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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING February 11, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Jonathan Daugherty Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. the Pledge of Allegiance to the Flag. Commissioner Mark gave the Invocation, followed by 1. A. Approve the minutes of the Regular Commission Meeting of January 28, 2013. B. Approve the minutes of the Commission Briefing of January 24, 2013. C. Approve the minutes of the webinar "Preparing for Civic Engagement Online in 2013: How Governments Can Meaningfully Engage Communities with CivicldeasTM" of January 31, 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. John November, 647 Beach Avenue, addressed the Commission regarding the Marsh Preservation Society's goal of preserving the marshes, stating through the generosity of the River Branch Foundation they have been able to add the River Branch Preserve and two new preserves that run along Dutton Island Road. He stated they are taking the actions to insure that not only this generation, but generations to come will be able to enjoy the same natural beauty. He stated River Branch Foundation has acquired another piece of land on the marsh front. He stated Mr. Parks, who is the homeowner of that property, has been dedicated in assuring that this land went into conservation. He stated he believes it would be fitting that this island be known as Parks Island. He further stated they need to have visioning in looking toward the future and understanding how important it will be to have these beautiful little parks and entranceways sprinkled throughout our city. He also spoke in support of videotaping the meetings. Sally Clemens, 1638 Park Terrace West, she stated she is in favor of Option 1 or 2 for videotaping and asked where in this year's budget are the unused allocated funds that can be applied to this. She believes either of these options would give the opportunity to learn if this is utilized and beneficial to our citizens. She stated the City needs to decide the difference between needs and wants. She stated the Commission and citizen attendees will benefit because the long discussions with repeats would be reduced because the taping would enlighten all to how much of this is redundant. February 11, 2013 REGULAR COMMISSION MEETING Page 2 John Zona, 2600 Belfort Rd., stated he previously discussed an alternative option for the police station and a couple of the Commissioners persuaded him to come here and share his experience in dealing with RFPs that would provide an alternate procurement method for them to see what is available out there from the developers, architects, and general contractors who would team up to propose a building. He stated he put together a few points, which he distributed to the Commission, and stated he could answer their questions. He stated they may need help in putting this RFP together and he would be happy to do that for no charge but does not want to be ruled out of being on one of the teams that may want to compete for it. Mitch Reeves, 1663 Sea Oats Drive, thanked Mayor Borno and Commissioners Woods and Mark for attending the Save the Ferry task force meeting last week. He stated they will make these monthly meetings now. He reported the ferry is moving ahead but is not saved yet, stating but when you have someone like Bill Gulliford supporting you and behind you it is kind of hard not to be a winner. He stated the ferry is not just about the ferry itself, it is about AIA and they have teamed up with the Greenway, which goes all the way from Key West to Maine, and if they cut off the ferry they cut off the only Greenway there is for bicycles and hikers. 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 List of New Business Taxes for January 2013. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Beckenbach, Seconded by Mark Votes: Aye: 4 — Beckenbach, Mark, Woods, Borno Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions February 11, 2013 REGULAR COMMISSION MEETIN G Paoe 3 A. RESOLUTION NO. 13 -02 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS HEALTH CARE FACILITIES REVENUE AND REFUNDING BONDS (FLEET LANDING PROJECT), SERIES 2013A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $46,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., A FLORIDA NOT - FOR - PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2013A BONDS, FOR THE PURPOSES OF (A) FINANCING OR REFINANCING ALL OR ANY PART OF THE COST OF A CAPITAL PROJECT (INCLUDING LAND) FOR THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION, (B) REFUNDING THE OUTSTANDING CITY OF ATLANTIC BEACH, FLORIDA HEALTH CARE FACILITIES REVENUE REFUNDING BONDS (FLEET LANDING PROJECT), SERIES 1999, (C) REFUNDING THE OUTSTANDING CITY OF ATLANTIC BEACH, FLORIDA VARIABLE RATE DEMAND HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2006, (D) FUNDING A DEBT SERVICE RESERVE FUND FOR THE SERIES 2013A BONDS AND (E) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2013A BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2013A BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2013A BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2013A BONDS; AUTHORIZING A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2013A BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2013A BONDS AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2013A BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Borno read Resolution No. 13 -02 by title. Motion: Approve Resolution No. 13 -02 as read. Moved by Woods, Seconded by Mark Mayor Borno explained the Resolution. Peter Dame, with Akerman Senterfitt, 15 N. Laura Street, stated the Commission has the letter they wrote explaining what they did and what they looked at to make sure the City was protected. He stated most importantly there are no City revenues or credit pledged. Votes: Aye: 4 — Beckenbach, Mark, Woods, Borno Nay: 0 MOTION CARRIED Commissioner Woods asked when they are planning to have an opening ceremony for the new facility. Joshua Ashby, 1 Fleet Landing Blvd. Chief Executive Officer at Fleet Landing stated they will be back before the Commission later this year. He stated this is a refunding of an existing debt and they will come back at the end of the third quarter as they work with their bond counsel and underwriters to do another issue to pay for those new additions and he would anticipate a ground breaking ceremony in the winter of 2014. February 11 2013 REGULAR COMMISSION MEETING Page 4 7. Action on Ordinances A. ORDINANCE NO. 20-13-120, Public Hearing and Final Reading 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 Borno read Ordinance No. 20 -13 -120 by title. Motion: Approve Ordinance No. 20 -13 -120 as read. Moved by Mark, Seconded by Woods Mayor Borno summarized the Ordinance. He opened the Public Hearing. No one spoke so he closed the Public Hearing. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 5-13-58, 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, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -13 -58 by title. Commissioner Beckenbach explained there was a request for changes to the wording and dates and asked that they move this to a workshop again before the next meeting. Motion: Defer to workshop before the next meeting. Moved by Beckenbach, Seconded by Woods City Manager Hanson confirmed that this would defer it to the next meeting and it would be discussed at the workshop before the meeting. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business Item 8H was taken out of sequence and acted on at this time. 8H. Donation of Property to Expand River Branch Preserve. City Manager Hanson explained the donation, showing a slide of the property location. February 11, 2013 REGULAR COMMISSION MEETING Page 5 Motion: Direct staff to prepare a budget amendment to provide accounts for the revenues and expenses related to the purchase of this property. Moved by Woods, Seconded by Beckenbach City Attorney Jensen clarified that the contribution to the City will include the 6% real estate brokerage fee. Mr. Hanson recognized Judith Larue, Director of the River Branch Foundation, in the audience. Mr. Hanson stated there is a conservation easement that will be included on this property. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED A. Pedestrian/Bike Education Campaign. Chief Classey reported the first pedestrian/bicycle education campaign will be held February 28 -March 10 which he explained in detail. He further stated the Traffic Planning Organization (TPO) has volunteered to fund all costs related to the campaign. He stated the campaign slogan is "Yield to Life, Look All Ways ". He stated Commander Tiffany Layson and Officer Chase Jamison were instrumental in putting this together and working with the TPO. He answered several questions from the Commission. B. Animal Control Facility. Chief Classey summarized his staff report explaining the construction necessary to install six dog runs. He further stated if they were to renovate he would also recommend expansion of the facility, which he detailed. He stated the dog runs and expansion would cost around $30,000. He pointed out there is a cost savings involved with the dog runs in that currently the Animal Control officers go twice per day /per dog to give them walks. He stated reducing that would save about $8,000 /year. He stated this is being presented for the Commission's information and consideration at this point. He answered questions from the Commission. Mayor Borno pointed out that they could always use donations of blankets and canned food. C. Police Department Annual Report. Chief Classey summarized the annual report explaining there was a 22% drop in crime and believes about 17% was due to the closing and renovation of an apartment complex with many people moving out, leaving the complex vacant most of 2012. He stated emergency response time is less than 2 and a half minutes. He answered questions from the Commission. D. Videotaping Commission Meetings. Commissioner Woods explained why she is in favor of Option 3 in her report. Commissioner Beckenbach explained why, after researching the various options, he too is in favor of multiple cameras. Commissioner Mark stated due to the capital cost of this item and the ongoing monthly cost to operate the system she believes this is a strategic planning workshop item and does not believe the benefit outweighs the cost. She stated she has submitted a letter to the editor asking for citizen input on this. Mayor Borno stated he is not against the idea but believes they should go through the process of strategic planning which establishes their budget. He stated then when they do it they would have good numbers and he would be in favor of the three cameras with the indexing. Commissioner Mark stated she agrees February 11 2013 REGULAR COMMISSION MEETING Page 6 with the Mayor and she supports this but she does not support investing this kind of money until she knows it will be something that will benefit the majority of the community and not just a few. After further discussion, it was the consensus of the Commission to bring this item to strategic planning. E. Online Searches of Public Records. Commissioner Woods stated she believes this would benefit staff by freeing up time that is being used on requests for information. Mayor Borno stated in her report, Commissioner Woods states there are no additional funds required, unused already allocated funds are available in the current budget. He asked where are these funds from. Commissioner Woods stated she spoke with Finance Director Nelson Van Liere who told her there are plenty of funds that are there, not necessarily from one specific spot. She stated he mentioned positions that had not been filled throughout the year, etc. City Manager Hanson stated there are funds in the budget that are above the 25% contingency in the general fund, which is where this would come from. He stated if they want to budget it that is fine but he cautioned them from trying to pick from one place or another where they are under budget because there are other places where we are over budget. He stated if they want to go ahead, the right way to do it is to authorize a budget amendment and they will take it out of fund balance. Discussion ensued. Motion: Direct staff to identify funds to purchase and install the Laserfiche web link module for $15,000 and the yearly maintenance and support fee of $2,000, and create a prominent link for citizens to use for public records searches on our City website to include a budget amendment to support the motion. Moved by Borno, Seconded by Beckenbach Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED F. Campaign Sign Waving at 5- Points Intersection. Commissioner Woods stated as a safety issue she recommends eliminating sign waving during the campaign season at the 5- points intersection. City Attorney Jensen stated this would be a violation of first amendment rights, not only the right of free speech, but the right to peaceably assemble. Commissioner Woods stated she is not advocating no campaign sign waving, just as a safety issue, in this one particular spot. City Attorney Jensen stated it is public property /private property and they have the right to assemble and the right to free speech. Commissioner Woods stated there are other instances where that freedom to assemble and voice your opinion anywhere at any time are limited. She stated she is simply looking at this as a safety issue. City Attorney Jensen stated he agrees that it is more than likely a safety issue but he doesn't know how it can be eliminated without violating people's first amendment rights. Commissioner Beckenbach stated if there is a safety issue he believes the campaigners can get together to discuss it, but he doesn't believe the authority should be in a ordinance form in order to prevent somebody from waving their signs. He stated if Commissioner Woods, personally, feels as though this is really a safety issue then he would suggest she go over to the other campaign and discuss it. Commissioner Woods stated she really doesn't like it and they should not be surprised if they don't see any of her signs there. February 11, 2013 REGULAR COMMISSION MEETING Page 7 G. Board Member Review Committee Recommendation for appointment to the General Employees' Pension Board of Trustees. Due to Commissioner Daugherty's absence, Mayor Borno explained the Board Member Review Committee met to fill one vacancy on the General Employees' Pension Board of Trustees and it was their recommendation to appoint Mike Diaz to fill the unexpired term of Bob Sternfeld on the General Employees' Pension Board of Trustees beginning immediately and expiring on September 30, 2015. Motion: Appoint Mike Diaz to fill the unexpired term of Bob Sternfeld on the General Employees' Pension Board of Trustees beginning immediately and expiring on September 30, 2015. Moved by Borno, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED H. Donation of Property to Expand River Branch Preserve. 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 a meeting with JEA related to the electrical usage by the City. He showed slides explaining the demand and consumption showing the usage is plummeting, which he believes is due to the energy grants the City received to replace the HVAC units and ball field lights, automatic sensors on lights in the offices, etc. He stated this is also a result of the City eliminating one of the wastewater plants. He further announced there will be a dedication and tour of the wastewater plant on Wednesday, February 20, at 4:00 p.m. and the public is invited to attend. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Beckenbach • Thanked Judith Leroux and the River Branch Foundation for all of the work they have done over the last years, stating they have been instrumental in expanding our parks. Commissioner Woods • Reminded everyone of Mr. Zona's outline for RFPs for the police building and asked that the Commission take the time to look at it and give him a call if they have any questions. Commissioner Mark • Gave an update on the Selva Marina Country Club meeting, stating they have a signed contract with the developers and are now starting their due diligence. • Reported the Florida Department of Transportation has pledged $3 million to finish the connection of what will be part of the East Coast Greenway bike trail that will connect Ft. George via the ferry through Hanna Park. • Was happy to see Commissioner and Mrs. Beckenbach and Commissioner and Mr. Woods at the JCCI Visioning workshop. February 11, 2013 REGULAR COMMISSION MEETING Pale 8 Mayor Borno • Stated he had the honor to represent the citizens of Atlantic Beach at the Four Chaplains ceremony, explaining the background of the Four Chaplains. He stated this is held every year on February 3. • Recommended the Commissioners look at their schedules from February 26 through March 16 for their availability for the strategic planning dates. He stated they need to then check with Walt McBride, the facilitator, for his availability during that period, if they are in agreement to use him again. Mr. Hanson stated staff will call them with some dates. • Asked staff to draft a thank you letter to Ms. Leroux and Mr. Parks for the Commission to sign, after the closing. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:15 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno Mayor/Presiding Officer MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON FEBRUARY 11, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Sue Danhauser, HR Director John Dickinson, Partner /Office Head — Constangy, Brooks & Smith ABSENT: Commissioner Jonathan Daugherty (Phoned in to participate in SHADE meeting) The Mayor called the meeting to order at 5:00 p.m. in the City Hall North Conference Room for the purpose of discussing matters related to negotiations with the Police Union. The meeting was adjourned at 6:14 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk Minutes of Commission Briefing February 7, 2013 Present: Mayor Mike Borno, Mayor Pro Tem Maria Mark (left at 4:17), Commissioners Mark Beckenbach, Jonathan Daugherty (arrived at 3:19 pm) and Carolyn Woods, City Manager Jim Hanson, City Clerk Donna Bartle, Beaches Leader Reporter Alexi Strong and seven citizens. Mayor Borno called the meeting to order in the Commission Chamber at 3:01 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on February 11, 2013, as follows, with Mr. Hanson reporting on each item: Commission Meeting January anuary 28, 2013 • 6A - Fleet Landing Bonds; attachments sent via e-mail but not hard copy and are available online. • 8E — Online Searches of Public Records. Commissioner Woods explained this topic was discussed at the last meeting. • 8F — Campaign Sign Waiving at 5- points intersection. Commissioner Woods explained her request and City Manager Hanson indicated it may be necessary to ask Alan Jensen for his comments regarding freedom of speech. • 8H — Donation of property at River Branch Preserve. Mr. Hanson explained this was added as an amendment to the agenda on Tuesday and the intent is for them to give us a check and we close in April. • 9A - City Manager Reports ➢ Electric Usage. ➢ Code Sec. 3- 11(b). Requested feedback and guidance on interpretation of the Code to determine the definition of "festival" as it is referred in this section. The Commission believed that a festival is a large event which is open to the public and involves multiple groups and gave MarshFest and Arts in the Park as examples. • 7B - Ordinance on changing regular meeting schedule. Commissioner Beckenbach explained his proposed ordinance to have one workshop and one meeting per month. • 8A — Pedestrian/ Bike Campaign. • 8B- Animal Control facility improvements. • 8D - Videotaping of Commission meetings. Commissioner Woods explained her proposed options. Commissioner Beckenbach requested a brief demo showing same video of the camera options. 2. Request for funding portion of Town Center parking study. Reported the Town Center agency has hired consultants for $4,500 and is requesting Atlantic Beach to put in $500. 3. Prosecution of animal control cases by Duval County. Commissioner Woods indicated she is still getting information. Mr. Hanson indicated he would bring back recommendations. 4. Union Negotiation Status ➢ LIUNA (Blue Collar) Union impasse; briefs submitted to Special Magistrate. ➢ PBA (Police) Union. ➢ Negotiating session held February 6, 2013. ➢ Shade meeting February 11, 2013 at 5:00 pm. ➢ Magistrate Hearing scheduled Monday, February 18, 2013. Tipping fees — status report of discussions with Jacksonville. (Mayor Pro Tem Mark left at 4:17 pm) 6. WWTP dedication ceremony — February 20, 2013, 4:00 pm. 7. Agenda Briefing Workshop - Next meeting will be February 21, 2013 at 3:00 p.m. Commissioner Daugherty reported on the status of the Atlantic Arms apartments, his visit to Atlantic Beach Elementary and his meeting with Bill Bishop regarding the City of Jacksonville's involvement with the Marsh Master Plan and apologized for not being able to attend the upcoming Commission meeting. The Mayor opened the floor for citizen comments and two citizens, Sally Clemens and Bill Mayhew spoke. Mr. Hanson complimented Alexi Strong for her excellent article in today's paper regarding pension. Discussion ensued about pension. The Mayor adjourned the meeting at 4:40 p.m. Mike Borno, Mayor