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