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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING February 25, 2013 IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods CITY HALL, 800 SEMINOLE ROAD 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. 10 A. Approve the minutes of the Regular Commission Meeting of February 11, 2013. B. Approve the minutes of the Special Called (Shade) Meeting of February 11, 2013. C. Approve the minutes of the Commission Briefing of February 7, 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. Bill Mayhew, 1870 N. Sherry Drive, read from a handout he prepared related to the City's current pension plan (a copy of which he distributed to the Commission), stating he believes the existing plans are too rich and should be frozen and reasonable defined contribution plans implemented or the benefit levels of the existing plans should be lowered to sustainable levels. Bert de Alejo, 5118 N. 56th St., Tampa, representing Avesta Homes, stated they purchased the old Atlantic Arms apartment complex and explained how they have renovated and cleaned it up. He explained his company purchases operationally or financially distressed apartment complexes and fixes them up. He stated they have renamed this complex Avesta Seaside. He answered several questions from the Commission. Mitch Reeves, 1663 Sea Oats Drive, clarified that he was filming the last Commission meeting to see what he could see from a single lens camera on an iPad. He stated he supports videotaping the meetings but cannot support spending $33,000. He stated it concerns him when he hears Commissioners say they have checked and we have the extra money. He stated there is a difference between a budget and an expense account and we have a budget. He would prefer someone looking at ways to reduce that budget so they all benefit from that down the road, rather than have them say we have extra money, let's spend it. He stated he would like to see them go ahead with the one camera to see how many people watch it. He also addressed Ordinance No. 5 -13 -58 related to the workshops, stating he is in support of that because he believes it would help the citizens and if it doesn't work they could change it back. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. February 25, 2013 REGULAR COMMISSION MEETING Page 2 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 Financial Report for December 2012, the Building Department Monthly Activity Report and the Utility Sales Report for January 2013, and the Public Works and Utility Departments Project Status Report as of February 12, 2013, Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods Votes. Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None, 7. Action on Ordinances A. 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. Motion: Approve Ordinance No. 543 -58 as read. Moved by Woods, Seconded by Mark Mayor Borno explained the Ordinance. February 25 2013 REGULAR COMMISSION MEETING Page 3 City Manager Hanson pointed out that they have advertised a final decision on the River Branch property for the meeting on March 25, so they have two alternatives. He stated if they adopt this for a first reading tonight and a second reading at the first meeting in March and the effective date is immediate then there would be no second regular meeting in March. He stated they can either change the effective date of this Ordinance to make it effective at the end of March, allowing for a regular meeting at the end of March where they can handle that item, or they will have to call for a special meeting as part of the workshop. Discussion ensued. Mayor Borno asked the City Attorney if they need to amend the Ordinance at this reading or can they do it at the second reading. City Attorney Jensen stated, either way, today or at the second reading. Mr. Hanson stated if the Commission would prefer to call a special meeting either he or the Mayor can do that so no action is necessary to amend this if that is the way they want to go. Mayor Borno asked that they consider for the final reading taking the workshop out of the third Monday of the month in December and move it to the second because he believes it affects people's plans for the holidays being that late in the month. Discussion ensued. Roll Call Votes. Aye: 4 — Daugherty, Mark, Woods, Beckenbach Nay: 1- Borno MOTION CARRIED B. ORDINANCE NO.20-13 -121, Introduction and First 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 -121 by title. Motion: Approve Ordinance No. 2043 -121 as read. Moved by Woods, Seconded by Beckenbach Mr. Hanson asked that they amend both the revenues and expenses for the acquisition of the River Branch property to increase both to $103,243. He explained they received an update from the River Branch Foundation that we expect to receive a check in that amount and then pay that amount for the final purchase of the property. He stated on the same note, the question came up at the workshop about the $5,000 deposit. He stated the Foundation expects that that deposit amount will be refunded to the River Branch Foundation, therefore, the total amount would wind up being paid both to the City and then out of our coffers to purchase the property. Amended Motion: Change Item 2 to $103,243 on expense and revenue sides. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended motion. Votes. Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED February 25 2013 REGULAR COMMISSION MEETING Page 4 8. Miscellaneous Business A. Request from Dutton Island Gardeners (DIG) asking for a waiver to serve alcohol in a City park. Genevieve Fletcher, 121 9th Avenue N., Jacksonville Beach, thanked the Commission for their support of DIG Local since its beginnings in 2011 as a community garden on Dutton Island Road. She further explained DIG Local's latest projects and explained their proposed brunch fund- raising event at Dutton Island Preserve on April 14. She stated they are hoping to include the serving of mimosas as a before brunch open mingle and requested approval of a waiver for the controlled use and consumption of alcohol in the designated campsite areas at Dutton Island on April 14, Motion: Approve waiver for DIG to serve mimosas at their event on April 14th with the following conditions: (1) Hire an off -duty Police Officer; (2) Alcohol shall remain at the event site, which will be the west campground; (3) Have the event in one seating at 11:30; (4) All participants will park off site at Donner Park and be shuttled to the event. Moved by Daugherty, Seconded by Beckenbach Commissioner Daugherty stated their event warrants this because it provides a service to our community and the funds raised go to support programs in our community. He stated he hopes they can support them and approve this waiver. Mayor Borno asked that it be clarified where the alcohol can be served. Ms. Fletcher explained they are requesting alcohol be served at the west and east campgrounds, stating the brunch will be at the east campground and right across is the west campground which is where the silent auction and open mingle will be. Amendment to Motion: Remove the west campground in the original motion and state alcohol shall remain at the event site. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Discussion ensued about shuttling and Ms. Fletcher stated they will make that happen. City Attorney Jensen stated they need to consider what precedent they may be establishing and what is to distinguish this group from any other 501(c)(3) charitable corporation wanting to have a private function in a public park and serve alcohol. He stated there are no specific provisions in our ordinances to waive that provision in Chapter 3. He stated the Commission has the authority to waive it but he stated he wants to make sure if they are going to do that they come up with a lot of distinguishing characteristics about this particular event that would separate it from any other that might apply to do something similar. Commissioner Woods stated the reason they are, as a Commission, approving this is that DIG is a local charity and the proceeds and their work directly benefits the Atlantic Beach community on many levels. She stated their projects are integrated in the Atlantic Beach community and they service Atlantic Beach, which she believes was the overwhelming factor considered. Mr. Hanson added staff has no objection because this is not a park where you have a lot of kids running around. He stated if they wanted to serve alcohol in Russell or Bull Parks it would be different. He February 25 2013 REGULAR COMMISSION MEETING Pate 5 stated for the principle of keeping alcohol away from young kids this is probably one of the best parks we have to do this in. Commissioner Woods asked the City Attorney if that needs to be in the motion. Mr. Jensen stated they just need to put in the record what their distinguishing characteristics are. Mayor Borno added that DIG was established with the Commission's approval and they are supporting one of our local Atlantic Beach charitable organizations and it is for the benefit of the Atlantic Beach citizens. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Approval of Police Union contract for October 1, 2012 thru September 30, 2015, Mr. Hanson stated the Police Union has voted to approve the proposals presented by the City through the negotiating process. He stated the contract has numerous changes to employee benefits as summarized in the staff report. He further explained the major changes to the Police Union contract. He also pointed out and explained an error related to the early retirement provision, stating they need to continue to offer an early retirement option for officers, which is a minimum standard set by the State. He stated, therefore, they will need to strike the line on the last page of the staff report that says, for members hired after 1 -1 -13 there shall be no early retirement provision. He also pointed out that the State Legislature is considering amendments to the law that may affect what they can do for the lower Defined Benefit plan benefits for new members. He recommended the Commission approve the contract. Motion: Approve the Police Union contract for October 1, 2012 thru September 30, 2015, striking the sentence "For members hired on or after January 1, 2013, there shall be no early retirement option" and authorize the Mayor to sign on behalf of the City. Moved by Borno, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Animal Control Office. Due to the absence of Chief Mike Classey, Mr. Hanson summarized the staff report looking at the possibility of adding an animal control office at the kennel. He explained preliminary estimates are that it would exceed $401000, it would need to be designed by an architect, we would have to have an office and bathroom built, HVAC and plumbing systems put in, IT wiring, etc. to turn it into a workable office. He stated this is a rough estimate and they could discuss this at budget time. 90 City Manager A. City Manager's Report, City Manager Hanson reported the evenings of March 12, 13, 14 are the tentative dates for strategic planning. He also reported they received the Special Magistrate's recommendation on the impasse with the Blue Collar Union late this afternoon, he has reviewed it quickly and it is very favorable to the City. He stated he will try to get it out to the Commission tomorrow, stating by State law he has to formally get it out with a February 25, 2013 REGULAR COMMISSION MEETING Page 6 recommendation, but given that it is favorable, he knows what the recommendation is going to be. He stated it is probably best not to discuss it publicly at this point in order to let the Union get it out to their employees so they can have some input also. 100 Reports and /or requests from City Commissioners and City Attorney A. Discussion on going paperless with agenda packets. Commissioner Daugherty stated as discussed at the workshop they will defer this until strategic planning. Commissioner Woods • Stated they have been contacted about participating in Earth Hour on March 23 and would like them to consider it as a city. She explained people all around the world are going to shut off as much electricity as they can for an hour at 8:30 p.m. She stated it is sponsored by the World Wildlife Fund, explaining it is to acknowledge the increasing extreme weather and related power outages that are going on throughout the world. She encouraged everyone to participate and would like the City to do what we can. Mayor Borno asked if they want to put a Resolution through to designate this event. Commissioner Woods stated that would be good. • Stated she wants everyone to consider that they go ahead with design competition to give them some options for the police building and maybe include the Animal Control facility as well. Mayor Borno • Represented the TPO and the City with a voice at the Society for Marketing Professional Services E- week Transportation Summit on February 20 at UNF. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:38 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno Mayor/Presiding Officer MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON FEBRUARY 25, 2013 AT 4:30 PM City Commission Members present: Mike Borno, Mayor Maria Mark, Mayor Pro Tem Mark Beckenbach, Commissioner Jonathan Daugherty, Commissioner Carolyn Woods, Commissioner Staff present: Jim Hanson, City Manager Michael Griffin, Building & Zoning Director Tiffany Layson, Commander — Police Department Vic Gualillo, Commander — Police Department (arrived at 5:25) Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Also present: Melody Bishop, Akel Logan Shafer The meeting, which was held for the purpose of discussing the police building project and to review the plans with Melody Bishop, was called to order at 4:33 p.m. by Mayor Borno. Melody Bishop, Akel Logan Shafer, 704 Rosselle St., Jacksonville, stated she was here to gather the Commission's input and discuss the alternatives for the building with the idea of collaboration to get it down to one or two options and determine how to move forward from there. Mayor Borno clarified they are not talking about designing anything but rather determining the feasibility of using this site or not using this site. She gave a slide presentation of the current site using overlays to show the various renovation options and reviewed the plans with the Commission. Discussion ensued regarding the flood plains, with Building and Zoning Director Mike Griffin further explaining the 500 -year and 100 -year flood plains, pointing out where they fall on the overlays in the slides Ms. Bishop presented. Mayor Borno reiterated they need to concentrate on whether the current site is feasible or not feasible. Ms. Bishop asked each Commissioner to choose from a selection of options she presented for the existing site as well as Mayport Road one option they prefer and one option they are opposed to. She explained this is just intended to be a straw poll right now. Commissioner Woods stated they also need to decide what services the community wants the Police Department to provide. Commissioner Mark stated they need to determine the size of the building and the budget. Mayor Borno stated you don't design a police station based on emotions, etc., you design it on what the police department that provides your services currently needs to operate. He stated they are hamstrung right now with a facility that does not function. Minutes — City Commission Workshop Page 2 February 25, 2013 Commissioner Daugherty stated what the Police Department needs is office space, dispatch, storage, holding cells and a sally port area. Discussion ensued. Ms. Bishop stated they need to determine if a building on this site can physically work. Discussion ensued related to the cost of buying a site on Mayport Road and Commissioner Beckenbach stated he has seen 1 -acre sites on Mayport Road for $375,000. After further discussion, it was the consensus of the Commission that they are willing to look at sites other than the existing site, i.e. Mayport Road. Mayor Borno stated he will put on the next agenda to hire an architect to do an analysis on an offsite piece of property and work with the Police Department. He stated when they get that back that will become their next decision point. Ms. Bishop stated once they have determined a site that will work, it will be easy to do a design/build bid package or have teams come in and present what they would do on the site. She suggested the Commission give themselves a timeframe for the steps of what they want to do. Discussion ensued. Commissioner Woods asked how they make a proposal to get multiple options. Ms. Bishop stated they could make it a competition. They would be getting a group of architects presenting various versions of what it could look like. Commissioner Woods stated she would like different groups to make proposals to us. Ms. Bishop stated she believes they need to get a handle on what they need before they send it out or they will get such differing concepts that they will be back to square one. Commissioner Woods stated if they make it a design competition they should give them enough parameters so they know what we are looking for and they will use their design capabilities, giving us different options. Commissioner Beckenbach stated he understands from the Committee that design/build is the most reasonable of all the ways to look at a design. Ms. Bishop stated if they were to do something like this, they should also say they want to see three or four different characteristics. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 6:09 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk Minutes of Commission Briefing February 21, 2013 Present: Mayor Mike Borno, Mayor Pro Tern Maria Mark, Commissioners Mark Beckenbach, Jonathan Daugherty and Carolyn Woods, City Manager Jim Hanson, Sue Danhauser, Human Resource Director, City Clerk Donna Bartle, Beaches Leader Reporter Alexi Strong and 4 citizens. Mayor Borno called the meeting to order in the Commission Chamber at 3:00 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on February 25, 2013, as follows, with Mr. Hanson reporting on each item: 1. Commission Meeting February 25, 2013 • Workshop on Police Department Building to be held at 4:30 prior to the Commission Meeting on February 25, 2013. City Manager Hanson reminded everyone about the workshop and noted the need to finish by 6:00 pm in order to set up for the regular meeting at 6:30 pm. • 7A — Ordinance to change Commission meeting dates (Commissioner Beckenbach). Mr. Hanson explained this ordinance was initiated by Commissioner Beckenbach. Commissioner Beckenbach reported it has been simplified from the previous version and City Attorney Jensen has no charter issues with it. • 7B — Ordinance to amend budget. Mr. Hanson explained the three items in the budget amendment. • 8A — Waiver to serve alcohol on Dutton Island (Commissioner Daugherty). Mr. Hanson explained that since he did not have authority to approve the request, Commissioner Daugherty agreed to put it on the agenda. He explained the request and made suggestions to consider while deciding whether or not to approve. Discussion ensued. • 8B — Police Union contract approval. Mr. Hanson explained the Police Union voted last Friday to approve the proposed contract and he reminded everyone about the Shade meeting immediately following this briefing. Human Resource Director Sue Danhauser gave an overview of the contract changes including leave accrual level, payout, accrual, and sell back, pay increases, pension contributions, longevity pay, and pension changes which will require ordinance changes. Discussion ensued. Commissioner Beckenbach requested a software program be made available at shade meetings to calculate costs and savings while discussing changes to benefits such as pension. • 10A — Going paperless with agenda packets (Commissioner Daugherty). Commissioner Daugherty stated he is proposing to request staff to research the options available to go paperless. The Commission discussed whether it would be more appropriate to have it as a topic for Strategic Planning in order to give it the time it needs. Commissioner Daugherty agreed to hold off until Strategic Planning since the sessions are being scheduled soon and there will be other IT topics to discuss. 2. Agenda Briefing Workshop, Thursday, March 7 at 3:00 p.m.? Mr. Hanson asked if the Commission wants to have an Agenda Briefing on March 7th. The Commission agreed to have it, but Commissioner Beckenbach stated he will not be in town so he requested that he be Skyped in, if possible. The City Manager agreed to look into it. 3. See recordings of one - camera and three - camera recordings of meetings from other cities (Commissioner Beckenbach). Mr. Hanson asked the Commission if the recordings could be shown at another time since this meeting was to be over by 3:30 pm and time has run out. City Clerk Bartle suggested that they have the links provided to them so they can view the recordings on their own. The Commission agreed. 4. Adjourn to Shade Meeting on Union Negotiations. The Mayor adjourned the meeting to the Shade Meeting at 3:34 p.m. Mike Borno, Mayor MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON FEBRUARY 21, 2013 ----------------------------------------------------------------------------------------------------------- ---- -- PRESENT: Mayor Mike Borno Mayor Pro Tent Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Sue Danhauser, HR Director The Mayor called the meeting to order at 3 :38 p.m. in the City Hall North Conference Room for the purpose of discussing matters related to negotiations for the Blue Collar Union Contract. The meeting was adjourned at 4:01 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk