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Draft Min 9-28-09MINUTES REGULAR CITY COMMISSION MEETING September 28, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: 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 Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey Call to Order/Pledge Mayor Pro Tem Borno called the meeting to order at 6:00 p.m. Mayor Pro Tem Borno 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 September 14, 2009. Motion: Aaprove the minutes of the Regular Commission Meeting of September 14, 2009, as read. Moved by Parsons, Seconded by Fletcher Votes: Aye: 4 --Borno, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Pro Tem Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Sally Clemens, 1638 Park Terrace West, addressed the Commission regarding Item 8B, stating every time the St. Johns Water Management District's name appeazs, she questions what this agency wants. She wondered what this agency has accomplished since it has been in existence and suggested our local area should find appropriate persons to replace those appointed positions on the governing boazd that aze up on March 1, 2010. Eric Kritsky, 196 Seminole Road, asked the Commission to get creative and think of ways to cut expenses rather than raise the millage rate. Kim Wright, 298 Sherry Drive, principal of Atlantic Beach Elementary, thanked the Commission for their continuing support of Atlantic Beach Elementary. No one else from the audience spoke so Mayor Pro Tem Borno closed the Courtesy of the Floor to Visitors. Commissioner Parsons introduced the Chairperson of the Atlantic Beach Public Arts Commission, Tracie Parsons, who presented the City with a check for $7,500 from their fundraiser for the "In Seazch of Atlantis" statue. Seatember 28.2009 REGULAR COMMISSION MEETING Pane 2 Unfwished Business 3. Unfmished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. 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 the Monthly Financial Reports for August 2009. B. Award the annual contract for Electrical Troubleshooting, Repair and Installation to Brooks Limbaugh Electric Co., Inc. at the rates listed in Bid No. 0809-10. C. Award annual contract for Environmental Laboratory Services (RFP No. 09-02) to Advanced Environmental Laboratories, Inc., Columbia Analytical Services, Inc. and Environmental Conservation Laboratories. D. Extend the contract for Beach Cleaning with Beachcombers North, Inc. for one year at the current prices. Mayor Pro Tem Borno read the Consent Agenda. Commissioner Parsons pulled Item C. Motion: Anarove Consent Agenda Items A, B. and D as read. Moved by Parsons, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Parsons asked if it was unusual to award three different contracts at the same time and asked for clarification as to why this was done. Public Utilities Director Donna Kaluzniak explained this was done because this is a professional service where one lab might have certain strengths in an area different from another lab and vice versa. She stated this allows them to go to the lab that is the strongest in the area they are testing at the time. Motion: Aunrove Consent Agenda Item C as read. Moved by Fletcher, seconded by Parsons September 28, 2009 REGULAR COMMISSION MEETING Page 3 Votes: Aye: 4 -Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18 - 24, 2009 AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. Mayor Pro Tem Borno read Resolution No. 09-14 in its entirety. Motion:. Approve Resolution No. 09-14, as read. Moved by Parsons, seconded by Woods Commissioner Pazsons expressed his support of the Resolution. Mayor Pro Tem Borno asked the City Manager if the City received boxes of materials that could be utilized. City Manager Hanson stated they did receive a pamphlet which could be used when making a presentation at the schools. Mayor Pro Tem Borno encouraged the Commission to contact the local schools and offer to present this program to them to educate the school children about city government. Votes: Aye: 4 -Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Resolution No. 09-12, Public Hearing and Final Reading on adopting a Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; STATING THE PERCENTAGE BY WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Borno read Resolution No. 09-12 by title only. He explained this is to adopt the millage and operating budget for Fiscal Yeaz 2009-2010. He stated the first item to be considered is the adoption of the millage rate, Resolution No. 09-12. He stated the tentative millage rate is 3.1553, the roll-back rate is 3.1553 and the tentative millage is 0% higher than the roll-back rate. He further stated the purpose for adopting September 28„x,2009 REGULAR COMMISSION MEETING Page 4 the millage rate of 3.1553 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the budgeted level of services at anticipated increased costs and to continue to maintain the City's infrastructure. Motion: Approve Resolution No. 09 12 adoating.tLje millase rate of 3.1553. Moved by Parsons, Seconded by Fletcher Mayor Pro Tem Borno opened the Public Hearing. No one from the Audience spoke so Mayor Pro Tem Borno closed the Public Hearing. Commissioner Fletcher asked the City Manager to explain to the audience the background of how they reached this year's budget. City Manager Hanson explained the process to balance the budget this year. He explained where the cuts had been made and why it was necessary for the 5% tax rate increase. Commissioner Fletcher stated he further believes it is important to clarify that this is the roll-back rate, which this year happens to be a roll-up rate to make sure we capture the same amount of ad valorem tax revenue that we captured last yeaz. He stated what makes that so important this year is the fact that other sources of general fund revenue have either declined or vanished, which is why we aze where we aze. Votes: Aye: 3 -Borno, Fletcher, Parsons Nay: 1-Woods MOTION CARRIED Action on Ordinances 7. Actian on Ordinances A. Public Hearing and Final Reading on Ordinance No. 20-09-99 establishing the Operating Budget for Fiscal Year 2009/2010. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. Mayor Pro Tem Borno read Ordinance No. 20-09-99 by title only. Mayor Pro Tem Borno stated the second item to be considered was Ordinance No. 20-09-99, establishing the operating budget for the fiscal yeaz of 2009-2010 of $29,756,862. Motion: Approve Ordinance No. 20-09-99 establishina the operatine budget for the fiscal year of 2009-2010, as read. Moved by Parsons, Seconded by Fletcher Mayor Fro Tem Borno opened the Public Hearing. No one from the audience spoke so Mayor Pro Tem Borno closed the Public Hearing. Commissioner Fletcher asked if this incorporates the amendments that were attached at the last meeting. Mr. Hanson stated it did. September 28 2009 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 3 -Borno, Fletcher, Parsons Nay: 1-Woods MOTION CARRIED B. Ordinance No. 90-09-210, Public Hearing and Final 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 SECTION 24-174, BOATS AND WATERCRAFT, AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mayor Pro Tem Borno read Ordinance No. 90-09-210 by title only. Motion: Annrove Ordinance No. 09-09-210, as read. Moved by Woods, Seconded by Parsons Mayor Pro Tem Borno opened the Public Hearing. No one from the audience spoke so the Mayor Pro Tem closed the Public Hearing. Commissioner Woods clarified this Ordinance is addressing abandoned boats or people living on boats dumping waste in our waterway, which is a good thing for the City. Mayor Pro Tem Bomo agreed and also thanked Sonya Doerr and staff for putting this Ordinance together. Votes: Aye: 4 -Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 5-09-51, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Borno read Ordinance No. 5-09-51 by title only. Motion: Aaarove Ordinance No. 5-09-51, as read. Moved by Pazsons, Seconded by Woods Mayor Pro Tem Borno opened the Public Hearing. No one from the audience spoke so the Mayor Pro Tem closed the Public Hearing. Commissioner Woods thanked Commissioner Parsons for initiating this. September 28.2009 REGULAR COMMISSION MEETING Pase 6 votes: Aye: 4 - Borna, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request for Signs Indicating "No Hanna Park Access" from Seminole Road. City Manager Hanson explained at the last Commission meeting a complaint was passed along that a lot of people seem to be going all the way to the end of Seminole Road looking for a way to get to Hanna Pazk or the Navy base and it was suggested that we look at signage to get people turned azound. He stated Mr. Carper will make a report on signage and mapping. Public Works Director Rick Carper showed slides of sample signs and explained the solution staff proposed. He stated the cost for the signs would be approximately $84/each. He further stated Google Maps and AAA Maps show Seminole Road being continuous at Hanna Pazk. He stated staff determined there are two electronic data sources that provide the data for all of the various GPS manufacturers and they get their data dumps from the major municipalities. He stated staff has assured the City of Jacksonville's data base is correct so the next time these electronic firms draw down their data from Jacksonville, the maps will be updated. Commissioner Woods stated, when she travels with her family they always look for the brown signs indicating state parks and suggested brown Hanna Pazk signs be put up with the traffic lights and asked if those standard brown pazk signs can be requested from the State. Commissioner Pazsons disagreed with putting additional signs at the five points intersection, citing the sign ordinance. He agreed to putting the signs at Seminole and Sherry. After further discussion, it was the consensus of the Commission to have staff proceed with the signs. B. Consumptive Use Permit Issued by the St. Johns Water Management District City Manager Hanson explained the Consumptive Use Permit and reviewed some of the controversial conditions attached to this permit. He recommended the Commission review these conditions and advise staff how to proceed. Commissioner Parsons recommended rejection of this permit. Commissioner Fletcher agreed, stating he wanted to go on record that he was flat opposed to delving into and considering modifying Atlantic Beach's Code to match this. Mayor Pro Tem Borno stated he doesn't believe this is fair to Atlantic Beach and it is too heavy handed. Ms. Kaluzniak stated she understands they can assess penalties but in the history of the District they haven't done that a lot. She stated one of the District people told her they September 28.2009 REGULAR COMMISSION MEETING Page 7 are going to step up on their enforcement of Consumptive Use Permits. She stated a modification can be requested, but she does not believe we would be very successful. Commissioner Woods stated she does not see how this would be economically feasible. Commissioner Fletcher stated he believes this puts a regulatory burden on our residents and he does not want to go in that direction. Further discussion ensued. City Attorney Alan Jensen stated from discussions with the District's attorneys they were able to get some Florida Administrative Code modifications, which has to go through a lengthy process through the State government that they believe entitles them to exclusive jurisdiction over haw water can be used. He stated, therefore, they believe they can tell the cities what they have to do. He stated he discussed with them, for example, that our irrigation ordinance akeady states that we will comply with the watering dates and times promulgated by the District but they said that was not good enough because they want it outlined specifically in our ordinance what those dates and times were. Mr. Jensen stated he azgued with them that we would have to change our ordinance if they changed their rules, which doesn't make any sense. He stated he informed them that we do a lot of things in our Ordinances that say we will follow the State statute in that regazd as it may be revised in the future, but we don't set forth the specifics from State statutes. He told the District they may want to send someone here to explain to our City Commissioners why we have to do all these things and why we have to have a reuse water ordinance in effect when we don't have a facility. He further stated if we want to request a modification we may also want to request that they send a spokesperson to answer questions and explain to not only the Commission but the citizens as well what they are trying to do. Mayor Pro Tem Borno stated he will also take this issue to the Northeast Florida League of Cities. It was the consensus of the Commission that they will take no action now and will work out the modifications to get the permit within a reasonable form. Mayor Pro Tem Borno stated he will draft a summary letter to our Representatives and Senators requesting review and clarification and also to have this rescinded. City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported on the latest alcohol deployment stating, out of the fourteen businesses checked, three businesses sold to underage informants. He stated of those three, one has sold alcohol to minors on two other occasions this yeaz. He stated Mayor Pro Tem Boma has sent a letter to this business and we will be checking them again in upcoming deployments. Mr. Hanson further stated there was a status report on grants attached to the agenda. Mayor Pro Tem Borno stated he appreciated staff's work on these grants, being led by David Thompson. September 28 2009 REGULAR COMMISSION MEETING Pace 8 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Appointment of Mayor to fill unexpired term of John Meserve. Mayor Pro Tem Borno read Sec. 6 Qualifications and disqualifications and Sec. 12 Vacancies in the city commission requirements from the City Charter. Motion: Nominate Rick Beaver to be appointed Mavor to fill unexpired term of John Meserve Moved by Parsons, Seconded by The motion failed for lack of a second. Motion: Nominate Admiral Henry Ulrich to be appointed Mavor to fill unexpired term of John Meserve Moved by Woods, Seconded by The motion failed for lack of a second. Motion: Nominate Bill Gulliford to be appointed Mavor to fill unexpired term of John Meserve Moved by Fletcher, Seconded by Borno Commissioner Fletcher stated when this vacancy occurred, he looked at former Mayors and Commissioners to fill the position. He approached former Mayor Gulliford about accepting this position and stated Mr. Gulliford was very enthusiastic about it. He stated Mr. Gulliford is a former mayor, has held the gavel before and is a good person. Commissioner Parsons asked what the process from this point is. He asked, if this should not pass, do they nominate again? City Attorney Jensen stated they will go until three of the Commission agree on the person to fill the position of interim mayor. Commissioner Parsons stated he would like to hear some discussion from the other Commissioners before he makes up his mind. Mayor Pro Tem Borno stated he has a lot of respect for all of the past mayors, but Bill Gulliford had his feet on a level field, speaks his mind and leaves no doubt about what he has to say. He stated Mr. Gulliford does not have an axe to grind. He stated he could support his nomination. Votes: Aye: 4 - Borno, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED City Attorney stated the deadline to swear Mr. Gulliford in is this Friday. Commissioner Parsons Asked whether there will be a notification of a start and finish date for Royal Palms street construction. City Manager stated there is a process in place for notifying the citizens. He stated flyers will be distributed door-to-door and there will be a schedule on the website. He further stated they will try to give Seatember 28 2009 REGULAR COMMISSION MEETING Page 9 each street notice a few days ahead of time that they will be starting their street and telling them to expect construction traffic, etc. • Announced the thank you reception for past elected officials and committee members is this Wednesday night, September 30. He stated Commissioner Borno, Mr. Hanson and he will be helping with the cooking. Commissioner Woods stated she will be there helping, as well. • Thanked the volunteers and donors who helped with the fund raising for ABPAC. He stated they still have maquettes of the statue left, if someone wants to buy one. Commissioner Fletcher • Thanked ABPAC also. Commissioner Woods • Stated you can go to the Florida League of Cities website, flcities.com, and download the Educational Program literature. She stated she has contacted Atlantic Beach Elementary about Commissioner Fletcher taming by to talk to the children. She stated she also has a call in to Mayport Middle School to see if one of the Commissioners can come speak to the children there, as well. • Stated there was an article, "Ounce of Preventative Medicine", in the paper today. She stated our employees did have to give up some things to keep the insurance rates down. She stated this preventative program is very intriguing and believes this is something the City needs to look into. She stated, hopefully, this would save money as well as save lives and improve health. Mayor Pro Tem Borno • Stated he is looking forward to contacting the schools and would be interested in being involved in that. Adjournment There being no further discussion, the Mayor Pro Tem declared the meeting adjourned at 7:19 p.m. Mike Borno, Mayor Pro Tem/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk