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Draft Min 7-14-08MINUTES REGULAR CITY COMMISSION MEETING July 14, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bartle Cali to Order/Pledge 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. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of June 23, 2008. Motion: Aaarove the minutes of the Regular Commission Meeting of June 23 200$, as written. Moved by Parsons, seconded by Borno. 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 and welcomed Supervisor of Elections, Jerry Holland. A. Jerry Holland, Supervisor of Elections Mr. Holland explained, based on advice from their general counsel, the Supervisor of Elections office is recommending that the 2000 census data be used instead of the current voting rolls which, according to the Voters Act of 1965, is a requirement when state or federal district lines aze drawn. Therefore, the Supervisor of Elections office is now recommending the Commission not pass the legislation for the districting as it is today, but rather redraw the districts using the census data. He stated being consistent with state and federal law would put the City in a better position in case they were challenged for any reason. Commissioner Woods asked if the numbers used aze population or voter population. Mr. Holland stated the City has a choice to use either population number or the age of 18+. He stated the City of Jacksonville uses the proportionment of 18+ and the State of Florida uses the total population, but both are permissible by the Department of Justice and the federal government. He quoted his chief general counsel, "one must use the U.S. census data for reapportionment for state required and federally required redistricting; one may be able to deviate from the use of census data solely for local elections, depending on the municipality's charter but such would be inadvisable due to the state and federal requirements." July 14.2008 REGULAR COMMISSION MEETING Page 2 Commissioner Parsons asked what would be required to reverse this and put it back on the ballot again for November. Mr. Holland stated the current requirements are 183 days prior to the election but he stated he could go to general counsel and come back with an official deadline. Commissioner Fletcher stated this was a Commission initiative, nat a citizen's initiative, which he thought was a six week lead time. Mr. Holland stated if that was the case, Commissioner Fletcher was correct, it would be less than the 183 days to do that, but they would give the Commission an official date. Mayor Meserve welcomed the audience and explained the process for public comments. Pat PiUmore, 995 Camelia St., addressed the Commission regarding Section H and stated she believes the money being spent on and the attention being given to that area is to help sell the Paradise development. She further stated the Commission should not be addressing the crack houses and drugs in her azea, but rather it should be addressed through law enforcement. Lynne Roskein,1220 East Coast Drive, on behalf of the Cultural Arts and Recreation Board, spoke in favor of posting all city-sponsored events on the reader board, rather than just those at this location. 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 Mr. Hanson, citing the report from Mr. Holland, advised the Commission to vote against the Ordinance on redistricting tonight, allowing him and the City Clerk time to come up with new numbers to revise the district lines, per Mr. Holland's input. 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. Extend the annual contract for electrical motor and pump repairs (Bid No. 0607-12) for one additional year with Industrial Equipment Service and Repair, Inc. at the current contract prices. B. Extend the contract for Uniform Rental and Cleaning for City Employees (Bid No. 0607-11) for one year with Unifirst Corporation at the current cost, which is estimated at $9,500. C. Authorize the Mayor to sign the related paperwork for the application and the subsequent paperwork related to the JAG grant, July 14 2008 REGULAR COMMISSION MEETING Pale 3 and authorize David E. Thompson 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. D. Awazd the annual contract for Sulfur Dioxide (Bid No. 0708-10) to Brenntag Mid-South, Inc. at the bid price of $8S0 per ton. E. Awazd the annual contract for HTH for Water and Wastewater Treatment Plants (Bid No. 0708-11) to Univar USA, Inc. in the amount of $142 per 100 pound container. Mayor Meserve read the Consent Agenda. Commissioner Woods asked that Item D be pulled. Motion: Approve Consent Agenda Items A, B, C. and E as read Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Woods asked Public Utilities Director Donna Kaluzniak to explain why there was only one bid. Ms. Kaluzniak explained there were originally four vendors dealing with Sulfur Dioxide, but for various reasons there was only one company that wanted to bid, which came in at an increase from the past year due to escalating costs. Motion: Approve Consent Agenda Item D. as read Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports S. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 25-08-39, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, BY REPEALING SEC. 6-24(b), RESIDENTIAL DUNE CROSSOVER STRUCTURES, AND PROVIDING AN EFFECTIVE DATE. July 14.2008 REGULAR COMMISSION MEETING Pace 4 Mayor Meserve read Ordinance 25-08-39 by title only. Motion: Approve Ordinance No. 25-08-39, as read. Moved by Fletcher, seconded by Borno. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: S - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 33-08-15, 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, SETTING AN ELECTION SCHEDULE, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read Ordinance 33-08-15 by title only. Motion: Disapprove Ordinance No. 33-08-15, as read. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. Pat PiUmore, 995 Camelia Street, stated even if she had a district representative she would still look at candidates according to their interests, personality, common interests and friends or acquaintances and stated she would still come to the meetings if there was an item on the agenda she was interested in. She stated her first thought would not be who my district representative is. She stated what is good for Atlantic Beach is good for the core city, oceanfront, business districts, subdivisions, and where she lives. No one else from the audience spoke so the Mayor closed the Public Hearing. Mayor Meserve stated this will not be brought back at the next meeting because two Commissioners will not be present and he believes it is important enough to have a full Commission present. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 20-08-90, Introduction and First 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. J~Iy 14, 2008 REGULAR COIV~MISSION MEETING Pace S Mayor Meserve read Ordinance 20-08-90 by title only. Mr. Hanson explained the amendment budgets money for the Ahern Beach Access that was damaged during the construction of One Ocean, from whom they expect to be reimbursed, and the charges for the shipping and installation of the statue, which they also expect to be reimbursed for by the Atlantic Beach Public Arts Commission (ABPAC). Motions Approve Ordinance No. 20-08-90, as read. Moved by Borno, seconded by Fletcher. Commissioner Parsons stated ABPAC still plans on paying the money for the statue from fundraisers. Commissioner Woods stated she does not believe the City should be spending money on the installation of the statue and does not believe it should be in the budget. Commissioner Fletcher stated, although he did not vote for this when it originally came up, it was approved by the Commission, and he believes the Commission needs to stand behind the project and make sure it is completed. Votes: Aye: 5 - Barno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Ordinance No. 58-0$-33, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI. EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO PROVIDE COMPLIANCE WITH DIRECTION FROM THE STATE OF FLORIDA DIVISION OF RETIREMENT TO REMOVE THE INQUIRY INTO THE HEALTH OF A PRIOR BENEFICIARY; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Meserve read Ordinance 58-08-33 by title only. Mr. Hanson stated this is a minor change reflecting State-required regulations relating to beneficiaries. Motion: Approve Ordinance No. 58-08-33, as read. Moved by Borno, seconded by Parsons July 14, 2008 .REGULAR COMMISSION MEETING Pace 6 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED E. Ordinance No. 58-08-34, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, TO PROVIDE THE ABILITY TO CHANGE A NAMED BENEFICIARY UP TO TWO TIMES AFTER RETIREMENT; PROVIDING THE PURCHASE OF LIMITED CREDITED SERVICE FOR MILITARY SERVICE PRIOR TO EMPLOYMENT WITH THE CITY; PROVIDING FOR AN INCREASE IN THE VESTING REQUIREMENT FROM 5 TO 10 YEARS FOR EMPLOYEES HIRED ON OR AFTER THE FIRST DAY OF THE MONTH FOLLOWING FINAL APPROVAL AND ADOPTION OF THIS ORDINANCE; PROVIDING FOR THE RETURN TO THE NORMAL FORM OF RETIREMENT FOR RETIREES WHERE THE NAMED BENEFICIARY PREDECEASES THE RETIREE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Meserve read Ordinance 55-08-34 by title only. City Manager Hanson explained this is related to the impasse issue with the general employees regazding the vesting time being changed from five to ten years which would affect employees hired after the effective date of the Ordinance. He stated it is estimated to save the City $14,500/yeaz in retirement costs. Mr. Van Liere further explained the changes to the previous ordinance for the police retirement system are also included in this ordinance for the general employees, i.e. changes related to beneficiaries and purchase of credit service. Motion: Aanrove Ordinance No. 55-08-34. as read_ Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Recommended Updates in City Code. July 14.2008 REGULA~t COMII~ISSION MEETING Page 7 Chief Thompson explained the proposed changes, including storefront advertising blocking windows, parking regulations for recreational vehicles and boats, elimination of burglaz bazs/roll-dawn awnings. After further discussion, it was the consensus of the Commission to direct staff to bring this back as an Ordinance at the next meeting. B. Memorandum of Understanding with City of Neptune Beach for joint study of WWTP improvements and Amendment for Consultant Agreement. Ms. Kaluzniak stated this is related to the TMDL wastewater requirements for nitrogen removal reduction and explained Neptune Beach had approached the City of Atlantic Beach to see if we are interested in taking some or all of their wastewater. She stated this study is to see if they can save both cities money by working together. Mr. Hanson stated this also includes the approval of the contract for extra services with our consultant to do this work for a cost of $43,076. Commissioner Borno asked what the timeline is for the study to be completed. Ms. Kaluzniak stated they expect this to be completed by the end of November/early December. Motion: (1) Aaarove Memorandum of Understanding -Atlantic Beach and Neptune Beach Wastewater and Reclaimed Water Sharing Evaluation and authorize Mayor to sign Memorandum of Understanding: and (2) An Scone of Work and Cost Proposal for Task Order No. 2. in the am~ ount of X43.076, from HDR Engineering. Inc., and authorize City Manager to sign Task Order. Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Rate Study for Water and Sewer System Development Chazges. Ms. Kaluzniak explained the engineering study by HDR Engineering, which was to determine what our actual rates should be for System Development Charges. Motion: Authorize staff to prepare an Ordinance amen~he impact a, d capital improvement fees (System Development ChargesZas recommended by HDR En~ir-eerings Inc. Moved by Borno, seconded by Parsons Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED July 14.2008 REGULA~t COMMISSION MEETING Puce 8 D. Request of Rodney Mazgol for lease of pazking space at 6~' Street Beach ACCeSS. Mr. Mazgol was not present. Motion: Disaaarove leasing anv Harkins space on 6`~ Street Beach Access Moved by Borno, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED E. Use of Reader Board at City Hall. Mr. Hanson explained the present policy has been that the only use of the reader boazd is for City events on this site. He stated Commissioner Parsons requested a policy allowing the reader boazd to be used for City-sponsored events on any City property. He stated he drafted a policy per Commissioner Pazsons' request for the Commission's review. After discussion, Mayor Meserve suggested a trial period of six months to see how this proposal works and directed the City Manager to report the results to the Commission at the end of the trial period. Motion: AnHrove Six Montll,s Trial Period Allowins the. Reader Board to Be Used For City-sponsored Events on Any City Property Moved by Parsons, Seconded by Fletcher Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 1- Borno MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported each Commissioner had been given a copy of a CD recorded at Adele Grage by local acoustic artists who have performed there. Mr. Hanson announced the Strategic Planning Quarterly Report has been emailed and hazd copies were distributed to the Commission tonight. He also reported there was an emergency repair of the sewer at Royal Palms. Ms. Kaluzniak explained the details of the repair stating the cost will be around $35,000. July 14.200$ REGULAR COMMISSIQN MEETING Pace 9 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Mayor Meserve • Stated he will bring to a future meeting a resolution for Mayport Middle School supporting it becoming a magnet school. Commissioner Parsons • Stated the Florida Shore and Beach Preservation Association's Annual Conference is coming up and he believes attendance is important. Requested he be allowed to attend with Public Works Director Rick Carper. • Stated he has had several complaints regarding how Animal Control enforces their rules and believes this should be looked at. Commissioner Fletcher • Stated he is hearing a Iot of concern about the proposed rental inspection ordinance. Stated he would like the Commission to address how the ordinance solves the problem. He stated he is concerned this may become overly burdensome on property owners and those who do the right thing. Mayor Meserve stated he and Dale Hatfield went to NEFAR and were told they will oppose any regulations on anything regazding housing, but stated NEFAR did agree they would work with us to make sure that the ordinance, if developed, would recognize people who have good rental units and have provisions that would take this into consideration in the inspection program. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:36 pm. ATE John S. Meserve, Mayor/Presiding Officer Donna. L. Bartle, CMC City Clerk