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9-22-14 MINUTES REGULAR CITY COMMISSION MEETING September 22, 2014 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Commissioner Jonathan Daugherty City Attorney Richard Komando Commissioner Jimmy Hill City Clerk Donna L. Bartle Commissioner Maria Mark Recording Secretary Nancy E. Bailey ABSENT: Mayor Pro Tem Mark Beckenbach Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. Public Hearings on Final Millage and Operating Budget A. Public Hearing on adopting Resolution No. 14-08 for the Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Woods explained the first item to be considered is the Adoption of the Millage Rate by Resolution 14- 08, stating the Tentative Millage Rate is 3.3285,the Roll—Back Rate is 3.1715. The Tentative Millage Rate is 4.95% higher than the Roll-Back Rate. The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at the estimated cost and to continue to maintain the City's infrastructure. Motion: Approve Resolution No. 14-08, adopting a final Millage Rate for operating purposes of 3.3285. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. Bill Mayhew, 1870 N. Sherry Dr., addressed the pension stating he believes the plans are overly generous. No one else from the audience spoke so Mayor Woods closed the Public Hearing. Votes: Aye: 3—Hill,Mark,Woods Nay: 1 -Daugherty MOTION CARRIED B. Public Hearing and Final Reading on adopting Ordinance No. 20-14-128 establishing the Operating Budget for fiscal year 2014/2015. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015. September 22,2014 REGULAR COMMISSION MEETING Page 2 Mayor Woods read Ordinance No. 20-14-128 by title. She stated the second item to be considered is Ordinance No. 20-14-128 establishing the Operating Budget for fiscal year 2014/2015 of$30,752,338. She stated she needs a motion to adopt Ordinance No. 20-14-128 establishing the Operating Budget for fiscal year 2014/2015. Motion: Adopt Ordinance No. 20-14-128 establishing the Operating Budget for fiscal year 2014/2015. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. No one from the audience spoke, so Mayor Woods closed the Public Hearing. Commissioner Daugherty stated, in response to Mr. Mayhew's comments, there is a national trend now with pension liabilities for corporations to buy out the pension benefits from people who receive them and he would like the Commission to take a look at this next year as to the benefit of doing that. Commissioner Hill stated he believes the actuaries should be looking at all of our options and if not, maybe it should be something that we should at least see the numbers on or get a briefing from them as to why there might be an issue with it. Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 1. A. Approve the minutes of the Commission Meeting of September 8, 2014. B. Approve the minutes of the Commission Workshop of August 25, 2014. C. Approve the minutes of the Budget Workshop of August 20, 2014. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Teresa Flores, 233 Belvedere St., thanked Commissioners Hill and Daugherty for voting no on the HRO. She stated there is a maximum of $1,000 for any fees on any ordinance passed by the Commission and asked if this will be the maximum allotted in any case brought before the special magistrate. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda September 22,2014 REGULAR COMMISSION MEETING Page 3 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 Monthly Building Department and Financial Report for August 2014. B. Extend the annual contracts for Environmental Laboratory Services (RFP No. 10-08) for one additional year to Columbia Analytical Services (now ALS Environmental), Environmental Conservation Laboratories, and Advanced Environmental Laboratories, Inc. at the current contract prices. C. Authorize the City Manager to sign the attached contract with Atlantic Beach Athletic Association (ABAA) for use of Russell Park and Donner Park. Mayor Woods read the Consent Agenda. Commissioner Hill pulled Item C. Motion: Approve Consent Agenda Items A and B as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED Commissioner Hill expressed concern about the drainage and asked if they had worked out the schedule to get the work done in the park. He stated the park is useless for about 10 days after even a minor rain event and they need to fix it. He asked if ABAA knows that is coming. City Manager Van Liere stated they are getting a topographical survey done and from there they will develop a plan to address the drainage program and work it out with the league. Commissioner Hill asked if the contract would not need to address the fact that they are going to have to get in there. He stated since they are re-signing a contract, why don't they give the City some leeway specifically for the purpose of that issue. Recreation and Special Events Director Timmy Johnson stated ABAA is onboard with improving the park. Mayor Woods asked if they need to add some language to the contract. Mr. Komando stated he is looking at the contract now because he hadn't looked at it for that issue. Mayor Woods stated she believes there should be some general language in any of our contracts for use of our facilities, regarding if we need to make repairs or do maintenance. Commissioner Hill suggested they approve it to have that contingency in it and let the City Attorney decide if the language is necessary. Mr. Van Liere stated once they get the survey, they will get an idea of how much work they need to do and there may be a lot they can do that doesn't interfere with ABAA. Mr. Komando stated they should put the new language in Section 5, under the delivery of the facility, indicating the renter agrees and understands that the City may be making improvements to the property. He stated they can add it in as long as the Commission will approve similar type language. Motion: Approve Consent Agenda Item C but have the City Manager and City Attorney look at the contract and insert language giving the City the right to make any and all improvements/repairs needed. Moved by Hill, Seconded by Mark September 22,2014 REGULAR COMMISSION MEETING Pane 4 Commissioner Daugherty asked about the scholarships and whether we have a report on what scholarships have been provided and is there a reason we don't have a minimum. Mr. Johnson explained he has requested the information on how many scholarships they have provided but has not received it yet. Discussion ensued. Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business A. Dutton Island Pedestrian Path—Briefing on Design Alternatives. Mr. Van Liere explained they have design engineers working on the path alternatives at Dutton Island and they have a couple of options. He stated they aren't here to spend money tonight, just to give the designer direction on which of the two options they prefer. Public Works Director Doug Layton gave a slide presentation of the path route options. He summarized his staff report stating his recommendation is that they continue with the design using Option 3 as presented. He stated the design is already funded, which is what they are doing now, and explained the construction cost will not come out of this year's budget but will be requested in the 2015-2016 budget. He answered questions from the Commission. Mr. Layton introduced the consultant, Randy Downing with Hanson Professional Services, who was in the audience. Mr. Downing also answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to direct staff to have the consultant go with the Option 3 with the separated path from the road. Further discussion ensued regarding maintenance, native grasses, drainage, mitigation, etc. Responding to a suggestion from Commissioner Hill to move the road over, Mr. Downing explained the road is a traffic bearing, vehicular-use entity which if moved might trip regulations requiring that they have to do some stormwater treatment, whereas with pedestrian paths you don't have to worry about that because of the foot traffic, etc. Mr. Layton distributed a notice to the Commission about the Seminole Rd. Stormwater and Streetscape Improvements Project presentation to citizens to be held on Tuesday, September 30, from 5:00-7:30 p.m. in the Chamber. September 22,2014 REGULAR COMMISSION MEETING Page 5 9. City Manager A. City Manager's Report. • 90-Day Calendar(September- December 2014) Mr. Van Liere stated they should add the item Mr. Layton just spoke about. He also reminded the Commission of the Board/Committee Member Appreciation Reception on October 2 at 6:30 at Adele Grage and the Workshop on September 29 for the search firm presentation for City Manager applications. HR Director Cathy Berry explained the timeline for the City Manager search and options for the interviews. She asked for some direction for the group interviews so Mr. Anzivino can schedule the top five candidates for interviews. Discussion ensued. Ms. Berry asked if they want to have a separate five-hour meeting, stating, if so, then she will work with Donna to schedule. The Commission agreed to have a separate meeting for the interviews. Mr. Van Liere stated they have also invited Steve Lindorff, Jacksonville Beach, and Carol Westmoreland, FLC, to give a CRA class on October 27 from 4:00-6:00 p.m. before the Commission meeting. He stated they have the results back from the Police Bldg RFPs and asked, since it has been before them numerous times, do they want to put it on the next agenda under discussion only or as an action item so they can award the contract. Consensus was to put it on the next meeting as an action item under unfinished business. He asked the City Clerk to discuss the meeting time for the next Town Hall Meeting. City Clerk Bartle asked if they want to keep the original date, stating Commissioner Beckenbach stated he would not be able to make that meeting. She stated the other dates she proposed had two Commissioners who could not make them and asked if they want to go back to the original date of October 18. It was the consensus to keep the original date of October 18. Commissioner Mark suggested that, going forward, they agree to have the Town Hall meetings every third Saturday, quarterly, so they will have a standing quarterly date. Ms. Bartle stated they will need to check the facilities to see if something is already scheduled. Commissioner Mark stated they could always use the Chamber as a default if there is a conflict with another location. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Mark • Reported on the FLC Growth Management and Economic Affairs meeting she attended. She stated the issues they discussed were public/private partnerships, development of regional impacts, enterprise zones, film and TV tax incentives, and the Bert Harris Act/FEMA flood plan. Commissioners Daugherty and Hill thanked her for attending this meeting. Commissioner Hill • Stated, in light of information provided after their action at the last meeting regarding the tennis court issue, the term the soft surface lasts was not the duration they looked at and the cost benefit diminished after finding out the actual life term of it. Mr. Van Liere stated one of the citizens made the comment that the lifespan was 7 years and he had Mr. Layton look into that. He stated the comment that was made in the meeting was 15 years and what they found out from talking to the vendor was that the rubberized surface that is laid down as the base of the court lasts through two overlays. He stated the court itself will last 15 years but you will redo the very top layer after five or six years, which is relatively inexpensive at $5,000-6,000. He stated when the report was given, although it turns out that it was accurate, the answer was a little misleading. He stated with the extra September 22,2014 REGULAR COMMISSION MEETING Page 6 cost to do this surface he believes we will get the 15 years out of the foundation of the court. Commissioner Hill stated they should also do something with the pine needles because that is one of the things that will be most detrimental to that surface. Mr. Van Liere stated they do blow those courts off almost daily. • Asked City Attorney to give an answer later about the economic limitations on the ordinance for the HRO that were brought up by the citizen and if that is a legitimate concern. • Asked if they will see a final for the sign on Seminole Rd., or did they give staff permission to negotiate. Mr. Van Liere stated it was his understanding that they were going to go forward and build the sign with the names of the neighborhood on it. Commissioner Hill stated if the option is there he would like to see it one more time. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 7:52 p.m. Carolyn Woods I ATTEST: Mayor/Presiding Officer 0001241 4,fddhlit Donna L. Bartle, CMC City Clerk