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Draft Min. 11-10-08MINUTES REGULAR CITY COMMISSION MEETING November 10, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Cazolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Pazsons City Clerk Donna L. Bartle Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Meserve 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 October 27, 2008. Commissioner Borno stated there was a scrivener's error on page 5, third paragraph from bottom. Mr. Doerr should be corrected to read Ms. Doerr. Motion: Approve the minutes of the Regular Commission Meeting of October 27, 2008, as corrected. Moved by Fletcher, seconded by Pazsons. 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. No one 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. City Manager Jim Hanson reported on the street lights that have been repaired, added or upgraded in the Mayport Corridor area. He further reported staff has met with several business owners who did not want to remove the chain link fences to discuss options and stated they expect several of them to submit waiver requests. He also reported on the program, Atlantic Beach Cazes, which makes money available to people who cannot pay their utility bills from the donations customers have added to their utility bills for this purpose. He stated they will advertise this program again in the City's newsletter in December. November 10 2008 REGULAR COMMISSION MEETING Page 2 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 Public Works and Utility Departments and Code Enforcement Reports for October 2008 and List of New Business Tax Receipts Issued in October 2008. B. Award the bid for Orthophosphate (Bid No. 0809-02) -Annual Contract to Carus Phosphates, Inc. at a cost of $1.16 per pound. Mayor Meserve read the Consent Agenda. Motion: Approve Consent Agenda Items A and B 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 None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-08-207, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, STATE OF FLORIDA, REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, MULTI-FAMILY (RG-2) TO COMMERCIAL GENERAL (CG), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 90-08-207 by title only. Motion: Approve Ordinance No. 90-08-207 as read. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. November 10 2008 REGULAR COMMISSION MEETING Pace 3 Justin McCarthy, 612 Sturdivant Avenue, addressed the Commission regarding the negative impact he believes the rezoning will have on the residents' quality of life there, including increased traffic, noise, dust, dirt, parking issues, etc., and asked that the Commission not approve this. No one else from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve stated if residents have issues on this road, the Commission needs to address them, but this Ordinance is just to make everything consistent. He stated he does not believe these changes will impact the neighborhood but if they do, the residents need to let the Commission know. B. Ordinance No. 45-08-19, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 20, TAXATION, AMENDING SECTION 20-59, SCHEDULE OF FEES; PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 45-08-19 by title only. Motion: Aanrove Ordinance No. 45-08-19 as read. 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. Commissioner Borno stated he appreciates the effort that went into this. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 20-08-93, Introduction and First 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. Mayor Meserve explained to the audience that while there was a lot of money involved, $600,000+, it is revenue neutral because it is money moved out of this year's budget into next year. November 10.2008 REGULAR COMMISSION MEETING Page 4 Motion: Approve Ordinance No. 20-08-93 as read. Moved by Fletcher, seconded by Borno. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Ordinance No. 20-08-94, 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 Mayor Meserve read Ordinance No. 20-08-94 by title only stating this recognized the $45,000 in FEMA funds and amends the budget to take those funds into effect. Motion: Approve Ordinance No. 20-08-94 as read. Moved by Borno, seconded by Fletcher. Finance Director Nelson Van Liere answered several questions from the Commission and City Manager Hanson further explained this Ordinance. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Branholm appeal of Tree Boazd mitigation. Mayor Meserve stated neither Mr. Branholm nor his attorney could be here tonight and Mr. Branholm asked that this be deferred. Mayor Meserve suggested this item either be deferred tonight or reject his appeal. Mr. Hanson explained the background of this mitigation. Commissioner Borno stated he will not be present at the next Commission meeting. City Clerk reported that Mr. Branholm stated he also cannot do this at the next meeting. City Attorney Jensen clarified that no one has yet made their decision because they have not heard Mr. Branholm or his attorney's side of the appeal. He stated granting them until the next meeting is reasonable. He further stated the mitigation order is still in effect and, depending on the outcome of the appeal, the City's course of action after that would be resorting to court action. He stated the Commission should hear the appeal first, and Mr. Branholm and his attorney have to exhaust their administrative remedies before it goes to court. After further discussion it was the consensus of the Commission to defer the appeal until the next Commission meeting. Motion: Defer until the nett commission meeting Moved by Fletcher, seconded by Pazsons November 10 2008 REGULAR COMMISSION MEETING Pace 5 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Award Bid for the Main Street Sidewalk Project. Mayor Meserve stated the decision tonight would be whether to make this an eight foot sidewalk, which would require a rebid. Public Works Director Rick Carper gave a slide presentation on bike paths, explaining the options of this project are for either a four foot sidewalk as proposed in the budget last year or changing the project to an eight foot bike path. He stated if the Commission goes forward with the original bid for a four foot sidewalk, he recommends awarding the contract to the low bidder, R&B Contracting, but if they choose to go with the eight foot multi-purpose paths a rebid would be required. Commissioner Fletcher stated he is concerned that an eight foot bike path in that neighborhood would eat up too much of the front yard of the houses on Main Street, even though it is the City's right of way. Commissioner Woods stated since there are a lot of children in the neighborhood it does create a safe environment, but agreed that is a lot of green space taken away. Mr. Carper stated there are four school bus stops along Main Street and this sidewalk would give children a place to stand out of the road. Ms. Doerr reported on a meeting she attended last week on the Greenways and Trails Developers Forum stating every speaker emphasized that provisions for biking, hiking and getting outside is the number one amenity considered by those building a home now in new developments. Commissioners Fletcher and Borno stated they are in favor of the four foot sidewalks. Commissioner Woods stated she is in favor of the eight foot bike path which could tie into the East Coast Greenway. Mayor Meserve agreed stating he believes we should continue the Greenway wherever we can through the City. He also agreed it will give children a safer place to play off the street. Commissioner Parsons gave some background on how East Coast Greenway plans the bike paths and stated he is undecided at this point. He stated he would like to see what the bid would be for the eight foot path before deciding. Mayor Meserve stated he believes the Commission needs to make a decision whether to go forward with eight or four foot sidewalks, completing as much as they can within this budget and finishing the remainder in another budget year. Further discussion ensued and Commissioner Woods stated she would make a motion to move forward with staff recommendation. Motion: Approve staff recommendation for eight foot path Moved by Woods, Seconded by Meserve November 10 2008 REGULAR COMMISSION MEETING Pace 6 Commissioner Parsons stated he wanted to defer this to another meeting, after Commissioner Borno returns, to give the Commission a chance to study this more. Commissioner Fletcher asked if the bid will expire if they defer. Public Works Director Carper stated they can be contacted to see if they will extend their bid. Ms. Woods withdrew her motion, Mayor Meserve withdrew his second. Motion: Defer to first meeting in December Moved by Parsons, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. City Clerk Compensation and Benefits. Commissioner Parsons stated he wanted to bring back a Resolution to the Commission to correct the inequities in the contract for the City Clerk. Mayor Meserve agreed and stated if the Commission had thoughts on this to bring them in. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported ors the Voice of the People Act, which requires local governments to follow a uniform set of public participation standards mandated by the legislature. He stated the Florida League of Cities is recommending that all member cities demonstrate that Florida cities do not need more intrusion into local affairs and can handle their own issues by adopting a written policy for public participation. He stated he has prepared a draft of that policy and distributed it to the Commission for review and suggestions or comments. Mr. Hanson asked Mr. Carper to report on the tide clock. Mr. Carper stated the tide clock is now fully operational with a new tide-only movement and explained any upgrades will be provided by Fancy Street Clock Company free of charge since this was a prototype and first of its kind for the clock company. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Woods Stated the economy is continuing in a down turn with a lot of unemployment and suggested the Commissioners need to be paying attention and thinking about this in all of their decisions. November 10 2008 REGULAR COMMISSION MEETING Page 7 Commissioner Borno • Reported he will attend the Florida League of Cities meeting in Orlando next Wednesday, Thursday and Friday. Mayor Meserve • Reported on the Kayak racing event over the weekend. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:00 pm. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk