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3-24-14 Workshop MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON MARCH 24,2014 City Commission Members present: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Staff present: Nelson Van Liere, City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of March 10, 2014, was called to order at 7:01 p.m. by Mayor Woods. She stated Courtesy of the Floor to Visitors would be held at the end of the meeting. WORKSHOP-ONLY ITEMS: 1. Presentations by Search Firms for City Manager. Human Resource Director Cathy Berry introduced Mr. Colin Baenziger as the first presenter. Colin Baenziger of Colin Baenziger & Assoc. from Daytona Beach, Florida distributed some materials to the Commission and gave a presentation regarding his firm and their capabilities, stating their fee is all inclusive. He explained the process they will use in recruiting, screening and researching the backgrounds of the candidates. He recommended they meet with the candidates in a social setting, one-on-one and as a group. (Commissioner Daugherty left the meeting at 7:14 p.m.) Mr. Baenziger stated they could start at the end of the month. He explained their guarantees should the candidate leave. (Commissioner Daugherty returned at 7:21 p.m.) Mr. Baenziger answered questions from the Commission. Ms. Berry stated the next firm to present would be SGR. Lori Philyaw, Strategic Government Resources from Keller, Texas summarized what makes her firm different from other search firms. She explained their national reach, local government training, background and media searches, and video interviews done prior to a decision being made on the finals. She answered questions from the Commission. Ms. Berry stated the next firm to present would be Springsted. John Anzivino, Springsted, Inc. from Richmond, Virginia gave a presentation on his firm explaining their services, background and his personal/professional background. He explained the team who would also work on the search. He explained their screening process, the search for the candidates, the interview process, the candidate profile, and their assistance in salary negotiations. He also stated they Minutes—City Commission Workshop March 24,2014 Page 2 will provide a search for the City if the candidate leaves within two years at no charge, other than out of pocket expenses. Mr. Anzivino answered questions from the Commission. 2. Presentations by candidates for City Attorney. Ms. Berry introduced Chris White with GrayRobinson. Chris White from GrayRobinson, P.A. summarized his written presentation, explaining his background and experience and the background and resources of GrayRobinson. He clarified his proposal stating they do not charge for photocopying or travel costs, and explained what the $6,000 monthly retainer includes. Mr. White answered questions from the Commission. Ms. Berry introduced Interim City Attorney Komando. Rich Komando from Kopelousos, Bradley & Garrison, P.A. introduced his partners Sam Garrison and John Kopelousos in the audience. He explained the legal expertise his firm can provide. He summarized his duties performed while working as the City's Interim Attorney. He stated his firm provides value. He explained their fee structure stating they have not billed for travel. Mr. Komando answered questions from the Commission. Mayor Woods recessed the meeting at 9:02 p.m. She reconvened the meeting at 9:07 p.m. *DISCUSSION OF AGENDA ITEMS ON APRIL 14,2014 COMMISSION MEETING: 1. A. Approve the minutes of the Regular Commission Meeting of March 10, 2014. B. Approve the minutes of the Special Called Meeting of February 24, 2014. C. Approve the minutes of the Commission Workshop of February 24, 2014. There was no discussion on this item. 2. Courtesy of Floor to Visitors This item was taken out of sequence and acted on later in the meeting. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. There was no discussion on this item. 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. Minutes—City Commission Workshop March 24,2014 Page 3 A. Acknowledge receipt of the Building Department Monthly Activity Report, Code Enforcement Monthly Activity Report, and Financial Report for February 2014. B. Award the contract for Concrete Repairs, Bid No.1314-08, for the Public Works/Utilities Department to Taylor Concrete Services &C.A.P. Contracting Inc., for one year. C. Award the contract for the Dutton Island Road Sidewalk and Drainage Project: CDBG 2014 (PW1301) Bid No. 1314-07 to Core Construction and authorize the City Manager to execute the contract documents on the City's behalf. D. Authorize Insituform Technologies, LLC to install cured-in-place pipe (CIPP) for the FY 14 Sewer Rehabilitation Project in the amount of$145,200, using specifications and pricing in JEA Contract No. 116616. Authorize the City Manager to sign the contract with Insituform Technologies, LLC. E. Award a contract for Bid No. 1314-06 for the Repair and Fiberglass Lining of Manholes on Saturiba Drive in the amount of$54,450.00 to J & H Waterstop Utilities, Inc. and authorize the City Manager to sign the contract. F. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. G. Award a contract for Bid No. 1314-05 for the Interior Repair and Painting of Ground Storage Tank at Water Plant #2 in the amount of$75,504.00 to E & D Contracting Services, Inc. and authorize the City Manager to sign the contract. H. Approve the Amendment to the Verizon Wireless Site Lease and authorize the City Manager to sign the lease documents. Commissioner Daugherty pulled Item 4C. He stated there seemed to be a difference in the amount of some of the line items and asked why. Public Works Director Rick Carper explained some firms put their overhead costs in different line items and explained other factors that cause the differences. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 90-14-222,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO REPEAL CONDITIONS OF LOTS EXTENDING BETWEEN BEACH AVENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. There was no discussion on this item. 8. Miscellaneous Business A. Engineering Design of Stormwater Improvements for Saltair Subdivision and Sturdivant Road Sidewalk(PW1406) Minutes—City Commission Workshop March 24, 2014 Page 4 Mr. Carper stated he will have the numbers from the consultant mid-to-late next week so they will have them at least a week in advance of the actual meeting for review and approval. Commissioner Daugherty asked to go back to discuss Item 4H from the Consent Agenda. He asked if this is a 15-year contract. Public Utilities Director Donna Kaluzniak stated this is standard for these types of contracts. She stated when they first entered into this contract it was a 20 or 25-year contract and believes they have 6 or 7 years left and they wanted to extend it for three more 5-year periods. She stated when they originally gave us the contract they just had that extension and the City decided they should ask for more money. She stated the contract with Sprint at the other tower was higher and they are trying to get similar to what they are getting with them. She stated it is a smaller tower with less antennas with Verizon but they did get it up to fairly close to what they get from Sprint. Commissioner Daugherty asked if it is in our advantage to have such a long contract or would it be better to have a 5- year contract with 5-year renewals. Ms. Kaluzniak stated she does not believe they will do a 5-year contract. She stated all the cell providers are looking for long-term contracts. She stated it doesn't cost the City anything; they pay for any improvements on the tanks, any maintenance, etc. Discussion ensued. Commissioner Beckenbach left the meeting at 9:17 p.m.; he returned at 9:19 p.m. B. City Attorney Selection. Discussion regarding the two applicants ensued. Cathy Berry answered questions from the Commission. C. City Manager Search Firm Selection. Discussion regarding the three applicants ensued. Cathy Berry answered questions from the Commission. D. Evaluation of Police Building Expansion and Remodeling Feasibility Study (RFP No. 14-04). Mr. Van Liere explained the recommendation on the staff report in the agenda packet will be changed and the new recommendation will include "to authorize the City Manager to sign an agreement with the selected vendor to perform these services up to $30,000." He stated he wanted to be able to go to contract after they voted rather than have to come back to another meeting to get authorization to approve whatever it is they negotiated. Discussion ensued. Mr. Van Liere pointed out that, related to the budget for this, last year they put $60,000 in the budget and that money did not get encumbered or rolled into this year, so currently in the CIP budget there is no money to do this; however, they were going to charge it to the Police Department and then in one of the major budget modifications they will come back and appropriate some of the CIP funds to pay for it. He stated they have the money in the bank; they just don't have the authority to spend it until he does a budget ordinance. 9. City Manager A. City Manager's Report. Mr. Van Liere stated, at the next meeting, he wants to propose going back to a version of the old meeting schedule. He stated he has a lot of ideas about how the process could be different but still have Minutes—City Commission Workshop March 24,2014 Page 5 two meetings a month. He stated he will put that on the next agenda. He stated from staff's standpoint this one meeting a month is very hard to work with and he will put the reasons in his report and why he believes his proposal will work better. Mayor Woods stated when they rearranged this schedule they discussed the fact that they would work with it for a while and then do a review to see if they wanted to keep going or change it back and this is the 8-10 month review. He also discussed the issues with scheduling meetings with the Commission and stated he wants to put future proposed meetings on the monthly calendar which will then be put on the Consent Agenda for Commission input. Discussion ensued. Related to the Building and Zoning Department, he stated he is going to try to make more of the emphasis on planning and zoning and let the primary person in charge of that department be a planner versus a building official. He stated he believes they will have better luck filling the building official duties at that level rather than a department head level that would also have planning and zoning, which is not necessarily typical. He stated he believes the planning and zoning person would become the department head and oversee the building department on paper but will not be a certified building official but neither is a building official a certified planner. He stated he just wants to flip it around. He stated he believes it is more common to have the planning and zoning be over the building department. He answered questions from the Commission. He also reported the newly hired Zoning Technician, Shalene Estes, quit today. He reported staff has had discussions with Advanced Disposal regarding expectations for the contract extension. 10. Reports and/or requests from City Commissioners and City Attorney A. Charter Review Committee. Mayor Woods reported on the proposed Charter Review Committee. She stated to change the Charter will require a Referendum. Discussion ensued related to the timing, the selection and size of the Committee, etc. City Clerk Bartle stated applications for the Committee will need to be submitted by April 4 in order for them to be on the next agenda. It was the consensus of the Commission to limit the Committee to 7 members with the Commissioners selecting one each from the applicants, the Mayor selecting two and the last member being selected by all Commissioners/Mayor as a group. Ms. Bartle will rewrite the report for Mayor Woods for her approval. B. Recruitment of Grant Writing Services. Mayor Woods summarized her report to have staff prepare an RFP for grant writing services. Commissioner Beckenbach stated he wants to do this after their pre-budget discussions. Commissioner Mark expressed concerns about the time involved for the RFP and staff time involved. Ms. Berry answered questions about the RFP and staff time. Discussion ensued. C. Theatre in the Park. Mayor Woods summarized her report stating a presentation will be given at the next meeting. D. Appointments to the Board Member Review Committee. Minutes—City Commission Workshop March 24, 2014 Page 6 Commissioner Daugherty stated both current members have exceeded any expectations he had. Item 2 was taken out of sequence and acted on at this time. 2. Courtesy of Floor to Visitors Commissioner Hill asked the City Manager to contact the JTA and have them address the two busses that are parked in front of the old Laundromat. Mayor Woods stated they have met with the City and they are changing the routes and that will not be there in a few months. Mayor Woods opened the Courtesy of the Floor to Visitors. She,welcomed the audience and explained the process for public comments. Judy Beaubouef, 1209 Beach Avenue, addressed the Commission regarding issues of conflict of interest. She asked how could the Commission not address the conflict of interest related to Commissioner Beckenbach and his lawsuit against the Estates of Atlantic Beach over which the City paid$140,000 in 2009 for an easement. She stated, in spite of what your attorney tells you,the City is at risk. She stated if Commissioner Beckenbach wins the suit then he is the title owner and the Estates of Atlantic Beach is not the title owner. She stated our easement that we paid money for is in jeopardy and he can bring a claim against us because he can say the City did not negotiate with the proper title owner. She stated even Mayor Woods in her email exchanges has said this is a predicament for the City of Atlantic Beach. Ms. Beaubouef stated she does not understand why the Commission cannot confront one of their own when there is an ethics complaint, which she is sure they have all read about. She asked why do they examine other people under a microscope but will not examine one of their own. She stated good and bad lawyering is very important to her and she believes you can have a great lawyer that will make all of them look better and make things run better, but if they get poor legal advice it is not good. She stated Mr. Komando was quoted as saying that he did not put the insurance carrier on notice of the suit. She stated that is just basic lawyering; you put your insurance carrier on notice when you have even a potential issue and why Mr. Komando said he did not do that is puzzling to her. Ms. Beaubouef stated she believes they need to look closely at their own just as they look super closely at everybody else's conflicts. She stated they have one of their own; they have an ethics complaint and she hasn't heard them talk about it at all, nor has she ever heard Commissioner Beckenbach raise the issue himself. She stated he owed full disclosure to this Commission before he filed the suit and certainly before he voted to ax his adversaries in the litigation. Mark Tomaski, 448 Snapping Turtle Court W., stated he hopes the workshops don't stop because he believes they are very positive and bind them together better and they get more done. He stated he believes that is why they have so many things going on; because he believes they are able to communicate better. He thanked them for the videos, stating they helped him when he had to be somewhere else at the time. He also thanked the gentlemen (Mr. Van Liere and Mr. Komando) for stepping up and believes they have done a great job. He stated anyone who steps up to be on the Charter Review Committee is really putting in a commitment. It is a true commitment and also a privilege to be that close to democracy and how we govern ourselves. He stated he hopes we get some great people in there who are willing to work straight through because once they start they really need to finish that job. Regarding the lawsuit, he stated he started the lawsuit to protect his property and he has no conflicts. He Minutes—City Commission Workshop March 24,2014 Page 7 stated it is a suit against the builder in another town on property that is in another town. He stated that is all he has to say about the suit. He stated it is a private suit, so he can't speak too much about it. Kirk Hanson, 2393 Ocean Breeze, referenced the article in the Beaches Leader regarding the ethics complaint against Commissioner Beckenbach. He stated in the article, Commissioner Beckenbach stated that he wanted to dismiss the City Attorney a year ago; actually he tried to do so two years ago, as soon as he was seated as a Commissioner and right after he resigned from the LLC that was funding a lawsuit against the City of Atlantic Beach and the Estates of Atlantic Beach. He stated it appears as if he was trying to avoid an obvious conflict of interest in resigning from the LLC, even though he never disclosed it was fronting a lawsuit against the City. He stated now two years later Commissioner Beckenbach successfully led an effort to fire the City Attorney and City Manager and then the next day served a lawsuit against the Estates of Atlantic Beach involving property that the City of Atlantic Beach has an easement on. He stated Commissioner Beckenbach says the timing is a coincidence. Mr. Hanson stated, I don't think so. He stated the Beaches Leader reports that Commissioner Beckenbach stated in an interview that "the City has an attorney now who is not worried about the suit as it is a private property matter." He stated the obvious implication is that the City previously had an attorney who was worried about the lawsuit; but Commissioner Beckenbach took care of that—just fire the City Attorney, no problem. Mr. Hanson stated, being a member of the Community Development Board, he went through some training on ethics. He stated the training manual he read jut last year regarding conflicts of interest in the public sector says in part that, if there is "a situation that could create the impression of a conflict of interest, the safest route is to disclose the nature of your concerns." He stated it goes on to say, "make this disclosure before beginning any discussions of the item." He stated Commissioner Beckenbach has successfully created an impression of a conflict of interest and needs to clear the air and disclose his past and present legal dealings that have or could potentially involve the City of Atlantic Beach. Mitch Reeves, 1663 Sea Oats Drive, stated he supports the charter review. He stated he heard the comment tonight that some of those people who were on the Police Committee already made up their minds when they went there, but that is absolutely not the truth. He stated people changed back and forth and spent almost 17 weeks of their time. He stated if they go back to the same type meeting they are having here tonight, they debated over and over how many people should serve on this committee. He stated they did this same deal before. He stated they said 11 people would serve on it and each member would be able to appoint each different person and the Mayor would be able to appoint two or three. He stated the night they voted they reneged on what they all sat down and agreed to do. He stated he supports this but asked that they follow what they say they are going to do. He also stated they are very lucky to get somebody like Cathy Berry in Human Resources. He believes she is very talented, has done an excellent job and believes they are doing right by finding a firm to get the City Manager. He stated if they are going to spend the money for the firm, trust that the firm will bring them qualified people and make a choice. He also stated if he was on the Commission he would want an attorney who would challenge him and correct him if he was wrong, not someone who will just sit there and agree and not say too much. He stated that is what they should look for. Mike Whalen, 1420 Mayport Rd., addressed the guidelines for committees on conflict of interest, stating all he heard tonight was that all they have to say is they have no financial interest. He stated he believes the Mayport Corridor's name should be changed to either Habitat Corridor or Habitat Highway. Minutes—City Commission Workshop March 24,2014 Page 8 Commissioner Mark stated she received a mailer from Florida Family Action from Orlando. She stated they are misstating that the City of Jacksonville's Human Rights Commission was defeated 17-2, but it was actually defeated 10-9. She stated she wanted it on the record that they are disseminating incorrect information. City Attorney Rich Komando asked the Commission for any input on the HRO. Commissioner Daugherty stated he was concerned about how the ethics complaint even became public. He stated he was concerned about the fact that it made the paper because it isn't supposed to. He stated the paperwork they received states all parties are not supposed to talk about it. He stated until the Ethics Commission makes a decision he is reserving judgment. Stated Gail Baker was an integral part of the Donner Community Center and wondered if we were sending flowers or anything. Mayor Woods stated they will have a proclamation at the meeting and are inviting the family and past Mayors, etc. Mayor Woods stated there have been an awful lot of accusations flying around tonight and she wanted to remind anyone, in case they have forgotten, that at the time she was vehemently opposed to having that pipeline on that property because it was a well advertised fact that there was not clear title to that property. She stated she tends to find fault with the attorney that wrote the contract and promoted putting our pipe and having a lease on that property, knowing that there was not clear title. She stated she believes if they are going to find fault they should start there and she is going to leave it at that. She stated they are all going to miss Gail Baker; she was such a pillar of the community, such a kind heart, a shoulder for everyone and she doesn't know if they will ever be able to find anyone to even come close to serving the community like that. She asked that they please keep her and her family in their thoughts, as well as Paul. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 11:32 p.m. Carolyn Woods Mayor 4vvd(e-4-&e- Donna L. Bartle, CMC City Clerk *Formal action(if needed)will be taken at the Commission Meeting of April 14,2014.