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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING November 26, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of November 13, 2012. B. Approve the minutes of the Special Called (Shade) Meeting of November 13, 2012. C. Approve the minutes of the Commission Briefing of November 9, 2012. Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the minutes will stand as submitted. 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. Sally Clemens, 1638 Park Terrace West, stated, at the last Commission meeting, approval was given to the Commissioners to have their cell phones on for emergencies, which she believes seems subjective and not definitive. She asked what is considered an emergency; how will this use be monitored; and how were emergencies handled before modern technology? 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. None. 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 Public Works and Utility Departments Project Status Report on 11/19/12. November 26 2012 REGULAR COMMISSION MEETING Page 2 B. Award a nine -month extension to expire on September 30, 2013 for Janitorial Services for City Facilities to Corvus Janitorial Systems (Bid No. 1011 -22). Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A and B as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12 -16 A RESOLUTION HONORING JOHN LOUIS MEEKS, JR. ON RECEIVING THE DISTINGUISHED YOUTH SERVICE AWARD FROM UNITY WORLDWIDE MINISTRIES. Mayor Borno read Resolution No. 12 -16 by title. Motion: Approve Resolution No. 12 -16. Moved by Mark, Seconded by Borno Mayor Borno stated he was asked to put this Resolution on the agenda, explaining the background of the request. Commissioner Beckenbach asked what the Unity Worldwide Ministries award was. Mayor Borno stated he had no information on this. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 31-12-10, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AN AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE 2020 COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY ORDINANCE NUMBER 31- 10 -09; THIS AMENDMENT ADOPTING THE MILITARY COORDINATION POLICIES AS REQUIRED BY 2011 HOUSE BILL 7207, AS WELL AS A MAP DEPICTING THE MILITARY INFLUENCE ZONE; PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF CONSISTENCY, FINDINGS OF FACT, SEVERABILITY AND AN EFFECTIVE DATE. November 26, 2012 REGULAR COMMISSION MEETING Page 3 Mayor Borno read Ordinance No. 31 -12 -10 by title. Motion: Approve Ordinance No. 31- 12 -10. Moved by Daugherty, Seconded by Beckenbach Mayor Borno summarized the Ordinance stating it adopts the policies for coordinating with the Navy on any zoning actions that may affect their airspace. Building and Zoning Director Mike Griffin further explained the Ordinance. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED B. ORDINANCE NO. 5-12-57, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, ADDING A NEW RULE 28, BANNING TEXTING AND USE OF CELL PHONES AT CITY COMMISSION MEETINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -12 -57 by title. Motion: Approve Ordinance No. 5- 12 -57. Moved by Woods, Seconded by Daugherty Mayor Borno summarized the Ordinance stating this is to prohibit Commissioners from using electronic devices during meetings, except for emergencies. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Woods thanked City Attorney Jensen for reviewing the language for the emergency use, stating she believes it is worded very well. City Manager Hanson responded to Mrs. Clemens question regarding what constitutes an emergency, stating he believes it is determined by the City Commission and would happen so infrequently that it would be a very unusual circumstance that they would see someone answering a phone call. Commissioner Mark suggested if the Commissioners are in a situation where they may be getting an emergency call that they disclose it at the beginning of the meeting. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-12-118, Public Hearing and Final Reading November 26, 2012 REGULAR COMMISSION MEETING Palle 4 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -12 -118 by title. Motion: Approve Ordinance No. 20 -12 -118. Moved by Woods, Seconded by Daugherty Mayor Borno stated this is the final budget modification for last fiscal year and explained the amendments to the Ordinance. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Police Department — 3rd Quarter Report. Chief Mike Classey reported on the highlights of the quarterly report, including the pedestrian safety program. He further reported the crime rate this year has dropped 22 %, which he believes is due in part (around 17 %) to the Atlantic Arms apartments undergoing renovations and most of the residents have vacated. He stated without that change, they would have been about 5% down. He also pointed out the emergency response time was at two minutes, four seconds. He answered questions from the Commission. Commissioner Woods requested further breakdown under the Calls for Service on the Quarterly Report Chart, stating she believes that will benefit the Commission in thinking through the process during the workshop on the Police Building. Chief Classey stated that would be no problem. Commissioner Woods also asked what amount of time per incident it takes the officers or other staff for the calls for service. 9. City Manager A. City Manager's Report. City Manager Hanson reported on the East Coast Greenway Biking Trail, stating the proposal is to put up signs designating the route through Atlantic Beach. He answered questions from the Commission. Discussion ensued. Mr. Hanson stated he would bring the Commission a report back on what other sections of the bike /ped path are yet to be done and what might seem to be the most logical next pieces. 10. Reports and /or requests from City Commissioners and City Attorney A. City Ordinances on flags. Commissioner Mark asked to defer this item to the next meeting. B. Proposed Rose Park budget amendment. November 26, 2012 REGULAR COMMISSION MEETING Page 5 Commissioner Daugherty showed a slide of the Rose Park Conceptual Design stating in planning the park a water feature is something the Commission should decide whether they want to have. He stated from a cost standpoint it would be easier to do this while they are doing the whole park and they do have the money available in half cent sales tax funds. He asked for consensus to have a budget amendment at the next meeting to include the water feature phase in the construction. He stated doing this now would save on mobilization and on having to put the park under construction again after it is finished, etc. He stated the cost would be about $162,000 and $7,000 /year to maintain it. Mr. Hanson reiterated it would be about $7,000 for electricity and chemicals to treat the water and, based on Jacksonville Beach's estimates, approximately another $7,000 for manpower to make all of that work. He pointed out on the slide where they are proposing the water feature go. Discussion ensued regarding what they can expect for $162,000, the budgeting, etc. Commissioner Daugherty then asked for a consensus of the Commission to investigate this at the next meeting and get a report from staff regarding the pros and cons of doing it now versus two years from now. Commissioner Mark stated she was agreeable to that but did not understand why they need to do a budget amendment. Mayor Borno agreed, stating what they need to do is get the architectural design done to include the water park and start getting ball park figures and then deal with the issue at that time. He stated they should also get a report on what the half cent sales tax money has been designated for this year, then make a decision on what they need to do and whether they need a budget amendment at that time. Commissioner Daugherty stated he would be agreeable to that. Commissioner Mark asked if the water feature would create any additional liability on the City that would require special insurance for that amenity. Mr. Hanson stated it is an additional recreation facility that would bring additional liability but it is not like a pool that you could drown in. He stated any additional park facility will cost the City more for liability insurance; however, it would be relatively small in comparison with the $14,000 /year annual operating expense estimate anyway. He stated it may cost a few hundred dollars extra per year. Mayor Borno stated the additional manpower to maintain it is something they will have to keep in mind. C. Appoint Commissioner to Board Member Review Committee. Mayor Borno nominated Jonathan Daugherty to serve an additional term as Chairman of the Board Member Review Committee. Motion: Reappoint Jonathan Daugherty to serve an additional term as Chairman of the Board Member Review Committee. Moved by Borno, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty • Related an incident he had with Animal Control. Stated he believes they should be a little more lenient regarding the leash laws and also the City needs to address the Atlantic Beach kennels, which he found appalling. Mayor Borno directed staff to come back with a report on what could be done to improve the kennels. Commissioner Beckenbach • Stated he wants to start scheduling the town hall meetings for discussion of the visioning project. Mayor Borno suggested discussing this with the City Manager and City Clerk. Commissioner November 26, 2012 REGULAR COMMISSION MEETING Pate 6 Daugherty agreed stating he also would like to revamp the way they do strategic planning and visioning and asked if they should start thinking about how they want to improve strategic planning next year, what they need to do and how they would implement that. Discussion ensued. • Brought up the fact that the City Manager is looking at a position in Port Orange and if he does get the position, they should be looking at the way they would transition from one City Manager to another. Discussion ensued. Commissioner Woods Stated a transition plan is something they should look at for all of the appointed offices. Reported she will have a report on the December 10 meeting regarding the videoing. Mayor Borno • Reported the tree lighting will be on December 1. • Florida League of Cities approved the top ten legislative policies to take to the 2013 Legislature, which he will have staff put in Resolution form for approval by the Commission. • Requested everyone consider donating canned dog /cat food, blankets, etc. to Animal Control. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:45 p.m. ATTEST: Mike Borno Mayor /Presiding Officer Donna L. Bartle, CMC City Clerk