Agenda Item 1MINUTES
REGULAR CITY COMMISSION MEETING
July 23, 2012
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 L. Bartle
Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey
ABSENT:
Commissioner Carolyn Woods
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno gave the Invocation, followed by the
Pledge of Allegiance to the Flag.
1. Approve the minutes of the Regular Commission Meeting of July 9, 2012.
Motion: Approve the minutes of the Regular Commission Meeting of July 9, 2012.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
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.
Michael Hoffmann, 176 Camelia St., stated he is wholeheartedly opposed to spending the money for the
visioning study. He stated this visioning study strikes him as a top down effort and it is logically opposed to
the concepts of transparency and accountability. He also addressed the public arts program, referring to the
email he sent Friday regarding part of the art on the Camelia and 3` Street lift station is trademarked. He
stated the typescript on the lift station and the Fleet Landing website is almost identical. He stated the Fleet
Landing website has a TM by it; it is trademarked. He further stated when he sent this email to the City
Manager he received no response until after he sent this to the Commission. He stated he believes the text
should be erased and something else placed there. He stated he does not believe we should be advertising a
health program for Fleet Landing in his neighborhood. He stated this is advertising, not art and they failed in
their due diligence and he wants to see something done about this.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow -up Report.
Mr. Hanson summarized his report on opening Dutton Island earlier on weekends. He stated that could be
done for an overtime cost of about $3,000 /year.
July 23 2012 REGULAR COMMISSION MEETING Page 2
He stated his comment at the last meeting on debatable motions was incorrect, explaining Roberts Rules of
Order states a motion to defer is debatable.
He showed a slide of a proposed sign that could be used to show the canoe /kayak vendors at Dutton Island.
He asked for consensus approving the sign, if they get the approval from Florida Communities Trust.
Discussion ensued. It was the consensus of the Commission to approve the sign.
Discussion ensued regarding opening the gate earlier at Dutton Island. Consensus of the Commission was to
open the gate at 6:00 a.m., seasonally, beginning this year and ending October 1, 2012, on an experimental
basis initially, in order to track how many people are using the park at this earlier time.
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 Dept. Monthly Activity Report and the
Recreation Programs and Special Events Report for June and the Public Works and Utility
Departments Project Status Report as of July 10, 2012.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Item A as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 45-12-21, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH, AMENDING CHAPTER 20, TAXATION, AMENDING SECTION 20 -59, SCHEDULE OF
FEES; PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 45 -12 -21 by title.
July 23 2012 REGULAR COMMISSION MEETING Page 3
Motion: Approve Ordinance No. 45 -12 -21 as read.
Moved by Daugherty, Seconded by Beckenbach
Mayor Borno summarized the Ordinance stating this is an increase of 5% for business taxes.
Mayor Borno opened the Public Hearing. No one in the audience spoke so he closed the Public Hearing.
Commissioner Beckenbach stated, although he had asked for the deferral, when contacting several business
owners none of the ones he spoke with stated this would be a hardship, so he has no problem with this now.
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 33-12-18, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2
OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, BY
ADDING A NEW SEC. 2 -22, VOTING DISTRICTS, TO ESTABLISH THE BOUNDARIES OF THE
FOUR DISTRICTS FOR SEATS TWO THROUGH FIVE OF THE CITY COMMISSION AND
RENUMBERING SAID DISTRICTS, AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 33 -12 -18 by title.
Motion: Approve Ordinance No. 33 -12 -18 as read.
Moved by Daugherty, Seconded by Mark
Mayor Borno explained the ordinance showing a slide of the proposed district boundaries.
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Insurance Broker of Record for City of Atlantic Beach for Employee Benefits and Property/Casualty
& Risk Management Services - RFP No. 12 -02.
Human Resources Director Sue Danhauser addressed the questions brought up at the last meeting. She
further stated they also had a proposer who expressed concern that strategy was counted in the scoring system
in the RFP, explaining this was listed in the RFP. She stated if they omitted that score from everyone,
Harden still ranked number one. She stated they also had questions about the criteria of having a local
broker, which the City would prefer so they would be responsive to our needs and the needs of our employees
because not all of our employees have access to the internet. She stated if they also removed this criterion
from the scoring system, Harden and Associates and Gallagher would then tie with the same score but Harden
and Associates did give us a lower bid by approximately $3,500 for one year and a rate guarantee of three
years. She answered questions from the Commission.
July 23, 2012 REGULAR COMMISSION MEETING PaEe 4
Commissioner Daugherty asked that a representative of Harden explain what they think about the changes in
the Federal Healthcare Law and how that will affect our City and what they can do to help us with that.
Brooks Faison, Sr. Vice President of Harden & Associates, 120 S. Beach Drive, St. Augustine, explained
the major impacts of this law for the Commission and the actions they will need to take to assist our
employees. He further explained their wellness program that would be implemented for the City employees,
which would include Health Risk Assessments (HRAs).
Commissioner Beckenbach thanked Ms. Danhauser for her efforts in taking care of the citizens' questions
and thanked the citizens for their input on this.
Following a question from Commissioner Beckenbach, Mr. Faison explained why having a local
representative is beneficial to the City and its employees. He answered several questions from the
Commission.
Motion: Award contract to Harden & Associates to act as the City of Atlantic Beach's Broker of
Record for employee benefits and property/casualty & risk management services, and authorize
the City Manager to sign the contract to include the above noted fee agreement.
Moved by Daugherty, Seconded by Borno
Commissioner Mark disclosed that the foundation she is the Executive Director of uses Harden &
Associates for their property and liability insurance and asked if this is a conflict of interest. Mayor
Borno asked if she signs any of the contracts or does any of the negotiations. She stated she can sign the
contract for the insurance policy but there was no negotiating; they just needed property /liability
insurance on the properties they own. Mayor Borno asked if her signature was just part of her duties, not
to the point that she was initiating it. Commissioner Mark stated her duty was to sign it as agent of the
foundation. Mr. Jensen asked if she receives any financial gain either way. Commissioner Mark stated
no. Mr. Jensen stated there was no conflict.
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
B. Proposed Change to Chapter 16 Solid Waste and Recycling.
Public Works Director Rick Carper explained the proposed changes staff has prepared regarding the Solid
Waste and Recycling Ordinance, stating we are one of the only cities in North Florida that has a franchise
permit requirement for construction and demolition debris and recycling. He answered questions from the
Commission.
Commissioner Daugherty stated he supports numbers 1 and 3 but explained why he does not agree with
number 2. Mr. Carper further explained the change in the renewal fee. Discussion ensued.
Motion: Direct staff to prepare a draft ordinance to modify Chapter 16 to include numbers 1 and 3,
but not 2.
Moved by Daugherty
Motion failed due to lack of a second.
July 23, 2012 REGULAR COMMISSION MEETING Page 5
Motion: Direct staff to prepare a draft ordinance to modify Chapter 16 as proposed.
Moved by Mark, Seconded by Beckenbach
Discussion ensued.
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported the proposed budget has been distributed to the Commission and the first
workshop is scheduled for August 21 at 5:00 pm.
10. Reports and /or requests from City Commissioners and City Attorney
A. Code Enforcement Board Liens.
Mr. Jensen stated he submitted the report for the three Code Enforcement Board Liens and needs direction
from the Commission to authorize him to file suit on those. He stated, if authorized, he will first order a title
search on each property, which may affect the ultimate decision on whether to file suit.
Motion: Authorize the City Attorney to proceed with foreclosure of the Code Enforcement
Board Liens on the aforesaid properties.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
B. Excused Absences From Regular Meetings of the City Commission.
Mayor Borno stated he asked this to be put on the agenda and after researching this the City Attorney came
up with a recommended Rule 27. He explained the purpose of this is so the Commission can maintain a
quorum, which sometimes gets questionable due to people being out of town, etc. He stated this should be a
duty to ourselves as a Commission and to the citizens to be able to carry out our duties. He stated it is up to
the Commission, in carrying out the Charter, to excuse absences. He stated he is trying to get this so it is
simplified and is an equitable way to take a look at.
Mr. Hanson asked if he is proposing what would be an ordinance adding a new Rule 27 to the Rules of Order
in the City Code that basically implements the provision in the Charter. He further explained what he is
doing is asking the rest of the Commission to give concurrence with preparing the first reading for the next
meeting.
Mr. Jensen added the report ends with, please provide direction so that an appropriate ordinance can be
prepared if necessary. He stated the only other thought he had after sending it in was, it requires notification
July 23, 2012 REGULAR COMMISSION MEETING Page 6
by email to the Mayor and the Clerk but they may want to include, or if you know at the current meeting that
you are going to be absent at the next meeting then that would be notification as well.
Commissioner Daugherty stated he would like it to state that the rest of the Commission is notified in
advance as well. Mayor Borno asked that Mr. Jensen add that once the Mayor or City Clerk is notified by
email then the rest of the Commission is notified. Discussion ensued.
It was the consensus of the Commission to direct the City Attorney to prepare an Ordinance for first reading
to establish a procedure for obtaining an excused absence.
C. Proposed resolution concerning reimbursement of expenses paid by the City for an official who does
not attend the function.
Mayor Borno explained anytime the Commissioners commit themselves but then can't make the function and
can't cancel within the time parameters, it is their responsibility to pay the City back for the funds expended.
He stated it is only fair to the citizens and everybody else when they fund us to go to a conference. He stated
we don't have a concise policy for this now.
Commissioner Daugherty asked if they would accept extenuating circumstances or is this just a flat you have
to reimburse the City. Mayor Borno stated there is no description of extenuating circumstances and he
believes although things will happen that they can't control but they are still committed and if they try to
break down all extenuating circumstances they would be here forever. He stated if you don't describe them,
you have a vague statement for extenuating circumstances and then you have to figure out what it means. He
stated he believes it is better to go with a clean concise policy, so when it comes up it is a simple thing and
they know how to handle it.
Mr. Hanson asked the City Attorney if this is adopted and becomes the policy, would there be any reason the
City Commission couldn't vote to waive the policy in extenuating circumstances, such as having to go to the
hospital, etc. Mr. Jensen stated the Commission would have the authority to do that but believes the real crux
of the matter is that if City money is expended for someone to attend a function and they don't attend what is
their responsibility to public funds.
It was the consensus of the Commission to direct staff to prepare a Resolution concerning reimbursement of
expenses paid by the City for an official who does not attend the function, to be brought back for the next
meeting.
D. Policy on records requests from Commissioners.
Mr. Jensen stated he has added suggested language to the City's policy when the request for public records is
from a City Commissioner. He stated there was also a handout tonight at the request of Commissioner Mark
with a change to 4(a) (which is attached and made part of this Official Record as Attachment A).
Commissioner Daugherty asked how they determine what is extensive. Mr. Jensen asked the City Clerk if it
is 15 minutes or $100, or both. City Clerk Bartle explained extensive, for labor fees, is anything after 15
minutes. Mr. Jensen referred to the notes at the end of his report, stating he posted the question on the list
serve for City Attorneys around the State and received 25 -30 different responses, everywhere from give
everything they want at no charge to charge them for everything. He stated he tried to strike a balance that
kept the intent of our existing policy and comments made at previous meetings.
July 23, 2012 REGULAR COMMISSION MEETING Page 7
Commissioner Beckenbach stated he still believes that, as an elected official, if you need information that is
going to help you in making a decision for the benefit of the citizens, any Commissioner should not have to
pay money out of their own pocket to receive documents when that request is reasonable. He stated we should
be able to, and should pursue, having this information online electronically, which would alleviate this
problem; but, up until that point, he has no problem with what is being said here.
Mayor Borno stated he believes this is addressed in 4(b).
Commissioner Daugherty stated he believes "extensive" should be clarified and he believes 15 minutes is too
short a time.
Mr. Jensen stated it isn't 15 minutes of Commissioner time; they can come to City Hall and go through
records for days on end if they want to. He stated what they are talking about is if they want to request
documents, public records, it takes staff time and money. He asked whose responsibility is that to pay. He
stated if he takes 15 -30 minutes of the City Clerk's time away from her job to fill that request, by State
Statute the City is allowed to charge for that. He stated an elected official could submit a request that would
take hours and hours and cost hundreds and hundreds of dollars and could tie up a staff person's time. He
stated they could submit a request that is so extensive it could bring the City Clerk's office to a standstill. He
stated they are trying to avoid that and make it somewhat reasonable for everyone involved. He stated these
are just suggestions based on comments from before but the Commission is the ultimate decision maker in
that regard.
Mr. Hanson added he has had to put some of these requests together himself and some have literally taken
thousands of dollars worth of time. He stated he personally spent the better part of a week, including the
weekend to put some of these together. He stated when people come to us for open records requests they are
often very broad because they don't want to take the trouble to try to pin it down. He stated State law says
when it gets extensive, we can give someone an estimate and ask for payment first. He stated that estimate
causes a lot of people to step back and say, maybe I just need this. He stated the State law then allows us to
get to a reasonable balance of what it costs and what somebody really wants. He stated he has seen some of
these public records requests come in that are so broad it is taking weeks at a time to fill. He stated the
problem that gave rise to this the first time was a Commissioner who asked for an extraordinary amount of
records and they were produced. He stated when he pointed out the amount of time it took to the rest of the
Commission they said that was unreasonable and we need to put some kind of a limit on that. He stated the
decision was made to charge Commissioners like we would other people. He stated we do try to digitize
most of our reports and whether or not they are available to the public is another question due to servers, etc.
He stated if we can get our hands on them and download them to a CD in a matter of a couple of minutes, we
will give them to you. He stated most things of any significance are digitized now.
Commissioner Daugherty asked if a Commissioner has a specific issue they would like to request can they
could come to the Commission and request a variance from this. Mr. Jensen stated this is not an ordinance or
a resolution; it is just an internal policy. He stated if something like that came up any Commissioner is free to
request that. Mr. Hanson stated the City Commission sets the strategic plan and can amend it at any time and
it really amounts to where staff is spending their time. He stated if the Commission directs that the time be
spent on researching one issue, it is up to the Commission to set that.
Motion: Approved the recommended policyhange.
Moved by Daugherty, Seconded by Beckenbach
Votes:
July 23 2012 REGULAR COMMISSION MEETING Pale 8
Aye: 4 — Borno, Beckenbach, Daugherty, Mark
Nay: 0
MOTION CARRIED
E. Report on Aquatic Gardens Neighborhood Meeting.
Commissioner Daugherty distributed his report (which is attached and made part of this Official
Record as Attachment B) to the Commission and summarized his meeting with residents of the
Aquatic Gardens neighborhood, explaining the issues that were brought up at the meeting. He
showed a slide of the neighborhood pointing out the areas of concern.
Mayor Borno responded to Commissioner Daugherty's requests, stating the issue with the fountain is
cosmetic and he does not believe it is of any value for the City to replace. He stated the safety study by the
Police will be what governs a speed hump, etc. He also stated the neglected property discussed could be bush
hogged by the City again and bill the owner.
Commissioner Daugherty
• Responded to Mr. Hoffinann's remarks stating he was on the Commission when that was approved
and was not aware that statement was an advertising slogan. He stated he does have a point that it is
an advertising piece and he agreed having a logo or trademark phrase on a public building is not
appropriate. He stated they could ask them to paint over it or we could paint over it.
• Distributed a copy to the Commission of the Rose Park survey and petition. He stated if any of the
Commissioners would also like to talk to people he has extra copies. He also stated if anyone in the
audience wanted to fill out a survey and petition they could have a copy. He stated about 30
households have signed this and he has had some good suggestions.
• Stated on the corner of 12 St. and Orchid there is no street light and on the whole block of 12 Street
there is only one street light and it is very dark at night. Asked that staff look at it and see if lighting
is appropriate.
Commissioner Beckenbach
• Asked Commissioner Daugherty for the addresses of the homes he went to so he would not be
redundant. Commissioner Daugherty stated he would email them to the Commission.
• Citizens approached him regarding the Police Ad Hoc Committee and recognizing Lance Wolfson
who was helping out as a citizen architect. He would like the Commission to send a letter of
recognition thanking Mr. Wolfson for helping the committee as the architect.
Commissioner Mark
• Citizen meeting for the Roberts Road Ditch will be held from 6 -8 pm on August 16 at Donner
Community Center. Stated if any other Commissioner will be in attendance they need to let the City
Clerk know so we can follow the Sunshine Law requirements for when more than one Commissioner
is in attendance. She stated her intent for the meeting was to have the citizens there, have the engineer
present their proposal to fix the problem with the ditch and get citizen feedback as to whether they
would like us to go forward or not. City Clerk Bartle stated since those comments were made at the
last meeting she wanted to know whether or not staff had to be the ones taking minutes because it was
suggested that maybe a Commissioner could take the minutes. She stated there is language that says
the City Clerk must attend all meetings. She stated without that specifically saying that is meant to be
regular meetings we would have to assume she is to go to any meetings the Commission has, whether
it is nights, weekends or whatever, so it does affect her when they have more than one Commissioner
at a meeting. Mayor Borno stated that is the way they have dealt with it in the past so as not to get in
July 23.2012 REGULAR COMMISSION MEETING Pate 9
a conflict of possible violation of the Sunshine Law. Commissioner Daugherty stated he would like to
get a good amount of people to come out to this and asked that flyers regarding the meeting be
distributed to the neighbors. Mr. Hanson stated he believes some staff member could put a flyer on
the doors of at least all the people who live along that creek.
• Attended the Fleet Readiness Tour hosted by the Chamber at NAS last Friday, as did Commissioner
Daugherty. Stated it was very impressive and there are a lot of improvements out there.
• Responded to Mr. Hoffinann's comments stating she appreciates his opinion on that process and
clarified for the record that his concerns on this being a top down effort and the transparency and
accountability, are the reason she is advocating for this visioning process so it is not top down and we
do have that transparency and citizen involvement.
Mayor Borno
• Stated it was a Commission decision on the art and whether they realized that was verbiage from their
advertising, it was their decision. He stated whether it is worth the effort to paint it over is the
decision they will have to make. Mr. Hanson stated staff had no inkling that there was some
trademark phrase on the art, but it was a decision made by the Commission in a noticed meeting as an
action item. He stated if the Commission wants to consider having it painted over he believes, to be
fair to everyone, it should be put on the agenda for a future meeting and everyone who had input on it
could show up and make their comments. Commissioner Daugherty stated he would put it on the
agenda under his name.
• Asked how many have started looking through their strategic plan, stating no one has given their
input. He reminded the Commission it will be on the next agenda for approval.
• Announced that the Atlantic Beach 10 -under All Star baseball team won the State Championship
tournament in Ft. Caroline and they go to the Southeast Regionals July 26 -29.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting adjourned
at 8:26 p.m.
ATTEST:
Mike Borno
Mayor/Presiding Officer
Donna L. Bartle, CMC
City Clerk