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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