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10-12-09 vMINUTES REGULAR CITY COMMISSION MEETING October 12, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance Call to Order/Pledge Approval of Minutes IN ATTENDANCE: Mayor William I. Gulliford, Jr. 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 L. Bartle Recording Secretary Nancy E. Bailey Mayor Gulliford called the meeting to order at 6:00 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission Meeting of September 28, 2009. Motion: Approve the minutes of the Regular Commission Meeting of September 28, 2009, as read. Moved by Woods, Seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED (Item 8C was taken out of sequence and acted on at this time.) 8. Miscellaneous Business C. Lt. James M. Christman Retirement. Mayor Gulliford recognized Lt. Jim Christman who was retiring from the Atlantic Beach Police Department and shared a personal anecdote about Lt. Christman. He stated Lt. Christman has been exemplary in his service to Atlantic Beach. Assistant City Manager David Thompson and Police Chief Mike Classey further praised Lt. Christman. Mayor Gulliford asked for a motion to approve the awarding of the Glock Model 22 and badge to Lt. Christman Motion: Approve awarding the 40 caliber Glock Model 22, Serial Number LXP821 and the Lieutenant duty badge to Lieutenant James M. Christman Moved by Woods, Seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED October 12, 2009 REGULAR COMMISSION MEETING Page 2 Each of the Commissioners congratulated Lt. Christman and told him how much they appreciated him. Mayor Gulliford then presented Lt. Christman with his service revolver. Lt. Christman stated it has been his privilege to work in this community and he was proud to work in Atlantic Beach. Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Gulliford recognized the new Commissioner-elect, Jonathan Daugherty, and congratulated him. He further recognized Milton Hall and complimented him on running for office and encouraged him to stay involved. Mayor Gulliford opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Chris Lambertson, 191 12th Street, strongly recommended the reappointment of Blaine Adams and the new appointment of Harley Parkes. He further spoke in favor of the proposed increase in inspection fees stating the detail of the inspections by Mike Jones is terrific and he has not seen this level of detail in other cities. He stated he believes this is a fee that will allow the Building Department to stay intact and focus on making a better product in Atlantic Beach. He stated Mike Griffin deserves a lot of credit for his leadership of this Department. Sally Clemens, 1638 Park Terrace West, addressed 7A and 7B stating this will add money to our City's budget during difficult times but will pass on further expenses to our citizens. She believes it should be studied in detail by our elected officials to help our City budget as well as to help our citizens. Georgi Wick, 12967 Chelsea Harbor Dr. S., stated she serves on the Board of Directors for the Fetal Hope Foundation and wanted to thank the City for allowing her foundation to have their SK Race for Fetal Hope fundraiser event in Atlantic Beach. She stated the event will be held in two weeks on Saturday. She extended an invitation to Mayor Gulliford and Mayor-elect Borno to serve as their Grand Marshalls and also extended an invitation to the Commissioners to attend as their honored guests. She further extended an invitation to anyone in the City to participate in their event. Mardie LeBouton, 774 Aquatic Drive, thanked the Commission for having the fences put back up at the Aquatic Gardens pond. No one else from the audience spoke so Mayor Gulliford closed the Courtesy of the Floor to Visitors. (Item 4 was taken out of sequence and acted on at this time.) 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 October 12.20(19 REGULAR COMMISSION MEETING Paae 3 BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report for September 2009 and the Public Works and Public Utility Departments Project Status Report as of October 1, 2009 B. Extend the contract for Welding (Bid No. 0809-01) to Ace Fabrication, LLC for one year at the current prices. Mayor Gulliford asked for a motion to pass the Consent Agenda. Motion: Approve Consent Agenda Items A and B as read. Moved by Fletcher, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting Mr. Hanson announced the representatives from the St. Johns Water Management District will be here on November 9 to discuss the Consumptive Use Permit as requested by the Commission at the last meeting. Consent Agenda 4. Consent Agenda This item was taken out of sequence and acted on earlier in the meeting. Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-15 CERTIFICATE OF RESULTS OF PRIMARY ELECTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HELD ON TUESDAY, OCTOBER 6, 2009. Mayor Gulliford read Resolution No. 09-15 by title only. Motion: Approved Resolution No. 09-15 Moved by Parsons, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED October 1.212009 REGULAR COMMISSION MEETING Pace 4 Action on Ordinances 7. Action on Ordinances A. Ordinance No. 25-09-41, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, SPECIFICALLY REVISING SECTION 6-26, SCHEDULE OF BUILDING PERMIT FEES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford read Ordinance No. 25-09-41 by title. Motion: Aanrove Ordinance No. 25-09-41. Moved by Borno, seconded by Fletcher Mr. Thompson gave a slide presentation reviewing the proposed Building Department Inspection Fees and explained the goal is to match revenues and expenses. He stated over the past couple of years our revenues have been greatly reduced making it necessary to increase these fees at this time. He pointed out that, under State law, we cannot use this as a profit center and, therefore, when the economy comes back they will have to go back and change the fees again, adjusting them downward. He further explained the Plan Review Re-submittal Fee was erroneously omitted from this ordinance and will need to be included before going final. Mr. Thompson, Mr. Griffin and Mr. Hanson answered several questions from the Commission. Commissioners Parsons and Fletcher stated they did not believe the fees proposed are adequate and should be increased. Mr. Thompson explained further why he believes these fees proposed are adequate and elaborated on why some things in the Building Department are charged to the General Fund. Commissioner Parsons asked that they add $5 to everything, because there is a tremendous deficit. Mr. Hanson stated there will not be a deficit if they approve the ordinance. Commissioner Woods asked if the personnel in the Building Department kept a journal of the hours they spend that are not related to the Building Department, but are general City tasks. Mr. Thompson stated the employees do not keep a log on hours but they were asked how much time they spent doing various types of tasks. Discussion ensued and Commissioner Parsons stated he would like to make a motion asking staff to increase each item by $5 and to add the addition that was omitted. Mayor Gulliford stated there are two options. There could be a substitute motion to pass this on first reading as amended with the additions. The second option would be to act on the existing motion and if it is voted down that would be a signal to staff to go back and look at the numbers again and bring it back. Amended Motion: Annrove Ordinance No. 25-09-41 with additions of the Plan Review Re-Submittal Fees of $50 when building clans are re-submitted for an dollars for an additional fourth review and $100 for a fifth review. Moved by Woods, Seconded by Fletcher October 12, 2009 REGULAR COMMISSION MEETING Page 5 Commissioner Fletcher asked that this be revisited in six months to see if further adjustments in fees are needed. Commissioner Borno stated they will get these in the monthly activity reports, and they will just need to be flagged for the Commission. Mayor Gulliford asked how much is currently in that fund. Mr. Hanson stated any operating fund has a 25% contingency. Votes: Aye: 4 -Borno, Fletcher, Gulliford, Woods Nay: 1-Parsons MOTION CARRIED B. Ordinance No. 90-09-211, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY REVISING SECTION 24-69, FEES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford read Ordinance No. 90-09-211 by title. Motion: Approve Ordinance No. 90-09-211. Moved by Borno, seconded by Parsons Votes: Aye: 4 -Borno, Fletcher, Gulliford, Woods Nay: 1 -Parsons MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Interlocal Agreement among the City of Jacksonville, the City of Atlantic Beach, the City of Jacksonville Beach, the City of Neptune Beach, and the Commander, Naval Region Southeast, U. S. Navy for conduct of the Jacksonville Sea and Sky Spectacular. Mr. Hanson explained the Interlocal Agreement for the Sea and Sky Spectacular, stating this year's show will be held Friday, November 6 -Sunday, November 8. He stated there was one minor change in wording in the paragraph which limits the authority of Jacksonville's officials over the Jacksonville Beach police to include Neptune Beach and Atlantic Beach. He recommends approval with the understanding that the one paragraph will be changed. He stated this year we are not putting any money into the event, just a lot of in kind services. Motion: Approve Interlocal Agreement and authorize City Manager to sign. Moved by Borno, Seconded by Woods October 12, 2009 REGULAR COMMISSION MEETING Paee 6 Commissioner Woods questioned the restriction of not allowing people on the beach in Jacksonville Beach. Chief Classey stated that was a requirement of the Navy for security reasons. Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED B. Technical Symposium on Withdrawals from the St. Johns River. Utilities Director Donna Kaluzniak gave a summary report on the technical symposium for water withdrawals. She stated there are no conclusions yet because the study is not finished, but there should be a draft completed the Summer of 2010 with a final report in December 2010. Discussion ensued and Ms. Kaluzniak answered questions from the Commission. C. Lt. James M. Christman Retirement. This item was taken out of sequence and acted on earlier in the meeting. D. Approve Change Order No. 1 to HDR Engineering's contract (RFP 07-04) for the City's Final Design for Wastewater and TMDL Compliance Program in the amount of $36,375.33 and authorize the City Manager to sign the change order. Mr. Hanson explained what this change order is for and recommended deferring this for one meeting because HDR is changing some of the personnel and we have the right to approve or disapprove any changes in key personnel. Motion: Defer Change Order No. 1 to next meeting. Moved by Parsons, Seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported the regular Commission Meeting on November 9 will be held at 6:00 pm and the swearing in of the newly elected officials will be at 7:15 pm in order to meet the time criteria in the Charter. He suggested the next time the Charter is amended that the time provision be removed. He further announced the photographer will be here at 4:45 on November 9 to take photos of the members of the new Commission and asked that the men wear dark suits and ties and appropriate attire for women. October 12.2009 REGULAR COMMISSION MEETING Pace 7 Mr. Hanson further reported a question was raised at the last meeting about how the public would be notified on the Royal Palms drainage project. He stated a general notice and schedule have been posted to the website, which are in the agenda packet. He further stated the contractor is to notify the people on each block a week ahead when there is going to be work on their block. Mr. Hanson announced there will be a ceremony for the opening of the Donner Park Tennis Courts on Tuesday, October 20 at 5:00 pm. He stated the press and public are invited to attend. Commissioner Woods asked if it was possible to change the time of the Commission meeting for November 9 to accommodate the 7:15 swearing in. Mr. Jensen stated the Charter states they are sworn in at 7:15 and there is an ordinance stating the regular Commission Meeting is at 6:00 pm. He stated the time of the swearing in cannot be changed because they are set forth in the Charter. City Clerk stated this will be the first time the swearing in ceremony falls on the same night as the Commission meeting. She stated, in the past, it had its own meeting. Mayor Gulliford stated since we must have both meetings, it is pretty well resolved. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners A. Appointments to the Police Pension Board of Trustees. City Attorney Mayor Gulliford stated the Board Member Review has made the recommendations to reappoint John Wolfel whose term is expiring on October 11, 2009 and Bob Sternfeld whose term is expiring on December 31, 2009 to the Police Pension Board and asked for a motion to approve the recommendations. Motion: Apurove reayuointment of John Wolfel and Bob Sternfeld to serve on the Police Pension Board of Trustees for an additional term. Moved by Borno, Seconded by Parsons Commissioner Parsons asked what their terms are. Commissioner Borno stated they are two year terms, with no term limits on the Pension Board. Mr. Hanson stated these positions are governed by State law. Votes: Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED B. Appointments to the Community Development Board. Mayor Gulliford stated there was another recommendation to reappoint Christopher "Blaine" Adams, Ellen Glasser and Kirk Hansen to serve on the Community Development Board for an additional term and a recommendation to appoint Harleston Parkes to serve as a new member on the Community Development Board for atwo- year term beginning January 1, 2010 and asked for a motion to approve the recommendation. October 12.2009 REGULAR COMMISSION MEETING Page 8 Motion: Approve reappointment of Christopher "Blaine" Adams, Ellen Glasser and Kirk Hansen to serve on the Community Development Board for an additional term and appointment of Harleston Parkes to serve on the Community Development Board for a two year term besinning January 1, 2010. Moved by Parsons, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Gulliford, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno Reminded the Commissioners that in the next week they need to have aone-on- one annual performance evaluation with the City Manager and City Clerk. Attended the meeting at USO with the Community Covenant Program tonight at 5:00 for all of the Beaches veterans associations and stated there was a lot of good information presented. He stated the Resolution the Commission passed was presented to the organization. Commissioner Woods • Announced she will attend the National League of Cities Emergency Management Training for local leaders next weekend. • Stated October is Small Business Month and believes the Commission needs to do everything they can to grow small businesses. Commissioner Parsons • Thanked Yvonne Calverley for doing such a great job on the volunteer reception. He also thanked Jeff Woods for helping with the cooking. Stated the turnout was a lot better than past years, with about 80 people attending. • Wants to put a plaque on the statue that recognizes the Commission in office at the time the statue was installed. Mayor Gulliford • Thanked the Commission for the honor of being Mayor for these three meetings. Adjournment There being no further discussion, th$ Mayor dec ed the p.m. r ATTEST: ~~ Donna L. Bartle, CMC City Clerk Gulliford, adjourned at 7:21 idina Officer