leader had everything that soon -to -be Mayor Woods was thinking about and what she did and he does not believe you can be more open than what was in the newspaper long before what was going on. He stated he gets lobbied all the time. He stated if people told Commissioner Daugherty that he was going to be the Mayor Pro Tem he would be really hard pressed to really believe that. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:19 p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on September 23, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON SEPTEMBER 23, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The Mayor called the meeting to order at 6:32 p.m. in the Commission Chamber. 1. Public Hearings on adopting Resolution 13 -11 for the Millage Rate. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Borno stated the first item to be considered was Adoption of the Millage Rate by Resolution 13 -11. He stated the Tentative Millage Rate is 3.3285; the Roll —Back Rate is 3.3156 and the Tentative Millage Rate is 0.39% higher 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 the estimated cost and to continue to maintain the City's infrastructure. Motion: Adopt a final Millage Rate for Operating Purposes of 3.3285. Moved by Woods, 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 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 2. Public Hearing on adopting Ordinance No. 20 -13 -125 establishing the Operating Budget for fiscal year 2013 /2014.Budget ordinance & resolution; 2nd reading and final adoption. 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 stated the second item to be considered was Ordinance No. 20 -13 -125 establishing the Operating Budget for fiscal year 2013/2014 of $29,482,771 and asked for a motion to adopt Ordinance No. 20 -13 -125 establishing the Operating Budget for fiscal year 2013/2014. Motion: Adopt Ordinance No. 20 -13 -125 establishing the Operating Budget for Fiscal Year 2013/2014. Moved by Woods, 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 — Daugherty, Mark, Woods, Beckenbach, Borno Nay: 0 MOTION CARRIED 3. RESOLUTION NO. 13 -12 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2013B, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., A FLORIDA NOT - FOR - PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2013B BONDS, FOR THE PURPOSES OF (A) FINANCING OR REFINANCING ALL OR ANY PART OF THE COST OF A CAPITAL PROJECT FOR THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION, (B) FUNDING A DEBT SERVICE RESERVE FUND FOR THE SERIES 2013B BONDS AND (C) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2013B BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2013B BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2013B BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2013B BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2013B BONDS AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2013B BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Borno read the Resolution by title. Motion: Approve Resolution No. 13 -12 as read. Moved by Mark, Seconded by Daugherty Mayor Borno explained this is authorizing the issuance of tax exempt bonds by Fleet Landing. Mayor Borno opened the Public Hearing. -2- Peter Dame, Akerman Senterfitt, Bond Counsel for the City, stated their job is to read the documents and make sure the City is protected and the financial wherewithal of the City is not pledged or otherwise implicated in the payment of these bonds. He explained the bonds are an economic development assistance to Fleet Landing to help them get lower cost financing and not put the City at risk. He assured the Commission that the City is not at risk here and stated after looking at the documents they believe they do protect the City in the way they are supposed to. Josh Ashby, One Fleet Landing, stated he would answer any questions the Commission had and appreciates the Commission considering this issue on a fast track so they can take advantage of this week's more advantageous pricing in the bond market and they are ready to continue moving forward with the transaction at this point. Chauncey Lever, Foley and Lardner, Bond Council for Fleet Landing, explained they prepared the Resolution that is before the Commission stating it authorizes the necessary documentation for the financing and provides that these are conduit bonds payable solely from the revenues received from Naval Continuing Care Retirement Foundation Inc. and other security pledged under the bond documents. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED 4. Approval of purchase of playground equipment for Rose Park. Public Works Director Rick Carper gave a slide presentation of the Rose Park Playground concept summarizing his staff report. He explained this was in this Special Called Meeting due to the time limitations. He stated if this is approved tonight then they can get it on order and have it ready to be installed when the contractor doing the ground work at Rose Park is ready to accept it and the ribbon cutting for the park happens all in one fell swoop. He stated he is asking for authorization for the City Manager to contract with Playmore Recreational Concepts. Motion: Authorize the City Manager to approve the Rose Park playground purchase from Playmore Recreational Services. Moved by Woods, Seconded by Mark Mr. Carper answered questions from the Commission. He stated they expect to have the ribbon cutting in mid - November. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED 5. Authorization to Execute Contract with PBA (Police) Union. City Manager Jim Hanson stated the PBA (Police) Union members voted to ratify the proposed amendments in the contract that was proposed by the City and discussed by the Commission in -3-- the shade meeting, stating the only change this year was dealing with pay. He stated funds for the pay increases were included in the budget and recommended they authorize the Mayor to sign the contract on behalf of the City. Motion: Authorize the Mayor to sign the Agreement between the Coastal Florida Police Benevolent Association and the City of Atlantic Beach. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED 6. Authorization to Execute Contract with LIUNA (Blue Collar) Union. Mr. Hanson stated the LIUNA (Blue Collar) Union did ratify the contract with a vote of 13 -1. He stated this includes the same pay increases similar to those of other City employees and three minor contract amendments as discussed in the shade meeting. He recommends the Commission authorize the Mayor to sign the contract. Motion: Authorize the Mayor to sign the Agreement between Northeast Florida Public Employees' Local 630 LIUNA, AFL -CIO and the City of Atlantic Beach. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 - MOTION CARRIED There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 6:49 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON SEPTEMBER 23, 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 October 14, 2013, was called to order at 6:49 p.m. by Mayor Borno. Item 10A. was taken out of sequence and discussed at this time. 10A. Report on Boil Water Notice. City Manager Hanson explained why the safety of the water system was never in question. He stated the Reverse 911 warning system should have been used and staff should have prepared a clear and short media announcement to be sent out, stating he takes responsibility for this mistake. Public Utility Director Donna Kaluzniak further explained the time line of what happened and the steps that were taken up to rescinding the boil water notice. She also explained the format requirements and protocol of the Department of Environmental Protection (DEP) for notices related to the groundwater rule. She answered several questions from the Commission. Chuck Ged, Owner, Advanced Environmental Laboratories, explained the testing process. He answered questions from the Commission. He further discussed their notification procedures for a presumptive positive, stating they are not required by law to notify the client of this but some clients want to know in anticipation that there may be, in 48 hours, a boil water notice. He stated it is up to the client to decide if they would like it or not. Ms. Kaluzniak stated the City did not tell the lab that they do not want to know; the City wants to know anytime there is a possible problem so they can be prepared and start working on it, etc. She stated perhaps there was miscommunication of what we want but that is what we want. She stated we have three labs under contract and she had all of them sign very specific statements that we want to be notified immediately; if they send an email and do not hear back within one hour, they are to keep calling until they get a live person. She stated this applies to any sample results that are abnormal. Mr. Ged stated they have also implemented that from their end as well. He stated Ms. Kaluzniak has provided them with a list in hierarchy of phone numbers and email addresses. He stated they will also contact the DEP if all else fails. Ms. Kaluzniak stated it is on our list also that they are to notify DEP and send them all of the bacteriological samples for us as well. Ms. Kaluzniak stated that we now have a link on our website for citizens to sign up for the Reverse 911 system so they can get notification for any kind of emergencies. Minutes — City Commission Workshop September 23, 2013 Page 2 Ms. Kaluzniak further stated she did not take the time to brief staff on how to answer some of the questions like she should have. She believes it may have saved some time and phone calls if she had better answers for the people who were not in the utility business to help answer some of the residents' questions and concerns. She asked Chief Classey to explain the Incident Command System, stating we should have invoked that system since we did have a potential emergency situation. Chief Mike Classey explained the Incident Command System, stating it applies to any type of emergency as an all- hazard type of organizational management system. Ms. Kaluzniak explained the improvements for the future including putting the Incident Command System for emergencies into place; improved notification process with Reverse 911; post all emergency notices on the City Website immediately; assembling a media contact list and a contact list for critical facilities. Commissioner Mark pointed out that the Commission should also be contacted immediately during these emergencies. Ms. Kaluzniak stated other improvements include written, signed notification procedure with laboratories with a contact list; refresher training for operators; review and update standard operating procedures; and work with DEP to determine ways to reduce potential for precautionary notices. Ms. Kaluzniak answered several other questions from the Commission. Item 8B. was taken out of sequence and discussed at this time. 8B. Approval of Master Agreement and Greenspace & Recreation Easement Mayor Borno stated they have spent a lot of time in meetings on this which he believes have been extremely productive and the documents show the markups agreed to by all parties. He asked if the Commission had any questions because the representatives were here to answer them. He stated if not they will take action on this at the next Commission meeting. Mr. Hanson stated the changes were made to the Master Agreement and the Easement as discussed in the workshop on September 10. He stated the amendments made since that workshop were shown in strikethrough and underline format in the copies in the agenda packet and summarized those changes. He stated if approved on October 14, this would be signed by the City and all other parties, but would not go into effect unless and until the developer, Atlantic Beach Partners, acquires title to the property. He answered questions from the Commission. Laura Ferrante, Board Member of Selva Marina Country Club, stated it is her understanding that as soon as they close the real estate transaction, they want to break ground the following day. She stated Selva Marina Country Club will be closed as of the end of October. Replying to a request from Commissioner Woods, Mr. Hanson explained, for the benefit of the audience, Marc Hudson, who works for the North Florida Land Trust, is the consultant for the City dealing with the Recreation and Conservation Easement. Minutes — City Commission Workshop September 23, 2013 Page 3 Commissioner Mark stated this has been a lot of work, a lot of compromise and discussion, but believes on all three sides of the parties it has been a great experience and hopes the community is happy with what they have been able to do. C. Proposed Rates for Sale of Reuse Water to Customers. Mr. Hanson explained the proposed rates as presented previously at the workshop on September 10. Discussion ensued. Item 4D. was taken out of sequence and discussed at this time. 4D. Award a contract to in the amount of $ for construction of the Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staff to encumber $ as a contingency. The Notice to Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become effective on the date that Atlantic Beach Partners and Atlantic Beach Country Club achieve final closing on the property sale between the two parties. However, in order to meet the deadline to provide water to the golf course, the reuse pump must be purchased immediately due to delivery time for the pump. Staff recommends that the Commission award the contract and allow immediate purchase of the pump only, with no further construction until the date of the final closing noted above. Mr. Hanson stated bids were opened last week and Ms. Kaluzniak and John Collins worked on this to get the numbers in line. He stated he emailed the Commission the revised version over the weekend. Ms. Kaluzniak explained the bid stating it came in over budget. She stated the low bidder was Sawcross Inc. She stated because the bids came in over budget, J. Collins & Associates did a value engineering to reduce some things in the project to bring it as close to the budget number as possible. She explained the items that were removed or modified, which totaled $180,000. She stated after the recommended deductions by staff and the engineer, the total amount came to $1.259 million, including a $42,000 contingency. She also stated one of the items they are removing from the contract is a $9,000 temporary reclaim pump which she will order out of this budget year so it can be delivered in time. She answered questions from the Commission. She explained when this is awarded it will be contingent upon the land sale. John Collins, J. Collins Engineering, further explained why the bids came in over budget, how they did their estimates and their value engineering. He also answered questions from the Commission. *Discussion of Agenda Items on October 14, 2013 Commission Meeting: 1. A. Approve the minutes of the Regular Commission Meeting of September 9, 2013. B. Approve the minutes of the Budget Workshop for August 6, 2013. C. Approve the minutes of the Budget Workshop for August 13, 2013. D. Approve the minutes of the Special Called (Shade) Meeting of August 26, 2013. Minutes — City Commission Workshop September 23, 2013 Page 4 F. Approve the minutes of the Commission Workshop of August 26, 2013. G Approve the minutes of the Special Workshop of September 10, 2013. There was no discussion on this item. 2. Courtesy of Floor to Visitors A. Proclamation Declaring November 2013 Pancreatic Cancer Awareness Month in the City of Atlantic Beach. There was no discussion on this item. Mayor Borno opened the Courtesy of the Floor. Richard Selby, 3 Forrestal Circle N. asked why are we building a $1.2 million water treatment plant for a private golf course and why is there such a mad rush to service a golf course. He stated it is a private entity. He also asked what are the developers bringing to the table. He stated also related to the reclamation water, they have been using pot water on Mayport Rd. forever and now they are going to give them special water usage but still use the more expensive pot water on Mayport Rd. He stated he sees no advantage for Atlantic Beach. He also stated he appreciates the automobile accident they had on Mayport Rd. at Atlantic Blvd. because it took out every bush. He stated now they can pull up to that stop sign and look over and see Florida Ave. and not get hit because their vision is totally blocked. He stated he loves those bushes being gone. Lou Keith, 1845 Tierra Verde Drive, asked if they accepted the pay study on their earlier vote as gospel. Mayor Borno stated yes. Steve Fouraker, 387 6th Street, stated he knows this is a different format for the Commission meeting but stated this is their only chance for the angry citizen to get up here and rant and asked to have public comments earlier then the Commission can get to their business of governing. He addressed the Commission about the complaint that the Sherry Drive and 8th Street vegetation in the right -of -way was a hazard in turning on to Sherry Drive. He related the background of the planting and removal of this vegetation and stated he believes this has gone from being a safety hazard to an aesthetic issue. He stated when it goes from being a public safety issue to an aesthetic issue, that is where he has a problem with the enforcement of that particular injunction so he is asking the City to get involved and stop what he considers the clear cutting of the vegetation in front of that house on 8th Street and Sherry. He stated he hopes the City learns to deal with homeowners with a little more sensitivity about this kind of issue. Mayor Borno asked Mr. Mayhew if there was anything new in the information he provided to the Commission and if he would keep his comments to something new, he would add his handout into the record of the minutes. Mr. Mayhew stated he would like the audience to hear what he has to say. Mayor Borno left at 8:22, he returned at 8:24. Minutes — City Commission Workshop September 23, 2013 Page 5 Bill Mayhew, 1870 N. Sherry Dr., addressed the Commission stating he had already provided this to them in writing but wanted to read it to them again. He read from his handout regarding the pension plans in Atlantic Beach stating there is still work that needs to be done and discussed moral obligations and what is owed to the employees and citizen taxpayers. He stated he believes the City should not continue the defined benefit plans. 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. Mr. Hanson reported the sale of 765 Sabalo Drive was completed with the highest bid being from Robert Henderson for $115,000. He stated Mr. Henderson will have 45 days to close on the property. He answered questions from the Commission. 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 Tl'EMS. 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 August. B. Authorize the City Manager to sign the contract with Atlantic Beach Experimental Theater (ABET). C. Award the contract for Concrete Repairs for the Public Works/Utilities Department to DP Contracting Inc. for one year with a two 1 year renewals starting October 15, 2013. D Award a contract to in the amount of $ for construction of the Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staff to encumber $ as a contingency. The Notice to Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become effective on the date that Atlantic Beach Partners and Atlantic Beach Country Club achieve final closing on the property sale between the two parties. However, in order to meet the deadline to provide water to the golf course, the reuse pump must be purchased immediately due to delivery time for the pump. Staff recommends that the Commission award the contract and allow immediate purchase of the pump only, with no further construction until the date of the final closing noted above. E. Acknowledge receipt of the FY 2012 -13 - Summary of Utility Accounts Written Off Item 4D was taken out of sequence and discussed earlier in the meeting. There was no discussion on the other items. 5. Committee Reports None. Minutes — City Commission Workshop September 23, 2013 Page 6 6. Action on Resolutions None. 7. Action on Ordinances A. 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. Chief Mike Classey summarized the Ordinance. He answered questions from the Commission. Discussion ensued and a change was suggested to remove "on a regular basis at his or her place of residence" and change it to "on a regular basis at a residence" in the second paragraph of Sec. 21 -23. Chief Classey stated he will make the change as agreed to by the Commission. 8. Miscellaneous Business A. Public Hearing on UBEX -13- 00100065, Tier One Construction, request for use - by- exception as permitted by Section 24- 111(c)(6), to allow a contractor, not requiring outside storage, to be located on a property within the Commercial General (CG) zoning district at 33 West 6th Street. Redevelopment and Zoning Coordinator Jeremy Hubsch explained the use -by- exception with a slide presentation including a site aerial of the property. He stated the Community Development Board unanimously recommended approval. He stated the applicant was not here tonight. Discussion ensued regarding the length of time for approval of these requests. B. Approval of Master Agreement/Recreation & Greenspace Easement with The Atlantic Beach Country Club, Inc. and Atlantic Beach Partners LLC. This item was taken out of sequence and discussed earlier in the meeting. C. Proposed Rates for Sale of Reuse Water to Customers. This item was taken out of sequence and discussed earlier in the meeting. D. Professional Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1— 4, RFP #13 -03. Ms. Kaluzniak summarized her staff report, stating this is a new OSHA and National Fire Protection rule for worker safety to eliminate or reduce the potential for Arc Flash hazard. She explained to meet the requirements of the rule they have to have an analysis which includes modeling the system and determining distance and personal protective equipment, labeling, Minutes — City Commission Workshop September 23, 2013 Page 7 training and making sure they meet the requirements of OSHA. She stated they did a Request for Proposal and the top ranked firm was J. Collins Engineering Associates. She stated staff recommends the Commission authorize negotiation with that firm. E. Contract with Bill2Pay, an automated payment processing company, to implement an Interactive Voice Response (IVR) system and a web hosted payment portal. Finance Director Nelson Van Liere summarized his staff report proposing the Commission authorize the City to sign a contract with Bill2Pay, which is an automatic payment processing company, to start having an interactive voice response system (IVR) to accept credit card payments over the phone and a web - hosted payment portal. He stated the representative from Bill2Pay was in the audience. He stated staff recommends Option 2 which passes the fees on to the customer. He answered questions from the Commission. Discussion ensued. Kyle Crawford, representative from Bill2Pay, explained the process and answered questions from the Commission. 9. City Manager A. City Manager's Report. Mr. Hanson reported the next quarterly Town Hall Meeting will be held on October 19 at 10:00 a.m. in the Adele Grage Center. 10. Reports and /or requests from City Commissioners and City Attorney A. Report on Boil Water Notice. This item was taken out of sequence and acted on earlier in the meeting. B. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager /City Clerk/City Attorney. Commissioner Beckenbach responded to Richard Selby's comments. He stated he would call and send him some information to explain why we are pushing for this recommendation. He announced there will be a town hall meeting on Selva Marina tomorrow at 6:30 p.m. Commissioner Beckenbach outlined his proposal for the evaluation process for the City Manager, City Clerk and City Attorney, which he distributed to the Commission at the meeting. He stated his goal is not to berate somebody or say they are doing everything wrong; his goal is to make sure that individual is given from the Commission what they expect of that individual. He stated there should also be a quarterly follow -up report and whether or not they are achieving those goals. He asked that they review his proposal and give him their ideas and suggestions. Discussion ensued. Mr. Hanson responded to the evaluation proposal, stating he supports looking at the strategic goals. He stated in the two forms submitted there are a lot of changes that would be needed because there are a lot of provisions in