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Draft Min 2-9-09MINUTES REGULAR CITY COMMISSION MEETING February 9, 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. 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 January 26, 2009. Motion: Aaarove the minutes of the Regular Commission Meeting of January 26. 2009. as written. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business (SB taken out of sequence) B. Letter from Jerry Holland, Supervisor of Elections. Supervisor of Elections Jerry Holland explained his recommendation asking Atlantic Beach to put a referendum on the ballot extending the time between qualifying and the election to six weeks which would take effect in the 2011 election. After several questions to Mr. Holland, it was the consensus of the Commission to go forward with an Ordinance allowing a referendum to be put on the ballot for the time extension and other minor changes. 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. None. Febrnary 9.2009 REGULAR COMMISSION MEETING Pace 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 List of New Business Tax Receipts for January 2009. B. Extend the contract with Florida Pipe Tech., Inc. for Storm Water Jetting, Cleaning & Televising for the Public Works Department for one year at current prices and authorize City Manager to sign related paperwork. C. Extend the contract with Shaw's Tree Service, LLC for Trimming Palm Trees for one yeaz at current prices and authorize City Manager to sign related paperwork. D. Extend the contract with Tom's Asphalt Repairs, Inc. for Asphalt Repairs for the Public Works/Utilities Department for one year at current prices and authorize City Manager to sign related paperwork. Mayor Meserve read the Consent Agenda. Commissioner Parsons asked that Items B, C, and D be pulled. Motion: Aaarove Consent Agenda Item A as read. Moved by Borno, seconded by Parsons Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Parsons questioned Public Works Director Rick Carper regarding whether the prices for Item B are for the yeaz. Mr. Carper confirmed it is for a year at $10,000. Commissioner Parsons further questioned whether the extension for Shaw's Tree Service was also a total for the fiscal yeaz. Mr. Carper stated those were the totals for those specific line items, but there are additional funds expended for any work Public Utilities needs at a unit price per tree, as well as additional funds for trees in the parks. Commissioner Parsons stated he believes Tom's Asphalt does shoddy work. Mr. Carper explained this is the first complaint he has had and he has always been satisfied with Tom's work. He stated when there has been an issue with a job, Tom's has always come back out and fixed it. He stated Tom's Asphalt does what they tell him to do. He stated all they are paying them to do is cut out damaged asphalt and put some other asphalt in. He stated they aze not paying them for any base work. Mr. Hanson explained dips in the road are the result of improper compaction, which is often caused February 9.2009 REGULAR COMMISSION MEETING Page 3 by utility crews. He stated the asphalt company is not supposed to tamp that dirt back, just put the asphalt on top. Motion: Aaarove Consent Agenda Items B, C, and D 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. 55-09-35, Public Hearing and Final 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 EFFECTIVE DATE. Mayor Meserve read Ordinance No. 55-09-35 by title only. Motion: Aaurove Ordinance No. 55-09-35 as read. Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Woods asked when this contract comes back up and if there will be more increases at that point. Mr. Carper explained the contract with the sanitation hauler has a specific allowance in it for two different types of cost increases, an annual CPI increase, and a quarterly fuel rate adjustment which can go up or down stating last quarter it dropped substantially. Commissioner Fletcher asked what the impact of the reduction in the fuel surcharge is to each individual payer. Mr. Carper stated there is no impact to the individual payer because our rate the residents pay is mandated by ordinance. The only effect the CPI cost or the fuel rate has is the amount the City pays to the hauler. Febmarv 9.2009 REGULAR COMMISSION MEETING Page 4 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 20-09-95, Pu61ic 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. 20-09-95 by title only. Motion: Approve Ordinance No. 20-09-95 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. Mr. Hanson explained the reductions in the City's revenues which necessitated the budget amendment. Commissioner Fletcher expressed concern that this year the reductions in revenue were offset by cutting expenses that were not continuing expenses but next year he believes the City may not have that same luxury and might be in a much greater bind. Mr. Hanson explained over the years the City has been making capital improvements , such as Hopkins Creek stormwater system, and funding them out of cash, which now leaves the flexibility of not doing capital projects when we don't have the funds because they are pretty much already completed. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Donner Park Proposed Improvements. Mr. Hanson explained the City has received block grant money allocated to put some tennis courts in Donner Park but Rick Carper and David Thompson concluded it was best to do some master planning for the park so they maximize the use of the space. Rick Carper explained the proposed improvements and answered questions from the Commissioners. Motion: Approve general layout of proposed improvearents to Donner Park Moved by Borno, Seconded by Woods Commissioner Borno suggested sweat equity to get the community involved and get some pride in ownership. Mayor Meserve also suggested looking at parking, which February 9.2009 REGULAR COMMISSION MEETING Pace 5 Mr. Carper stated is under consideration. Mr. Carper stated he would like to see some type of pervious material used for any parking that goes there. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED (Item 8B was taken out of sequence and acted on earlier in the meeting.) C. Polymer for Wastewater Treatment Plants (Bid No. 0809-04). Utility Director Donna Kaluzniak explained why the polymer we received from Ciba did not work and requested the Commission authorize polymer to be a sole source product and also authorize the cancellation of the contract with CIBA. Motion: Cancel contract with CIBA Specialty Chemicals and authorize staff to use LC802C Polymer from Leahchem Industries as a sole source product. Moved by Fletcher, Seconded by Borno Ms. Kaluzniak explained there are no ramifications from cancelling the contract with CIBA. Ms. Kaluzniak answered several questions from the Commission. Votes: Aye: S - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Mayport Road Update. Assistant City Manager David Thompson gave an update on the progress made on Mayport Road including the reduction in violent crime, traffic crashes, and injuries; efforts on prostitution and transient issues; code enforcement violations; and upcoming events. He also reminded everyone of the meeting on landlord/tenant issues tomorrow night at Donner Park. Commissioner Woods stated she would like to see more of our events posted on the Beaches Leader calendar. Mr. Thompson agreed these events need to be promoted more in the local media as well as on our website. Mayor Meserve reported he will attend the Jacksonville City Council meeting tomorrow. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported Legislative Action Day is scheduled for March 25 in Tallahassee and stated if any Commissioner wants to go to let him know. February 9.2009 REGULAR COMMISSION MEETING Pale 6 Reports/itequests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Reported Glen Fisher's term on the Board Member Review Committee expires March 27, 2009 and asked whether the Commission wanted the BMRC to bring back a recommendation for this upcoming vacancy or does the Commission want to handle it without the Board's involvement. It was the consensus of the Commission that they should appoint the members to that board. • Reported he received a letter from the Career Counselor at Mayport Middle School regarding Evan Bell, who passed away. He stated they are asking for funding fora $50,000 room in his honor in the teen wing of the 4~' Floor of Wolfson's new addition. Commissioner Parsons • Agreed with Commissioner Woods regarding we should put more calendar events in the newspaper. • Wished the runners, planners and volunteers good luck during the marathon. Commissioner Woods • Thanked everyone for picking up the bandwagon with Evan's Room, stating they were close friends. Commissioner Fletcher • Stated he was delighted we have a Proclamation to show the City's support for Evan Bell. • Regarding the Board Member Review Committee vacancies, he stated the Resolution reads that members who are not automatically on will be appointed by the Mayor subject to the approval of the Commission. Mayor Meserve • Read the Proclamation for Evan Patrick Bell and asked the Commissioners to sign it. • Reviewed the topics discussed at strategic planning. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:08 p.m. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk