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Minutes 10-3-11 Special Called Meeting MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON OCTOBER 3, 2011 AT 6:00 PM City Commission Members present: Mike Borno, Mayor John L. Fletcher, Mayor Pro Tem Jonathan Daugherty, Commissioner Paul B. Parsons, Commissioner Carolyn Woods, Commissioner Staff present: Jim Hanson, City Manager Donna L. Bartle, City Clerk Nancy Bailey, Recording Secretary The meeting, which was held for the purpose of discussing the recommendations regarding landfill tipping fees, was called to order at 6:02 p.m. by Mayor Borno. Landfill Tipping Fees— Discussion and Action Mayor Borno stated Atlantic Beach and Neptune Beach have been notified that the tipping fees will be charged and discussed the various options. He recognized Neptune Beach Mayor Harriett Pruette and Vice Mayor Kara Tucker, who were in the audience. His recommendation was to have a joint letter with Neptune Beach, signed by both Mayors, to the City of Jacksonville and made the following motion. Motion: Authorize the Mayor to sign a ioint letter with the Mayor of Neptune Beach to the City of Jacksonville Mayor and Council President advising them of our surprise and concern with their recent decision to begin charging a landfill tipping fee and requesting their cooperation in working with the City staff and consultants to obtain additional information to determine if the provision in the Interlocal Agreement authorizing tipping fees has been met. Moved by Borno, Seconded by Fletcher Commissioner Fletcher stated he wanted to add two things to that approach: (1) remind the City of Jacksonville that this decision is not binding just because they put this in their budget. It does not mean the Cities of Atlantic Beach and Neptune Beach recognize it as binding on us; and (2) remind the City Council President that the City Council has a bifurcated role. They are the City Council in the City of Jacksonville and they are the County Commission of Duval County and, as such, have a fiduciary responsibility to other component cities of Duval County and by assessing a tax from one city, that we wholeheartedly reject, to solve a budget problem in another city is a breach of their fiduciary responsibility and we are not going to tolerate it. Discussion ensued. Mr. Jensen stated the intent of the letter, as he understands it, is that we have a contract and the fact that they have put an item in their budget does not change our agreement with them. He stated we intend to honor the contract we have and expect them to do the same. He stated we do Minutes — City Commission Special Called Meeting October 3, 2011 Page 2 not believe they have gotten to the level of charging their own residents, which they must meet, before they can impose landfill tipping fees on us. City Manager Hanson summarized the background on the tipping fees. He stated he believes we need to get a complete understanding of the City of Jacksonville's books and determine whether they have met the terms of the Interlocal Agreement. He believes a consultant that understands the solid waste business and the accounting that goes with it would be appropriate to do this. Commissioner Daugherty asked if we are able to dump our waste /sludge without paying the fee. Mr. Hanson explained several options. Discussion ensued. Motion: Amend to include: (1) remind the City of Jacksonville that this decision is not binding just because they put this in their budget and it does not mean the Cities of Atlantic Beach and Neptune Beach recognize it as binding on us; and (2) remind the City Council President that the City Council has a bifurcated role, they are the City Council in the City of Jacksonville and they are the County Commission of Duval County and, as such have a fiduciary responsibility to other component cities of Duval County and by assessing a tax from one city, that we wholeheartedly reject, to solve a budget problem in another city is a breach of their fiduciary responsibility and we are not going to tolerate it. Moved by Fletcher, Seconded by Daugherty Commissioner Fletcher stated the City Attorney understands the intent of what he said and knows he can refashion that in legal words. Mr. Hanson clarified the two components they want in the letter are that any decision by Jacksonville on their budget is not binding on Atlantic Beach because of the Interlocal Agreement and we take issue with Jacksonville choosing to try to impose a fee on us to pay for a program in another City. Commissioner Woods stated it should also include that the Interlocal Agreement is by mutual consent and we do not consent. Commissioner Fletcher stated he agrees that charging the tipping fees is not a unilateral decision but needs to be made by mutual consent. City Attorney Alan Jensen explained the agreement states they can charge the fee at a certain point in time but we can make them prove that they have gotten to that level. Commissioner Woods clarified the amendment to the letter is to include the three points discussed. Mayor Borno called for a vote on the amendment to include the three points. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno then called for a vote on the amended original motion. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Minutes — City Commission Special Called Meeting October 3, 2011 Page 3 Motion: Direct staff to obtain proposals from private consultants for services in connection with determining whether Jacksonville has met the provision in the Interlocal Agreement for the payment of landfill tipping fees. Moved by Fletcher, Seconded by Parsons Mayor Borno stated the two City Managers will get together rapidly and find some private consultants with the background to do a range of one to two weeks work for $15k -25K. Commissioner Woods questioned whether Jacksonville would cooperate with opening their books. Mr. Jensen stated if Jacksonville chooses not to cooperate with that request, we can do a public records request and they will have to give us the documents. Commissioner Daugherty stated he believes this is premature. He stated he believes they should send the letter, let them know our position and that the burden of proof is on them. He stated he is against hiring a consultant for $15 -20K. He stated if step one doesn't work, then they can go to step two, hiring a consultant. Mr. Hanson stated they have already asked for their numbers over the past year and have received very simple, sometimes incomprehensible numbers and sometimes conflicting numbers and it has gotten to a point if they are going to get real answers they are going to have to send someone in to spend some time to understand their operation better. He stated he has neither the time nor expertise to do this and would like someone with more expertise to do that. He further pointed out that he has asked for information under the open records and it took weeks and weeks to get it. He believes the only way we are going to get these questions answered is to send someone down there for a week. Commissioner Fletcher stated he doesn't see in this motion that we are going to work with Neptune Beach to jointly do this and would like to add this. Mayor Borno stated they cannot bind Neptune Beach to this but Neptune Beach has a special meeting Thursday night and they will be discussing this also. He asked Mayor Pruette if she wanted to address this. Mayor Harriett Pruette, Neptune Beach, stated she believes it is critical that they work with Atlantic Beach and are unified on this. She stated there comes a time when you have to take a stand and now is the time and she hopes her council will be unified and they can come together and share some of the cost. She stated they will have a meeting on this on Thursday and she likes what they have discussed tonight. She stated let's just work together and get through this. Commissioner Woods stated, on the issue that Jacksonville is unilaterally changing the Interlocal Agreement by stating they have met whatever their requirements are, is that something they would want to invite Jacksonville Beach to join us on. She stated they also have an Interlocal Agreement that they would not want Jacksonville to unilaterally change. She stated if Jacksonville gets away with this, they can do the same thing to Jacksonville Beach. Mayor Borno stated, depending on how this goes, there may be a point in time where the issue of combining all three cities could happen. Minutes — City Commission Special Called Meeting October 3, 2011 Page 4 Motion: Amend to request this be in conjunction and partnership with Neptune Beach for sharing in the information gathering and cost of the private consultant. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Discussion ensued and Mayor Borno called for a vote on the original motion, as amended. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Discussion ensued regarding refuse transfer stations. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 6:50 p.m. Al e..., _ d tt_4_,.,) Mike Borno, Mayor/Presiding Officer ATTEST: /a414t c/4 Donna L. Bartle, CMC City Clerk