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Draft Min 1-26-09MINUTES REGULAR CITY COMMISSION MEETING January 26, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve City Attorney Alan C. Jensen Mayor Pro Tem Mike Borno City Manager Jim Hanson Commissioner John L. Fletcher City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods 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 January 12, 2008. Motion: Aaarove the minutes of the Regular Commission Meeting of January 12, 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. Maria Mark, 1148 Linkside Drive, spoke in favor of the trolley but stated she believes Dial-A-Ride should be supported as well. She stated she understands Dial-A- Ride's budget is short by approximately $10,000 this year. She also stated she believes the improvement along the Mayport Corridor is fabulous. Mayor Meserve stated he will move Item 8D up to after the City Manager's Follow-up Report. He also stated he is meeting with Art Graham and the Dial-A-Ride people in the near future and stated he hopes to have a solution for their funding issue and how it is run. He believes they can work out a long term solution to keep it going as a free service. 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. January 26..2009 REGULAR COMMISSION MEETING Pace 2 Miscellaneous 8. Miscellaneous Business Business (8D taken out of sequence) D. Trolley Task Force report Commissioner Pazsons reported on the results of the Trolley Task Force meetings over the past six months. He further stated he wants the trolley to go farther into Atlantic Beach, stating they don't need to promote Town Center but rather need to help out the other shopping areas on Atlantic Blvd. He stated to add another stop does not increase the cost, it just adds time, i.e, instead of a 20 minute wait at a bus stop it might be a 30 minute wait. He stated where the trolley would turn azound in Atlantic Beach would be determined by where they have a place to allow parking for the riders. He stated that would be the only way he would vote to contribute this money. He further stated this year the trolley would start on April 1 and end on August 1 only on the weekends, with Sunday still being decided upon and there will also be a charge to the ridership. Commissioner Pazsons recommended the Commission approve City of Atlantic Beach's contribution of $5,000 to fund the trolley service this yeaz with those conditions. Motion: Approve Donation of~5,000 to Beaches Trolley with the conditions that it must run uu Atlantic Blvd. to either Penman or Mavport Road and include a ridership fee of $1.00. Moved by Parsons, seconded by Borno. After further discussion, a vote was taken. Votes: Aye: 5 -- Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve stated this expenditure will be included in the amended budget. 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 December 2008 and Annual Code Enforcement Report for 2008. Mayor Meserve read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Borno, seconded by Fletcher. January 2b. 2009 REGULAR COMMISSION MEETING Page 3 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. 55-09-35, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY SANITATION RATES FOR EXTRA PICK-UPS 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 AMENDMENT TO EXISTING RATES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTNE DATE. Mayor Meserve read Ordinance No. 55-09-35 by title only. Motion: Aaarove Ordinance No. 55-09-35 as read. Moved by Borno, seconded by Fletcher. Finance Director Nelson Van Liere explained this is to correct an administrative adjustment that was not included in the Code. He stated when the adjustment entry was made and the Ordinance was created those two rates were not included with the increase. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 20-09-95, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER I, 2008 AND ENDING SEPTEMBER 30, 2009 Mayor Meserve read Ordinance No. 20-09-95 by title only. Motion: Auprove Ordinance No. 20-09-95 as read. Moved by Borno, seconded by Parsons. JanaarX 26320(19 REGULAR COMMISSION MEETING Page 4 Mr. Hanson stated the Commission might want to amend this motion to include the $5,000 for the trolley in this budget amendment rather than having to put together a separate ordinance later. Amended Motion: Approve Ordinance. No. 20-09-95 to include the $5,000 for the trolley Moved by Parsons, seconded by Fletcher Finance Director Nelson Van Liere clarified that amendment for the trolley would be to the general fund. He further explained the amendments to the budget. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request from Judy and Michael Nelson for variance to deadline for payment of sewer impact fee. City Manager Hanson explained the sewer impact fee and the request for the variance. Motion: Allow Mr. & Mrs. Nelson to pav the lower impact fee of $1,250 due to the medical criteria presented, as an exception to them only. Moved by Borno, seconded by Woods. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Request from Christopher Shawn Roden to provide tattoo services at 25 Sailfish Drive City Clerk Bartle explained the request and showed a slide of the business location. Motion: Approve request from Christopher Shawn Roden to provide tattoo services at an existing commercial location in coniunction with retail art shop at 25 Sailfish Drive, subiect to proper licensing for such services. Moved by Borno, seconded by Fletcher. Commissioner Borno stated he previously had concerns regarding the location of the physician who is to be the oversight for the medical side of this business, but stated he has received his answers and is now comfortable enough with his location. Commissioner Woods stated she went to the business and was thoroughly impressed with the cleanliness of the operation. Jauuarv 26.2009 REGULAR COMMISSION MEETING Paae 5 Mr. Roden explained his overseeing doctor lives in Atlantic Beach but his practice is in Crescent City. Votes: Ayer 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Approve the FY 2008-2009 Tree Planting Program Public Works Director Rick Carper explained the Tree Planting Program and showed slides of the various trees available for adoption. He further explained the tree plantings proposed for the Seminole Road ditch bank, stating the low bid for this project came in at $4,500 which is less than what was in his staff report. He further stated the total cost for the Seminole Road portion of the project will be about $6,000. Mr. Carper then answered questions from the Commission. Mr. Carper explained all the funds for this program are derived from the Tree Fund. Motion: Annrove use of funds for annual tree alantina aroEram. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve asked if the shrubs along Mayport Road that were damaged by the freeze are covered under warranty. Mr. Carper stated he would have to get back to him, because the damage might be considered an Act of God. (Item 8D was taken out of sequence and acted on earlier in the meeting.) City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the joint meeting with Neptune Beach regarding the art work in Town Center is scheduled for Tuesday, February 24, 2009 at 6:00 pm at Adele Grage. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Thanked staff for the bus tour and the mayor for arranging the tour. • Represented the City at the Martin Luther King celebration. Mayor Meserve Captain Bowman asked him to set up a meeting for various public officials in Atlantic Beach and Duval County to discuss a master plan for the Mayport area. January 26.2009 REGULAR COMMISSION MEETING Paae 6 Stated there was a meeting of the Port Authority today regarding the cruise ship, although he does not yet know what the outcome was. He stated they are going to take it before the City of Jacksonville Tuesday night. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 6:55 p.m. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk