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9-23-13 Commission Workshop 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. E. Approve the minutes of the Special Called Commission 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 $115,000. He stated Mr. Henderson will have 45 days to close on the property. He answered questions from the Commission. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for August. B. Authorize the City Manager to sign the contract with Atlantic Beach Experimental Theater(ABET). C. Award the contract for Concrete Repairs for the Public Works/Utilities Department to DP Contracting Inc. for one year with a two 1 year renewals starting October 15,2013. D Award a contract to in the amount of$ 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 Bomo 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 Bomo 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 Bomo 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 Bomo declared the meeting adjourned at 9:56 p.m. Aux.., 4444_0 Mike Borno Mayor 4E)-14/14A'' JLe Donna L. Bartle, CMC City Clerk *Formal action(if needed)will be taken at the Commission Meeting of October 14,2013.