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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING January 28,2013 IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Call to Order/Pledge: CITY HALL, 800 SEMINOLE ROAD City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Mayor Borno called the meeting to order at 6:30p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. B. C. D. Approve the minutes of the Regular Commission Meeting of January 14,2013. Approve the minutes of the Commission Workshop Meeting of January 14,2013. Approve the minutes of the Commission Briefing of January 10,2013. Approve the minutes of the Town Hall Meeting of January 5, 2013. 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. Fred "Fel" Lee, 1501 Big Tree Rd., Neptune Beach, Chairman of Duval Public School System, invited the Commission to a reception for the new Superintendent on February 21, 2013 from 6:30 -8:00 p.m. at Fletcher High School Media Center. He also invited them to various school visits he is holding in the area. He stated he visits all of his schools in this district once a quarter, stating he will send the schedule to the City Clerk. Item 8E was taken out of sequence and acted on at this time. 8E. Informational Session on Fleet Landing Bond Refinancing. Joshua Ashby, 1 Fleet Landing Blvd., Chief Executive Officer at Fleet Landing, gave a presentation related to refinancing the existing debt on the Fleet Landing bonds which will lower their interest expense by about $300,000 annually. He distributed a map of the Fleet Landing boundaries. He also explained the proposed renovation project. He stated this first step is to do the refunding and issuance of a small new money portion to pay for the land. He stated they will be back later this year to do a new money issue to pay for the $12-14 million renovation and expansion of the campus. He answered questions from the Commission. He stated Chauncey Lever will give an overview of the actual financing structure. Chauncey Lever, Partner with Foley & Lardner, One Independent Drive, serving as bond counsel for the proposed bond financing, explained the past and present bond issues stating this is a conduit financing under January 28, 2013 REGULAR COMMISSION MEETING Page2 the Florida Industrial Development Financing Act. He stated the proposed bond resolution that will come before the City at the next meeting for consideration by the Commission approves four documents -the Trust Indenture, the Loan Agreement, a Bond Purchase Agreement between the bond underwriter, and a preliminary official statement which is similar to a prospectus document. He explained the City will not be responsible to pay the debt service on the bonds at all and all cost and expenses of the City will be reimbursed by Fleet Landing. He answered questions from the Commission and from Mr. Hanson. Mr. Hanson explained the City has hired Peter Dame to represent the City of Atlantic Beach with recommendations from Alan Jensen. He stated Mr. Dame has no affiliation with Fleet Landing and has been in this business for a long time. He stated he is working for the City in this endeavor; however, the payment for his services will come out of the proceeds of this bond issue. Peter Dame, 50 N. Laura St., with Akerman Senterfitt, bond counsel for Atlantic Beach, explained his role is to protect the City and to assure they have the protection they are looking for in the documents and there are no problems. He stated he has looked at all of the documents to assure they protect the City and keep the City out of trouble. He stated the bonds are payable solely from the revenues that come from the facility; there are no City revenues pledged. He stated the City is indemnified should something go wrong and the City incur some legal expenses. He stated if there is a foreclosure, they try to make sure one of the first things paid are any expenses of the City, as a trustee, and then the bond holders get paid after that. He answered questions from the Commission. Responding to a request from Commissioner Beckenbach, Mr. Dame stated an exhibit to the resolution is a public document and they will request the bond counsel send us the most recent draft with the information and backup and they will make it available to anyone who wants to look at it. Mr. Hanson stated we will post the documents to the FTP site for public records requests. Mr. Dame cautioned that it needs to be presented as part of the official records of the City; it is an offering document for a bond and they are not making an offering through that transaction, but want to provide it as part of the public records. He stated they need to be clear that we are not using that at this point as a marketing document, because it is not fmal. Mayor Bomo stated he and his wife are members of the Atlantic Club and asked Mr. Jensen if he should recuse himself when it comes to a decision. Mr. Jensen asked if he will gain anything financially from the transaction. Mayor Bomo stated, no, it is a deposit so they had the right to be asked if they would like to be a resident there in the future. Mr. Jensen stated he does not see that as any conflict of interest. Discussion ensued. John November, 647 Beach Avenue, stated he attended the Timuquana Adventure Day this past Saturday and briefly explained the event. He addressed Rose Park stating he is in favor of doing the water feature now rather than waiting for the future, stating it makes the most sense financially to do this now. He further stated he believes the parking lot should be moved to the side rather than in the middle of the park, due to safety for the children. He further spoke on the police station stating they might be able to take an incremental approach where they don't have to bring the whole thing up to Code, but improve the front with better amenities for the public when they come in. No one else from the audience spoke so Mayor Bomo closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. None. January 28, 2013 REGULAR COMMISSION MEETING Page3 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 for January 11, 2013 and the Building Department Monthly Report for December 2012. Mayor Bomo read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Beckenbach, Seconded by Daugherty Votes: Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-13-120 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Bomo read Ordinance No. 20-13-120 by title. Motion: Approve Ordinance No. 20-13-120 as read. Moved by Woods, Seconded by Mark Mayor Bomo explained this Ordinance is to add budgets for the use of police grant funds to pay for grant writing services for two different projects. Votes: Aye: 5-Bomo, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED January 28, 2013 REGULAR COMMISSION MEETING Page4 8. Miscellaneous Business A. Evaluation of Options for Long-term Irrigation Water Supply for Selva Marina Country Club. Mr. Hanson stated Donna Kaluzniak would present this report and John Collins was in the audience also to answer questions. Public Utility Director Donna Kaluzniak gave a slide presentation explaining the options to provide irrigation to the Selva Marina Golf Course. She stated, using life cycle costing, the recommended option was to provide a reclaimed facility at the treatment plant and reuse the existing pipe that is in the ground from Fleet Landing to get it to the golf course. She further explained capital cost is estimated at about $530,000, which is the lowest life cycle cost. She explained the caveats to this option are that the country club will need to provide a pond at the southwest comer of the property and it will require coordination with Fleet Landing to connect their lift station to the new Buccaneer Force Main so they can reuse that small main. She stated another issue is that what they asked the engineer to look at was only the lowest cost option to get water to the golf course for irrigation of the golf course only. She stated they weren't looking at residential and if they wanted to expand it to residential, cost would have to be added for a dedicated pipe, a larger facility, and equipment to maintain constant pressure for providing irrigation on a 24/7 basis. John Collins and Ms. Kaluzniak answered questions from the Commission. Discussion ensued. Related to the comments about future expansion, City Manager Hanson stated he believes it would be prudent of the City to require the developer of the new subdivision to pipe for the reuse at their cost. He stated when a new developer is putting their lines in, it is much less expensive to put the piping in at that time rather than after the roads, driveways and landscaping are in. He stated the City can legally require them to put it in and he believes it makes economic sense. Mr. Hanson also answered questions from the Commission. Discussion ensued. In going forward with Selva Marina, related to the inigation issue, etc., Commissioner Mark asked if she should still represent the City at the table with the country club and developer, even though the task of the ad hoc committee has been completed and it has been dissolved. Mayor Bomo stated he believes they have two options. He stated if she wants to stay involved the Commission could appoint her and the City Manager as the two representatives to stay in contact with them in negotiations. He stated if she does not want to get tied up in it, they can have the City Manager go and report back to the Commission. Commissioner Mark stated she is happy to stay involved as much as the Commission would like her to be and take on that responsibility. Motion: Appoint Commissioner Mark and City Manager Hanson to sit at the table with Selva Marina Country Club and stay current and be available to do the negotiations and then report back to the Commission until this is resolved and a final decision is made. Moved by Bomo, Seconded by Daugherty Commissioner Woods asked the City Attorney to clarify whether this will be a Sunshine Law violation because as they go through the negotiations they will all be talking to the City Manager about their concerns and he would be sharing those ideas with Commissioner Mark. She believes the point of the Sunshine Law is that it isn't supposed to work that way. She stated she believes the discussions Mr. Hanson has with the Commissioners he is not allowed, by law, to cany forward to the next Commissioner. She stated she believes they are setting themselves up for trouble. January 28, 2013 REGULAR COMMISSION MEETING PageS Mr. Jensen explained he believes anyone in a staff position can speak to the different Commissioners separately and tell them all the same thing. He stated Mr. Hanson would not be trying to influence one or all of them to act in a certain way. Commissioner Woods stated that was not her question. She further explained what she was asking. Mr. Jensen stated he does not know that Mr. Hanson would get separate recommendations or suggestions from each individual Commissioner to be in a contract and take all of those to the table with Selva Marina. He stated the Commission would have to decide what they would want in the contract and approve it. Discussion about the Sunshine Law ensued. Commissioner Daugherty stated, as a point of order, he believes for this to be voted on it has to be on the agenda unless they declare it an emergency. Mr. Jensen stated they need to see what was authorized before with Commissioner Mark. He stated he believes she was just asking for clarification as to whether they want her to continue doing that. Commissioner Mark stated she was asking if they want her to continue to be involved in it going forward because what the ad hoc committee was tasked to do was completed but they did not officially dissolve that committee. She stated there is a meeting scheduled for Friday at 11 :00 with the Selva Board and possibly the developer and she was informed of that meeting. She stated, technically, this could be an emergency if they want her to be at that meeting and they would need to vote on the consensus of her going forward with it. Commissioner Daugherty stated he wanted to make an amended motion to make Commissioner Mark a liaison for the Commission to work with the City Manager and asked if that would make it simpler. Discussion ensued. Mayor Bomo withdrew his motion, Commissioner Daugherty withdrew his second. Mayor Bomo stated they can just continue under the original direction. Commissioner Mark stated she will go to the meeting and report back to the Commission. Mayor Bomo stated he will prepare something for the future so they don't have to try to design it tonight. B. Contract for Mixing Zone Assessment of Total Copper and Cyanide at the St. Johns River Outfall. Donna Kaluzniak summarized her staff report explaining the DEP has very low limits for certain parameters, including copper and cyanide, which are much below what the drinking water standards are. Motion: Award the contract for Mixing Zone Assessment of Total Copper and Cyanide at the St. Johns River Outfall to CDM Smith in the amount of $27,760 and authorize the City Manager to sign the contract. Authorize payment for additional river sampling to JEA in the amount of $1,200. Moved by Mark, Seconded by Daugherty Votes: Aye: 5-Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Videotaping Commission Meetings. IT Director Keith Randich gave an overview of his staff report stating if the Commission elects to move forward to videotape their meetings, staff recommends a multiple adjustable camera system. He further stated if the Commission elects to move forward with making City documents available to website visitors in a searchable format, staff recommends the purchase of the Laserfiche web interface software. He stated staff also investigated acquiring agenda preparation software for use by City staff and did not find that use of such January 28, 2013 REGULAR COMMISSION MEETING Page6 a product would improve the process now used by the City Clerk or produce measurable time or cost savings for the City. Mr. Randich answered questions from the Commission. Commissioner Daugherty stated he is for the single camera option to start with and would like to make a motion for staff to bring back a budget amendment. Mayor Borno stated this is the same situation, they are not in an emergency; they are in the discussion of the report right now. Commissioner Daugherty stated actually this is on the agenda and asked why he can't make a motion that staff bring back a budget amendment. Mayor Borno stated, no, they can bring it up at the next meeting; they are in the discussion of the report right now. Commissioner Woods stated she believes they need more information before making a judgment. She asked Mr. Randich to clarify the cost figures in his chart, which he did. Commissioner Beckenbach stated although it was the single fixed camera they were talking about, Mr. Randich was making a recommendation for the multiple adjustable cameras. Mr. Randich explained for the single fixed camera they are not figuring that there is going to be any additional staff present at the meeting to play the role of editor, but once you get into a multiple camera system they will have to have an additional staff member, or in the case of Swagit, it would be an individual from that company who would be performing that task. Discussion ensued. Commissioner Woods asked how it is getting indexed to the agenda if someone is not sitting there doing that. Mr. Randich stated in the case of the single fixed camera, what they envision happening is the existing staff, either Donna Bartle or Nancy Bailey, would have the software up on one of their machines and as you go to each item in the agenda they would click on something that would indicate to the software that they are going to this particular agenda item and it would put the time stamp on the video as it encoded it and then upload it to that vendor's website. Further discussion ensued. Commissioner Daugherty stated he still goes with his original choice; this is not a need, but a want. He stated they should go with something that is practical and fills the purpose but is upgradable should they see a lot of people using this in the future. Commissioner Mark stated she agreed, this is a testing ground and if it really takes off and people are loving it, then they have the ability to upgrade as needed. Commissioner Woods asked if they could make a motion, since this is on the agenda. Mayor Borno stated it is not an action item. Commissioner Woods stated the next step is to authorize staff to find the best price for us. Mr. Hanson stated if the Commission picks which option they want and establishes a budget, it will be up to staff to get prices through a normal purchasing process. He stated before they ask vendors for quotes they need to know that they are going to do this. He stated, at this point, staff is waiting on a decision from the Commission. Commissioner Woods stated if they go with the single fixed camera that is within Mr. Hanson's authorization and they don't need to vote on it but just let him know that is the direction they want to go. Mr. Hanson stated he will need to have a budget for it, but they could do it without formal bids and would not have to come back to Commission for approval on which vendor they buy the camera from, but he would like to get the Commission to say they want a single camera system and put the money in the budget. Commissioner Daugherty asked if they need to make a motion on that. Mayor Borno stated he can't make a motion; he can make a request when he gets to Item 10. January 28, 2013 REGULAR COMMISSION MEETING Page 7 Commissioner Woods stated there are three things being discussed. She stated, for videotaping, they all seem to agree that they will start with the one camera with indexing but they haven't talked about the other items. She asked if they need more than that from the Commission. Mr. Hanson stated, yes, he needs them to vote on it. Commissioner Mark stated they haven't made a motion. Mayor Bomo stated it will be on the next agenda for an action item and somebody will make a motion on what they want. He stated they are gathering information. He stated they agreed they were going to go through this in a stepping process. Commissioner Woods stated on the next agenda I will have a budget item to go ahead with the one camera option. Mr. Hanson clarified that Commissioner Woods requested that it be put under her name on the next agenda. Commissioner Mark stated this is hard when they even agree; she doesn't get it. Mayor Bomo stated he would highly suggest that any motions in the future be in writing. Commissioner Woods stated she would like to see them move forward with the online keyword searches of agendas, minutes and other public records. She stated she will add that to her agenda item. She stated as far as the agenda creation software goes, if Donna is happy with what she has, let's keep Donna happy. Commissioner Daugherty stated he wants the Laserfiche item to be a separate action item. Mr. Hanson stated that was the way he had it in his notes. D. Early Openings for Dutton Island Preserve. Public Works Director Rick Carper stated they are seeing consistent but low usage during the early morning hours. He stated he doesn't want to use the flexibility to continue to reorient his rangers' work schedules because he would like to have them all here for most of the regular working day. He would need to go to overtime if they continue to do this, which would require a budget modification to plus up his overtime budget because he is already over 40% done for this year. He stated one of the thoughts brought up at the workshop Thursday was the potential to have an organization adopting or taking on this function for the City. He stated he believes that would have to come to the Commission for them to take that kind of obligation. Commissioner Daugherty agreed the best option would be to fmd a community group and he has been talking to some people. E. Informational Session on Fleet Landing Bond Refinancing. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. City Manager Hanson reported on the cost of applying for and administering grants, using the recent energy grants as examples. He also reported there will be a hazardous waste collection on May 11 in Jacksonville Beach. He further reported to schedule a special collection above the regularly scheduled ones, he was given a rough quote from Jacksonville a couple of years ago of$18,000/20,000. Mr. Hanson further commented on the Strategic Plan Quarterly Report pointing out several items on the report. He asked that the Commission think about what they want on the report for the upcoming year. January 28, 2013 REGULAR COMMISSION MEETING PageS City Attorney Jensen left at 8:11, returned 8:14p.m. At Mr. Hanson's request, Mr. Carper gave a status report on the Rose Park and River Branch projects. Mr. Carper presented an alternative slide of the parking area for Rose Park showing it moved to the northwest comer as requested at the workshop. He stated with the consensus of the Commission he will direct the engineers to proceed with this portion. Mr. Carper answered questions from the Commission. Mr. Carper further pointed out that he and the engineer agreed that on-street parking with children in a playground is a hazard and an off-street parking area is significantly safer. Discussion ensued. Mr. Carper also showed slides of the 60% Design for the Marsh Master Plan projects, explaining each project. He answered questions from the Commission. Commissioner Daugherty stated he spoke with (Councilman) Bill Bishop and he wants the meeting they previously discussed for the first or second week of February. Commissioner Woods stated she has heard from a few people that there is some concern about the neighborhood right-of-ways being not welcoming and she believes if they are going to invest in these boardwalks and amenities that they need to have people feel comfortable when they come into this community. She stated they need to start treating this as a continuation of the Mayport Road Corridor improvement plan and assure the right-of-ways are in order. Mr. Carper stated he, personally, believes the proposed improvements will impact it significantly. Discussion ensued. 10. Reports and/or requests from City Commissioners and City Attorney Item lOB was taken out of sequence and acted on at this time. B. Discussion on appeal process. Commissioner Beckenbach asked that this item be taken off the agenda because he wanted to speak with Alan Jensen to discuss the appeal process, stating he will call him this week. A. Discussion on developing an ordinance to change one Commission meeting a month to a workshop. Commissioner Beckenbach stated there was a consensus at the workshop to ask staff to move forward with an ordinance that takes into consideration the issues of the bi-yearly election cycle and swearing-in at the regular meeting in November, as well as the December workshop and regular meeting schedule. He stated he would like to ask that staff work with Mr. Jensen to prepare an ordinance to have one workshop and one meeting per month. Commissioner Daugherty stated as he had to leave the workshop early, he was not sure what the consensus was. Commissioner Beckenbach stated it was to move forward with an ordinance that would allow for that to be voted on. Commissioner Daugherty asked for what to be voted on. Commissioner Beckenbach stated the change to the workshop and taking into consideration all of the changes that would need to be done to the ordinances that are already there. Mr. Hanson clarified that Commissioner Beckenbach is asking staff to work with Alan Jensen to prepare an ordinance to move to one regular meeting a month and one workshop a month and take into consideration all the various portions of the City Code that need to be changed to make it as workable as possible and bring it back for a first reading. Mayor Bomo stated he is not in favor of this; he doesn't think it is broken and doesn't think it needs to be fixed. He stated they discussed other ways this could be addressed by putting workshops in front of regularly scheduled meetings. He stated he believes delaying the work of the City and making these changes is January 28, 2013 REGULAR COMMISSION MEETING Page9 counter-productive. He stated there is a simpler approach that would serve the same purpose they are looking to do. He reiterated he is not in favor of this at all. Commissioner Woods stated part of the discussion was elimination of that extra meeting they have been having and there would be opportunities to have any urgent business taken care of so City business would not suffer. Mayor Borno stated the way he sees this is what they are doing is delaying and having two weeks after a workshop before they actually take action. He stated the Commission is elected to serve and do what they are there to do and make the decisions and they haven't had any difficulty up to this point that he can see. Commissioner Daugherty stated he was in agreement with the Mayor. He stated this could almost double the time it takes to do some things. He stated the question he posed to Commissioner Beckenbach at the workshop was what was the problem they were trying to solve by doing this. He stated he was told that citizens don't get enough time to adequately research an issue. He stated a simple solution was to move back when the agenda comes out. City Clerk Bartle stated the minutes were the only concern she had in doing this, but the bigger concern was the City Manager having the information together to give to the Clerk's office to do the agenda. She stated if they had it in hand it would not be a problem, if they could slide the minutes and do something different with them. She stated they normally have the agenda emailed on Tuesday, unless it is a holiday. She stated staff has to get the items to the City Manager who reviews it and then he gives it to us and we can put it together within a day. Commissioner Daugherty stated instead of changing completely the way they do things, the problem that they are trying to solve is the Commission and citizens having enough time and getting the agenda out before the newspaper writes their articles so they can report on what is going to happen, instead of what happened. He reiterated he believes a simple solution to fix the problem is to direct staff to have the agenda out on Friday; let them figure out how to do it. Commissioner Woods stated she believes they have already gotten consensus on the direction they want to go. Mayor Borno stated they are saying citizens need to have time to research the agenda. He stated he has never failed to be contacted by anyone who had any concern about anything that was on the agenda. He asked the Commissioners if they had experienced any difficulty with somebody calling them and telling them that had not had sufficient time to research the agenda, or they are confused or have a question they want answered. Commissioner Beckenbach stated he ran on this specifically. He stated there was an episode that occurred a few years ago where there was a decision that was going to be made that people in Oceanwalk did not hear about pertaining to the piece of property behind the houses of Oceanwalk. He stated what happened was somebody had heard about it on that Friday night, then people ran around like crazy handing out sheets in order to have enough people here on Monday, and they did fill the place at that point. He stated that one person had found out that Friday, because it was not in the newspaper and it was very difficult to talk to any of our Commissioners at that point. He stated they had a changeover on that Monday, in which the Mayor at that time, said they saw everybody here and they should put off the vote, which they did. He stated he does not believe anything like that should happen again and his feeling is, in order to prevent it and have the citizens aware of what is going on on a regular basis that they should have the newspaper be able to report on what is going to happen, not on what happened. He stated then if you read something in the newspaper and January 28, 2013 REGULAR COMMISSION MEETING Page 10 you don't like it, then you have that opportunity to turn to any of the Commissioners. He stated what they do is end up making the decision and then they get a phone call afterwards asking why they voted that way. He stated that is the explanation of why he feels we need the citizen involvement and it might not be a thousand citizens who are going to jump at it. He stated, in reality, there were enough citizens who were right behind his house and along the entire area that it did affect and it affects them still. He stated that is the reason he ran and the reason he is asking for the ordinance change. Mayor Borno stated he should take into consideration that since that time, when the agenda is sent out electronically to the Commission on Tuesday or Wednesday it also goes to the press. City Clerk Bartle stated, yes, we email it to the press. She stated as soon as the agenda is completed it is emailed to a list of recipients, including the Commission, Department Heads and the press. It is currently set up to post on the website on Thursdays. She stated the reason for that was because the Commission wanted to be able to see the agenda and get familiar with it before they started getting calls from the citizens. She stated if they would not worry about that, it might help if we could post it to the website soon after it is emailed to the recipient list, which would give an extra day and a half in most cases. Mayor Borno stated it doesn't bother him either way, who sees it or when. Discussion ensued about whether a motion was needed, with Commissioner Beckenbach stating his understanding was that he didn't have to do that. He stated he understood all he had to do was get a consensus, which was at the one meeting, and then move forward with it as far as the staff putting the ordinance on the agenda. Commissioner Daugherty stated he would like to have some input on this when it comes up and he will not be at the February 11 meeting and asked if they could have it on the agenda of the following meeting. Commissioner Mark asked if Commissioner Beckenbach was directing staff to draft an ordinance for the Commission to consider. Commissioner Beckenbach stated yes. Discussion ensued as to the direction to take. City Attorney Jensen stated he would like to prepare the ordinance, as Commissioner Beckenbach discussed, and send it to him for approval, then it will go to Jim Hanson, Donna Bartle, etc. and then the Commission can decide when they want to put it on the agenda. B. Discussion on appeal process. This item was taken out of sequence and acted on earlier in the meeting. Commissioner Woods • Stated with the election coming up this summer and believing it is very unsafe the way politicians and sign wavers gather at 5-points, she would like to put on the agenda to discuss whether they put something in the ordinance to eliminate sign waving at the 5-points. • Invited Commissioners to the webinar on "How Government Can Meaningfully Engage Communities with Civic Ideas" on 1/31/13 at 1 :00 p.m. in the Chamber. She stated the Public is invited. • Reported the student who was going to help with the online survey is not going to be able to assist due to taking on more hours at work. Commissioner Mark • Reminded everyone that the Jax2025 visioning workshop is this Saturday, February 2 from 9:00- 11 :00 at the Prime Osborn and encouraged the elected officials to attend. January 28, 2013 REGULAR COMMISSION MEETING Page 11 • Asked the City Manager what the total amount of the energy grant was. Mr. Hanson stated there were two grants that totaled over $300,000. Commissioner Mark stated she believes the benefit outweighed cost and ongoing cost. Mr. Hanson stated even if the City paid for it out of our own pocket, there would have been a reasonable payback because they were 100% grants. He stated our only cost was in administration so we recouped our cost in less than a year, but even without a grant, had we done it we would have had a 7 or 8 year payback. Mayor Borno stated the key to why there was a report was that it had been requested as to what the cost impact was to staff for a grant and it was for informational purposes. City Attorney Jensen • Asked if the Commissioners want an ordinance to ban candy flavored tobacco sales in the City. The consensus was yes. Mr. Jensen stated he will prepare the ordinance. Mr. Hanson asked what is the likelihood that Atlantic Beach may become a test case in Florida and have to expend a lot of resources to fight that. He asked what other cities in Florida have done this or are we on the cutting edge and likely to get a challenge from the tobacco industry. Mr. Jensen stated he can't guess whether someone might sue us or not. He referred to the Memorandum of Law he received from the City Attorney's office in Gainesville from January of last year answering the questions of whether the Federal law or Florida law preempts cities from enacting an ordinance banning these types of things and the conclusion was that it did not. He stated since then there have been a number of cities that have adopted similar ordinances, the most recent was passed on January 23, 2013 by Miami-Dade County. He stated if Atlantic Beach passes one and the tobacco industry decided to sue us, he believes we would be able to get a lot of help. Commissioner Woods asked about contacting the other beach cities to see if they wanted to join us in this and they all could have the same ordinance going forward at the same time, as a sign of solidarity. She stated it would have a lot more effect if these sales were prohibited in all three beach cities. Mr. Jensen stated he would be happy to prepare the ordinance and if the Commission passes it then it would be up to the elected officials to contact the other beach cities or direct how they want that done. Mayor Borno stated we lead and they follow. MayorBorno • Stated he regretfully has commitments on January 31 and February 2 and will not be able to attend either function mentioned above. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:03p.m. ATTEST: Donna L. Bartle, CMC City Clerk MikeBorno Mayor/Presiding Officer Minutes of Commission Briefing January 24, 2013 Present: Mayor Mike Borno, Mayor Pro Tern Maria Mark, Commissioners Mark Beckenbach, Jonathan Daugherty and Carolyn Woods, City Manager Jim Hanson, Utility Director Donna Kaluzniak, Public Works Director Rick Carper, IT Director Keith Randich, City Clerk Donna Bartle, Recording Secretary Nancy Bailey, Beaches Leader Reporter Alexi Strong and four citizens. Mayor Borno called the meeting to order in the Commission Chamber at 3:02 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on January 28,2013, as follows, with Mr. Hanson reporting on each item: 1. Commission Meeting January 28, 2013 • 7A-Budget ordinance for Jag grant and two grant applications. • 8A-Irrigation report for Selva Marina Country Club. Following Mr. Hanson's report, he and Ms. Kaluzniak also answered questions from the Commission on this item. • 8B -Copper mixing zone study • 8C -Videotaping of meetings. Mr. Randich reported on this item, explaining the options available. He further explained the Laserfiche system. He answered questions from the Commission. He also explained the upgrades IT is working on. • 8D-Early openings for Dutton Island. Mr. Carper reported on this item. • 8E-Fleet Landing bonds. Mr. Hanson explained they have engaged Peter Dame as the City's bond counsel, who will be at the Commission meeting on Monday to answer questions. • 9 A -City Manager Reports ~ Cost for grant administration. ~ Hazardous waste collection drives. ~ Strategic plan quarterly report. ~ Commission meeting schedule and input from Alan Jensen. ~ Rose Park and Marsh Plan design status. Mr. Carper distributed conceptual designs and aerial photos to the Commission and reported on the status of these two designs. He answered questions from the Commission. Several comments were made regarding where the parking is located for Rose Park and suggestions to change the location to another area. • 1 OA -Change to one meeting/month. Commissioner Beckenbach reported on this item explaining his recommended changes. City Attorney Jensen gave his input, listing the Charter and Code items this change would affect. Discussion ensued. • lOB-Discussion on appeal process. Commissioner Beckenbach and City Attorney Jensen reported on this item. Mr. Jensen also distributed a copy of a Defense and Settlement statement related to this. 2. Strategic Planning; schedule and process. Mr. Hanson stated he requested but has received no input from the Commission. 3. Tipping fee status -Mr. Hanson reported on the meeting with the City of Jacksonville staff. -COJ Solid Waste Committee meeting proposed for 2/14113 at 4:00p.m. to discuss tipping fees with beaches. 4. Regional Council is creating a committee on sea level rise. 5. Contract for dog training lessons for the general public will be brought to the Commission for approval soon. 6. Tour/dedication of the Waste Water Treatment Plant to be scheduled February. 7. Agenda Briefing Workshops; future schedule? Next meeting will be February 7 at 3:00p.m. 8. Commissioner Woods stated she wants to have a discussion on the Dog Ordinance, stating the City of Jacksonville is not providing the animal control services as stated in our Interlocal Agreement. 9. City Attorney Jensen is going to ask the Commission if they want him to prepare an Ordinance to ban candy flavored nicotine related products. The Mayor adjourned the meeting at 5:25p.m. Mike Borno, Mayor MINUTES OF THE WEBINAR SESSION PRESENTED IN THE COMMISSION CHAMBER JANUARY 31, 2013 AT 1:00PM City Commission Members present: Mayor Pro Tern Maria D. Mark Commissioner Carolyn Woods Staff present: City Manager Jim Hanson City Clerk Donna L. Bartle The purpose of this session was to present a webinar titled "Preparing for Civic Engagement Online in 2013: How Governments Can Meaningfully Engage Communities with Civicldeas™". The webinar session began at 1:00pm. Chris Rynders, VP of Market Development for Granicus, Michelle Fure, Outreach Coordinator for Metropolitan Council in MN, and Erin Bryce, Community Outreach Manager for City of North Port, Florida presented the webinar and answered questions from the online audience. Following the webinar session, a brief discussion ensued. It was agreed it would be appropriate to have a discussion on this topic during Strategic Planning. There being no further discussion, Mayor Pro Tern Mark declared the meeting adjourned at 2:15 p.m. Donna L. Bartle City Clerk Maria D. Mark Mayor Pro Tern