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10-14-13 MINUTES *REGULAR CITY COMMISSION MEETING October 14, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach(arrived at 6:33) City Clerk Donna Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:32 p.m. Mayor Pro Tern 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. 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. F. Approve the minutes of the Commission Workshop of August 26, 2013. G 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 Pace 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 INTERLOCAL 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 DATE. 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 Pate 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 Tern. 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.