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11-24-08MINUTES REGULAR CITY COMMISSION MEETING November 24, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner John L. Fletcher Commissioner Paul Parsons Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Call to Order/Pledge Approval of Minutes ABSENT: Mayor Pro Tem Mike Borno (excused) Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Parsons gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve acknowledged that Commissioner Borno has an excused absence and welcomed Tree Conservation Board Members Maureen Shaughnessy and Jim McCue in the audience. 1. Approval of the minutes of the Regular Commission Meeting of November 10, 2008. Motion: Approve the minutes of the Regular Commission Meeting of November 10, 2008, as written. Moved by Parsons, seconded by Fletcher. Votes: Aye: 4 -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. Sandra Doaner, 1276 Main Street, expressed support for afour-foot sidewalk to be placed on Main Street but stated she was opposed to an eight-foot bike path. Karen Fredemann, 662 Main Street, stated she is opposed to the bike path/sidewalk and believes their property values will be lowered with it being so close to their legal property lines and houses. George Hromco, 376 Main Street, spoke in opposition to the sidewalk and stated they had submitted a package to the Commission for their review. November 24 2008 REGULAR COMMISSION MEETING Page 2 Jeff Wight, 831 Begonia Street, expressed his support for a bike path and stated although he agrees it is not necessary he believes it would be a great benefit to Atlantic Beach. Maureen Shaughnessy, 361 Main Street, spoke in opposition to the bike path/sidewalk. 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 Meeting A. City Manager's Follow-up Report. 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 Report for October 2008 and Police Department 3`d Quarter Report. B. Extend the Landscape Maintenance Annual Contract for Utilities with Trim All Lawn Services, Inc. for an additional yeaz at the current prices- Bid No. 0708-02. C. Authorize the Mayor to sign the related paperwork for the application and the subsequent paperwork related to the JAG grant. In addition, to authorize Michael D. Classey to submit the application on line and have the authorization to electronically sign the on-line application on behalf of the Mayor and the City. Mayor Meserve read the Consent Agenda. Commissioner Fletcher asked that Item 4A be pulled. Motion: Approve Consent Agenda Items B and C as read. Moved by Parsons, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED November 24 2008 REGULAR COMMISSION MEETING Page 3 Commissioner Fletcher commented on the Police Department Quarterly Report, pointing out that the statistics show the crime rate is much lower in Atlantic Beach as compared to the other police departments in the county. Chief of Police Classey stated that is correct and it has been the trend that Atlantic Beach has had the lowest per capita crime rate within the county for some time and has been lower than the State average as well. Motion: Approve Consent Agenda Item A as read. Moved by Parsons, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution 08-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO AMEND PREVIOUSLY APPROVED RESOLUTION NO.04-12 APPOINTING DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Resolution 08-15 by title only stating if the Commission approves this they will assume responsibility for paying all of her personal medical expenses for the City. Motion: Approve Resolution 08-15 as read. Moved by Parsons, seconded by Fletcher. Commissioner Parsons stated there are three employees who are hired by the Commission and the City Clerk is not getting the same package as the other two, which this Resolution is to correct. Commissioner Fletcher stated he also believes it is important to be consistent with the three officials of the City who are directly appointed by the Commission and this resolution brings the terms of the City Clerk's employment in line with the City Manager's and City Attorney's as regarding health insurance benefits. Mayor Meserve stated he will comment further when they discuss her compensation because this was a condition of her employment so it wasn't an unknown thing and this represents in its own an 8% pay raise, which should be taken into consideration when they discuss her total compensation increase this year. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED November 24, 2008 REGULAR COMMISSION MEETING Page 4 Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-08-93, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING 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. 20-08-93 by title only. Finance Director Nelson Van Liere gave an explanation of the Ordinance, stating these are items that rolled forward from last year, monies that were not spent. These monies were already programmed expenditures but were not encumbered and must be re- budgeted if they choose to continue with these projects. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Motion: AaDrove Ordinance No. 20-08-93 as read. Moved by Parsons, seconded by Fletcher. Commissioner Fletcher asked for clarification that this is just carrying forward funds that were encumbered last year but not spent and rolling them forward this year to make them available for those projects. Mr. Van Liere stated in this Ordinance that is 90% of it, but there are the extra funds from the water and sewer rate increase that were added to that. Commissioner Woods asked what the park improvements capital outlay is for. Public Works Director Rick Carper stated the item in the discretionary half cent sales tax park funds is for the Five Points statue base and the community development block grant money is for Donner Park improvements. Votes: Aye: 3 -Fletcher, Meserve, Parsons Nay: 1-Woods MOTION CARRIED B. Ordinance No. 20-08-94, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 Mayor Meserve read Ordinance No. 20-08-94 by title only. Mr. Hanson explained there was a correction, changing a typographical error of the $5,914 under capital outlay maintenance, to $5,276, stating the total was correct. November 24, 2008 REGULAR COMMISSION MEETING Page 5 Mr. Van Liere explained this Ordinance is the year-end clean up. He stated there were a couple of places where the General Fund expenditures exceeded the budget, but because there were other places with a surplus, this entry takes from the surplus and puts it where it went over. Motion: Approve Ordinance No. 20-08-94 as read. Moved by Parsons, seconded by Fletcher. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 95-08-98, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REPEALING CHAPTER 23, ENTITLED "VEGETATION" OF THE CODE OF ORDINANCES IN ITS ENTIRETY, AND REPLACING IT WITH NEW CHAPTER 23, TO BE ENTITLED "PROTECTION OF TREES AND NATIVE VEGETATION" ESTABLISHING PURPOSE AND INTENT, SPECIFIC PROVISIONS AS SET FORTH WITHIN EXHIBIT A, WHICH IS ATTACHED TO AND MADE PART OF THIS ORDINANCE; PROVIDING LEGISLATIVE FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. 95-08-98 by title only. Motion: Approve Ordinance No. 95-08-98 as read. Moved by Parsons, seconded by Fletcher. Community Development Director Sonya Doerr thanked Erika Hall for her work on this Ordinance and the input from staff and the Tree Board. She stated this makes no changes to the mitigation fees, credits, etc. She gave an overview of the changes that were made to the Ordinance, after which she and Erika Hall answered questions from the Commission. After further discussion, several changes/clarifications to the Ordinance were suggested and it was the consensus of the Commission these changes were significant enough to have staff make the changes/corrections and bring the Ordinance back for another first reading. (Original motion not voted on or withdrawn.) Motion: Defer Ordinance No. 95-08-98 to next meeting for first reading November 24.2008 REGULAR COMMISSION MEETING Paae 6 Moved by Parsons, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Branholm appeal of Tree Board mitigation Mayor Meserve explained the appeal process and introduced Ken Branholm. Mr. Branholm thanked Erika Hall for her help during this process and stated Rick Carper has made it very clear since day one that he needed to mitigate the trees, which he does not dispute. He explained his reasons for his appeal and pleaded with the Commission to allow his request. Commissioner Fletcher stated he would support his request as long as there was an agreement written, protecting the City, that the mitigation order is followed through. City Manager Hanson asked Mr. Branholm who is the owner of the lot. Mr. Branholm explained the owner is Fiona McDonald. Mr. Hanson asked Ms. McDonald if she is agreeing to sign a legally binding document that makes her responsible for the 54" of mitigation, either planted on site and/or paid to the City and that document would constitute a lien against her property. He explained to her there would be no Certificate of Occupancy granted for a house construction until that is done. Ms McDonald stated she would not be prepared to sign anything like that. Mr. Branholm stated he is not trying to get out of planting the trees and stated if the agreement needs to be reworded to say he is responsible, that is fine. City Attorney Jensen stated the settlement agreement would not necessarily be a lien on the property, but if approved it could be recorded and it has a legal description of the property in it and the City would not issue a Certificate of Occupancy on any house constructed there until this agreement is complied with. Commissioner Woods stated 54" mitigation would not fit on the lot and asked Ms. Hall what would fit on the lot. Ms. Hall agreed it will be very difficult to get that number of trees on the lot. Commissioner Woods suggested the mitigation be separated and Mr. Branholm plant 54" of trees somewhere in the City. Mr. Hanson explained the City does not allow people to plant a mitigation on City property or other properties, which is why they have the Tree Fund. He stated if they cannot plant on their property the money goes into the Tree Fund and the City goes to reputable nurseries and takes bids for trees and controls where they are planted. After further discussion, Mayor Meserve stated an agreement should be drafted with the appropriate language stating the owner of the property agrees to have trees planted on her lot that meet City Code, and Mr. Branholm would be responsible for planting those trees and paying the difference in the mitigation rate. Mayor Meserve assured Ms. McDonald no lien would be placed on her property for this mitigation. It was the consensus of the Commission to direct the City Attorney to draft a legal binding agreement. November 24, 2008 REGULAR COMMISSION MEETING Page 7 Motion: Defer decision on appeal until City Attorney draws up a legal binding agreement Moved by Parsons, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED It was the consensus of the Commission to have the agreement brought back for the first meeting in January. B. The Palms Apartments at 3952 Mayport Road Building Official Mike Griffin gave a slide presentation and update on the demolition of the Palms Apartments. He stated the site has been practically cleared as of today, the swimming pool filled and the demolition contractor has indicated they should be completed with removal on Wednesday. Mr. Griffin stated the fences should be removed, with exception of the gate, within the six month deadline given to Mr. Hionides, but is not a part of this demolition contract. C. Engineering Services for Design of Royal Palms Drainage Improvements (PW0808) City Manager Hanson explained negotiation with the consultant for this project was authorized previously and they have presented the City with a contract. He stated the first three phases of this project are included in the budget and, with current construction prices being down, the fourth phase may be able to be completed with the money we already have rather than waiting a few years to complete the work. Motion: Approve the Scope of Services and Fee Proposal for Design of Royal Palms Drainage Improvements and authorize the City Manager to sign the contract with Eisman & Russo. Moved by Woods, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Approval of Rules of Order City Attorney Alan Jensen asked that the third sentence in the seventh paragraph be changed to read: "If any member of the audience becomes unruly or continues to violate these rules after a warning by the Mayor or presiding officer, that person may be required to leave the room". November 24, 2008 REGULAR COMMISSION MEETING Page 8 Motion: Approve the Rules of Order for Public Input at City Commission Meetings with change by City Attorney. Moved by Fletcher, seconded by Parsons. Commissioner Parsons asked if these rules can be applied to all the other committees we have. City Manager Hanson stated this is intended to be just for the Commission, but would anticipate several of the committees adopting or using the same rules. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED E. Sewer Rehabilitation in Seaspray Subdivision Public Utilities Director Donna Kaluzniak summarized the cured-in-place pipe and manhole sewer rehabilitation, stating they have completed Royal Palms with the exception of one manhole and will continue with Seaspray subdivision up to Seminole Road. Motion: Authorize Insituform Technologies, Inc. to provide cured-in-place pipe in the Seaspray subdivision in the amount of up to $240,000, using pricing in the JEA Contract No. 82768. Authorize Concrete Conservation, Inc. to provide manhole rehabilitation in the Seaspray subdivision in the amount of up to $25,000 using pricing in JEA Contract No. 88990 of $149.25 per vertical foot. Moved by Woods, seconded by Parsons. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED F. City Clerk's compensation Motion: Authorize 7% pay increase for Donna Bartle Moved by Parsons, Seconded by Woods. Commissioner Fletcher stated although Mayor Meserve indicated the health insurance correction made to the Resolution as an 8% raise, he believes the Commission rectified something that should have been advocated on the City Clerk's behalf when the Resolution was enacted years ago and she should have been treated just as the City Attorney and City Manager were treated. He stated he respectfully separates from the Mayor on saying that should be considered an 8% raise. He stated the Commission is equalizing the City Clerk with the City Attorney and the City Manager. Commissioner Parsons stated this increase is also retroactive to October 1, 2008. November 24, 2008 REGULAR COMMISSION MEETING Page 9 Mayor Meserve stated he does not concur. He stated when you hire someone you hire them at the conditions at the time and, if it was not put in as benefits, the salary that was offered then may or may not have been offered. He stated we have a lot of other staff who are going to be looking at everything the Commission does and this is a pretty significant raise in total compensation and he cannot go along with it. Commissioner Woods stated in comparing average salaries of City Clerk's throughout the State, Mrs. Bartle's salary is lower than the median and concurs with Commissioners Fletcher and Parsons that this brings her more equitably with the going pay rate for her profession. Votes: Aye: 3 -Fletcher, Parsons, Woods Nay: 1 - Meserve MOTION CARRIED G. City Manager's compensation Mayor Meserve stated he believes the City Manager does a fine job. Motion: Authorize 4% pay increase, effective October 1, 2008, for City Manager and amend City Manager's employment agreement, Section 14 Retirement and ICMA 401 Plan Document to increase the City's contribution to the City Manager's retirement from 9'/0% to 10% and to authorize the Mayor to sign documents affecting these changes Moved by Woods, Seconded by Fletcher. Commissioner Parsons stated the City Manager has done a fantastic job. Commissioner Fletcher stated he believes the City Manager does a great job. Votes: Aye: 4 -Fletcher, Parsons, Meserve, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report None. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Clerk Bartle • Stated she appreciated all the nice comments and thanked the Commission. Commissioner Parsons Stated he had a lot of fun at the picnic. November 24, 2008 REGULAR COMMISSION MEETING Page 10 Reported he had the maquette of the statue at the art festival at Adele Grage and raised over $1,000. He congratulated Lynne Roskein for her work. Commissioner Woods Asked why in the Police Quarterly Report it stated there are open positions, but when she went online there were none open. Chief Classey stated those positions were already closed which is why they were not listed. Commissioner Fletcher Stated he receives excellent reports on the responsiveness of the employees to the citizens and thanked the staff for doing a great job. Also joined Commissioner Parsons in thanking Lynne Roskein for her work on the Art Walk. Wants to get the Town Center Zoning Overlay on the agenda. Mayor Meserve • Stated he testified before the Duval Delegation and brought to them several issues, basically saying don't push a bunch of unfunded mandates and because you are broke don't make us broker. • Spoke to Pratt Daniels, head of the School Board, regarding closing Finnegan. He reported Mr. Daniels stated, based on future Navy growth, they would consider not getting rid of the school building but mothballing it so if the need went back up they could resurrect it. • Reported Bill Trotter, a friend and artist, is having a lot of trouble financially and physically. He stated there will be a fund raiser for him at St. Paul's Catholic Church on December 14 from 10:00 - 5:00. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:07 Pm• !~ John ~ 1V~eserv~e, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk