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11-12-13 MINUTES *REGULAR CITY COMMISSION MEETING November 12, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Borno recognized audience members: Carolyn Woods' father former State Senator Cliff Reuter, former Mayor Lyman Fletcher, former Commissioner Paul Parsons, Commissioner-elect Jimmy Hill, and Judge Hugh Carithers. 1. A. Approve the minutes of the Regular Commission Meeting of October 14, 2013. B. Approve the minutes of the Special Called Commission Meeting of September 23, 2013. C. Approve the minutes of the Commission Workshop of September 23, 2013. D. Approve the minutes of the Town Hall Meeting of October 19, 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. Michael Townsend, 1101 Scheidel Court, addressed the revitalization of the Mayport Corridor, asking what is the vision of this Commission for revitalization of the Corridor; where is the economic development that should come with revitalization that this Commission embarked upon five years ago; and what is the plan, not just to bring in business, but to develop the people of the corridor. He stated the heart of Atlantic Beach does not run down Seminole Road but rather right down Mayport Road which equally divides geographically and socioeconomically our community. He distributed an asset mapping activity that he conducted for UNF that provides a different perspective and some simple, inexpensive steps the Commission could take to develop a concrete plan for developing the most important piece of property for Atlantic Beach. Dick Hilliard, 338 11th Street, asked the Commission to defer the contract for beach cleaning, stating they had two bids that were lower than this bid. He further stated he does not believe they need to rake the beach; which would save a lot of money. He stated neither Hannah Park nor Neptune Beach rake their beaches. Lou Catania, 2279 Seminole Road, gave a slide presentation explaining a proposed recreation program called Atlantic Beach is Special that would provide assisted visits to our beaches for the families/caregivers of citizens with special needs at no cost to the family. He stated the program concept is being supported by a November 12,2013 REGULAR COMMISSION MEETING Page 2 number of different organizations including University of Florida, Hannah Park, Jacksonville Department of Disabilities, and the Cultural Arts & Recreation Advisory Committee. He stated the estimated budget would be approximately $150,000, with a startup cost of about $29,000, which he was asking the Commission to consider funding. He stated ongoing operating costs would be funded through Atlantic Beach businesses, charitable agencies, foundations, grants and community fundraising events. John Hancock, 336 Sunrise Circle, congratulated those who were elected and wished them well, stating he appreciates anyone who serves. He spoke in favor of the dog park and stated he hopes they continue to fund it. He stated he will be out of town for the next meeting but was told that the human right ordinance will be on the next meeting. He stated he hopes as they consider equality that they say everyone is equal. Mark Tomaski, 448 Snapping Turtle Court W., thanked Mayor Borno for his service and for his willingness to hear some of the other commissioners regarding some difficult projects, such as alternating workshops, opening up public comment to the citizens, and the video broadcasting. He thanked him for being open minded enough to hear some of the people express their opinions. He wished him well and thanked him for serving for our country and for this office. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager Jim Hanson stated they discussed the cost for automatically opening the Dutton Island gate and there is a budget amendment for the next regular agenda which will add $8,000 to install equipment to automatically unlock the gates. Commissioner Beckenbach asked about the status of Master Agreement for Selva Marina Country Club. Mr. Hanson stated it has been signed by all parties and distributed. He stated the effective date of the Master Agreement is when the developer buys the property. He stated the last he heard from them, that will be sometime in December. He stated although the Master Agreement has been signed, the easement won't become effective until they buy the property and at that time it will be properly recorded. 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 September 2013. B. Reject all bids for East Coast Drive Drainage and Streetscape Improvements (Bid No. 1213-12). C. Extend the annual contracts for environmental laboratory services (RFP 10-08) for one additional year to Columbia Analytical Services, Environmental Conservation Laboratories, and Advanced Environmental Laboratories, Inc. at the current contract prices. November 12,2013 REGULAR COMMISSION MEETING Page 3 D. Extend the contract for Orthophosphate (Bid No. 1011-05) for one additional year to Carus Phosphates, Inc. at the current contract prices, effective December 1, 2013. E. Extend the contract for Polymer(Bid No. 1011-03) for one additional year to Fort Bend Services, Inc. at the current contract prices, effective December 1, 2013. F. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No. 1213-13) in the amount of$32,916.00 for one year, from November 1, 2013 through October 31, 2014 and authorize City Manager to sign the new contract. G. Award a contract to 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) in the amount of$53,975 and authorize the City Manager to sign the contract. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item F. Commissioner Beckenbach pulled Item B. Motion: Approve Consent Agenda Items A, C, D,E, and G as read. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5—Borno,Beckenbach,Daugherty, Mark,Woods Nay: 0 MOTION CARRIED Commissioner Beckenbach asked for further explanation as to why the bids were rejected. Public Works Director Rick Carper explained the price far exceeded our budget, stating the lowest bid was $612,000. He stated they will have it reengineered at a smaller scale that will not provide quite the flooding benefits that the original design would have provided. He answered several other questions from the Commission. Mayor Borno stated they would move to Item F. Commissioner Woods stated she was responding to the comments from Mr. Hilliard and asked if the Commission had any interest in deferring this item to see if they want to consider the suggestion about not raking the beach and to see if there are real savings to be had. Mr. Carper stated he believes there is benefit for raking the beach. He stated they have modified the specs to no longer require the deep raking and will only be doing 4-6" raking of the surface which does collect some of the debris. He stated it doesn't pick up cigarette butts or broken Styrofoam cups, but any sizable debris will be picked up. He reiterated he does not have a body to dedicate to beach cleaning and would require an additional person if they were to bring this in-house for staff to do. Commissioner Woods stated she is not recommending that. Discussion ensued. Motion: Defer Item F to December 9,2013 Commission meeting. Moved by Woods, Seconded by Mark Votes: Aye: 5—Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a motion on Item B. November 12,2013 REGULAR COMMISSION MEETING Page 4 Motion: Approve Consent Agenda Item B as read. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business A. Renewal of employee benefit insurance policies(health, dental, disability, etc.) Mr. Hanson explained Harden and Associates has recommended renewing the policy with Florida Blue for a second year. He stated the cost will go up about 9.8% and in addition some of the benefits will be reduced so the cost increase can stay within the 10% increase the City has budgeted for the current year. He stated the recommendation is to approve the renewal of all the employee benefit policies for the upcoming year including medical, life and supplemental life, as well as dental, vision, short and long-term disability. Motion: Approve the renewal of all employee benefit insurance policies effective January 1, 2014 through December 31,2014 and authorize the City Manager to sign the related documents. Moved by Woods, Seconded by Mark Votes: Aye: 5—Beckenbach, Daugherty, Mark,Woods, Borno Nay: 0 - MOTION CARRIED B. Approval of Special Magistrate for Dangerous Dogs. Mr. Hanson stated staff is recommending approval of Attorney Jeb Branham for the Special Magistrate position and anticipates the cost will be less than $1,000/year at an hourly rate of$175/hour. Motion: Approve the appointment of Jeb G. Branham as Special Magistrate for the City of Atlantic Beach to hear the dangerous dog cases. Moved by Woods, Seconded by Mark Votes: Aye: 5—Beckenbach, Daugherty, Mark,Woods,Borno Nay: 0 - MOTION CARRIED November 12,2013 REGULAR COMMISSION MEETING Page 5 C. Public Hearing on UBEX-13-00100071, 57 West 9th Street. Request for use-by-exception as permitted by Section 24-111(c)(6), to allow the sale of electric vehicle, including street legal golf carts, to be located on a property within the Commercial General (CG) zoning district at 57 West 9th Street. Redevelopment and Zoning Coordinator Jeremy Hubsch explained the use-by-exception showing a slide of the site plan stating the Community Development Board voted 6-0 to recommend approval. Motion: Approve request for UBEX-13-00100071 at 57 West 9th Street as recommended by the Community Development Board. Moved by Woods, Seconded by Beckenbach Mayor Borno opened the Public Hearing. Dick Hilliard stated there used to be buses on that corner and they never caused problems. He stated he is for it. Mark Tomaski stated he believes this would be a wonderful asset to the community and would like to see this use go through and bring in this type of business activity. He stated he believes it is good for us, it is low impact and is the kind of business he likes to see. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Daugherty asked where the vehicles are to be displayed. Mr. Hubsch pointed out on the site plan where they would be displayed. Votes: Aye: 5—Beckenbach, Daugherty,Mark, Woods,Borno Nay: 0- MOTION CARRIED 9. City Manager A. City Manager's Report. Mr. Hanson stated, as he reported at the workshop, the City has received an intent to sue letter on a zoning issue and he had provided the strategic planning quarterly report. He stated he has no other reports tonight. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Mark • Thanked Mayor Borno for his service to our country while serving in the Navy and as a civil servant to Atlantic Beach. She stated it was a benefit to the citizens of Atlantic Beach to have him seated as a Commissioner and as Mayor. She wished him the best of luck. Commissioner Woods • Stated Mayor Borno has served the City very well and thanked him for his service and mentorship. November 12,2013 REGULAR COMMISSION MEETING Page 6 Commissioner Daugherty • Stated for Mayor Borno to have served Atlantic Beach as long as he has and to stick through the hard times and make this office a very dignified office, he has done a phenomenal job. He stated he looks to him as a mentor showing how this job is supposed to be done and thanked him for his service to the country and his involvement in the community. He stated we are losing a great asset tonight. He stated the connections Mayor Borno has with the Mayport Naval Station and the Navy community groups will be very hard to replace. He stated he looks forward to what God has in store for him. Commissioner Beckenbach • Thanked Mayor Borno for his service to the country, the community and the neighborhood. He stated he appreciates all he has done and he is unbelievable as far as the amount of work and service he spends for the benefit of others. City Attorney Jensen • Stated Mayor Borno is truly an officer and a gentleman and he appreciates very much his service to this City. Mayor Borno • Stated he has been blessed for 75 years to be able to help people and he believes that is his forte. He stated he enjoys it and has enjoyed being here with the City. He thanked everyone for their support over the years, especially the staff. He stated they are a tremendous group of people. God Bless everyone of you. Adjournment of Retiring Commission There being no further discussion, Mayor Borno declared the meeting of the retiring Commission adjourned at 7:22 p.m. and turned it over to the City Clerk for the next meeting. November 12,2013 REGULAR COMMISSION MEETING Page 7 Oath of Office for New Commission • James (Jimmy) Hill - Commissioner Seat 4 • Jonathan Daugherty- Commissioner Seat 5 • Carolyn Woods - Mayor-Commissioner Seat 1 City Clerk Donna Bartle administered the Oath of Office to James (Jimmy) Hill - Commissioner Seat 4, and Jonathan Daugherty - Commissioner Seat 5; Hon. Hugh Carithers administered the Oath of Office to Carolyn Woods—Mayor/Commissioner Seat 1. The signed Oaths of Office are attached and made part of this official record as Attachment A. MINUTES OF THE MEETING OF THE NEW CITY COMMISSION OF THE CITY OF ATLANTIC BEACH IN ATTENDANCE: Mayor Carolyn Woods City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Jimmy Hill Call to Order of New Commission The meeting of the new Commission was called to order by Mayor Woods at 7:29 p.m. Item 12A was taken out of sequence and acted on at this time. 12. Recognition of Outgoing Commissioners A. RESOLUTION NO. 13-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING MAYOR LOUIS "MIKE"BORNO, JR. FOR HIS DISTINGUISHED PUBLIC SERVICE. Mayor Woods read the Resolution by title. Motion: Approve Resolution No. 13-13. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0- MOTION CARRIED Mayor Woods read the Resolution in its entirety and presented it to Mayor Borno. She also presented Mrs. Borno with a bouquet of flowers. Nancy Bailey presented Mayor Borno with a signed photo album on behalf of the staff. Mayor Borno thanked her stating this will be displayed well, it has all the staff in it and he appreciates them. November 12,2013 REGULAR COMMISSION MEETING Page 8 Mayor Woods also presented Mayor Borno with a boxed gavel with the inscription, "This is presented to Louis Mike Borno Jr., Mayor of the City of Atlantic Beach,November 2009-November 2013." Mayor Borno thanked her stating he really doesn't need one of these, as his father-in-law taught him before he got married that he doesn't rule the house, all he gets to do is say yes ma'am. Mayor Woods adjourned the meeting for a ten-minute recess at 7:36 p.m. She reconvened the meeting at 7:46 p.m. 11. Courtesy of the Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. Linda Almeida, 282 Magnolia Street, address Item 13A, stating she doesn't understand the moratorium because what has happened in the past is that our codes have not been enforced and that is how this all came to be. She stated, in her opinion, allowing boats, trailers, etc. to be parked on residential lots is unacceptable because of the noise, the appearance and we already have codes that say they can be parked within a certain limit. She cautioned the Commission on changing our present codes or putting them aside because they were put in for reasons. She stated to lessen the codes we have would be a detriment to our community. She asked that they look kindly on keeping things as they are and enforcing our codes. No one else spoke so the Mayor closed the Courtesy of the Floor to Visitors. 12. Recognition of Outgoing Commissioners A. RESOLUTION NO. 13-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING MAYOR LOUIS "MIKE"BORNO, JR. FOR HIS DISTINGUISHED PUBLIC SERVICE. This item was taken out of sequence and acted on earlier in the meeting. 13. A. RESOLUTION NO. 13-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE ENFORCEMENT AGAINST STORING AND PARKING OF RECREATIONAL VEHICLES ON RESIDENTIAL LOTS, AND PROVIDING AN EFFECTIVE DATE Mayor Woods read the resolution by title. City Manager Hanson summarized the resolution stating it was prepared in follow-up to what the Commission requested at the last meeting. He explained this resolution would stop the staff from enforcing these provisions of the City Code until December 14. He stated the Community Development Board is going to meet on November 19 and they can get their recommendation to discuss at the upcoming workshop on November 25. He stated if they wanted to delay that and consider it at a later time they would probably want to change the date on the moratorium so it would be in line with when they intend to consider this for action by the Commission. November 12,2013 REGULAR COMMISSION MEETING Page 9 Commissioner Beckenbach asked if this had not been discussed at the Community Development Board already. Building and Zoning Director Mike Griffin explained there were some items discussed at the Community Development Board and they wanted it brought back so they could better understand right-of-way widths, the edge of pavement and property lines. He stated at the next meeting they will have a Power Point showing how the edge of pavement, property lines and front yards and setbacks are related to the setbacks of recreational vehicles. Mr. Griffin answered other questions from Commission Beckenbach. Commissioner Daugherty explained the history of this issue for Commissioner Hill's benefit and why he was asking for a moratorium. City Attorney Jensen clarified that the moratorium as written is to December 10, which is just past the regular meeting on December 9. Discussion ensued. Motion: Approve Resolution No. 13-16. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 3—Daugherty,Hill,Mark Nay: 2—Beckenbach,Woods MOTION CARRIED 14. City Manager Report City Manager Jim Hanson reported on the tipping fee negotiations and sanitation contract which expires on June 1, 2014. He stated he was requested to get in writing that the current sanitation hauler would agree to extend the current contract, which was attached to the amended agenda packet. He explained they agreed to extend if requested by the City for a minimum of three months and with a 90-day notice for ending it. He stated at the last meeting they discussed the request for a crosswalk on Seminole Rd. at David St. which is scheduled for discussion at the November 25 workshop. Mr. Carper presented his report on this tonight since he will not be at the November 25 meeting. He showed a slide of the crosswalks showing the geographic distance between the existing crosswalks and the requested crosswalk at David St. He answered questions from the Commission. 15. Comments from Mayor and Commissioners A. Amend noise ordinance to prohibit lawn work before 9:00 a.m. on weekends. Commissioner Mark asked to move this to the workshop on November 25 for more discussion and clarification, stating it should read to prohibit commercial lawn work, not just lawn work, and, secondly, to consider discussing prohibiting commercial construction on Sundays. It was the consensus of the Commission to move this discussion to the November 25 meeting. November 12,2013 REGULAR COMMISSION MEETING Page 10 B. Project List. Commissioner Mark stated a workshop will be held on December 9, 2013 at 5:00 p.m. to discuss this item. C. Report on Solid Waste Contract. Commissioner Daugherty asked what the status was with Council President Gulliford's resolution to include us in the Jacksonville contract. Mr. Hanson explained he is working on this. Discussion ensued. D. Design for remodeling and expansion of Police Building. Mayor Woods stated a workshop will be held on November 18, 2013 at 5:30 p.m. to discuss this item. E. Request letter of commitment to the Florida Department of Transportation (FDOT) seeking their support and funding. Mayor Woods stated she had requested the letter of commitment, which was in the agenda, and asked for consensus to send the letter to FDOT. Motion: Send letter of commitment to the Florida Department of Transportation (FDOT) seeking their support and funding. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Beckenbach, Daugherty, Hill,Mark,Woods Nay: 0 - MOTION CARRIED City Attorney Jensen • Welcomed Commissioner Hill, stating he looked forward to working with him and everyone else. Commissioner Hill • Thanked everyone for allowing him to serve, stating he will take the oath extremely serious and further his deep commitment to Atlantic Beach. Commissioner Mark • Congratulated Mayor Woods, Commissioner Hill and Commissioner Daugherty. • Requested the Human Rights ordinance be put on the workshop on November 25 for discussion. • Announced that this Saturday is MarshFest from 10:00 — 3:00 at Dutton Island and encouraged everyone to come out. Commissioner Daugherty • Grateful to have the opportunity to serve for another four years and to complete some of the tasks they have already started. • Congratulated Mayor Woods, stating he looks forward to working with her. • Stated he looks forward to serving with Commissioner Hill. November 12,2013 REGULAR COMMISSION MEETING Page 11 • Will leave on November 25 for a missionary trip to Mexico and will miss the workshop but will return on December 7. • Will be hosting the fishing clinic at MarshFest. Commissioner Beckenbach • Congratulated Mayor Woods, Commissioner Hill and Commissioner Daugherty stating he is looking forward to working with everyone. • Stated he was moved by Mike Townsend's vision for the Mayport Corridor. He stated he is looking forward to reading his vision for the corridor. Mayor Woods • Welcomed Commissioner Hill and congratulated Commissioner Daugherty on his reelection. • Thanked everyone for their support, stating she is looking forward to what they can do for Atlantic Beach. • Reported on an email from Jack Berry regarding the veterans recognition ceremony stating he wanted to thank Billy Ray for helping set up. • Also appreciated Mike Townsend's report on the Mayport Corridor Improvement Plan and hopes he will stay involved when we do our visioning process. • Stated there has been discussion about whether we want to videotape additional meetings and should they add to this budget amendment or discuss at the workshop. Commissioner Daugherty stated he would like to handle these as separate issues. It was the consensus to handle these separately but not add this discussion to the meeting of November 25. Mr. Hanson added if they are talking about adding money for additional videotaping, the Commission needs to decide specifically which meetings they want videotaped so staff can put a price on it. He stated they can videotape any meeting in this room but the equipment is not available for any other meeting location. • Asked if there is a sample for the Human Rights Ordinance. Commissioner Mark stated there is a sample template that has been used in other municipalities that have passed the Human Rights Ordinance. She stated the City Attorney is looking at a question regarding enforcement of that ordinance. Mr. Jensen stated he will let the Commission know as soon as he finds out. • Hopes to see everyone at MarshFest. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:28 p.m. Ctf 9 Carolyn Woods , ATTEST: Mayor/Presiding Officer 44,00z4a.,Drigat& Donna L. Bartle, CMC City Clerk *A Workshop was held on October 28, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. ATTACHMENT A J ''"0l1 Jf November 12, 2013 I solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Mayor. ' r Carolyn WoP:'s Mayor - Seat 1 Oath of office administered by: ( i / / i i Hu i arit -rs �' Circuit a�de g r,, ! $‘ ill:61 J J��400. November 12, 2013 I solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Commissioner-Seat 5. . .., „diiil ---P''.■/".-1.11°P.- •nathan Daugherty Commissioner— Seat 5 Oath of office administered by: 044144/ f&at_f_, Donna L. Bartle City Clerk i ,;,.5 fry 441 IA J r) o zr '"Zo ,3a>a November 12, 2013 I solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Commissioner-Seat 5. 0, y ■Ipsiet. Javris / .mm'. • -er— Seat4 Oath of office administered by: ODMV1Zet 0(6g1}, et Donna L. Bartle City Clerk