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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING May 13, 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 Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of April 8, 2013. B. Approve the minutes of the Special Meeting of April 8, 2013 to hear the appeal of Special Magistrate's recommendations relating to the LIUNA contract and to consider benefits for non -union general employees. C. Approve the minutes of the Commission Briefing of April 4, 2013. D. Approve the minutes of the Strategic Planning Workshops for February 12, 13 & 14, 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. Mayor Borno welcomed the audience and explained the process for public comments. A. Proclamation for National Kids to Parks Day. Mayor Borno read the proclamation for National Kids to Parks Day proclaiming May 18 as the third National Kids to Parks Day, which he presented to National Park Ranger Dan Tardona. Mr. Tardona thanked the Mayor on behalf of the National Park Service and the Timucuan Preserve. B. Proclamation for National Public Works Week. Mayor Borno read the proclamation for National Public Works Week proclaiming the week of May 19 -25, 2013 as National Public Works Week which he presented to Public Works Director Rick Carper. Mayor Borno also thanked Public Utilities Director Donna Kaluzniak. Bill Mayhew, 1870 N. Sherry Drive, addressed the pension problems, costs and long -term yields. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. May 13 2013 REGULAR COMMISSION MEETING Page 2 3. Unfmished 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 Utility Sales Report and the Building Department Monthly Activity Report for March 2013. B. Accept the FY 2011 -12 audit report. C. Accept the Actuarial Valuation Reports for General Employees' and Police Employees' Retirement System for Fiscal Year ending September 30, 2012. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. Item 10A was taken out of sequence and acted on at this time. 10A. Update on Golf Course. Commissioner Mark gave an update report on the meeting with a representative of Selva Marina Country Club stating they discussed drafting a master agreement to address the Commission's points of concern with the development and the reuse system. She stated they are now looking at drafting a conservation easement and have met a representative from the North Florida Land Trust. She further touched on the fact that she had understood she was to be the one liaison from the Commission to work with the developer and the Country Club and while she commends Commissioner Daugherty in talking directly with the developer and Selva, she believes they need to have one voice in this project going forward. She passed out and read a document on talking points for when they are communicating with the citizens regarding what they are doing and why they are doing this, so they are speaking with one voice (which is attached and made part of this Official Record as Attachment A). May 13, 2013 REGULAR COMMISSION MEETING Page 3 Commissioner Beckenbach asked if there has been a written commitment for maintaining the greenspace for the future. He stated he believes they should have something in writing that will say they are going to have the conservation easement, as Commissioner Daugherty proposed. Commissioner Mark stated she has no objection to requesting that they have something in writing stating they are working on this diligently, but her concern is that if there are too many people involved in this process it could create more complications that are not really necessary. Commissioner Beckenbach stated he had no problem with her continuing as the liaison; what he was asking was is there something in writing now that says they are going to do this, because if they vote, this is $150,000 +1 - for Phase 1 and 2, which is a substantial amount of money the City is going to put out. Commissioner Mark stated they do not have an agreement like the one Commissioner Daugherty has proposed. She stated there is a master agreement being drafted that addresses these issues and others and the conservation easement is going forward. She stated there has not been a specific request to have the Country Club sign something giving specific promissory items as Commission Daugherty listed. Commissioner Mark stated this is something they have had opportunities in workshops to talk about and it could have been brought up at that time and now it is a backdoor to us now trying to move forward with it. She stated it was not so much that Commissioner Daugherty was proposing this amendment but the fact that they did not talk about it as a Commission at any of the workshops or any other opportunity and now it's here. Commissioner Beckenbach stated the reality was that at the last workshop it was brought up at the last minute and their conversation and knowledge of what was going on was limited. He stated he doesn't know if he totally agrees with Commissioner Mark. City Manager Hanson explained the time table they had been working on, until this last week when Commissioner Daugherty brought up a concern with it, was that they were intending to get a conservation easement in place and executed prior to the City signing off on a construction contract to build the reuse system. He stated this was going to line up with the developer's timeframe when they finished their due diligence work and were ready to make all their final commitments to go ahead with the project. He explained Commissioner Daugherty stated he would like to have some further assurances before the City even commits engineering dollars to this project, which is why there is a change in the timeframe for getting a commitment from the country club. Commissioner Daugherty further explained he did not approach the Country Club or the developer. He stated he expressed to the City Manager his concerns about spending $150,000 based on a promise. He stated he suggested Selva put up a Surety Bond that would reimburse us for our cost if the project didn't go through but was told Selva can't afford to do that. He stated after further discussion with the City Manager, Mr. Hanson called John Meserve at Selva who came to the City Manager's Office and they worked this out. He stated there was no intent to go behind someone's back or approach the developer directly. He stated, however, if he has a concern about the City doing bad business he will go to the City Manager. He stated he wanted to assure Commissioner Mark that he respects the fact that she is the liaison and attends the meetings and reiterated he was not attempting to go behind her back. Commissioner Woods stated she did not get the impression Commissioner Daugherty had gone behind anyone's back and wanted to point out in the "Respect" quote they all follow, they are supposed to refrain from put downs, criticisms and personal attacks and believe Commissioner Daugherty probably believes he has been a little attacked. She stated she also agrees this is a very rosy picture. She further declared she is a member and stockholder at Selva Marina and had asked the City Attorney to weigh in on whether she had a conflict of interest in voting on this issue. She stated she received his reply and believes he determined that if one is not going to profit financially the State wants you to vote. She stated she does not believe she will profit on the stock but stated she is biased as she enjoys being a member but she does not believe she has a May 13 2013 REGULAR COMMISSION MEETING Page 4 conflict of interest. She asked if anyone disagrees to please bring it to her attention before they get too involved with this. Mayor Borno stated there is such a thing in business as good faith and they started out in good faith working on this project and it now seems that they are trying to put in words a control factor and asked if it was warranted. Commissioner Daugherty stated this is a business deal. Mayor Borno stated he would now move item 8K up. Item 8K was taken out of sequence and acted on at this time. 8K. Selva Marina Reclaimed Facilities Engineering, Phase I RFP 07 -04. Motion: Authorize J Collins Engineering Associates, LLC to perform engineering services for Selva Marina Reclaimed Facilities for golf course irrigation in the amount of $98,900 and authorize the City Manager to sign the contract. Moved by Woods, Seconded by Mark Mayor Borno asked that Public Utilities Director Donna Kaluzniak explain the change in the dollar figure. Ms. Kaluzniak stated we have a very tight deadline if we are going to make water by the time they need water. She stated J. Collins Engineering had engineering for the reclaimed water facility already in the contract but the work was postponed waiting on negotiations with the golf course. She explained the challenges in addition to the tight deadline are getting additional water for the growing period. She stated the last proposal was for Phase I and Phase II which is different than what she has in her current plan. She stated the last proposal for Phase I was for a temporary facility just to get growing water for the golf course and while they were doing that they would complete the final golf course design as well as the residential component. She explained the total cost for that, if done together, would give some savings. She stated from the workshop she understood they were not going to do residential and just wanted a cost for the golf course only and would consider doing residential if they got a grant. She stated she has submitted a grant application to the Water Management District. She stated she has now just given a price for the permanent golf course facility only. She stated she recommends that they do the residential component as well so they can put the purple pipe in to have that backbone for the environmental regulatory compliance in the future. Mr. Hanson pointed out that what is before the Commission for approval tonight is the engineering just for the reuse system that will serve the golf course for a price of $98,900 and after they get an answer on the grant they will come back to the Commission to discuss the additional cost for the system to be able to serve the subdivision also. Ms. Kaluzniak answered several questions from the Commission. Commissioner Woods stated she would add to Commissioner Mark's list, under reasons to provide reuse water, that there is less water being pumped from our underground water supply and also add, under impacts of not providing reuse for irrigation, there is the expansion of the amount of potable that is being sprayed onto lawns. She also asked the City Manager if diverting wastewater discharge from the St. Johns River to irrigation gives Atlantic Beach more capacity for run -off. Mr. Hanson stated no. Ms. Kaluzniak stated they would have additional TMDL credits. Mr. Hanson stated the City would get the credit for having less discharge into the Intracoastal Waterway but it would not affect stormwater run -off requirements. Related to Commissioner Daugherty's concerns, Ms. Kaluzniak pointed out that the engineering can be stopped at any time so if it looks like things are falling though, they can stop and only pay for what has been done. Further discussion ensued and Ms. Kaluzniak explained the cost savings for awarding both phases at this time. She also explained that the Water Management District has a condition in the City's permit that Mav 13. 2013 REGULAR COMMISSION MEETING Page 5 says we must provide reuse to a subdivision if it is developed on the golf course unless we can prove and the District agrees that it is technically or financially not feasible. Following further discussion, Mayor Borno asked for an amended motion to increase the figure in the recommendations to cover Phases I and II to $151,528.24. Motion: Amend the motion to increase the figure in the recommendation to cover Phases I and II to $151,528.24. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended motion. Commissioner Daugherty asked to amend to include his proposed language. Mayor Borno asked for one correction to his proposed language, stating he believes the time frame for providing the items to us should be 60 days, not 30 days. Discussion ensued and Commissioner Daugherty agreed to 60 days. Mayor Borno read the amended language as follows: Motion: Amend motion to include approval of funds for this design project will be contingent on Selva Marina Country Club (SMCC) providing the following items to COAB within 60 days : 1. SMCC will provide a written commitment to use COAB reuse water as part of the current or any future development of Selva Marina Country Club, when such reuse water is available; 2. SMCC/ Atlantic Beach Partners will provide a letter fully supporting annexation of the entire property into Atlantic Beach; 3 SMCC will agree to have a written agreement for a Conservation Easement/Deed Restriction on the 18 hole golf course as part of development and prior to the start of construction of a reuse water j7 acifity. Moved by Daugherty, Seconded by Woods Commissioner Beckenbach asked the City Attorney if this was legal. Mr. Jensen stated yes it is acceptable from a legal standpoint but what they are doing is withholding any funds until those documents are received. It is making approval of the $151,000 contingent on these items, so Collins can't start. Mr. Hanson stated when it was discussed with John Meserve the understanding they had was that they would start the design immediately and they would have 60 days to get this paperwork in place, not that they had to have it before the design started. He stated if it was not in place within 60 days, then the design would stop at that point. Commissioner Daugherty stated that is the intent and he was under the assumption this was forwarded to Alan Jensen. Mr. Hanson stated an earlier version was sent to him before but not this latest version. Mr. Jensen asked what they want to accomplish. Commissioner Daugherty stated they will proceed with the design contingent on them doing this, but if they do not do this within the timeframe we will cease the project. Mr. Hanson stated they would have to issue a stop order and then we would be liable for the cost up to that time. Discussion ensued and the amended motion was revised. Motion: Amend motion to include approval of funds for this design project after 60 days will be contingent on Selva Marina Country Club (SMCC) providing the following items to COAB: 1. SMCC will provide a written commitment to use COAB reuse water as part of the current or any future May 13, 2013 REGULAR COMMISSION MEETING Page 6 development of Selva Marina Country Club, when such reuse water is available; 2. SMCC/ Atlantic Beach Partners will provide a letter fully supporting annexation of the entire property into Atlantic Beach; 3 SMCC will agree to have a written agreement for a Conservation Easement/Deed Restriction on the 18 -hole golf course as part of development and prior to the start of construction of a reuse water facilily. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Beckenbach, referring to the meeting Commissioner Daugherty and Mr. Hanson had with John Meserve, asked how is John Meserve affiliated with Selva Marina. Mr. Hanson stated he believes he is acting as their executive director. He stated there is a board member in the audience if he wants to ask him that question. Commissioner Beckenbach asked if he has the ability to ok these items. Mr. Hanson stated he has the ability to talk to the board members. Laura Ferrante, representative of SMCC Board, stated John Meserve is the acting executive director. She further stated the Board met on Friday and came to this agreement in principle. She stated, hopefully, within 60 days they will be able to get the documentation the City requires. Mayor Borno then called for a vote on the proposed amendment with the first paragraph changed with items 1, 2, and 3 submitted in writing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the original motion as amended. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 6. Action on Resolutions A. RESOLUTION NO. 13-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING THE CITY OF ATLANTIC BEACH STRATEGIC PLAN DATED APRIL 2013. Mayor Borno read Resolution No. 13 -06 by title. Motion: Approve Resolution No. 13 -06 as read. Moved by Woods, Seconded by Borno May 13, 2013 REGULAR COMMISSION MEETING Page 7 Mr. Hanson explained the changes have incorporated all of the Commission's comments. Commissioner Daugherty stated one of the items in the Strategic Plan is to go paperless and showed a slide of the agenda packets being put together which he believes is a waste of resources. He stated going paperless is a very simple thing to do. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 20-13-122, 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 -122 by title. Motion: Approve Ordinance No. 20 -13 -122 as read. Moved by Beckenbach, Seconded by Woods Mayor Borno explained the amendment to the budget is to add costs for videotaping of Commission meetings in the amount of $35,675. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Mark asked to amend the motion to reflect in lieu of the $31,000 in capital outlay to change it to $6,000 for a single camera system and the contract services to $2,100 for a total of $8,100. Motion: Amend to change the $31,000 in capital outlay to $6,000 for a single camera system and the contract services to $2,100 for a total of $8,100. Moved by Mark, Seconded by Beckenbach Discussion ensued. City Attorney Jensen stated if changing from a multiple camera system to a single camera system and going from $35,000 to $8,100 is determined by the Commission to be a substantial change of an ordinance on second reading they will have to start over. After further discussion, it was determined these were substantial changes. Commissioner Mark withdrew her amended motion; Commissioner Beckenbach withdrew his second. Motion: Amend to revise Ordinance reflecting $6,000 for a single camera system and maintenance of $2,100 for a total of $8,100 and bring back for first reading. Moved by Woods, seconded by Beckenbach May 13, 2013 REGULAR COMMISSION MEETING Pase 8 Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED B. ORDINANCE NO. 20-13-123, 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 -123 by title. Motion: Approve Ordinance No. 20 -13 -123 as read. Moved by Mark, Seconded by Beckenbach Mr. Hanson explained the changes to the Ordinance, stating two items were added since the workshop. He stated one item was for the contribution to the fireworks and the other is for the acquisition of a foreclosed house, which is explained in his staff report. Motion: Amend to chan1je "donate" to "contribute" in Item 9. Moved by Borno, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Discussion ensued related to disposing of an acquired property. Mayor Borno called for a vote on the amended motion. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 58-13-35, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 5, CITY OF ATLANTIC BEACH DEFINED CONTRIBUTION PLAN, SECTIONS 2 -320 THROUGH 2 -330, PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 58 -13 -35 by title. Motion: Approve Ordinance No. 58 -13 -35 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is adding a Defined Contribution Plan for City employees. May 13, 2013 REGULAR COMMISSION MEETING Page 9 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO. 58-13-36, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, SECTIONS 2 -300 THROUGH 2- 310.29, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 58 -13 -36 by title. Motion: Approve Ordinance No. 58 -13 -36 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is amending the Police Pension Plan to provide for lower benefits for officers yet to be hired, increasing employee contributions and updating provisions to meet current State and Federal rules. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 58- 13 -37, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDNG AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, SECTIONS 2 -261 THROUGH 2 -299, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY RESTATING THE CITY OF ATLANTIC BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 58 -13 -37 by title. Motion: Approve Ordinance No. 58 -13 -37 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is amending the General Employees Pension Plan to close the plan to new participants, increasing employee contributions and updating provisions to meet current State and Federal rules. May 13 2013 REGULAR COMMISSION MEETING Page 10 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. FY 2012 -2013 Resurfacing Project. Mr. Hanson summarized the project as discussed at the workshop. Motion: Authorize City Manager to approve Purchase Orders up to the budget amount as recommended by staff. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Annual Water Quality Report. There was no discussion on this item. Item was previously discussed at the workshop. C. Recommendations on amendments to Animal Control Ordinance. Chief Classey gave a summary of the amendments recommended at the workshop which have been incorporated in the Ordinance. Motion: Introduce the proposed revisions to Chapters 4 and 2, Section 2 -146 and 2 -146.1 for First Reading. Moved by Woods, Seconded by Beckenbach Commissioner Woods asked that they amend the motion to add a number 6 under 2- 146.1(d) stating that the magistrate would be able to consider the ability of somebody to pay the cost. Discussion ensued. Motion: Amend to add a number 6 under 2- 146.1(d) stating that the magistrate would be able to consider the ability of somebody to pay the cost. Moved by Woods, Seconded by Daugherty City Attorney Jensen stated he has some concern about the special magistrate questioning someone about their finances. He stated he doesn't know the technical legal answer to that but it greatly raises concerns. Commissioner Woods asked him to look into that and if Mr. Jensen thinks it is appropriate it can be add it and if not leave it off. Discussion ensued. Mr. Jensen stated he will look into this further and will determine whether they need to amend it. (The amended motion was neither withdrawn nor voted on.) Commissioner Daugherty stated he believes the fine for the "first offense" is too high. Discussion ensued. May 13, 2013 REGULAR COMMISSION MEETING Page 11 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. Draft Ordinance for Taxi Cabs. Motion: Direct staff to draft an Ordinance for the taxi cabs and introduce the proposed ordinance for first reading. Moved by Beckenbach, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED E. Final design contract approval for East Coast stormwater improvements. Motion: Approve the Scope of Services and Fee Proposal for Engineering Design of Stormwater Improvements for East Coast Drive and authorize the City Manager to sign the contract with Edwards Engineering. Moved by Beckenbach, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED F. Approval of contract for providing dog training lessons. Motion: Authorize the City Manager to sign the attached contract with Ronald White aka Northern Pro Dog Trainers. Moved by Mark, Seconded by Daugherty Mr. Hanson stated he distributed a revised contract incorporating the language the Commission mentioned at the workshop, stating the times, dates and locations must be approved by the Recreation Director. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED G. Presentation of scope for Police Building review. Motion: Defer indefinitely. Moved by Borno, Seconded by Mark May 13, 2013 REGULAR COMMISSION MEETING Page 12 Commissioner Woods stated they have been working on this for a long time and she believes either it is important enough for them to move forward with or if not they need to release the funds that have been set aside for this project. She stated there are a lot of other things in the City that need doing. City Manager Hanson explained the reasons for his recommending this be deferred were due to time constraints on staff at this time. He stated an appropriate time to discuss the funds is at the budget workshops. Discussion ensued. Commissioner Mark called the question, Commissioner Beckenbach seconded. Mayor Borno asked for a vote on the question being called. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the motion to defer. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED H. Holding Community Meetings. Commissioner Daugherty proposed that the Commission adopt a policy of holding regular town hall style meetings with the citizenry on a quarterly basis in order to maintain an open relationship with the community and foster a relationship of open dialogue between the commission and the citizens of Atlantic Beach. He proposed that the meetings would be held on the last Saturday morning of each month at the beginning of each quarter. He stated those months are January, April, July, and October, explaining why he chose those months. Motion: Direct staff to bring back in resolution form. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED I. Contribution of $5,000 to COJB for fireworks for 7/4/13. This item was discussed during the budget amendment. J. Pay raise of I% for City Manager and City Clerk. May 13 2013 REGULAR COMMISSION MEETING Page 13 Mayor Borno explained, as discussed at the workshop, the City Manager stated he did not want to be considered for this raise. Motion: Approve raising the salary of the City Clerk by 1% effective 10/1/12, when other non -union employees received their raises. Moved by Borno, Seconded by Woods Mr. Hanson explained his reason for not requesting a raise was because the purpose of the raise as discussed by the Commission was to offset the 1% increase the General Employees and Police Officers were going to see in additional pension contributions to the Defined Benefit plans. He stated he is not a participant in the DB plan and consequently it doesn't make sense for him to get that raise. He stated also as a result of the difficult Union negotiations we had last year, he served as the chief negotiator on behalf of the City, which he does not normally do, and he does not want anyone to think he is profiting in any way from having been that closely involved in all the details relating to this. He stated he does support the City Clerk getting a raise as she is in the Defined Benefit plan and if she doesn't get that raise then she would, in effect, have her salary cut by I% because her contribution to the DB plan will go up. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED K. Selva Marina Reclaimed Facilities Engineering, Phase I RFP 07 -04. 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 the budget workshop meetings will be held on August 1, 6, 15, and 22 in the Chamber at 5:00 pm. Mr. Hanson reported he waived the fees of $376.75 for park usage, as has been done in the past, for Gospel in the Park, which is Saturday, May 18. He reported that the Blue Collar Union had a ratification vote on April 23 and they voted not to approve the contract but it does not alter the Commission's decision in the impasse hearing. He stated it was a formality under Florida Labor Law that the Union has an impasse vote. He further reported there will be an ICMA webinar entitled "Council Meetings: How to be Efficient and Effective" scheduled in the Chamber on June 6 from 1:00 — 2:30 p.m. and encouraged the Commission to attend. He explained the City was awarded a DEP grant to build the first phase of the PED path starting in Tideviews Park. He stated the total project cost is estimated at $40,000, which includes staff time, and the grant is for 50% or $20,000. He stated they need to get signed off on this by June 7, so to get approval from the Commission in time they will need to have a special meeting before the workshop on May 28. May 13, 2013 REGULAR COMMISSION MEETING Page 14 Mr. Hanson reported the City has hired a Redevelopment and Zoning Coordinator, Jeremy Hubsch, to fill the new job created by combining the position formerly held by Sonya Doerr, the Community Development Director, and the position formerly held by Dale Hatfield, working on the Mayport Corridor. He stated he will start this Friday and will be mostly responsible for the Mayport redevelopment efforts. He reminded everyone the annual Employee Picnic is this Friday and invited all of the Commissioners to attend. City Clerk Bartle stated the picnic starts at 11:00 and goes to 3:00. 10. Reports and /or requests from City Commissioners and City Attorney A. Update on Golf Course. This item was taken out of sequence and acted on earlier in the meeting. City Clerk Bartle • Thanked the Commission for the pay increase. Commissioner Daugherty • Reported there is a Board Member Review Committee meeting on Wednesday and there is an opening on the Cultural Arts and Recreation Committee and asked if anyone knows someone who might be interested that they send them an application very quickly. • Encouraged the Commission to consider in the budget getting the City Clerk a portable system for recording meetings. • Stated the problem with the Police Building has not gone away and believes they would be remiss to release the funds. Commissioner Woods • Stated she was happy to hear we have a new Community Development Director and hopes he can look at the Local Economic Growth Umbrella Program she has been talking about. • Reported on the drainage projects on Poinsettia and the Jordan Park area she has been discussing with the City Manager. She explained the City Manager stated they should get consensus from these areas to proceed and she suggested they contact the homeowners in the affected areas to let them know the projects are being considered to get them onboard before they go to the budget process. Discussion ensued. Mr. Carper stated the two projects in his budget request are Saltair/Magnolia/Pine and the southern end of Seminole Road. He stated there is no stormwater master plan project for the Jordan area. Further discussion ensued. • Discussed a call she received from an upset citizen, who is building a house in Atlantic Beach, related to an issue that was holding up their Certificate of Occupancy due to the handprints his children made in the sidewalk cement. She stated she believes it was overkill that because this family's children had put their handprints in the sidewalk they were being denied their occupancy until they removed it and replaced the sidewalk. Discussion ensued with Mr. Hanson stating the City's policy is that we don't accept sidewalks unless they are clean. Commissioner Woods stated she is not expecting to solve this problem tonight, but was just bringing it up because that was a huge consequence to have a Certificate of Occupancy held up for something that most people would think is rather cute. She stated the neighbors looked at it and didn't have a problem with it and it was not affecting anybody's use of the sidewalk; was not graffiti, was not negative; it was very positive; it's part of being in a small community. Mr. Carper further explained what transpired, stating you can say the handprints are cute May 13, 2013 REGULAR COMMISSION MEETING Page 15 but he still has a standard he has to meet. Commissioner Woods asked if this is policy or written in our Code, stating she would get with him later about it. Commissioner Mark • Reported on the Advanced Institute for Elected Officials presented by the Florida League of Cities that she attended. She stated one of the subjects they covered was How to be an Effective Council Member and at the next workshop she would like to have the Commissioners complete an evaluation of their decision - making style. • Reminded everyone of the Community Redevelopment Workshop on June 12 at 9:30 at City Hall in Jacksonville. • Announced that Friday was the unveiling of the East Coast Greenway designation of AlA. She stated the Greenway runs from Maine to Key West and the ferry is part of that. • Stated Beaches Watch Candidate Forum will be held August 15. • Reported she was accepted into the Leadership Jacksonville Class of 2014. • Will not be able to attend the employee picnic due to an all day conference. Mayor Borno • Believes they need to discuss at the next workshop the basic format for how the meetings will be run. • Reminded everyone that the NEFLC dinner meeting is this Thursday, May 16 at Casa Marina at 6:00 p.m. He stated it is traditional that the elected officials contribute door prize donations. He stated if they have any items give them to Yvonne Calverley. Commissioner Woods stated she will be at Mayport Middle School that evening and will not be able to attend. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:05 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno, Mayor/Presiding Officer ATTACHMENT A Proposal to Supply Reuse Wastewater to Selva Country Club May 6, 2013 A. Reasons for Atlantic Beach to provide reuse wastewater for irrigation to Selva Country Club. 1. Maintains greenspace for the future. In exchange for building the reuse system, the City will receive a conservation easement that protects the golf course from additional development after the proposed subdivision is built. The golf course property will remain as greenspace, even if it is no longer economically viable to operate as a private club. 2. Traffic imioacts will be limited. Traffic impacts of possible future development on Selva Marina Dr. and other neighboring streets will be limited to only that created by the new, 180 unit residential subdivision and ongoing golf course operations. 3. Property values will be maintained. This golf course project will maintain existing property values by keeping greenspace frontage to owners in several adjoining subdivisions. 4. Atlantic Beach Tax digest will increase. Annexation will be pursued and property values resulting from the new 180 unit residential development will increase tax revenues for Atlantic Beach by hundreds of thousands of dollars each year. b. Environment will be improvers. Positive impact on the environment will be achieved by diverting wastewater discharge from the St. Johns River to irrigation. 6. Reuse system will-be started. Building a reuse system now to serve the golf course and new subdivision would provide the "backbone" of a system that can be expanded, where economically feasible, in the future. Environmental regulations for wastewater treatment and discharge have become progressively more stringent over many years and the likelihood is high that having this system will benefit the City in compliance with future regulations. B. Adverse Impacts of not providing reuse for irrigation 1. The cost in the future to begin a reuse system will be much mare. If built now, a substantial share of the upfront cost will be paid by the developer by putting in ' "purple pipe" in the new subdivision. Also, the cost to install the system after this subdivision is developed would be much greater. 2. Failure to build a reuse system when this opportunity has been presented would be clearly viewed by environmental regulators and others as a sign of unwillingness by Atlantic Beach's to shoulder its share of the responsibility for conserving our limited water supply in Florida. MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON APRIL 22, 2013 AT 6:30 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 Rick Carper, Public Works Director Mike Classey, Police Chief Sue Danhauser, Human Resources Director Timmy Johnson, Recreation and Special Events Director Donna Kaluzniak, Utility Director Nelson Van Liere, Finance Director Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of May 13, 2013, was called to order at 6:30 p.m. by Mayor Borno. Mayor Borno explained the agenda for the workshop. Mayor Borno introduced Scott Christiansen with Christiansen & Dehner, stating, as a courtesy to Mr. Christiansen, he would have him present his agenda items first since he had a long drive after the meeting to be somewhere early in the morning. He stated he would be addressing items 71) and 7E. Mr. Christiansen explained the background of his firm, stating they do almost nothing but governmental pension plans. He gave a presentation on the Police and General Employees' Pension Plans, stating they reviewed the current ordinances and suggested they rewrite entirely new plans. He further explained the changes to each plan. He answered questions from the Commission and City Manager. He further encouraged anyone who has any questions after the first reading of the ordinance to call him. 1. Discussion of Action Items on Commission Meeting Agenda for May 13, 2013: A. Minutes There was no discussion on this item. B. Consent Items Consent Item 4A - Mr. Van Liere, Mr. Hanson and Ms. Kaluzniak answered several questions from the Commissioners related to the Utility Sales Report. Consent Item 4B - Ron Whitesides, Purvis Gray & Company, Audit Partner in charge of the City's outside independent auditors, presented the summary of the results of the annual audit report for September 30, 2012 stating they issued an unqualified opinion, which means it was a clean report without qualification which is the highest opinion they can render. He stated, in addition to the financial audit, they also look at the City's internal controls and how they spend restricted funds and comply with their grants and debt agreements. He stated he was pleased to report they had no findings in those areas so it is a clean opinion and a clean report on compliance and internal controls, which is excellent. He further explained the major changes in revenues and expenditures; the restricted and unrestricted net assets; and the pension liability, rate of return and valuation. He answered several questions from the Minutes — City Commission Workshop April 22, 2013 Page 2 Commission. He further stated the Finance Department continues to do an excellent job in spite of losing a long -term employee this year. He stated she was replaced by a new person who is having to be trained and they are having to juggle some responsibilities. He stated, during the audit, they were especially cognizant of looking at changes in control processes because of that, but found they are doing a very good job. Consent Item 4C - Finance Director Nelson Van Liere summarized the actuary reports and impact statements for the Police and General Employees Retirement System, which he distributed to the Commission. He and Mr. Hanson answered questions from the Commission. C. Resolutions Resolution No. 13 -06 - Mr. Hanson asked if the Commission had any other comments on the Strategic Plan. Discussion ensued regarding including dollar costs when available and breaking down the Parks Planning and Tree Ordinance category and rescoring them as two separate items. City Attorney Jensen stated as these were originally scored in workshops and no decision has been made to adopt it yet he saw no problem with rescoring the items. The Commission rescored the two items with Parks Planning receiving a score of 22 and Tree Ordinance receiving a 20. Further discussion ensued regarding purchasing additional marsh front property as it becomes available and combining Identifying City Boundaries into the Mayport Road Corridor category. Mr. Hanson stated he will incorporate the comments and bring them back to the next meeting. D. Ordinances Ordinance 20 -13 -122 - Mr. Hanson summarized the issues related to bringing the hosting and editing in- house. Discussion ensued related to the cost and single vs. multi - camera system. Ordinance 20 -13 -123 - Mr. Van Liere summarized the Ordinance explaining the budget amendments are for the funding needs pertaining to the recent union negotiations. Ordinance 58 -13 -35 - Human Resources Director Sue Danhauser summarized the Ordinance explaining it is for the purpose of setting up one part of the Defined Contribution Plan, the 401 Profit Sharing Plan. She stated she will distribute the adoption agreement as soon as it is available. E. Miscellaneous Business 8A. Public Works Director Rick Carper summarized his staff report on the FY 2012 -2013 Resurfacing Project stating staff proposes to piggyback on the existing St. Johns County Annual Asphalt Maintenance Services contract. He answered questions from the Commission. 8B. Utility Director Donna Kaluzniak summarized her staff report on the annual Water Quality Report stating DEP requires every customer be given a copy of the report by July 1 of each year. She stated this year DEP is allowing electronic delivery so, instead of putting it in the utility bills, there will be a note on the utility bills with a link to the report as well as a number to give customers the ability to request the report by mail if they want a hard copy. She further stated DEP requires it be added to the website with a direct link to the report. She answered questions from the Commission. Minutes — City Commission Workshop Page 3 April 22, 2013 8C. Chief Mike Classey reported on the proposed updates /changes to the Animal Control Ordinance. It was recommended by the Commission that they change the proposed impound fee increase from $20 to $25. He answered several questions from the Commission. He further stated staff recommends having a Special Magistrate preside over Dangerous Dog cases rather than the Code Enforcement Board. Discussion ensued. City Attorney Jensen stated when there are hearings in front of the Code Enforcement Board people are assessed the cost of the proceedings and he does not know if the City may also be able to assess the cost of the Special Magistrate but he will look into that. 8D. Chief Classey summarized his staff report related to the proposed ordinance for regulating taxi cabs operating within the City. 8E. Rick Carper summarized his staff report regarding Engineering Design of Stormwater Improvements for East Coast Drive stating this is to accept the scope and fees from Edwards Engineering for the stormwater improvements for East Coast Drive. He answered questions from the Commission. 8F. Recreation and Special Events Director Timmy Johnson summarized his staff report stating this is to assist with the dangerous dog issue. He stated staff is requesting to enter into a contract with a dog trainer. He stated after contacting several dog trainers, Ronald White, who is up to speed with what is going on in Atlantic Beach, has agreed to enter into a contract with the City to give classes throughout the City for training dogs. After further discussion, it was recommended that staff add a provision in the contract that the Recreation Director shall approve the locations of the training. 8G. Mr. Hanson recommended this item (Police Building) be deferred indefinitely or at least until after the budget workshops due to time constraints on staff at this time. Discussion ensued. The Commission agreed to consider a deferment at the May 13 meeting. 8H. Commissioner Daugherty asked for input from the Commission on scheduling future community meetings. Discussion ensued. Commissioner Daugherty stated he would put a written proposal together for their consideration on May 13. Mayor Borno stated he could make a request at the next meeting that it be considered for an action item at the June meeting. 8I. Mayor Borno stated he will be making a request that they amend the budget amendment under Agenda Item 7B and consider the contribution request of $5,000 toward the Fireworks. Mr. Hanson added that if they do it as a new budget amendment it could not be done before July 4 so it will need to be added to an existing budget amendment. 8J. Mr. Hanson reported on the pay raise for City Manager /City Clerk stating, although he appreciates them recommending both of them for a pay raise, he would request that he not be considered for the pay raise since it was to offset the I% increase in the cost to employees for the pension plan and he is not in the pension plan. Secondly, with the year being a very difficult time for the employees and the very serious changes to negotiate, as the chief negotiator for the City, he believes it would look very bad if he came out ahead. He stated he does believe the City Clerk needs a raise because she is in the defined benefit plan and if she does not get the same 1% Minutes — City Commission Workshop Page 4 April 22, 2013 raise everybody else gets, when this goes into effect, she will lose 1% of her pay. Mayor Bomo stated they will take that into consideration when they take action on this. Commissioner Mark gave an update on the meeting with the developers of Selva Marina and their attorney. She further stated she, Jim Hanson and Alan Jensen also have a meeting with Mark Hudson of North Florida Land Trust to discuss drafting a conservation easement. Donna Kaluzniak reported on the irrigation issue and the proposed solutions, stating the golf course is going to need water by January. She stated her request to the Commission is to authorize the design and engineering services for that project. She distributed a cost proposal and timeline to the Commission. Ms. Kaluzniak and Mr. Hanson answered questions from the Commission. Discussion ensued. Mr. Kaluzniak explained she is applying for a 40% cost share grant through the Water Management District but there is a lot of competition and she does not know if we will get it. Mr. Hanson asked for permission to put the irrigation item on the May 13 meeting agenda due to the time constraint issues. Further discussion ensued and it was the consensus to add the item to the agenda of May 13. 2. Discussion of Non - Action Items on Commission Meeting Agenda for May 13, 2013: A. Proclamations There was no discussion on this item. B. City Manager's Follow -up Report/City Manager's Report There was no discussion on this item. 3. Public Input 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, addressed the cost of special magistrate stating they should not create a system where the poor people can't fight it but the rich people can; stated he doesn't understand why the City is getting involved in dog training; and asked why the City needs to put water on the golf course. He also stated he was very disappointed that pension plans did not even make the final cut on the strategic planning items and further spoke against the defined benefit pension plan. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. City Clerk Donna Bartle reported there were errors in Section number references that were discovered after they adopted the Flood Plain Ordinance and City Attorney Jensen had determined they are scrivener's errors and no further action is needed. She stated Mr. Jensen suggested she advise the Commission of the errors and that they intend to make the corrections to the Ordinance and have the Mayor sign it. Minutes — City Commission Workshop Page 5 April 22, 2013 There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 10:17 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk