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7-27-09 vMINUTES REGULAR CITY COMMISSION MEETING July 27, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve City Attorney Alan C. Jensen Mayor Pro Tem Mike Borno City Manager Jim Hanson Commissioner John L. Fletcher City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Meserve gave the Invocation, followed by the Pledge of Allegiance to the Flag. He further stated, "We obviously have a hot issue out there tonight and I would like to, my thought is to use the privilege of the gavel to change the order of proceedings tonight. We will have a courtesy of the floor to visitors for anybody to talk about anything that's here or not here on the agenda but what I thought since many are here about the easements issue and the related documents for force main installations, which involves two separate pieces of property that. There are a couple of issues, one, there is buried within one of those easements, one of those easements is Fleet Landing, which doesn't bother anybody except Fleet Landing, and that's going through Fleet Landing property, but the other does involve cutting a deal with the property owner and, while that's been noticed, it probably wasn't noticed enough to local adjacent property owners to give you time to think about it and think through it. What I would like to do, though, is further at the end of this tonight, I would like to move up 4D to the beginning and I'm going to say already that I would like to ask at the end of it, after public input and after we do a little explanation of how we got where we're at, that we defer it for two weeks which would allow anybody from the public to make input and think about it over the next couple of weeks rather than rush to judgment where some people are putting out things that I think are a little bit misinformation on the whole deal. So, what I'm going to do is then move up 4D before Courtesy of the Floor. Everybody that's here. 4A?" Commissioner Borno stated, "8A." Mayor Meserve continued, "8A, I'm sorry, what am I thinking? Yea, I' 11 do that. So, after we approve the minutes, we' 11 go right to 8A; we'll do a little information piece. I will ask for, and we'll allow public input after we motion to defer so you can talk about it, let us know what your thoughts are and I think that's fair for everybody's time." Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of July 13, 2009. Motion: Approve the minutes of the Regular Commission Meeting of July 13, 2009, as written. Moved by Borno, Seconded by Parsons July 27.2009 REGULAR COMMISSION MEETING Page 2 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED (Item 8A was taken out of seauence and acted on at this time.) 8. Miscellaneous Business A. Approval of easements and related documents for force main installation in connection with the abandonment of Buccaneer Wastewater Treatment Plant. City Manager Hanson explained, in connection with the new standards to reduce the level of nitrogen in the river, all of the area wastewater plant operators have to upgrade their wastewater plants soon, which includes the City of Atlantic Beach. He stated there are two wastewater plants here and the City has studied rather extensively how best to go about doing that. He stated the engineers recommended, rather than upgrading both wastewater plants, it would be a better option to upgrade the larger plant on Sailfish Drive and abandon the Buccaneer Wastewater Plant. He stated to do that it is necessary to build a pipeline to pipe that wastewater to the main plant. The most economical route to put in the pipelines would be along the west edge of Hannah Park. He showed a map explaining this to the audience. He explained this route requires easements through Fleet Landing and the Estates of Atlantic Beach. He further explained Fleet Landing has agreed to donate the easement to the City. He stated the owner of the Estates of Atlantic Beach has said he wanted to resolve the issue of his rights to put in a driveway to Atlantic Beach, which was an issue that came up a few years ago when he acquired the property. He explained, as background, the Commission closed and vacated the right-of--way on the north end of Selva Marina Drive and in that resolution they expressed a concern about the street possibly being used as acut-through to Mayport Road which would create an unacceptable level of traffic. He stated, in working out this easement, staff has negotiated an agreement with the owners of the property to address this and other issues. He stated the City Attorney has determined the owner has a right to connect a road from a proposed subdivision to the north end of Selva Marina Drive, so it is not a matter of trading a right to connect a street for an easement, that right already exists. Through discussions with the City Attorney, Mr. Hanson stated they have determined that cities have traffic concurrency, which gives them the right to tell a developer they cannot put so much traffic into an area that it overwhelms the ability of the streets to handle it. He stated people do have a right to put a driveway from their private property onto a city road, providing they don't overwhelm the ability of the road to accept the traffic. He stated they discussed that with the owner of the Estates, who had a private traffic impact evaluation completed which stated they would have minimal impact on Selva Marina Drive with their proposed subdivision of 38 houses, maximum. He stated, with that in mind, an agreement was put together with the developer which he believes serves all parties interests best. He explained, as part of this easement, the developer will provide a deed restriction on the property that will be filed with the deed paperwork downtown so if it were sold to anyone in the future these restrictions would be required of any future owner. He stated this agreement will prohibit any future road connection to Mayport Road, directly or indirectly, and will allow this subdivision to have only one entrance on the north end of Selva Marina Drive. It will also limit the development to JuIY_27i2009 REGULAR COMMISSION MEETING Page 3 a maximum of 3 8 residential units and a height limit not to exceed 3 5 feet. He further stated since this property is not in Atlantic Beach, it would not have had these types of restrictions without this recorded deed restriction. He stated this will be both an easement from the developer and a deed restriction. He further stated the developer will also get some things out of this; he will get the issue of whether or not the road could be built, and because the City would have to clear a piece of the road for the sewer line, it would save him some future tree mitigation costs and clearing costs when the subdivision is built. He stated it would also save him money by not having to put his own sewer line in. Mr. Hanson stated there is no cost, budget-wise, to the City for either of these easements. The cost of building the sewer lines to connect the plants is part of the budget to meet the TMDL regulations. He further stated this route is expected to save the City approximately $500,000 over the next lowest cost route. He stated it was staff's recommendation the Commission approve the agreement with the Estates of Atlantic Beach and the easements with the Estates and Fleet Landing and authorize the Mayor to execute all documents on behalf of the City. Mayor Meserve asked the City Attorney if the builder has the right to build on that property and does any owner of that property have the right to connect to the end of Selva Marina Drive through a 50 foot by 60 foot easement he has within our City. City Attorney Alan Jensen explained he does have the right to build on the property; the existing zoning in Jacksonville would control that right now. He stated it was his understanding he could potentially put high-rise apartment buildings there with 200 units. He stated if the property were landlocked, by statute, there is the right to ingress and egress and he would be allowed to get that over some adjoining property owners. Mr. Jensen stated the developer owns property from where the proposed 38 units would be that connect up to the northern end of Selva Marina Drive. He stated the question then becomes, does he have the right to connect over his own property to Selva Marina Drive. The statute states if you have to get an easement over another person's property, it is to the nearest public or private road. He stated the nearest road to his property is approximately 60 feet away, which is the northern end of Selva Marina Drive. He stated the traffic study presented to the City shows that Selva Marina Drive has more than sufficient capacity to handle the traffic that would be generated by an additional 38 residential units. He stated part of the agreement that is proposed would limit the development to 38 single-family residential units. He stated there has been some discussion about additional regulations that the City of Atlantic Beach has, as far as our subdivision regulations, which they are considering. He stated part of the agreement also contemplates that we would work cooperatively with the property .owner to see either an Interlocal Agreement entered into with Jacksonville for providing services in that azea, if there are homes developed, such as police and fire; or even possibly annexation of that property into Atlantic Beach. Annexation would be very beneficial to the City because 38 more estate-sized houses in Atlantic Beach would increase the tax revenues quite a bit. He stated that is not guaranteed and the agreement is not conditioned on that, but it is something both sides have expressed a desire to try to complete. In summary, Mr. Jensen stated the owner can build on that property, and he has a right to connect over his own property to Selva Marina Drive. Mayor Meserve asked if any agreement, even if he sold the property, would apply to subsequent owners. Mr. Jensen stated yes. July 27, 2009 REGULAR COMMISSION MEETING Page 4 Commissioner Fletcher asked how long a deed restriction is good for, to which Mr. Jensen replied they can make it perpetual. Commissioner Fletcher asked under what circumstances could Mr. Jensen see legally denying the property owner access to his property over Selva Marina Drive. Mr. Jensen stated he does not believe we can. He explained under statutory authority, even if he didn't own the 60 feet of the old Selva Marina Drive that was vacated, he would have a right to go over somebody else's property if he is landlocked, to the nearest public or private road. He further stated his property connects to the northern end of Selva Marina Drive, which obviously is the nearest public road and that is key, it is a public road. He stated his only other option would be to go out to Mayport Road, which is a lot farther away. Mr. Jensen stated the agreement, as contemplated, would prohibit him doing that so there wouldn't be a cut- through from Mayport Road to Selva Marina Drive. Commissioner Parsons expressed several concerns, including the ingress and egress issue, servicing the streets, the traffic study and possible annexation. He stated he was in favor of deferring this until they get some of these things answered. Mr. Hanson stated the only maintenance we would have is for the easement where the utility line is so we would have access for vehicles in case of a problem with the sewer lines. He stated, under this agreement, the City would not have any responsibility for maintenance of future streets. He further stated, if they are annexed in the City and they built a street that met our subdivision regulations, then the City Commission could choose to accept that for maintenance. Regarding the traffic study, he stated he believes the property owner's traffic engineers were taking some previous information they had about counts on Selva Marina Drive from another project a couple of years ago and applied the 38 units to that. He stated, it was his understanding, they did not do their own traffic count just for this study. Regarding annexation, Commissioner Borno stated the City knows that is a major conflict issue with downtown if we tried to initiate that. He stated it can only work if it is initiated by the owner and stated it is his understanding the owner is in agreement that he will pursue that when he is ready to develop this property. He stated this is not imminent and what we are dealing with right now is to try to save $500,000 by taking the best route to bring the wastewater treatment lines down from Buccaneer to Plant No. 1. He stated he is in agreement and supports deferring this to one meeting so people have a chance to understand what we are dealing with. Commissioner Woods stated the traffic study was done only for Selva Marina Dr.; it doesn't focus on what happens to the traffic once it gets to Seminole Road, which is at capacity, if not already above capacity. She stated she would like to look at that issue as well. She further expressed concern regarding the tree mitigation costs and maintenance costs. She stated she doesn't like the open-endedness. She stated it could be forever that we have to mitigate for these trees. Mr. Hanson stated we only mitigate it once, under our tree ordinance, if there are trees taken down. He stated if the developer ever builds a subdivision and puts a road in there, he anticipates the sewer line to be under the road so we won't have to mow it anymore after that point. He stated until then, we would have to keep it mowed for maintenance purposes, not like the grass, but at least so we can go out in a truck. He stated once or twice a year, we July 27, 2009 REGULAR COMMISSION MEETING Page 5 could take a tractor or bush hog to keep the trees from growing on top of the sewer line. Commissioner Woods again expressed concern about the traffic on Seminole Road. Mr. Hanson stated if the Commission wants to defer to next meeting, he would ask the owner to have his traffic engineer here to answer those questions. Motion: Defer to next meeting. Moved by Parsons, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Sheldon Weiner, 15 10th Street, addressed the Commission regarding the leased parking spaces for the townhouses on 10th Street where he resides, stating he believes there are too few spaces for the public and he is against the City leasing the parking spaces to the townhouses. He stated the owners of the townhouses do not need the parking spaces and asked the issue be put on the agenda so it can be debated. Neil McGuiness 1629 Beach Avenue, stated he was in support of naming the island San Pablo. He further stated he had a form from the Bureau of Geographic Names that could be completed to name the island. Ray Brown, 523 Clipper Ship Lane, addressed the Commission regarding the costs of the government in Atlantic Beach, which he stated has increased annually two to three times the rate of inflation since 2000. Katherine Davidson, 1913 Sevilla Blvd. W., addressed the Commission expressing her concern regarding the cost to maintain the easement before the land owner develops the property. She also asked, since this is a Jacksonville piece of property but the ingress/egress will be into Atlantic Beach rather than from Mayport Road, who services the emergency vehicles going to this development. Marcie LeBouton, 774 Aquatic Drive, addressed the Commission requesting a fence be put back up around the pond behind her house. She stated the homeowners surrounding the pond feel their safety is an issue since the fence was removed. She further gave a petition to the City Clerk signed by the residents of Aquatic Drive regarding the pond. Milton Hall, 685 Amberjack Lane, commended the Commission and Police on their work in the Donner Park area. Lyman Fletcher, 804 East Coast Drive, addressed the Commission regarding recycling asking if it actually goes to the recycling plant or just to the landfill. July 27, 2009 REGULAR COMMISSION MEETING Page 6 Mr. Fletcher further stated "my other point, as to the project in hand, that I guess a lot of people are here about tonight. I confess that I don't know much about it and my understanding is that it was not announced as a public meeting that required a public hearing and there are people here that have found out about it but I am concerned if it wasn't advertised publicly, so people who could be directly affected, I think it could affect the end result. And it's always been at least, uh I think, the Commission and the City's practice to insure that people are notified for whatever issues that are coming up that might touch on their interest, their neighborhood, their community and the like and um, if it is at all possible to defer this and advertise it so you get a broader base of people to respond." Mayor Meserve replied "And we've already done that, by the way. You missed - we pulled that up at the beginning of the meeting tonight, deferred it, put a lot of public input and will bring it back and allow public input because I agree that we did not, it was sort of buried in another bill on an easement which is not fair to the people in the area. So we've done it and we went through that before you got here, so sorry about that." Regarding the recycling issue, he asked the City Manager for his input. Mr. Hanson stated recycling does go to the recycling center. He stated the waste hauler does have a right to use a regular truck if the recycling truck breaks down, but they are supposed to put a sticker on the door stating it is for recycling that day. Katherine Davidson, 1913 Sevilla Blvd. W., asked if environmental studies have been done on the easement at Fleet Landing. She stated her house backs up to that and it is very wet there. Dolly McCormick, 792 Aquatic Drive, addressed the Commission regarding the pond at Aquatic Gardens reiterating the City needs to put a fence back up. She stated she is very concerned about her safety because, without the fence, there is very easy access to the back of the homes along the pond. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous 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. July 27, 2009 REGULAR COMMISSION MEETING Page 7 A. Acknowledge receipt of Monthly Public Works and Public Utilities Report, Utility Sales Report, and Monthly Financial Report for June 2009. B. Extend the contract with Univar USA, Inc. to provide HTH for the wastewater treatment systems (Bid No. 0708-11) for one year at the current cost. C. Extend the contract with Brenntag Mid-South, Inc. to provide sulfur dioxide for the wastewater treatment systems (Bid No. 0708-10) for one year at the current cost. D. Award Bid for the Royal Palms Drainage Rehabilitation Project (Bid No. 0809-08) to R.B. Baker Construction, Inc. E. Extend the contract with USA Services or Florida, Inc. for street sweeping (Bid No. 0607-15) for one year at current cost. Mayor Meserve read the Consent Agenda. Mayor Meserve further explained there have been some concerns about contract extensions versus new bids and asked for that to be discussed. Commissioners Borno and Woods asked to pull Item D. Motion: Approve Consent Agenda Items A, B, C, and E, as read. Moved by Parsons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED At the request of Mayor Meserve, Mr. Hanson explained the process of extending contracts as well as the circumstances that result in a decision to rebid a project instead of extending a contract. Mayor Meserve stated he would move Item D after Item 7A, which is a budget amendment that would provide the money if they elect to approve Item D. Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE RECOGNITION OF THE USE OF SAN PABLO ISLAND AS THE DESCRIPTIVE PHRASE FOR THE AREA KNOWN AS THE "BEACHES OF JACKSONVILLE". Motion: Approve Resolution No. 09-10, as read. Moved by Woods, Seconded by Borno July 27, 2009 REGULAR COMMISSION MEETING Page 8 Mayor Meserve explained the history and reasons for the naming of the island. Commissioner Woods stated she supports the idea but wanted to make sure the entire island, through Vilano, is included. Mayor Meserve agreed and stated they would add Vilano Beach to what cities are located on the island. After further discussion, it was the consensus of the Commission to support the resolution. Amended Motion: Approve Resolution No. 09-10, including Vilano Beach. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 20-09-98 -Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. City Manager Hanson explained this budget ordinance makes a number of changes as discussed at the last meeting and listed the items to be included. He also reported there was an error on the staff report which had a total of $331,690, but the correct total is $601,690 because the $270,000 for the resurfacing project was not included. Motion: Approve Ordinance No. 20-09-98, as read. Moved by Borno, Seconded by Parsons Mayor Meserve opened the Public Hearing. No one spoke so he closed the Public Hearing. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED (4. Consent Agenda, Item D was taken out of sequence and acted on at this time.) D. Award Bid for the Royal Palms Drainage Rehabilitation Project (Bid No. 0809-08) to R.B. Baker Construction, Inc. Public Works Director Rick Carper explained the drainage rehabilitation project, showing slides detailing the additive alternates for the project which are in addition to the base bid. He recommended several alternates to include with the base bid. He further explained adding Alternate H at this time would also be wise because it came in at an extremely low price for the tank removal because of the economy and the contractor will already have his equipment in the area. July 27, 2009 REGULAR COMMISSION MEETING Page 9 Mr. Hanson further explained that this subdivision has the old metal corrugated pipes that were put in for stormwater back in the 1960s and those pipes have rusted and have begun caving in at an alarming rate. He stated the City has known this problem was coming and the money has been saved for this project from the regular budgets over several years. He stated by doing this project now, the City is getting a very good deal because the economy is down and putting some local contractors to work is the right thing to do. Motion: Authorize the City Manager to sign a contract for the Royal Palms Drainage Rehabilitation Proiect to RB. Baker Construction, Inc. with a maximum amount of $3,180,703 for the base bid and selected additive alternates. Moved by Woods, Seconded by Fletcher Commissioner Fletcher pointed out that $3,180,703 was not the base bid, it was $2,827,745 and the selected alternatives would be D, A, K, J, G1 and H. Mr. Carper stated H was separate. Commissioner Fletcher stated, if they award the bid, he believes they need to include H now. Mr. Hanson stated they have the right through this bid to add alternates within the next 90 days. Mr. Carper stated they will hold their prices for 90 days. Mr. Hanson stated they are trying to get the settlement from Ferrell Gas so they can use that money to pay for that alternate, but the City does not have their money in hand right now. Commissioner Fletcher stated he would like to amend the motion to include Alternate H, because that is a bargain basement price to remove 30 tanks. Amended Motion: Authorize the City Manager to sign a contract for the Royal Palms Drainage Rehabilitation Proiect to RB. Baker Construction, Inc. with a maximum amount of $3.180,703 for the base bid plus the selected additive Alternates A, D, J, K, and G1, and to also include Alternate H for a grand total of $3,197,824. Moved by Fletcher, Seconded by Borno Commissioner Borno commended the Public Works Director and City Manager and staff for their work on this project. Commissioner Woods stated this also ties in very well with the strategic planning efforts the City has been making in this area. Mayor Meserve stated the one thing that is going to get the City through some bad economic times, which is a multi-year problem, is the people who have gone as leaders before us who didn't defer a bunch of stuff so when times got hard we would have systems that would fall apart. He stated the City has, over many years, elected to put the infrastructure in place so we aren't faced with, like a lot of cities are, a disaster waiting to happen from a failing infrastructure and no money to fix it. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED July 27, 2009 REGULAR COMMISSION MEETING Paee 10 Miscellaneous 8. Miscellaneous Business Business A. Approval of easements and related documents for force main installation in connection with the abandonment of Buccaneer Wastewater Treatment Plant. This item was taken out of sequence and acted on earlier in the meeting. B. Justice Assistance Grant. Assistant City Manager David Thompson explained his staff report, stating staff was requesting authorization to submit the applications and to have the Mayor sign the appropriate paperwork. Motion: Authorize staff to submit the applications and related paperwork for this funding and authorization for the Mayor to sign the applications and related paperwork. Moved by Borno, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Request for direction related to use of the waters of the River Branch Preserve and other public waterways under the City's jurisdiction. Community Development Director Sonya Doerr explained, upon acquiring the marsh tract, staff needed to look at existing regulations to make sure they are consistent with the conservation easement and they have addressed everything necessary to make sure the area is used properly and protected properly to the extent the City is able to do. She showed a slide of the Atlantic Beach Conservation Land Holding, explaining this was on the agenda for discussion purposes before going to a first reading. Ms. Doerr stated this would be a revision to our existing regulations related to boats and watercraft, including live-aboard and derelict boats. Discussion ensued and Ms. Doerr answered questions from the Commission. It was the consensus of the Commission to direct staff to go forward with drafting changes to the City Code to prohibit inappropriate use of the public waterways. City Manager 9. City Manager A. City Manager's Report Mr. Hanson stated the budget workshops are scheduled for August 3, 5, 12, and 17 from 5:00 - 9:00 in the Commission Chamber and are open to the public. He further stated the proposed budget and transmittal memo are on the website. He stated the public hearings on the budget will be held at the regular Commission Meetings on September 14 and 28. Julv 27, 2009 REGULAR COMMISSION MEETING Page 11 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Appointments to the Code Enforcement Board. Commissioner Borno reported the Board Member Review Committee made the following recommendations: reappoint Veda Bernstein to serve on the Code Enforcement Board for an additional term and reappoint Barbara Weiss to serve on the Code Enforcement Board for an additional term. Motion: Reappoint Veda Bernstein to serve on the Code Enforcement Board for an additional term. Moved by Borno, seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Motion: Reappoint Barbara Weiss to serve on the Code Enforcement Board for an additional term. Moved by Borno, seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno Stated he had raffle tickets for a chance to win a motor scooter for sale to help support the cost of the base of the "In Search of Atlantis" statue. Commissioner Parsons Stated someone didn't like the idea that we had a naked girl on the turtle statue but he asked them to take a closer look because she is clothed. Stated some people have been getting ticketed for parking their scooters along the beach accesses near the bicycles and asked if that is against the law. Agreed they need to look at putting the fence back up at Aquatic Gardens. Commissioner Woods Received some questions about document access on line. She stated she, too, has had problems while trying to look at the agenda's links to the supporting documents unless you are in Internet Explorer. Stated she believes this is an issue that needs to be resolved. Commissioner Fletcher Asked how long it has been a policy to build in the 25% contingency into the budget. Mr. Hanson stated it has been a City policy since before he came here. July 27.2009 REGULAR COMMISSION MEETING Page 12 Mayor Meserve • Welcomed former Mayors Wolfson and Fletcher and Councilman Art Graham who were in the audience. • Stated the budget workshops will be a challenge this year and he hopes the public shows up. He encouraged the public to make their thoughts about the budget known before the workshops, through emails, letters, calls, etc. • Stated they will work through the process with the easements and make sure the public has the right to make good input to the Commission before a decision is made. Adjournment There being no further discussion, the p.m. ATTE Donna L. Bartle, CMC City Clerk J declared the meeting adjourned at 7:54 Officer