those where he does not believe the Commission would be knowledgeable enough to be able to rate the City Manager and gave Minutes — City Commission Workshop September 23, 2013 Page 8 examples. He further stated the outline he submitted is not the way they do evaluations for City employees. He stated when the City employees are evaluated they fill out a form for the supervisor to review before the supervisor does anything. He stated in the case of a public review he does not believe they will get that. He stated he believes it more appropriate that they should meet with the employees first, rather than to indicate they are going to fill out the form and can't change it after reading the employee's, which implies that their mind is made up and they don't want any more input. Commissioner Woods recommended that, since Commissioner Beckenbach has been working with some people on this, they have an ad hoc committee to meet with each of the positions individually and get the input and come up with a form. Mr. Hanson stated he does not believe that the people Commissioner Beckenbach has been meeting with know much about the performance reviews and he would object to them being on the ad hoc committee; he believes they are some of the most negative people he has heard. He stated if they want to have people on a committee, get positive business people who understand how performance reviews work. Commissioner Woods stated she believes it should be a very small committee of 3 or 4 people and each of the positions be involved. Commissioner Mark stated it would be nice if the committee had some kind of HR background or experience and understand reviews and how that whole process works, especially with these three positions because with Sunshine anything that is written down is discoverable. She stated she believes they need to be very careful that these are objective evaluations because it could easily get into a personality level and when you talk about the public input she believes there needs to be parameters set. She stated she also believes it important to have some type of self assessment. She stated she has never, as an employee who has been through numerous reviews, not had an opportunity to give her assessment of her job performance and then meet one on one with her direct supervisor to discuss it and have the opportunity to go back and refine what was discussed during the evaluation. She stated she would be very careful in how they treat this in a public forum; it is to talk about things objectively and not to berate, embarrass or humiliate anyone in public or to allow the public to do that. Discussion ensued. Mayor Borno stated he has completed his evaluations and would make copies for the Commission of the format he used. City Attorney Alan Jensen explained the Resolution for annexation for the golf course that was distributed to the Commission tonight. He asked that it be added to the agenda for October 14 as an action item. Commissioner Woods expressed concern about losing ad valorem taxes if we are the initiating City. Mr. Jensen explained that State Statute requires that we, as the initiating entity, pass the initiating resolution, which is what this is. He stated this initiating resolution asks them to begin negotiations regarding annexation and addressing all the issues contained in there; it also addresses specifically ad valorem taxation. He explained that this is statutorily required to begin the process that we have all agreed to do with the Selva Marina Country Club and Atlantic Beach Partners, with their full support. He stated he met last week with the attorneys for the General Counsel's office with the City of Jacksonville, the attorneys at Rogers Towers for the developers /property owners, and discussed it with the City Manager. He stated he has received comments back from the Rogers Towers attorneys but has not yet received anything back from the Jacksonville Counsel's office. He stated there may still be some final tweaks but believes the sooner we start this process the better and asked that the Commission add this as an action item to the agenda of October 14. Discussion ensued. Minutes — City Commission Workshop September 23, 2013 Page 9 Mayor Borno asked that an item 8F also be added for action to the agenda of October 14, which is a pay raise for the City Clerk. Commissioner Daugherty asked why this did not include the City Manager. Mayor Borno stated Mr. Hanson said he did not want to be considered. Mr. Jensen reported on the RCBS lawsuit stating the City of Atlantic Beach won the lawsuit at the trial level and prevailed on the appeal as well and in accordance with the agreement the Estates of Atlantic Beach will reimburse all costs incurred by the City. Commissioner Mark asked that this be brought up at the October 14 meeting. Commissioner Mark asked that they double side the agenda packets. Commissioner Beckenbach stated they are going to go paperless. Mr. Hanson stated they just adopted the budget and they can ask Keith Randich to start moving ahead on it. Commissioner Mark asked Mr. Hanson to bring to the October 14 meeting the list of all the projects and departments working on them and talk about it during the City Manager Report. Discussion ensued. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 9:56 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk *Formal action (if needed) will be taken at the Commission Meeting of October 14, 2013. Minutes of Town Hall Meeting Saturday, October 19, 2013 Present: Mayor Pro Tem Maria Mark Commissioner Carolyn Woods Commissioner Jonathan Daugherty City Manager Jim Hanson Eight citizens attended — George Zikeli, Lou Keith, Sally Clemens, Jimmy Hill, Steve and Monica Osborne, and Alexi Gonzales and her husband Mayor Pro Tem Mark called the meeting to order in the Adele Grage Community Center at 10:01 am. She explained that Mayor Borno was unable to attend because of a recently scheduled funeral that he had to attend. (Note: Mayor Borno did join the meeting at approximately 11:25 am after the funeral was over). Comments and discussions are summarized as follows: • George Zikeli was the first citizen that spoke. He wanted the Police Department to do more about enforcing the noise ordinance dealing with loud parties. He indicated that there had been a problem with a house across from his residence at 573 Royal Palms Drive. He also wanted the parks to be open before 8 am. Specifically he was referring to Dutton and Tide Views Parks so that he could go fishing. • Steve Osborne of Hidden Paradise Subdivision expressed a concern about the proposed multi - purpose path that is part of the Marsh Master Plan. Commissioner Woods stated that she had set a meeting with neighborhood residents on Saturday, October 26th at 10 am to discuss their concerns. Mr. Osborne indicated that homeowners had been aware of the Marsh Master Plan in 2011, but did not think it applied to them. Mr. Osborne wanted to know if any parking was proposed in the Levy area in connection with the Marsh Master Plan. Commissioner Woods asked the City Manager to attend the meeting on Saturday, October 26t. • Jimmy Hill said that he was opposed to using another consultant to plan for the Marsh Master Plan development and asked if the City could send a copy of the Tideviews newsletter to utility bill customers that receive their bills electronically. • Lou Keith expressed a concern about the Mayor using his prerogative to move items forward on the agendas to accommodate groups of people. He felt like any other citizens that attend the meeting should have their opportunity to speak first. He went on to voice several disagreements with the pay plan and update done by Cody and Associates for the City of Atlantic Beach. Specifically, he felt like the maximum pay in the Grade for the Police Chief was too high. He went on to say that City employees had received an average of an 11% pay raise. • Jimmy Hill said that he wanted to look into the pay scales for City employees after he gets sworn in and indicated that "several top officers have told him that there are problems ". • Monica Osborne said she thought the Police Officers had a "very adversarial relationship with the community" and that she did not trust them. She related a story of a police officer she saw picking up garage sale signs and showing a bad attitude while doing so. • George Zikeli said that when he called the Police Department several years ago they were there in three minutes but he thought their response would probably be slower now. • Jimmy Hill said that the Police Department does not have a "Citizen Corp" mentality. He said that the officers had not been told to mingle with the public, but that they are "mercenaries not living here ". He said that he wanted to be able to see through the windows of the police cars. But thought it was not the officer's fault that these problems existed. • Sally Clemens commented on the difference in speed limits of 20 versus 25 mph in various City streets, wanted more stop signs on arterial streets, wanted to invite everyone to the MarshFest on November 10h, feels safe in her neighborhood, wants the canal through Johansen Park kept cleaner so homeless people will not camp there, wants garage sale signs limited to only the yard of the garage sale owner, commented that it was the culture of younger people now not to smile at others, and wanted to amend the City Charter to require paperwork to be submitted prior to running for office for Commissioner in Atlantic Beach and that minimum requirements for Commissioners include at least five years as a U.S. citizen and a resident of Atlantic Beach at least three years. She also wanted all Commissioners to run at large. • Mayor Borno joined the meeting at 11:25 pm. There being no further citizen comments, the Town Hall Meeting was adjourned at 11:25 am. Jim Hanson City Manager Maria Mark Mayor Pro Tem