Agenda Item 1MINUTES
REGULAR CITY COMMISSION MEETING
July 25, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tern John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Fletcher gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of July 11, 2011.
Motion: Approve the minutes of the Regular Commission Meeting of July 11,
2011, as written.
Moved by Parsons, Seconded by Fletcher.
Commissioner Woods, stated in the minutes related to her conversation with the City
Attorney concerning the hiring of John Dickinson to help with legal issues, Mr. Jensen
said when we need the services of an outside attorney, under the Charter and Code he
can recommend who that would be and get them on board. She stated she could not
find that in the Charter and Code and asked that Mr. Jensen clarify for the record where
that can be found. Commissioner Fletcher asked if she was making an amendment to
the minutes or is this an item for discussion during Commissioner comments.
Commissioner Woods stated she was hoping it could be clarified in the minutes since it
was an issue about Sunshine Law. Commissioner Fletcher stated Sunshine Law
governs communication between members of the same elected body; it has nothing to
do with the appointed City Attorney. He suggested that this is not a question of
whether the minutes are correct in form and fashion but if she wants to discuss this it
can be brought up at the end of the meeting. Mayor Borno agreed.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Debbie Ramsey, 803 6 th Avenue N., Jacksonville Beach, addressed the Commission
regarding the health insurance, stating she has been an employee since September 2000
and this is the third year where we have no pay increases projected. She stated our
current health care costs are very high and the employees cannot afford either increases
to premiums and /or increases to out -of- pockets or deductibles. She related a personal
experience with our health insurance which has already cost her over $4,000 out of
July 25.2011 REGULAR COMMISSION MEETING _ _ Page 2
pocket, with more costs to come. She stated it is very difficult for her to afford these
premiums and costs and she makes more than a lot of the people employed with the
City. She asked the Commission to keep the insurance as it is and have the City pick
up 100% of the increase.
Kenneth Wise, 66 W. 7 th Street, addressed the Commission regarding adding a 12 x
12 addition to the back of his house which was rejected by the City. He stated his
family has outgrown the house. He had plans drawn up and a survey done but then his
builder received an email from the City stating Section 24 -88(c) prohibits any new
construction on a home /town house dwelling. He stated his house is joined in the back
by a storage shed. He stated he believes this is very unfair and showed pictures of a
house two doors down from him that has a permanent structure built on to their home.
He stated he has been here since 1986 but, due to their circumstances, they will have to
move unless they can have this addition put on their home. He requested the
Commission look into this and get back with him. Mayor Borno stated they will have
staff get back to him.
Maria Mark, 1148 Linkside Drive, addressed Item 813, approval for the funds to
improve the baseball fields at Donner Park, stating she wanted to show her support for
that expenditure and believes that would be a great improvement for that park. She
stated the City has already done a great job in bringing in some of the other amenities
for the residents to enjoy over there and it would allow our Atlantic Beach Athletic
Association to actually utilize that park and could give us a second venue because we
are pretty well built out at Russell Park. She stated it would allow us to have more
tournaments and expose Atlantic Beach and the quality of our baseball players. She
stated she hoped the Commission would approve that expenditure. Secondly, she
congratulated the Mayor and two Commissioners up for re- election and hoped they
were having as much fun as she was in this campaign.
Brittany Norris, 1304 Main St., and Jade Carlin, 1700 Selva Marina Drive,
representing the Dutton Island Gardeners partnered with Beaches Habitat, thanked the
Commission for allowing them to use the property for their endeavor to build a
community garden and updated them on the garden. They stated they also want to
provide educational opportunities to the families living over there and teach them how
to grow their own food.
Ofer Kooba, 675 Atlantic Blvd., expressed his concern regarding the sign ordinance,
which doesn't allow any signs to be on a post in the business corridor, and asked for
help from the Commission. He asked how can it be right for the City to tell people
who have an existing permitted lawful sign that their sign is unlawful. He stated he
does not know how such an ordinance can be enforced. He asked that those signs that
were previously permitted be grandfathered in. He also discussed the safety issue a
lower sign will create because of blind spots for pedestrians and drivers. He stated the
Commission is always telling them how they want to help the businesses in town, so he
is trying to seek their help, because, with the economic downturn, he cannot afford the
estimate of $10,000415,000 for the sign to be removed and re- erected with a
monument style. Mayor Borno stated they would get back to him.
July 25 2011 REGULAR COMMISSION MEETING Page 3
Patty Drake, 2130 Rosewood Drive, Neptune Beach, addressed Item 8C, health
insurance, stating she has been an employee since October 2005 and each year our
health insurance has gotten more expensive, as far as premiums and deductibles, and
our co -pays have gotten much higher. She stated keeping things the way they are is
not the best situation but it is better than going into something that is going to be more
costly for us. She stated she keeps hearing about budget cuts, yet we recently approved
the Tideviews boardwalk extension for $72,000 over the budget. She asked how was
that possible when the employees, each year, have to stand in front of you and fight for
something for ourselves. She stated one of the Commissioners, Jonathan Daugherty, in
the July 12 meeting at Adele Grage mentioned that he was elected for the citizens and
not for the employees but there are several citizens who actually work for the City, so
maybe that is a conflict. She stated you have to look at the employees and you have to
look at citizens because the employees are working for the citizens as well.
Jeri Benjamin, 800 Seminole Road, addressed the employee health insurance stating
she has been working with the City for 17 years and last year, to keep the premiums
down, the City really reduced the benefits for the employees making it almost hard to
go to the doctor anymore. She stated a statement was made at the workshop that not a
lot of people have complained to Mr. Polovina, which is totally untrue. She stated
employees constantly have to figure out whether they can afford to go to the doctor to
get a test and spend an inordinate amount of time evaluating what is available. She
stated they are second guessing their doctors all the time. She stated, although they
have a Health Maintenance — HMO, they can't maintain their health if they can't afford
to go. She further stated government is a service industry and you really have to
balance the citizens with the employees because we are the ones providing the services
to your citizens and if we aren't taken care of it is kind of hard for us to provide a good
product to your citizens. She stated healthcare is really important to our employees
and she just hopes it can be affordable.
Eric Ordonez, 800 Zeagler Drive, Palatka, addressed the Commission regarding the
use -by- exception for Flagler Diagnostic and Sleeping Disorder Center for the purpose
of relocating their lab to Mayport. He stated they are relocating because they were
contacted by several members of the base regarding a backlog of sleep studies for
military personnel. He stated NAS is unable to handle the backlog. He explained the
sleep studies are important for the military in the treatment of post traumatic stress
disorders, night terrors and seizures specific to exposure to wartime or hostile
environments.
No one from the audience spoke so Mayor Borno closed the Courtesy of the Floor to
Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow -up Report.
Meeting None.
Consent Agenda 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
July 25, 2011 REGULAR COMMISSION MEETING Page 4
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 Financial Report for June 2011, the
Recreation Programs and Special Events Report for July 2011 and the Public
Works and Utility Departments Project Status Report on July 15, 2011.
B. Award the annual contract for HTH for Water and Wastewater Treatment
Plants (Bid No. 1011 -17) to Allied Universal in the amount of $134 per 100
pound container.
C. Award the annual contract for Sulfur Dioxide for Wastewater Treatment Plants
(Bid No. 1011 -18) to Allied Universal at the bid price of $695 per ton.
D. Extend the annual contract for Electrical Motor and Pump Repairs (Bid No.
0910 -11) for one additional year to Specialty Marine, Inc. at the current
contract prices.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Items A, B, C, and D as read.
Moved by Parsons, Seconded by Woods.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 95 -11 -103, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 13, OFFENSES, BY ADDING A NEW SECTION 13 -14,
PROHIBITING SELF - SERVICE DISPLAY AND PLACEMENT OF TOBACCO
PRODUCTS; PROVIDING FOR A TITLE; PROVIDING FOR INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING
FOR PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND
CODIFICATION.
Mayor Borno read Ordinance No. 95 -11 -103 by title.
July 25, 2011 REGULAR COMMISSION MEETING Page 5
Motion: Approve Ordinance No. 95 -11 -103 as read.
Moved by Woods, Seconded by Daugherty.
Mayor Borno opened the Public Hearing. No one in the audience spoke so he closed
the Public Hearing.
Commissioner Woods stated she believes this is a good ordinance and appreciates
Commissioner Daugherty taking the initiative in bringing this forward.
Mayor Borno stated he has noticed since the first reading all of those products have
disappeared and gone back behind the counter in a lot of the convenience stores.
Commissioner Fletcher asked if this will affect the tobacco shop that is in the space
next to where the Publix used to be. Mayor Borno stated that was not the intent of this
ordinance.
Commissioner Parsons thanked Mr. Harrington for his persistence on this.
Commissioner Daugherty stated he was glad we were able to do this.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. (Public Hearing) UBE- 2011 -02, request from Oleg Cheberko and Eric
Ordonez, d/b /a Flagler Diagnostic & Sleeping Disorder Center for a
use -by- exception to permit a healthcare service provider of diagnostic
testing services consistent with Section 24- 109(d)(3) and the definition
of a hospital, to be located within the Commercial Professional Office
(CPO) zoning district at 645 Mayport Road, Suite 2.
Erika Hall summarized the use -by- exception, stating the reason it was needed was
because it requires overnight testing, which falls under a hospital. She explained they
are currently located in Palatka and are relocating because there is a federal
moratorium because of a Medicare audit, whereby they are allowed to move but cannot
start a new business.
Motion: AAnrove UBE- 2011 -03, a request for use -by- exception by Oleg Cheberko
and Eric Ordonez, d/b /a Flagler Diagnostic & Sleeping Disorder Center, to permit
a healthcare service provider that conducts diagnostic testing services consistent
with Section 24- 109(d)(3) and the definition of a hospital, limited to ten (10) beds,
to be located within the Commercial Professional Office zoning d istrict at 645
Mayport Road, Suite 2.
Moved by Woods, Seconded by Parsons.
July 25, 2011 REGULAR COMMISSION MEETING Page 6
Mayor Borno opened the Public Hearing. No one from the audience spoke so he
closed the public hearing.
Commissioner Fletcher asked if there is a medical director /doctor. Mr. Ordonez stated
yes they have a board certified doctor.
Commissioner Parsons stated anytime we can bring new business into Atlantic Beach it
is a great thing, especially in the medical field. He stated since the Community
Development Board had no problem with it he doesn't see why the Commission should
either.
Commissioner Woods asked what the reason was for the 10 -bed limit. Ms. Hall stated
she believes because it is in commercial/professional office zone they wanted to make
sure it didn't grow beyond the existing intensity. She stated that strip is the one which
fronts what used to be residential that was changed in the 1980s to a commercial zone,
so there is a lot of residential behind it. Commissioner Woods asked if the space they
are using for the 10 beds is the entire building. Ms. Hall stated no. She further
explained they don't foresee getting to 10 beds for awhile but if they needed more they
could come back and amend. Discussion ensued.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B. Approval of bid for Baseball Field Reconstruction and Grass Infield
Installation.
Tim Gilboy summarized the staff report, showing a slide of the area to be
reconstructed. He stated this is an ongoing effort to try to enhance activities as well as
esthetics and usage in Donner Park. He stated as part of that they have gotten together
with ABAA who, if they can get this field redone to a level that is adequate, will bring
this field into their services.
Motion: Award and authorize the City Manager to sign the contract for Donner
Park Baseball Field Reconstruction to Jacksonville Eighteen Construction Inc.,
for the Lump Sum Base Bid of $40,768.72 with a 10% Contingency of $4,076.87
on a separate Purchase Order. Based on funding and costs, Additive Alternate A
is not recommended for approval.
Moved by Fletcher, Seconded by Parsons.
Discussion ensued and Mr. Gilboy answered several questions from the Commission.
Assistant City Manager David Thompson also explained future uses for CDBG money.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
July 25, 2011 REGULAR COMMISSION MEETING Page 7
C. Decision on Employee Health Insurance Plan and Cost Sharing.
Commissioner Fletcher stated he would like to defer making a decision on this until
August 8 to give the City Manager and Human Resource Manager time to review a
couple of other alternatives on this plan.
Motion: Defer to August 8.
Moved by Fletcher, Seconded by Borno
Commissioner Fletcher stated he took the census and all the other information,
including the loss figures, and ran it by another insurance broker who said they thought
they could do something. He presented that to the City Manager today and believes we
owe it to the employees and the City to try to do better if we can.
Commissioner Parsons stated he is for the employees. He stated we have some money
in the contingency plan. He stated we have a $29 million budget and $10 million of
that is in the General Fund, which has a $4.8 million contingency, which is not 25%
but is about 40 %. He stated there is money in the contingency plan to let the
employees off altogether and hopes this is one of the things that has been offered to
this new insurance company. He stated he wants to look at a zero number the next
time too, for the employees. Commissioner Fletcher stated, if they can advance this
initiative, there will be some hard number to look at between now and August 8.
Human Resource Manager George Foster stated, looking at what was just given to him,
he has some questions on some of the rates. He stated he needs the broker of these
proposals to get with him as soon as possible, because he only has a week to get a staff
report up and get an alternate proposal back to the Commission. Commissioner
Fletcher stated the broker will call him at 8:00 tomorrow morning. Mr. Foster stated
he will need to sit down and analyze it but if these rates are valid and there is decent
coverage then we would be remiss not to take that extra 2 weeks. Commissioner
Woods stated she was concerned that if Mr. Foster realizes there are some underlying
issues and this is not going to work, should they still put this off for two weeks or
should they plan a workshop in a week. Mr. Foster stated the Commission could make
a tentative decision tonight on the data they have and give him the go ahead to evaluate
this and he will get back to the Commission in two weeks. He stated whatever
insurance company they pick, they have to notify them, get contracts done, get
employee handouts, brochures, etc. He stated with this possible proposal, he believes
it is in the best interest of everybody that we defer two weeks and he will get back with
the Commission after looking at this. He stated that is putting us farther down the road
than he wants to go. Commission Woods stated that was why she was wondering if we
should only postpone it for a week and have a special meeting to make the decision or
if two weeks are fine. Mr. Foster stated we can get it done in two weeks. Mr. Hanson
stated if we get in a jam it is possible to call a special meeting with 24 hours notice.
He stated this was presented to staff late this afternoon and George Foster was out at a
mediation and did not see it until five minutes before the Commission meeting started.
Commissioner Daugherty stated there are no good decisions to make. He stated as far
as the employees go, he empathizes.
July 25, 2011 REGULAR COMMISSION MEETING Page 8
Mayor Borno stated their job is to find the best for both sides and they are fully aware
of the burden that has been placed over the last couple of years. He stated they will
work at this diligently to protect the taxpayers as well as the employees.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report.
None.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners A. Appointments to the Code Enforcement Board and Community Development
City Attorney Board.
Commissioner Fletcher explained the Board Member Review Committee met to fill
two vacancies on the Code Enforcement Board and one on the Community
Development Board. He stated the Committee recommended reappointing Juliette
Hagist to the Code Enforcement Board and appointing alternate Ian Luthringer to serve
as a regular member on the Code Enforcement Board. They also recommended
appointing Ben de Luna to serve as the alternate, taking Mr. Luthringer's spot. He
stated for the Community Development Board they recommended Pat Stratton to fill
the unexpired term of Ellen Glasser, effective immediately. He proposed adopting the
recommendations of the Board Member Review Committee in one motion.
Motion: Reappoint Juliette Hauist to serve an additional term_ on the Code
Enforcement Board beginning October 1, 2011, appoint Ian Luthringer to serve
as a regular member on the Code Enforcement Board beginning October 1, 2011,
appoint Beniamin de Luna to serve as an alternate member on the Code
Enforcement Board beginning October 1, 2011 and appoint Patrick Stratton to
serve as a new member to the Communitv Development Board _ t fill the
unexpired term of Ellen Glasser beginning immediately.
Moved by Borno, Seconded by Woods
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Woods
Agreed with Mr. Kooba, stating he has some very valid points regarding the
sign ordinance and we need to revisit this ordinance and work out some of the
kinks and allow for some variances and other options. She stated we may want
July 25, 2011 REGULAR COMMISSION MEETING Page 9
to postpone the actual enactment until we get through this economy that doesn't
seem to want to give anybody any relief. She stated businesses are not going to
be able to pay $10,000415,000 to replace a sign.
• Announced there is a Presidential Address at 9:00 tonight on the budget
stalemate.
• Asked about the City Attorney's comment at the last meeting that the Charter
and Code give him the authority to interview and hire lawyers for the City.
Stated she went to municode.com and could not find this. Mr. Jensen stated he
will get back to her at the next meeting.
• Mayor Borno asked Commissioner Woods if she was requesting staff to give
them some information on the sign ordinance. Commissioner Woods stated she
believes the Commission needs to decide whether they are going to revisit it.
She stated she does not know whether this is a task for staff or if it needs a
workshop, or whether they need input from the business community. Mayor
Borno stated he believes a good approach would be to ask staff to give us an
overview and then for the Commission to have a good discussion and, if
necessary,a workshop.
Commissioner Parsons
• Stated he was very much involved with the sign ordinance and also believes
they need to revisit it. He stated, if nothing else, they could extend the
grandfathering time. He stated the economy just isn't there to support telling
somebody they need to take down their sign.
Commissioner Fletcher
• Commented on Patty Drake's comments regarding the funds for the Tideviews
dock. He stated the confusion about enterprise funds and budgeting was
underscored by the comments she made about using the Tideviews dock money
to subsidize health insurance. He stated the City has a bunch of different
enterprise funds and money in enterprise funds is not available to satisfy the
general obligations of the City. He stated another example was the Police
Building, stating if they go forward with that project the money comes from the
Better Jacksonville half cent sales tax fund. He stated the money in that fund is
totally restricted; the money for the Police Building would not come out of
general funds or be supported by ad valorem taxes or fees. He stated there is
confusion, even among employees, about how money in certain enterprise
funds can be used.
• Also commented on the sign ordinance and agreed they need to look at it. He
stated he believes there are some unintended consequences that are presenting
themselves now. He stated he is pleased some of the Commission is open to
looking at extending or modifying the sign ordinance.
Commissioner Daugherty
• Commented on the sign ordinance, stating he too would like to revisit it.
• Encouraged the Commission to do their homework on the budget. He stated
they owe it to the employees and the citizens to go through it. He stated his
goal this year is to get some sort of pay increase, but to do that they have to cut
some things.
July 25, 2011 REGULAR COMMISSION MEETING Page 10
Commissioner Parsons
• Stated he read the email forwarded to the Commission regarding the bike rack
in the town center and believes this does need to be addressed.
Mayor Borno
• Would like to have staff give a summary of the history of the sign ordinance
when they revisit it.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:28
p.m.
ATTEST:
Mike Borno, Mayor /Presiding Officer
Donna L. Bartle, CMC
City Clerk