Loading...
4-25-11 v MINUTES REGULAR CITY COMMISSION MEETING April 25, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods 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 April 11, 2011. Motion: Approve the minutes of the Regular Commission Meeting of April 11, 2011, as written. Moved by Fletcher, Seconded by Daugherty. Commissioner Daugherty stated he would like to correct a statement he made on page 4, second paragraph, fourth line where he stated he would like to see this money go to our parks rather than a few individuals. He stated what he meant to say was "projects that benefit the community as a whole, such as parks ". Commissioner Fletcher stated that could be reflected in tonight's minutes but if that is exactly what he said in the last minutes it would not be appropriate to rewrite it and say, well, that's what I meant to say. He stated we can make that a part of tonight's minutes that his clarification was the community at large. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Proclamation — Municipal Clerks Week Mayor Borno read and presented City Clerk Donna Bartle with a Proclamation proclaiming May 1 — May 7, 2011 as Municipal Clerks Week and recognized and thanked Nancy Bailey and Susan Gorman. Ms. Bartle thanked the Mayor. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Jim Robinson, 2946 Dupont Avenue, Jacksonville, stated he is a candidate for the At -large Group 4 City Council race in Jacksonville. He stated he has been studying the beach issues as he has been campaigning and believes the beaches are a very special asset to the entire county. He stated as an At -large member of the Council he would look forward to working with the Commission and other Council members to make April 25, 2011 REGULAR COMMISSION MEETING Page 2 sure the issues of the beaches are considered in downtown. He stated he would appreciate their support and looks forward to hopefully working with them very closely and taking office July 1. 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 None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Utility Sales Report, Financial Report and the Recreation Special Events Report for March 2011, and the Public Works and Utility Departments Project Status Report as of April 15, 2011. B. 2010 Water Quality Report for the City of Atlantic Beach. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A & B as read. Moved by Woods, Seconded by Parsons. Commissioner Fletcher asked to pull Item A. Commissioner Daugherty pulled Item B. There was no vote on the motion since both items were pulled. Commissioner Fletcher asked about the 30% production loss of 21,000 gallons in the Utility Sales Report. Mr. Hanson explained this is comparing the meter readings at the plants which are taken one day at the end of the month, with utility billings that are over four different billing cycles. He explained when you have an increasing sale, as you often do in the early spring, we are pumping out a lot of water that is yet to be billed during the coming month. He stated in these months it looks like you have a large water loss but actually in the fall or late summer there will be a negative for a loss. Mayor Borno thanked Jolyn Johnson for the Arts in the Park, stating it was a great event, well turned out and she did a tremendous job. April 25, 2011 REGULAR COMMISSION MEETING Page 3 Commissioner Daugherty stated he would like to put the water quality report on the City's website rather than printing copies to be included with the water bills. Mr. Hanson stated it is a law that it must be published. Motion: Approve Consent Agenda Items A & B as read. Moved by Fletcher, Seconded by Daugherty. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO. 11-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Motion: Approve Resolution No. 11 -20 as read. Moved by Parsons, Seconded by Daugherty. Finance Director Nelson Van Liere summarized the Resolution stating this gives the authority to apply for the State Revolving Fund Loan at a very reduced interest rate which will pay off the funds borrowed from Sun Trust for the sewer line and TMDL. City Manager Hanson further explained we have been very fortunate in this project, stating we are far enough under budget that we are looking into putting in the sludge and odor control improvements and are also fortunate in having a much lower interest rate than we anticipated. He stated in comparing the numbers from last August for the principal and interest payments that we anticipated making over the next 20 years with this lower interest rate and the lower bids, our best estimate is that we will be approximately $213,000 per year under what was estimated. He stated this is one bright spot in an otherwise very difficult looking budget coming up and congratulated Donna Kaluzniak and Nelson Van Liere for a tremendous amount of work in getting all the paperwork together to get this loan. Commissioner Fletcher commented that this will soften the requirement for us to have any significant rate increases in the future for water and sewer. Mr. Van Liere stated that was correct and they did raise rates in anticipation of having to borrow quite a bit more money and had also planned to have some future rate increases which they will now be able to avoid. He stated this will also enable them to transfer more money to the general fund. April 25, 2011 REGULAR COMMISSION MEETING Page 4 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. RESOLUTION NO. 11 -21 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING THE CITY OF ATLANTIC BEACH STRATEGIC PLAN DATED FEBRUARY 2011. Motion: Approve Resolution No. 11 -21 as read. Moved by Daugherty, Seconded by Woods. City Manager Hanson summarized the eight goals that were identified by the majority of the Commission. He stated unless anyone has questions or changes, the Commission has customarily adopted the final strategic plan in a Resolution form the past several years. Commissioner Daugherty stated he would like to have the expansion of Rose Park, which did not carry over from last year, added back as a priority. Commissioner Fletcher asked for specifics of what the goals for Rose Park will be. Commissioner Daugherty explained Rose Park consists of three separate parcels of land which he would like to see utilized more as a park. Commissioner Fletcher stated we have limited resources and priorities and he agrees in keeping Rose Park somewhere in their considerations but asked what specifically, within the next year, do they want to accomplish there. Commissioner Daugherty stated he understands that come budgeting time there may not be money available for this but, as funds come available, he would like this listed as a priority so those funds will be allocated for that purpose. He stated, to be specific, they had discussed connecting the small empty parcel of land to the parcel being used as a soccer field and turning the one street into a cul -de -sac, improving the infrastructure and adding facilities, pavilions etc. Mayor Borno suggested adding Rose Park under "Other Strategies" as Item B. Amended Motion: Add Rose Park as Item B under Other Strategies. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno then called for a vote on the original motion, as amended. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED April 25, 2011 REGULAR COMMISSION MEETING Page 5 Action on Ordinances 7. Action on Ordinances None. Miscellaneous 8. Miscellaneous Business Business A. Request from Beaches Habitat for Relief from Lien on Dutton Island Road Lot. City Manager Hanson gave the background history of this lot, stating Beaches Habitat was requesting the City grant relief from a lien on the property so they can create a community garden. He stated the long -term success of this project is not known and his recommendation would be for the City to keep the lien on the books but agree not to foreclose on it or take any action as long as Beaches Habitat is maintaining it and pursuing this community garden. Ralph Marcello, Executive Director of Beaches Habitat, introduced Becky Murray, Jade Carlin, and Sarah Rutkowski of AmeriCorp who will be helping with the community garden initiative. He stated when the property was quit claimed over to Beaches Habitat they had no idea there was a lien on the property. He requested that the City not keep the lien on Beaches Habitat. He further stated they would be willing to pursue other options, such as a deed restriction that the property would only be a garden, but they do not feel a lien is needed. Mayor Borno stated he believes this is something they should consider. He stated if you look at that parcel and if all three surrounding property owners wanted to divide that property up, the City should have a deed restriction on it that they would have to replat it. He stated he recommended deferring this until May 23 to give time for staff to work with Beaches Habitat on how to protect the property. Commissioner Fletcher asked Mr. Marcello what the adverse impact to him would be of maintaining a lien that they would not foreclose on and waive accrued interest on. Mr. Marcello stated, from talking with their attorney, if the lien is on the property, at some time in the future it could be exercised, for whatever reason, against Beaches Habitat. He stated he would have no problems leaving it there if there was no future liability to them. Commissioner Fletcher stated he agrees with the Mayor on deferring but if there isn't any immediate harm perhaps, down the road, if they see there is a big improvement then maybe they could waive it. He stated he just believes it is in the interest of the taxpayers that they should keep it, with the agreement that they don't want to foreclose, they want it to succeed. Commissioner Woods stated she believes the option of keeping the lien on the property is so the City maintains some control over what does or doesn't happen to the property. She stated either they maintain it as a successful garden or the City gets to regain control of the property so it doesn't become an issue again. Commissioner Daugherty stated Beaches Habitat has done a lot of great things in that neighborhood and believes the history and past performance of Beaches Habitat shows they are a responsible entity. He fully trusts that they would do everything they can do to maintain this property, even if they don't use it as a garden. He stated a deed restriction makes sure that the property is not built on, it lowers the density of the April 25, 2011 REGULAR COMMISSION MEETING Pate 6 neighborhood and it allows Beaches Habitat to use that land for mitigation purposes for other projects they have. He stated he is in favor of a motion to release the lien on the property once the owner does a non - revocable deed restriction to prevent any permanent structure to be built on the property. Motion: Release the lien on the property once the owner does a non - revocable deed restriction to prevent any permanent structure to be built on the property. Moved by Daugherty Mr. Marcello stated they would be more than willing to put a restriction that if they were not successful the property would automatically be deeded back to the City. City Manager Hanson stated he believes they need to get both attorneys involved but once they do that it should be simple to work it out. Commissioner Woods stated she has a problem with deed restrictions, which last a very long time, because the way communities reinvent themselves she does not like limitations like that. Commissioner Parsons stated he was in favor of deferring until they get more information, etc. City Attorney Jensen further explained, beginning in November 2009, they tried to acquire title to the property by buying the tax certificates because taxes had not been paid on the property for several years. He stated it was owned by a charitable land trust and the City could not get any response because the only name and address they had was a P.O. Box. He stated a few days away from a public auction, all the back taxes were paid. He stated the City still could not get them to pay the lien, so foreclosure was filed. He stated they didn't have any place to serve the charitable land trust because they have a P.O. Box, but they were going to publish a notice in the newspaper and a certified letter was sent to the P.O. Box. He stated he then received a call from the attorney representing the charitable land trust and from Haywood Ball informing him the owner of the property signed a deed giving the property to Beaches Habitat, which was a way for the former owner to try to get out of the lien obligation and the foreclosure suit. He stated therefore, the foreclosure suit is pending and no response of pleadings has been filed. He stated he told the attorney to wait to see what the Commission does. He stated the lien was originally recorded in September 2009 and there is a four or five year statute of limitations to foreclose that lien. He stated if Beaches Habitat begins exercising ownership dominion and control over this property as a result of that deed then they are on the hook for it. He stated we don't want to get in the position if something goes wrong that we are then in an adversary court proceeding with Beaches Habitat. He stated he believes we can work something out with Beaches Habitat but they don't have clear title because of our lien. He stated the key question is what do they want to do about the amount of money that's on the lien, which is a decision the Commission has to make. Discussion ensued. Motion failed due to lack of a second. April 25, 2011 REGULAR COMMISSION MEETING Page 7 Motion: Defer action until May 23, 2011. Moved by Parsons, Seconded by Woods. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. Procedure for Reporting on Suits Against the City. City Manager Hanson read the provision from our Charter regarding suits and explained this was a holdover from a time before the City had insurance for most things. He stated we now have insurance for almost everything someone would sue us for and it is the insurance company's responsibility to do the investigation of these various claims because they are the ones settling them, after we pay the deductible. He proposed, in the future, to provide a written report but no investigation in his regular Commission Meeting report and if there were questions they could call the City Attorney or the City Manager so as not to have a lot of discussion during the meeting. He summarized the current outstanding law suits as listed on his staff report. Motion: Approve the recommendation of submitting suits to the Commission through the City Manager's written report without an investigation. Moved by Daugherty, Seconded by Fletcher. Commissioner Daugherty expressed concern that we are spending more on attorney's fees than we are able to recoup from the actual fines on some of the lien suits. Mr. Jensen stated the judgments are for $500 plus cost and by the time there is a lien on a property we have obtained a judgment. Mr. Hanson stated we probably have more than 100 outstanding liens, which the City Clerk keeps track of. He stated we get paid for about one or two of these a month, usually because someone wants to refinance, etc. He further stated he and Mr. Jensen have had a lot of discussions on the costs for filing liens and what his cost is and he is not going to spend Mr. Jensen's time to collect something unless it is worth collecting. Mayor Borno asked how long liens are good for. Mr. Jensen stated they vary but most are four years but sometimes up to six or seven years. He stated Code Enforcement Board liens can be good for twenty years. Mayor Borno asked if there was a tickler for liens ready to expire to see if we need to renew them. Ms. Bartle stated she did not realize liens expire so they are all on the list. Mr. Jensen explained liens don't expire, there is a statute of limitations. Discussion ensued. Commissioner Woods asked about the format of the report and if Mr. Hanson will list all of the suits and give a synopsis. Mr. Hanson stated he would only list the new suits. She asked how we would get updates once a lawsuit started. Mr. Hanson stated the updates should be given verbally, not in public, because with the insurance companies trying to settle it's not something you would want to have a discussion on when the reporters are here. Commissioner Woods stated she wasn't asking for a strategy update, just any action that has happened. Mr. Hanson stated the highest deductible they have on any of these is $10,000 so usually when they settle he reports it to the Commission privately. He stated when they have a case that has some serious issues April 25, 2011 REGULAR COMMISSION MEETING Pate 8 they may ask for a shade meeting. He stated if she wants an update on any of the suits she can call either Mr. Jensen or him. He further stated if the insurance companies are handling them, Mr. Jensen would not have that much detail, but George Foster keeps files of the correspondence from the insurance companies. Commissioner Fletcher stated, to put this in the perspective of the insurance business, the lower the level of information communicated from both Mr. Jensen and Mr. Hanson, the better it is for the City to protect our own legal position with insurance coverage. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED C. Advanced Disposal Annual CPI Cost Adjustment Request. Mr. Hanson recognized Tammy Wilson, the General Manager of Advanced Disposal who was in the audience. Public Works Director Rick Carper explained the City received a letter from Advanced Disposal requesting a Consumer Price Index cost of living increase to their annual contract. He further added our contract states the City shall grant the request, so this is for information. He stated this is the first CPI increase we have had in three years, which coupled with the fuel increase, takes us to about $15.70 per residential unit per month which compares to $15.25 when the contract initiated three years ago. Commissioner Daugherty asked when the contract was initiated and when does the option come up. Mr. Carper stated the contract started June 1, 2008 and comes up in 2014, with an option to renew for five years. Discussion ensued regarding some issues with the trash pickup. Tammy Wilson, District Manager of Advanced Disposal, explained this time of year they are loaded so they have to adhere strictly to the 5 cubic yard guideline, but five months out of the year they should pick up everything that is out. She stated if they have any issues please call her and she will help in any way she can. She stated they want to make sure the residents are getting what they are paying them to do and it is not acceptable to have recycling bins blocking people's driveways. She stated if they have an issue, let her know and she will resolve it, period. She reiterated the customers should get what they are paying for. City Attorney Jensen left the meeting at 7:14 pm. D. Stormwater Master Plan Scope & Fees Approval. Mr. Carper pointed out that attached to the agenda packet was the draft scope and fee proposal from CDM which he has brought before the Commission for their approval to April 25, 2011 REGULAR COMMISSION MEETING Pate 9 do the Stormwater Master Plan update for the City. He further explained the focus of the Stormwater Master Plan update. Motion: Approve the Scope of Services and Fee Proposal for the Stormwater Master Plan Update and authorize the City Manager to sign the contract with CDM. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED E. Art in Public Places. Recreation & Special Events Director Timmy Johnson stated the Commission previously approved the Art in Public Places program with the understanding that the artwork and location would come back for final approval. He stated although they met with several artists, they only have one proposal from Ginifer Brinkley for their review and approval. He stated Jolyn Johnson was in the audience if they had any questions /concerns about the art. Motion: Approve the art proposal from Ginifer Brinkley to be installed on the restroom at Donner Park and approve the site locations for Art in Public Places to be the Lift Station at Donner Park and the Lift Station on Camelia Street. Moved by Parsons, Seconded by Daugherty. Commissioner Woods stated the design for the restroom was available but she didn't see any for the two lift stations. Mr. Johnson stated their plan was to get the locations approved so the artist will have some idea of what they are putting the artwork on. He stated without the location, they can't get anything from the artist. He stated the final design will come back to the Commission for approval. Commissioner Daugherty stated he doesn't believe it is necessary for the Commission to approve the final design. He believes they can trust Mr. Johnson and Mr. Hanson to do that. Mayor Borno stated that is not what they had decided on. Commissioner Daugherty asked if there is a coating put on the artwork to protect it from graffiti so the graffiti could easily be removed. Mr. Johnson stated they could make that request to the artist, although they have not had a problem in the past with the other art. Commissioner Daugherty asked, if in order to save time, could the Commission just let the Committee make the art decisions. He asked if that is something they want to have oversight on. Mayor Borno stated he believes the final approval should come back to the Commission, because the artist's concept may not be something we feel appropriate. He stated that is the Commission's responsibility. Commissioner Parsons stated he also believes it should come back to the Commission . April 25, 2011 REGULAR COMMISSION MEETING Page 10 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Jolyn Johnson asked why the lifeguard station was not included as a location as was originally submitted. Mr. Hanson stated he asked that it be taken off the list. He stated the lifeguard station is going to be a lot more delicate in terms of dealing with the Town Center interests. He stated he believed it was inappropriate to ask the Commission for a blanket approval on that since they will need more input from people before anything can be put on that location. Mayor Borno stated the location is still a possibility. City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported on the latest alcohol deployment stating they only had one business sell to minors, the Safari Food Store at 1197 Mayport Road. Mr. Hanson announced the beach renourishment is a go and the Corp of Engineers has awarded the contract to The Great Lakes Dredge and Dock Company. He stated the contract value is $11,804,400 with construction starting around July 1. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Daugherty • Congratulated Jolyn Johnson and Timmy Johnson and their staff on their work on the Arts in the Park, stating he felt it was an amazing event. • Discussed the beach renourishment. • Remembered Dezmond Waters, stating he was an amazing member of our community. Commissioner Parsons • Further discussed the beach renourishment, stating Ander Crenshaw had a lot to do with it and has done a great job for us. • Wished a belated birthday to the City Clerk. • Reminisced about Dezmond Waters, stating he was in Dezmond's very first home room class and was also taught by him that first year, then years later sat next to each other as Commissioners. Stated he was one terrific man. Commissioner Fletcher • Reported on his trip to Tallahassee and speaking to the legislature on pension reform on behalf of the City. Stated this was his first foray into Tallahassee on behalf of the City. He stated the people who have gone there before him have done a terrific job forging a great relationship with our legislators and with the Florida League of Cities. He thanked the Commission for the opportunity. April 25, 2011 REGULAR COMMISSION MEETING Page 11 Mayor Borno • Thanked Commissioner Fletcher for being available to go to Tallahassee for the City. Commissioner Parsons stated Mayor Borno should be commended for that work too. He stated Dezmond Waters really worked at it and then Mayor Borno took over and both have done such a good job and were so dedicated. • Stated he has lost a good friend in Dezmond Waters; he was a true gentleman. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:39 p.m. 21:4— d-6- Mike Borno, Mayor/Presiding Officer ATTEST: Aoteneb 0/ Donna L. Bartle, CMC City Clerk