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09-22-08MINUTES REGULAR CITY COMMISSION MEETING September 22, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Mayor Pro Tem Mike Borno Commissioner John L. Fletcher Commissioner Paul Parsons Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna Bartle Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. The Mayor gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of September 8, 2008. Motion: Approve the minutes of the Regular Commission Meeting of September 8, 2008, as written. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Sheri Lawhun,190 Seminole Rd., addressed the Commission regarding the rocks in her yard. She stated she has been told that she will be fined if she doesn't remove the rocks in the right-of--way. She explained the rocks are used for xeriscape, not parking. Alicia Paley, 1330 Ocean Blvd., addressed the Commission regarding her opposition to the Assistant City Manager position as well as her dissatisfaction with the City Manager. Charles Harcourt Bu11,1810 Sevilla Blvd., Apt. 304, addressed the Commission regarding his opposition to the Assistant City Manager position. Linda Allan, 211 Pine St., addressed the Commission regarding a tree that fell into another tree during Tropical Storm Fay in a neighboring yard owned by an absentee landlady. She stated these two trees will eventually fall into her yard and requested the City cut these two trees down for safety reasons. Sally Clemens, 1638 Park Terrace West, addressed the budget stating she was concerned about the lack of breakdown of salaries. She further stated the rental contracts with the tennis instructor, the Atlantic Beach Athletic Association, and the September 22 2008 REGULAR COMMISSION MEETING Pace 2 Atlantic Beach Experimental Theater should include a portion of their proceeds. She also stated art is not on the list of what the bed tax can be used for and believes the Commission should be more diligent and accountable when using the bed tax funds. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. Consent Agenda 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 Monthly Utility Sales and Financial Reports for August 2008 and List of New Business Tax Receipts issued in August 2008. B. Approve the Local 630 White Collar union contract for the period October 1, 2008 through September 30, 2009. C. Approve the Loca1630 Blue Collar union contract for the period October 1, 2008 through September 30, 2009. D. Authorize the City Manager to enter into a contract with the Tennis Instructor, Brecht Catalan for use of tennis courts, Atlantic Beach Athletic Association (ABAA) for use of Russell Park ball fields and concession stand and Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center. E. Extend the Annual Utility Contractor (Bid No. 0506-16) contract for one additional year to Gruhn May, Inc. at the contract prices. F. Approve renewal of Workers Compensation and Police Statutory insurance (RFP 07-03), effective October 1, 2008, with the Public Risk Insurance Agency. G. Authorize the Mayor to sign the Florida Department of Law Enforcement Grant Application and all subsequent paperwork for the grant. Mayor Meserve read the Consent Agenda. Commissioner Borno pulled Item G. Motion: Approve Consent Agenda Items A, B, C, D, E, and F as read. Moved by Borno, seconded by Parsons. September 22.2008 REGULAR COMMISSION MEETING Page 3 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno expressed his gratitude to Officer Chase Jamison for his successful work on the application for the grant. Motion: Approve Consent Agenda Item G as read. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION N0.08-11, Public Hearing and Final Reading on adopting a Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; STATING THE PERCENTAGE BY WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read Resolution No. 08-11 by title only. Mayor Meserve explained the current millage rate is 2.9974, the proposed tentative millage rate is 2.9974, and the roll-back rate is 3.1317. The tentative millage rate is 4.27% lower than the roll-back rate. The purpose of adopting the millage rate of 2.9974 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the budgeted level of services at anticipated increased cost and to continue to maintain the City's infrastructure. Motion: Approve Resolution No. 08-11 Adopting Millage Rate of 2.9974 for operating purposes. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. September 22, 2008 REGULAR COMMISSION MEETING Page 4 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager Hanson explained the roll back rate and stated the Commission proposed staying with the same rate as last year which is 4.29% less than the roll back rate. Action on Ordinances 7. Action on Ordinances A. Public Hearing and Final Reading on Ordinance No. 20-08-91 establishing the Operating Budget for Fiscal Year 200812009. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. Mayor Meserve read Ordinance No. 20-08-91 by title only. Motion: Adopt Ordinance No. 20-08-91 establishing the Operating Budget for fiscal year 2008/2009 as read. Moved by Fletcher, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing Commissioner Woods stated due to the down turn of the economy she still believes the budget should be adjusted and the City should not be creating new positions. She stated she is concerned about the ongoing expenses increasing and the lack of money going toward the infrastructure and for those reasons is opposed to this budget. Commissioner Fletcher stated he believes this is a very responsible budget. Votes: Aye: 4 -Borno, Fletcher, Meserve, Parsons Nay: 1-Woods MOTION CARRIED B. Ordinance No. 33-08-16, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE FOUR DISTRICTS FOR SEATS TWO THROUGH FIVE OF THE CITY COMMISSION, ASSIGNING CITY COMMISSION SEATS TO THE DISTRICTS, ADDING RESIDENCY REQUIREMENTS, SETTING AN ELECTION SCHEDULE, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. 33-08-16 by title only. September 22, 2008 REGULAR COMMISSION MEETING Page 5 Motion: Approve Ordinance No. 33-08-16 as read. Moved by Parsons, seconded by Borno. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Woods explained her proposed variation of the districts for the Commission's consideration. Mayor Meserve stated this would require that the Ordinance be amended and the process would start over. Motion: Amend Ordinance No. 33-08-16 to change district map as suggested by Commissioner Woods. Moved by Woods. Amended motion failed due to lack of a second. Commissioner Borno stated he believes this is a solid Ordinance and supports it as submitted. Commissioner Fletcher stated he believes the map as drawn is as geographically, population balanced as you can get. Votes: Aye: 4 -Borno, Fletcher, Meserve, Parsons Nay: 1-Woods MOTION CARRIED C. Ordinance No. 55-08-34, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY SANITATION RATES BY AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I, SOLID WASTE DEFINITIONS AND PROCEDURES, SECTION 16-10 FEES FOR COLLECTION; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF NEW RATES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. 55-08-34 by title only. Motion: Approve Ordinance No. 55-08-34 as read. Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Borno explained this follows the contract with the existing hauler to increase the rate by 4%. September 22, 2008 REGULAR COMMISSION MEETING Paee 6 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Ordinance No. 80-08-77, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORM WATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22-335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. 80-08-77 by title only. Motion: Aaprove Ordinance No. 80-08-77 as read. Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Borno explained this raises the stormwater fees in the utility bills from $4.00 to $5.00, which is still underfunded. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED E. Ordinance No. 80-08-78, Introduction and First Reading (Deferred from last meeting) AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATERWORKS SYSTEM, SECTION 22-27 CHARGES FOR WATER SERVICE, TO PROVIDE A REVENUE NEUTRAL SHIFT IN VOLUME CHARGES BY INCREASING THE LOWEST BLOCK RATE AND DECREASING THE UPPER BLOCK RATES EFFECTIVE OCTOBER 14, 2008 AND AGAIN FOR OCTOBER 1, 2009: AND AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO PROVIDE A REVENUE NEUTRAL SHIFT IN VOLUME CHARGES BY INCREASING THE LOWEST BLOCK RATE AND DECREASING THE UPPER BLOCK RATES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS EFFECTIVE OCTOBER 14, 2008 AND AGAIN OCTOBER 1, 2009, AND PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. 80-08-78 by title only. September 22, 2008 REGULAR COMMISSION MEETING Page 7 Motion: Approve Ordinance No. 80-08-78 as read. Moved by Borno, seconded by Parsons. Finance Director Nelson Van Liere explained the structure of the rate increases under the proposed ordinance as well as those for the alternative proposal. After further discussion and detailed explanation by City Manager Hanson, it was the consensus of the Commission to defer until the next meeting and direct staff to bring back the alternative proposal presented. Motion: Defer Ordinance No. 80-08-78 until the next meeting and direct staff to bring back the alternate proposal. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED F. Ordinance No. 95-08-97, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ALLOWING DOGS WITHIN THE OUTDOOR DINING AREAS OF RESTAURANTS UNDER CERTAIN CONDITIONS AS SET FORTH WITHIN FLORIDA STATUTES, SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT PROVIDING AN EFFECTIVE DATE AND AN EXPIRATION DATE. Mayor Meserve read Ordinance No. 95-08-97 by title only. Motion: Approve Ordinance No. 95-08-97 as read. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Royal Palms Sewer Rehabilitation -Continuation. Mr. Hanson explained that Public Utilities Director Donna Kaluzniak recommended authorizing the contractor working on the sewer rehabilitation in Royal Palms to continue the work, using the $84,000 authorized in the FY09 budget. September 22, 2008 REGULAR COMMISSION MEETING Page 8 Motion: Authorize Insituform Technologies Inc. to continue providing cured-in- place piping work in the Royal Palms subdivision in the amount of $84,000, using pricing in JEA Contract No. WCS-066-07. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Payment of City staff during Tropical Storm Fay. Mr. Hanson explained the request for payment of 75% of normal salaries to City staff who could not work due to Tropical Storm Fay. Mayor Meserve stated he believes this is a reasonable approach and proposed this be an exception and future occurrences be addressed by exception each time it happens rather than making it a standard rule. Motion: Approve proposal to pay 75% of pay to those employees sent home during Tropical Storm Fay. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson stated the comments from the audience tonight had quite a bit of misinformation. He suggested the citizens call before the meetings and ask what the issues are about, which would eliminate a lot of this misinformation. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Attorney Alan Jensen • Stated the comments tonight attacking Mr. Hanson and Chief Thompson were unwarranted. Mayor Meserve • Mayor Meserve agreed with Mr. Jensen and further expressed his viewpoint of the comments. He apologized for not stopping some of the personal attacks sooner and stated in the future he will not allow that kind of public forum. • Stated the issue of the rocks in the right-of--way will be enforced according to what our rules are. Commissioner Borno Reported on the Florida League of Cities Taxation and Finance Committee meeting he attended last Friday. Seatember 22, 2008 REGULAR COMMISSION MEETING Page 9 Concurred with the comments by Mr. Jensen and Mayor Meserve, stating he resents citizens coming here not being fully informed when they had the opportunity to attend the budget process and become informed about the budget. Commissioner Parsons Expressed his appreciation to Borno for his commitment to the Florida League of Cities. • Encouraged citizens to call the City or Commissioners if they have questions. • Commented on the citizen who complained of the tree falling, stating he has become aware since the tropical storm that, during an Act of God, a tree that falls into a neighbor's property becomes that neighbor's responsibility. He stated in her case the City should not be involved, since that is private property. Commissioner Woods • Regarding the Assistant City Manager position, she stated expanding government is probably not a good idea at this time, but stated she also is earnest in her praise of David Thompson and the work he does. Commissioner Fletcher • Regarding the citizen with the tree that fell, he stated insurance policies may exclude damage to her house because the tree is now a known hazard that she failed to remedy. He further agreed with Commissioner Parsons that the City has no way of helping her as that issue is between two private property owners. • Stated as long as the rocks are not for parking, but are for xeriscaping he sees no problem with them. • Stated Alicia Paley was totally misinformed. He stated he stands in defense of both Mr. Hanson and Chief Thompson who are both people of terrific and unimpeachable integrity. Adjournment There being no further discussion, the Mayor c e~~r~d the meeting adjourned at 7:24 pm. ATTEST: ~.-p~ Joh~S~Mese e, Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk