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Draft Min 9-13-10 MINUTES REGULAR CITY COMMISSION MEETING September 13, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Commissioner Jonathan Daugherty City Manager Jim Hanson Mayor Pro Tem John L. Fletcher City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Paul Parsons (Excused) Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of August 23, 2010. Motion: Approve the minutes of the Regular Commission Meeting of August 23, 2010, as written. Moved by Daugherty, Seconded by Woods Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno recognized the members of Boy Scout Troup 37 in the audience stating they were working toward their Citizenship in the Community merit badges. He further welcomed Lt. Vic Gualillo who was sitting in for Chief Classey. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Richard Selby, 3 Forrestal Circle N., asked for the response to the three questions he asked at the last meeting: the irrigation on Mayport Road; the visual obstruction on Mayport Road for turning south to north; and the maintenance cost of maintaining the beautification as well as the cost of water for that. Mayor Borno responded that Item 3A tonight responds to his question regarding the irrigation which states the use of irrigation water is allowed seven days /week for the first thirty days after major replanting effort and every other day for the next thirty days. He further stated citizens suspecting a malfunction in any public watering system should report that directly to the City's Public Works Director rather than waiting for a City Commission meeting, so it can be repaired more quickly. Mayor Borno stated he did not have before him an answer on the other two questions but promised they would have an answer to him before the next meeting. Mr. Hanson stated this is not intended to be a question and September 13, 2010 REGULAR COMMISSION MEETING Page 2 answer session and encouraged Mr. Selby to call the Public Works Director directly to discuss his questions. Mr. Selby stated he was unaware that was how this was handled and appreciated their input. Trevor Richter, 457 Snapping Turtle Ct. W., addressed the letter of response attached to Item 3A from the City Manager to Commissioner Woods, stating he believes the final page of the City Manager's response to Commissioner Woods is inappropriate and unnecessary and somewhat political. He stated he doesn't believe it is the City Manager's role to play politics. He believes that should be done by the Commissioners and the City Manager should be doing what the Commissioners ask him to do. He further stated he supports what Commissioner Woods is doing and believes a lot of other people do. He stated he respects Mr. Hanson's right to defend against the allegations but reiterated he believes the last page of his letter is inappropriate and political. No one else from the audience spoke so Mayor Borno 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 City Manager Jim Hanson stated Mayor Borno already gave his report on the previous complaint on irrigation and would encourage any citizens with similar complaints to call the Public Works Department so the problem can be fixed immediately rather than wait for a Commission meeting. He further reported on water loss stating in a recent budget workshop the Commission discussed the amount of water loss we have shown on monthly reports as the gross difference between what we pump out of the water plants and what we bill to customers. He stated in recent years it has ranged between 10-13% and has been increasing in the last few months up to a high this month of 16 %. He stated an article in the August 2010 issue of Water World Magazine reported the average amount of water loss for utilities throughout the nation is about 22 %. He stated the City increased our meter replacement program which is one area where we can improve our water loss a little and we have been prudent in trying to keep the water loss down which he believes the national figures show. Mr. Hanson stated he did not want to get into a whole lot of the allegations that were made at the last meeting but wanted the record to reflect that he made a written report about that set of allegations, which is attached to the agenda packet, and will answer any questions but believes it inappropriate to spend a lot of City time going into it. Commissioner Woods stated in response to the City Manager and City Attorney's letters to her she has also had a written response added to the agenda packet. Mayor Borno questioned this being added to the agenda packet. City Clerk Donna Bartle stated we could reference it at this meeting and then add it as an attachment to the minutes rather than go back and amend the agenda packet. Commissioner Woods stated she did not agree with that because she has had information given to her at meetings that is included as part of the packet and does not see that there is any September 13, 2010 REGULAR COMMISSION MEETING Page 3 difference in this information, so would request that it be included into the agenda packet. Mayor Borno stated he had not had an opportunity to read it until he came in tonight. Commissioner Woods stated that happens quite often and she does not believe it is an issue to include it in the agenda packet along with their responses. Mayor Borno stated that is not a correct way to do this because the City Attorney's response is not here. Commissioner Woods stated then she will have it ready for the next agenda packet. City Clerk Bartle stated since she is mentioning this at the meeting and it wasn't in the agenda packet for people to have seen it then it is probably better to attach it to these minutes saying it was mentioned and it was asked that the document be attached to the minutes. She stated we would put it in the draft minutes and when they are approved it would be part of the minutes. Commissioner Woods asked if it would show up as written. City Clerk Bartle stated yes, her letter would be an attachment. Commissioner Woods stated she is a little weary of that approach because in the past when citizens have spoken and asked to have their comments attached to the minutes, they don't actually show up in the minutes so she believes she will just hold off and make it a part of the next meeting. City Clerk Bartle stated if it is included as a part of the next agenda packet, then it is going to be an item that will be addressed and asked if this is what she wanted. Commissioner Woods stated that is fine. 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 Recreation Programs and Special Events for July 2010; Building Department Monthly Activity Report, Utility Sales Report and List of New Local Business Taxes for August 2010; and Public Works and Utility Departments Project Status Report on September 1, 2010. B. Award a one (1) year contract to expire on September 30, 2011 to Miracle Janitorial Services (Bid No. 0910 -12) in the amount of $45,180.00. C. Award the contract for Concrete Repairs for the Public Works/Utilities Department to W.W. Engineering, Inc (Bid No. 0910 -14) for one year starting October 1, 2010. D. Authorize the City Manager to approve the contract extension to the Hurricane Debris Removal Contract with T.F.R. Enterprises (Bid No. 0809 -09) for another year. Mayor Borno read the Consent Agenda title only. Commissioner Daugherty pulled Items C and D and Commissioner Fletcher pulled Item A. Mayor Borno read Consent Agenda Item B. September 13, 2010 REGULAR COMMISSION MEETING Page 4 Motion: Approve Consent A enda Items B as read. Moved by Daugherty, Seconded by Fletcher. Daugherty congratulated staff on getting this put together with the $10,000 decrease in the price. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Commissioner Fletcher noted that last month we billed for more water than we produced and had a negative water loss. Mayor Borno read Consent Agenda Item A. Motion: Approve Consent Agenda Items A as read. Moved by Daugherty, Seconded by Fletcher. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Regarding Item C, Commissioner Daugherty stated the bids were opened on August 25 and the contract expired on August 31 and asked why the timing was so short between the bid and the expiration. Public Works Director Rick Carper stated it was staff oversight in both cases, Item C and D. Commissioner Daugherty stated he would like to see bids at least a month before contracts expire. Mayor Borno stated his request will be looked into by staff. Mr. Carper stated it has been staff philosophy to do the new contract close to the expiration just to avoid having a lame duck contractor. Regarding Item D, Commissioner Daugherty stated he does not understand why we are renewing the contract for debris removal during hurricane season. He stated that is like negotiating your fire insurance while your house is on fire and does not make sense. He suggested we renew it for a period of six months and then we can negotiate our debris removal during the off season and possibly get a better price. Mr. Carper stated the contractor has agreed to extend this contract for a year or, if the Commission prefers, through the end of this storm season. After further discussion, it was the consensus of the Commission to extend the contract to January 1, 2011. Motion: Amend Agenda Item D to extend the contract to January 1, 2011. Moved by Fletcher, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED September 13, 2010 REGULAR COMMISSION MEETING Pace 5 Mayor Borno read Consent Agenda Item D as amended and Item C. Motion: Approve Consent Agenda Items D, as amended, and C, as read. Moved by Daugherty, Seconded by Woods. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO. 10-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, ACCEPTING AND ADOPTING THE UPDATED DUVAL COUNTY LOCAL HAZARD MITIGATION STRATEGY DOCUMENT. Mayor Borno read Resolution No. 10 -11 by title. Motion: Approve Resolution No. 10 as read. Moved by Woods, Seconded by Daugherty. Assistant City Manager David Thompson explained the local mitigation strategy stating the City must adopt this plan in order to be considered for any grant money. Mr. Thompson further stated that they were asked downtown to ask the Mayor to open this item up for public comments. Commissioner Fletcher asked who the parties are to this agreement. Mr. Thompson stated it has to be registered with the State of Florida, and Jacksonville, Neptune Beach, Jacksonville Beach, and Baldwin will adopt this particular document as the Duval County Hazardous Mitigation Plan. Commissioner Fletcher asked if we commit any financial resources to this. Mr. Thompson stated no. He further explained you can apply for funding for different things but are not eligible to get any of those grants funded if you have not adopted it and are not part of this system. Mayor Borno opened the public hearing. No one from the audience spoke so Mayor Borno closed the public hearing. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 80-10-80, Introduction and First Reading September 13, 2010 REGULAR COMMISSION MEETING Paae 6 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 22 -27 CHARGES FOR WATER SERVICE, TO DELETE OLD RATES FROM THE RATE TABLE IN THE CITY CODE: AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22 -166 MONTHLY WASTEWATER BASE FACILITY CHARGES TO INCREASE RESIDENTIAL AND COMMERCIAL BASE CHARGE RATES AND DELETE THE OLD RATES; AND AMENDING SECTION 22 -167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE RATES FOR WASTEWATER VOLUME CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS AND DELETE THE OLD RATES. Mayor Borno read Ordinance No. 80 -10 -80 by title. Motion: Approve Ordinance No. 80 -10 -80 as read. Moved by Fletcher, Seconded by Daugherty. Mayor Borno noted the actual amount of the proposed rate increases as stated in Division 7. Commissioner Woods explained her reasons for recommending why, if these fees need to be raised, it should come out of the tax base. She further recommended that they do not follow through with the entire TMDL project. She stated although it has been decided that the Buccaneer plant needs to be closed, the report said we could meet our TMDL State mandates by using the Buccaneer for a while and upgrading the Water Treatment Plant 1. She believes this would allow the City to postpone approximately a $4 million expenditure at this time, which would help minimize some of the costs and increases we are going to have to make to pay for all of these improvements and, thus the charges we will have to inflict on our citizens, who are definitely struggling at this point. Commissioner Daugherty stated he does not believe this is anywhere near being a burden to people and does not see any problem with it at all. Votes: Aye: 3 — Borno, Daugherty, Fletcher Nay: 1- Woods MOTION CARRIED B. Public Hearings on adopting a Tentative Millage Rate and adopting Ordinance No. 20 -10 -105 establishing the Operating Budget for fiscal year 2010/2011. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. Mayor Borno read Ordinance No. 20 -10 -105 by title. He stated the first item to be considered is the Adoption of a Tentative Millage Rate. He stated the Millage Rate is 3.1553; the Tentative Millage Rate is 3.1553; the Roll —Back Rate is 3.2898; and the Tentative Millage Rate is 4.09 percent less than the Roll -Back Rate. He further September 13, 2010 REGULAR COMMISSION MEETING Page 7 explained the purpose for adopting the millage rate of 3.1553 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated increased cost and to continue to maintain the City's infrastructure. Motion: Adopt a Tentative Millage Rate for operating purposes of 3.1553. Moved by Fletcher, Seconded by Daugherty. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the public hearing. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Mayor Borno stated the second item to be considered was Ordinance No. 20 -10 -105 establishing the Operating Budget for fiscal year 2010/2011 of $35,411,428. Motion: Adopt Ordinance No. 20 -10 -105 establishing the Operating Budget for fiscal near 2010/2011 Moved by Daugherty, Seconded by Fletcher. Mayor Borno opened the Public Hearing. Ray Brown, 523 Clipper Ship Lane, addressed the Commission stating over the last four years the budget for Atlantic Beach has increased 13% /year, which costs each resident approximately $2,700. He stated inflation during this time period was 2.4 %. He stated if this trend continues for another four years, the cost per citizen will be $5,000. He asked, when is this government going to learn to live within the rate of inflation. He stated during the budget hearings not one Commissioner asked any Department Head what they have done to improve the efficiency of their operation to reduce costs. He stated the Mayor asked what they wanted to put in the budget but not what should be cut. He stated the Utility Department is selling less water and treating less sewage but can't seem to reduce costs. He stated, however, the Assistant City Manager is touting cost reduction benefit for a grant that reduced storm water filtration into the sewage system on the basis that treating less sewage costs less. He asked if they tried to determine who was accurate or inaccurate or is this doublespeak. He further stated the pension funds are bankrupt but the City is giving money away to entities outside the City. He asked why not apply all available funds to reduce the unfunded liability. He stated although the employees didn't get a pay raise last year, they have gotten one for at least ten years, however, last year inflation was negative so no pay raise is actually a pay raise. He stated they don't need to finagle a way to find more money to give the employees additional pay. He stated in these difficult times, a job should be enough reward. He stated this budget can be reduced. He stated prime candidates for elimination are assistants and supervisory positions because he believes we have an excess number. September 13, 2010 REGULAR COMMISSION MEETING Page 8 No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Daugherty pointed out that of all the cities in Northeast Florida he believes we are one of the only ones, if not the only one, that is not raising their millage rate this year and believes a lot of that has to do with some of the management we have and things that were done five and ten years ago. He stated he believes our City is in very good shape and is very happy not to have to do what everybody else has to do this year. City Manager Hanson also pointed out to the audience that when you are comparing the City's budget over several years, you are comparing a budget which includes capital costs and we have to meet nitrogen standards in the St. Johns River just like everybody else. He stated there are tremendous capital dollars that have to be invested and if you are going to compare a City budget that has those capital dollars in them, you are going to see a big increase. He stated they would find a much different number if they were just looking at operating expenses, which is broken out separately in the budget. He further stated our Finance Director could sit down with anyone who would like to look at what those changes have been over the last several years. Mayor Borno stated in going through the budget hearings there were things that were cut and tightened, although maybe not to the agreement of some people, but it is a very tight budget and has been for the last couple of years. Mayor Borno stated he believes staff has given them a very good, hard budget to deal with within the parameters they have been given guidance on. Commissioner Fletcher stated this is the result of about 17 hours work from all of them here and it is not like they are going through this process with no comments tonight. Commissioner Daugherty commented on the statement that was made that the Commission had not questioned Department Heads and he knows there have been plenty of questions and those questions were asked before tonight's meeting. Votes: Aye: 3 — Borno, Daugherty, Fletcher Nay: 1- Woods MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Approval of Beaches Veterans Memorial Park Grant for Phase 1 Construction. Mr. Thompson presented a slide showing the aspects of Phase 1 of the project and explained the funding. He stated staff was requesting the Commission's approval to move forward with this Phase. Mr. Hanson further explained this is the approval to execute the grant document with the City of Jacksonville for the $50,000. He stated they have already approved the budget amendment to add the funds in, both in September 13, 2010 REGULAR COMMISSION MEETING Page 9 revenues for these grants and expenses so they can do the work. He reiterated this approval tonight gives the City authorization to sign off on the agreement with the City of Jacksonville. Commissioner Daugherty stated he understands the $50,000 grant but the remaining funds are basically promised money. He asked what is the reasonable expectation that we will get this $25,000 from those two organizations. Mr. Hanson stated he has just sent invoices to the Rotary Club and VFW and expects we will get checks from both of them within a very short amount of time and, if not, he would report it to the Commission if they are having a problem. He stated his understanding was that the money was available as soon as they sent the invoice. He stated they were waiting to get the bids in place so we could give them a copy of the actual bid to show the cost. Mr. Thompson stated we are not buying or installing anything until we have the money. Mr. Hanson stated they have already ordered the flag. Commissioner Fletcher suggested stipulating or getting an understanding that construction does not commence until we have all the money in hand. Commissioner Woods stated she understands the concerns of Commissioners Daugherty and Fletcher but believes this situation is completely different than those in the past. She stated these are two well established, long -term organizations and this is a very formal contract with the City of Jacksonville. She stated in the past they were newly formed groups for a sole purpose and there were informal agreements. She believes, in this instance, the reputations of these organizations outweigh her concerns. Motion: Authorize the Mayor to sign the Agreement with the City of Jacksonville for Phase 1 construction funding of the Beaches Veterans Memorial Park. Moved by Woods, Seconded by Fletcher. Rick Carper pointed out that all City of Jacksonville funds are given on a reimbursement basis. We have to spend the funds first to get the money. Mayor Borno pointed out that there was an error on the Veterans Park Phase 1 summary sheet that should say Rotary/VFW Post 3270 grants for flagpole not Rotary /Rotary grants for flagpole. Commissioner Daugherty stated, although he understands Commissioner Woods statement, there have been situations in the past where well established organizations have not followed through with commitments. He stated he believes there is a rush to get this done for Veterans Day and although he is all for the project, he believes it is being rushed a bit. Mayor Borno stated that is a date that was requested as a target date and it is trying to be honored if at all possible. Commissioner Daugherty stated he will vote for this since it is just for the agreement with the City of Jacksonville but stated they should be very attentive to getting the funds. Mr. Hanson stated he would call them to see when we are going to get the money. Commissioner Woods stated there had been some discussion about the basketball court and hears it is still in the plan. She asked that the basketball court be pointed out on the Phase 1 plan. Mr. Carper explained, in this slide, there is no basketball court on this plan but the plan is in the process of being revised and pointed out where it would be. September 13, 2010 REGULAR COMMISSION MEETING Page 10 Discussion ensued regarding the possibility of gaining additional property in the future for the park and the parking area. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED B. Renewal of City Non - Benefit Insurance. Human Resource Manager George Foster stated this is an annual renewal and he went out to the two major providers of insurance to governmental entities, looked at their policies and premiums and he recommends renewal with the current vendor, Public Risk Insurance Agency (PRIA). He stated the overall premiums this year came in about $130,000 less than last year's premiums. Mayor Borno read the three recommendations from the staff report: (1) Approve renewal of insurance, effective October 1, 2010 through September 30, 2011 with PRIA as indicated above and within Attachment 1; (2) Approve renewal of Pollution Liability insurance at a three year premium of $62,033 ($20,678 annual) as opposed to one year premium of $34,425; and (3) Authorize City Manager to sign related insurance renewal documents. Motion: Approve recommendations 1, 2, 3 as read. Moved by Woods, Seconded by Daugherty. Mayor Borno thanked Commissioner Fletcher for the time he put in on this also. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED C. Employee Pay Adjustments. Mr. Hanson explained that at the last budget workshop the Commission added in an amount of 1.1% for an employee pay improvement this year, although it wasn't specific what form that would take. He stated this item is to get some direction from the Commission so our Human Resources Manager George Foster can proceed to negotiate with the unions and get their approval. He stated Mr. Foster has come up with three options, which he will summarize. Mr. Foster summarized his staff report, explaining the options are merit pay adjustment, cost of living adjustment, or a bonus and pointed out the pros and cons of each. Mr. Hanson stated if the Commission could determine which option to use, Mr. Foster would work out the details. Commissioner Daugherty stated he suggested this increase because we have a lot of City employees who are going through hard times right now and have gone a year without a pay increase. He stated the cost of living increased 1.1% and even though we aren't keeping up with what City employees have traditionally received, this was September 13, 2010 REGULAR COMMISSION MEETING Page 11 more a recognition that we appreciate their work and acknowledge what they are continuing to do throughout the City, even without their normal pay adjustments. Although he can agree with the gentleman who spoke earlier and there was some merit to some of the things he said about having a job right now is a bonus, he believes to say that to employees who have been with us for five, ten, etc. years would be rather harsh. He stated he would be in favor of doing this as a one -time bonus and since it is for the cost of living increase over the previous year, he would recommend it be given to year round employees who have been with us for at least a year. Commissioner Fletcher concurred with Commissioner Daugherty. Mr. Foster reiterated that the Commission was approving a one -time bonus of 1.1% of current salary for those with greater or equal to one year of service. He stated he would propose using October 1, 2010 as the cut -off date for the one year of service. He stated he also understands they must be employed year round which would be the permanent full -time employees, regular part-time employees who have a year round job and the part-time people who have a year round regular job, but it would not be for seasonal lifeguards or intermittent part times or substitutes. Commissioner Woods asked if they do it this way, instead of as a COLA, will our pay scale stay on par with other cities' pay scales and attract employees. If our pay scale stays where it is and doesn't increase by this 1.1% will this hurt our ability to attract good employees in the future. Mr. Foster stated in the current scheme, based on the economy, it would not hurt us, but in the long scheme should the economy get kick started and we need to readdress everything, the Commissioners next year can add an extra 1.1% pay adjustment into the pay scale. He stated we can always catch up next year with any adjustments. Commissioner Daugherty stated he believes that is something they can evaluate this time next year. He asked Mr. Foster how this affects our negotiations with the Police Officers and should this be kept separate from our negotiations with the Police Officers. Mr. Foster stated he has to negotiate any pay adjustments with both the Police Union and the Blue Collar Union. Mayor Borno stated it is up to the Unions whether they want to negotiate this or accept it. He stated if they don't by the time we make this effective, then it is effective for all other general employees except for union. Mr. Hanson stated what they would probably do is make this bonus check payable in late November or early December and have Mr. Foster discuss with the unions that if they don't approve it and give us enough time to get it back to the Commission to approve the contracts then they are not going to get their bonuses on time. He stated that should give them enough time to consider it because there are not a lot of issues on the table for the unions at this point and he would hope they could approve a pay bonus quickly and without a lot of argument. Mr. Foster stated everyone was expecting a zero percent pay adjustment this year, which was put out with the tentative budget and budget workshops so hopefully he will be able to sell a one -time bonus to the Unions. Mr. Hanson stated, as follow -up to what Commissioner Daugherty said earlier about City employees and pay increases, for those who were not in the budget workshops, the City employees are actually getting a net decrease this year because group insurance costs are going up dramatically, the policy is being lowered so there is much greater out of pocket costs for the employees and the amount the employees pay is going up September 13, 2010 REGULAR COMMISSION MEETING Page 12 rather dramatically. He stated, with or without this 1.1% bonus this year they will have a net decrease, when looking at total pay and benefits. He stated he believes the employees greatly appreciate the Commission's commitment to any kind of bonus but we need to keep in mind it is not just keeping a job, they are taking a decrease this year, as they did last year on insurance costs, which have gone up every year for several years. Mayor Borno asked for clarification whether they have decided this is going to be a lump sum payment. It was the consensus of the Commission that it would be a lump sum payment. Mayor Borno further asked if this would also pertain to the City Manager and City Clerk. It was the consensus of the Commission that it would also include the City Manager and City Clerk. Motion: Approve pay adjustment as a lump sum bonus for all employees, including the City Manager and City Clerk, who have had satisfactory service for at least one year by October 1, 2010 and are year round employees. Bonus is to be paid the first pay period in December. Moved by Daugherty, Seconded by Fletcher. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED D. Authorization for Pre - Disaster Mitigation Grant Application. Mr. Thompson explained this is to get approval to request Pre- Disaster Mitigation money for the Emergency Operations Center and Police Building. He stated the City does not own a survivable facility that they could operate in before, during and after a storm. He stated they are talking about doing things above what the City Code requires, including extra concrete, more steel, impact doors, windows, and roofing, etc. so this could be used as an operations facility for storms and be used as a police building. He stated they have received numbers from Architect Design Group on approximately what those code plus costs would be and he has submitted that amount of $349,100 to the State. He stated this money does require a 25% match so if this does get approved by the State and FEMA he would come back to the Commission for approval of the match for that funding. He stated this is requesting authorization for him to submit the rest of the application and authorization for signing applications and other documents related to this grant. He would like to change the recommendation to authorize the Mayor to sign the application and subsequent paperwork. Motion: Authorize the Assistant City Manager to submit an application for Pre - Disaster Mitigation Funding for the Emergency Operations Center and Police Building, including authorization to sign the application and subsequent documents related to this project. Moved by Woods, Seconded by Daugherty. Motion: Amend the motion to allow the Mayor to sign the application and subsequent documents related to this project. Moved by Fletcher, Seconded by Daugherty September 13, 2010 REGULAR COMMISSION MEETING Page 13 Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Commissioner Woods asked if all of these improvements we want to make have been included in the original cost estimate. Mr. Thompson stated these are all in the proposed numbers that we have now. Mayor Borno called for a vote on the original motion. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED E. Discussion of forthcoming Florida Friendly Landscaping ordinance as required the City's Consumptive Use Permit (CUP). Mr. Hanson explained they did get the Water Management District to be a little more reasonable on their language in the Consumptive Use Permit but one of the things we have to do is adopt some sort of a Florida Friendly Landscape ordinance by the end of this calendar year. Community Development Director Sonya Doerr summarized the basics of the ordinance, explaining the main issues of plant selection, location and arrangement; efficient irrigation using hydra zones; and the percentage of landscaped area allowed for lawns. Answering a question from Mayor Borno, Ms. Doerr further explained the hydra zones concept. Commissioner Fletcher stated he has a problem with telling a property owner they can only have 10% of one kind of water use zone, 30% of another kind and not to exceed 60% of another kind when there is no State law that mandates these limitations. Mr. Doerr stated the State has said that it is up to us to figure this out and they are finding that 60% is what most places are proposing. Commissioner Fletcher stated his concern was passing an ordinance that is stricter than what the State is requiring us to pass. He stated there is no limitation in state law that says you cannot install more than 60% turf on your lawn. Mr. Doerr stated it doesn't say you can't install more than 60% turf, you just can't use high- emitter sprinkler heads on it. Discussion ensued regarding the 60% requirement and Ms. Doerr stated we have to come up with something that is a number that the District will not challenge our ordinance on and from talking with various District staff, 60% is an acceptable number. Mr. Hanson stated he understands the Water Management District is looking at 60% as a guideline and they may well adopt a number that becomes something that all the cities have to meet, but we only have until December 31 to adopt an ordinance and they haven't adopted a number yet. He stated Commissioner Fletcher raised a good question, that if we adopted 70% or even 80% would they object to that or let it slide by. He stated if any one city adopted a higher number that probably would set a precedent then for any city in the Water Management District's region to be able to do the same thing. Commissioner Fletcher stated let's go September 13, 2010 REGULAR COMMISSION MEETING Page 14 for it and push the envelope because he hates to over regulate. Ms. Doerr stated they have to adopt a number and if we adopt something they do not find acceptable they will come and challenge our ordinance, then they could open it up and we could end up with more regulations than we want. Mayor Borno asked if there have been any ordinances passed that they have accepted on any CUP approvals so we have an idea of what they have approved. Mr. Hanson stated some cities have adopted them but they did not say there were any that they have approved. Commissioner Daugherty concurred with Commissioner Fletcher and believes we should go with the least restrictive regulation for our residents. Ms. Doerr reiterated that, from what she is hearing, 60% will be the number the District will put in a regulatory form at some point. Commissioner Fletcher stated since ours is due the first of December and we have a 10 -year CUP, let's go ahead and push the envelope because they can't make it retroactive. He stated they would have to do it in connection with the next CUP renewal, which is ten years from now. Mr. Hanson disagreed, stating he believes they could come back and determine that our ordinance does not meet the State law. Ms. Doerr stated she just doesn't want to open up our whole ordinance and have the District come in and challenge it. Utility Director Donna Kaluzniak stated, this Friday, the District is having some workshops on potential consumptive use permit changes and some of their rules changes. She stated if she knows anything after that meeting she will let the City Manager know so he can pass it on to everyone. It was the consensus of the Commission to direct staff to bring back a draft ordinance. F. Authorization to Apply for Florida Recreation Development Assistance Program (FRDAP) Grant. Mr. Thompson explained the grant program stating recently the funding has become very sparse. He stated there is a very low probability of getting funding but he is applying to get funding to do some further work in Veterans Memorial Park. He explained the reason he chose not to exceed $150,000 was because there is a 25% match up to $150,000 but when you go over that it becomes a 50% match. He stated although this has to be submitted before the end of September, the State will not fund anything until they establish a 2011 -2012 budget. He stated he is asking for authorization to prepare and submit an application and authorize the Mayor to sign the application and all subsequent paperwork that goes with the grant. Motion: Authorize staff to prepare and submit an application for FRDAP funding for fiscal year 2011 -2012 and authorize the Mayor to sign the application and all subsequent paperwork that goes with the grant. Moved by Fletcher, Seconded by Woods. Commissioner Fletcher asked if the unfunded items at the bottom of the chart are eligible for what is in this grant. Mr. Thompson stated most are not and explained the items that were, such as making the playground handicapped accessible and providing shading sidewalks, picnic tables, grills, trashcans, benches etc. September 13, 2010 REGULAR COMMISSION MEETING Page 15 Commissioner Daugherty asked if other unfunded projects on the strategic plan, such as Rose Park and the kayak access at Dutton Island, are items that could be added to this application. Mr. Thompson explained they could not, it is location specific. He stated he could submit separate applications for those, but getting those funded would be a challenge. He stated he chose the project that would press the most buttons and this one includes veterans, the recreational component, and being in a low income neighborhood that includes outdoor recreation, picnicking and handicapped access. He stated when you put those things together he believes it will score higher because most of these grants are scored on a point system and they are looking for specific things. He stated the kayak project would not score very well and is skeptical about what kind of points we would get on Rose Park also. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. City Manager Hanson gave an update on the FOG program, stating in the last 12 months the instances of sewer clogs were reduced by 50% and the cost to the City was reduced by 40 %. He stated Donna Kaluzniak was in charge of getting this program implemented and congratulated her on getting everyone to comply. Mr. Hanson noted there is a Workshop to discuss the Police Building design scheduled for Monday, September 27, at 5:00 p.m. before the regular Commission meeting. Mayor Borno asked Ms. Kaluzniak if there is not supposed to be a report when the businesses complete their cleaning cycle. Mr. Kaluzniak stated most of them have gone with the preferred hauling program and the haulers send her directly a copy of their hauling report which she then records on a spreadsheet. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Reappointments and Appointments to the Code Enforcement Board. Commissioner Fletcher explained the BMRC met to consider a vacancy on the Code Enforcement Board and recommended moving the alternate, Nick Dodaro, to become a regular member. He further stated they also recommend appointing Ian Luthringer to serve as the alternate member, with both appointments being effective October 1, 2010. He also stated they recommended Richard Ouellette and Ray Martin to serve an additional term. Motion: Reappoint Richard Ouellette and Ray Martin to serve an additional term and appoint Nicholas Dodaro as a regular member on the Code Enforcement Board beginning October 1, 2010. Moved by Fletcher, Seconded by Daugherty September 13, 2010 REGULAR COMMISSION MEETING Page 16 Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Motion: Appoint Ian Luthringer to serve as the alternate member on the Code Enforcement Board beginning October 1, 2010. Moved by Fletcher, Seconded by Daugherty Commissioner Daugherty asked how many applications were received and whether any of those were from West Atlantic Beach. Commissioner Fletcher stated they received five applications. He stated Mr. Luthringer was from Royal Palms. Mayor Borno stated the Board does take that into consideration in trying to get representation from all over the City when they are looking for applicants. Commissioner Daugherty asked if there is anything the City is doing to notify the public that we are looking for applications. Mayor Borno stated we are constantly doing that and he carries applications with him all the time. He encouraged all of the Commissioners to do the same thing. Mr. Hanson stated they also announce this in the newsletter and newspapers. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 - MOTION CARRIED Commissioner Woods • Commissioner Parsons would be proud of their professional behavior tonight. Commissioner Daugherty • Commented on the 14 page letter stating he has not read it yet and asked if it was public record. City Clerk Bartle stated it is a public record. Mayor Borno stated it will be in the agenda packet for the next meeting, as was discussed tonight. City Attorney Jensen • Requested a shade meeting be scheduled to discuss a recent law suit filed against the City and suggested having it on September 20, 2010 at 6:00 pm. He stated all elected officials, the City Manager and he will need to be in attendance. He further stated they will also need a court reporter to attend. Mayor Borno • Stated he gave a written report to each Commissioner on his attendance at the Florida League of Cities meeting and will be delivering to the City Manager tomorrow materials which he picked up while he was down there relating to all kinds of items for grants, non profits, etc. for distribution to staff as he deems appropriate. September 13, 2010 REGULAR COMMISSION MEETING Pau 17 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:13 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk