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Draft Min 3-23-09MINUTES REGULAR CITY COMMISSION MEETING March 23, 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 Paul Parsons City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner John L. Fletcher (excused) Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Parsons gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve welcomed former Commissioner Rick Beaver and two boy scouts, Sam Leggett and Frank Tappan, who were in the audience. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of March 9, 2009. Motion: Aaarove the minutes of the Re~lar Commission Meeting_of March 9. 20(19, as written. Moved by Borno, Seconded by Parsons. Votes: Aye: 4 -- Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve stated Commissioner Fletcher was out of town and would not be at the meeting tonight. Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Audit Report by Ron Whitesides -Purvis, Gray and Company Mr. Ron Whitesides introduced his colleague, Mr. Clint Boone. He summarized the financial highlights of the audit report stating the audit went very well and the City continues to have a very sound system. He stated although the financials reflect total revenue has declined from $19.7 to $18.2 million, this figure includes an impairment loss on the Buccaneer Sewer Treatment Plant due to the plans to shut that plant down in 3 %z years, rather than it being in service for 15+ years as anticipated. Therefore those assets have had their useful life reduced to an anticipated 3 %z years as of year- end so a loss of $2.6 million is recognized in the financial statements. He stated without that impairment loss, revenues would have been up close to $1.5 million. He further stated expenses are also up from $19.5 to $20.5 million. He stated the good news is the City does have a healthy fund balance reserve of about $9 million in unrestricted net assets. He further explained the pension funds, stating it was not March 23, 2009 REGULAR COMMISSION MEETING Page 2 surprising that both funds had negative returns on beginning net assets this year. He stated the General Employees return was -4.9% and the Police was -S.2%. Mr. Whitesides concluded by stating he believes the audit was very positive. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Sally Clemens, 1638 Park Terrace West, addressed the Commission regarding the sculpture, Pathfinder, stating she strongly recommends the Commission oppose the sculpture for safety and liability reasons and because the Atlantic Ocean with its beach is art in a mast natural, unaffected form. Secondly, she suggested the City begin looking for marries to upgrade our wastewater projects and not depend on the funds from any stimulus package. 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 City Manager Jim Hanson reported on the Buckman property proceedings, stating there will be a public hearing an Apri127, with the closing an Apri130. He stated the price of the property will be $1,O1S,000, with the City paying $185,000 and the remainder coming from private sources. He stated Atlantic Beach will also have to pay $6,000 in legal and closing costs. He stated the budget ordinance has an appropriation of funds in it for $185,000 from the bed tax money and the $6,000 will need to be added for the closing costs. He stated the appraisal and other documents are on file in the City Clerk's office for anyone who would like to look them over prior to the public hearing. 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 Monthly Utility Sales and Financial Reports for February 2009. B. Declare the list of property as surplus. C. Extend the Ditch Spraying contract with Bluewater Environmental of Florida, Inc. for three years at the current (2006) price total for the year, $20,928.00. Mayor Meserve read the Consent Agenda. Motion: Aaurove Consent Agenda items A. B, and C, as read. Moved by Borno, seconded by Parsons. March 23.2009 REGUI.AI~ COIV~MISSIQN MEETING Pale 3 Votes: Aye: 4 - Borno, Meserve, Parsons, Woods Nay: 0 - MQTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH REQUESTING ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM. Motion: Anarove Resolution No. 09-04 Moved by Borno, seconded by Parsons Assistant City Manager David Thompson summarized the project, explaining a boardwalk would be built for deep water access, with akayak/canoe launch at the end. He stated the City has received tentative approval to apply for funding with the Florida Inland Navigation District that will provide for planning, design, and engineering for this project. He stated the Inland Navigation District requires a Resolution be provided with the application submitted to the State, which has a deadline of April 1. He further stated, in the event signatory authority is needed to sign off on the paperwork, he would like to have the Commission approve that also so the application can be submitted on time. He stated the total cost is $240,000 and the City's portion for the project would be $120,000, which could be paid from either bed tax money or the general fund. Commissioner Woods asked if this project involves any signage. Mr. Thompson stated they anticipate that will be a part of the project. Mr. Hanson stated there currently is a canoe trail marked from Tideviews Park to Dutton Island and also north from Dutton Island to Oak Harbor. City Clerk Bartle noted the Commission would be voting on the revised Resolution given to them tonight, rather than the one in their agenda packets. Votes: Aye: 4 - Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-09-96, Introduction and First 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. March 23.2009 REGULAR COMMISSIUN MEETING Page 4 Motion: Aparove Ordinance No. 20-09-96 as read and adding an amendment under Convention and Development Tax. Capital Outlav - Land to increase X185.000 by ~C,,000 to decrease fund balance by $191.000. Moved by Borno, seconded by Paraons. Finance Director Nelson Van Liere summarized the Ordinance, explaining the transfer from the general fund to the Fublic Utility Fund and the Convention Development Tax Fund expense. Discussion ensued and Ms. Kaluzniak answered questions from the Commission. Votes: Aye: 4 - Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Sculpture in Town Center Mayor Meserve stated some of the initial questions the Cities of Atlantic Beach and Neptune Beach had were answered, such as the pedestal height will be taken down to one foot, the bollards to deflect traffic have been redesigned, the Cities would pay the full maintenance from inception, and relocation of the sculptwe would not be considered. Commissioner Parsons stated he understood the maintenance would be paid for by the Town Center Agency for the first twenty years. Michael Dunlap, 118 West Adams St., Jacksonville, explained there were questions about minor maintenance fees such as spray washing and lighting which they believe are minor and the cities can handle. He stated the principal maintenance would be handled by the Town Center Agency. He further stated the coating is good for ten years and they will build in a bond/escrow for the next ten years, so 95% of the maintenance is covered by part of the fund raising effort. Commissioner Borno stated, in the original resolution for Town Center Agency to proceed, he remembered there would be no maintenance issues that would revert back to either city. He stated he has not received positive impact from any citizens from either city and does not believe it is fair to make a determination tonight. He would like to defer this issue until the Commission Meeting on April 13 when they have a full Commission, noting Commissioner Fletcher's absence. Motion: Defer until April 13, 2009. Moved by Borno, Seconded by Woods Commissioner Woods stated Mr. Dunlap did a wonderful job answering all the questions they had but stated she would also like a little more time to look at his response. Commissioner Parsons stated he agreed and would also want the full Commission here to make a decision. March 23.2009 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4 - Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Wastewater and TMDL Compliance Program -Authorize Final Design. City Manager Hanson summarized the design and work proposed and stated he believes the City has a good plan in place and a goad team at a fair price and recommended the approval of the contract. Motion: Award contract to IIDR Engineering for the City's Final Design for Wastewater and TMDL Compliance Program in the amount of $1,067,152 and authorize the City Manager to sign the contract. Moved by Borno, Seconded by Parsons. Votes: Aye: 4 - Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Request to approve proposed projects for Fiscal Year 2009-2010 Community Development Block Grant (CDBG) funds. Community Development Director Sonya Doerr explained the Community Development Block Grant program, stating the City consistently asks for $120,000 each year. She further explained the process the staff uses to develop recommendations each year which include HUD eligible activities that support the City's Strategic Planning goals and that would likely not be funded in any other way. The current grant year funds are being used for new sidewalks and the construction of tennis courts, shelter and a water fountain at Donner Pazk. Projects proposed for the 2009-10 grant yeaz include (1) extending the sidewalks along Dutton Island Road from Donner Park to Lakeview Court and also along Dudley Street from George Street to Mayport Road, and (2) improvements to Jordan Park including improved parking, a covered shelter and water fountain. Motion: Approve propose_ d uro_, iects for 2009-2010 Co,_, mmunity Development Block Grant fund expenditure and authorize City Manager to sign the contract Moved by Parsons, Seconded by Borno. Votes: Aye: 4 -- Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED March 23.2009 REGULAR CQMMISSION MEETING Pace D. 2008 Police Department Annual Report. Chief Mike Classey summarized the highlights of the annual report, stating Atlantic Beach still has the lowest per capita crime rate. He further stated overall this year there has been a 10% drop in crime in Atlantic Beach and a 10% increase in the number of arrests. Commissioner Borno congratulated the police department stating he believes they are doing a great job. E. FEMA Contract -Authorization for Federally Funded Public Assistance Agreement. City Manager Hanson explained the agreement, stating it relates to Tropical Storm Fay reimbursement. He reported Atlantic Beach was receiving a higher percentage of reimbursement because the Public Works Department had a hurricane debris removal plan that was already in place and approved prior to Tropical Storm Fay. Motion: Authorize Mavor tQ sign the agreement to obtain reimbursement from FEMA• Moved by Borno, Seconded by Parsons. Votes: Aye: 4 -Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED F. Approval of Grant Application Projects and Matching Funds. Assistant City Manager Thompson summarized his staff report and the grant program funding process, stating the City had submitted two projects: Saltair Gravity Sewer Rehabilitation and Wind Retrofit for City Hall. He stated, if approved, the City would receive a $300,000 grant for the Saltair project, with the City's match being $100,000. He stated the Wind Retrofit project total was $50,000, with $37,500 coming from grant money. He explained although both projects have made it through the local approval levels, it does not guarantee we will get all of this money, but stated he was very optimistic for both projects. _Motion: Suouort the nroiects discussed, including a commitment to arovide the $112.500 matching funds necessary for the aaulication arocess to continue. a authorize the Mavor to sib the related aaQerwork for each grant auolication. Moved by Borno, Seconded by Woods. Ms. Kaluzniak and Mr. Hanson answered questions from the Commission. Votes: Aye: 4 -Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED March 23, 2009 REGULAR COMMISSIOIY,MEETING Pace 7 G. Award George Street Sidewalk Bid {CDBG). City Manager Hanson explained G&H was the low bidder and recommended going with the low bidder, even though there were minor irregularities, which our bid specs allow. Motion: Waive the irregularity of a one-day delay in providing all required bid documents in the_ bid and award the contract to G&H Underground for $39.252.69, which includes a 10% conNngencv amount, and authorize Citv Manager to sign contract. Moved by Borno, Seconded by Parsons. Discussion ensued and Mr. Carper answered questions from the Commission. Votes: Aye: 4 - Borno, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED .~..~ City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported on the State revenue reductions, stating reductions far Atlantic Beach were $98,529 below the last set of estimates we received. He stated he plans to propose some additional reductions in the City's expenditure budgets to offset these for the current fiscal year. He further stated we aze in better shape than the school system in a lot of other cities because we have put a lot of money into capital projects in past years, but stated we aze getting close to having to start cutting some services. He stated he does not anticipate laying anyone off at this point. Commissioner Woods stated we had anticipated, due to the economy, our costs would come down for some of our projects and asked if this had happened. Rick Carper stated yes on some capital projects, but not on operational yet. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Clerk Bartle • Announced the candidate notebooks for the 2009 election aze available in her office if anyone is interested. Commissioner Borno • Reminded everyone that Sea Turtle season starts May I and people along the beach will be receiving the annual letters about working with us to keep unnecessazy lights down, etc. • Reported on the letter he received from the President of the Florida League of Cities regazding the Tabor Revenue Caps, public construction, and police and fire pension reforms, stating they will be working on these and other issues when they go to Tallahassee on Tuesday and Wednesday. March 23.2009 REGULAR COMMISSION METING pees g • Stated he also received a letter from St Johns River Water Management District that there will be a public workshop on Apri16 regazding the water supply plan. Commissioner Parsons • Asked if the lights on Selva Marina Drive have been upgraded to brighter lights. Mr. Hanson stated they gave JEA a list several months ago. Chief Classey stated he will put this on his list. Commissioner Woods Attended the Stimulus Summit this morning and stated she gave her report to the Commission. She stated the entire list will be on Congresswoman Brown's website tomorrow. • Reported there will be a Mazch 28 workshop with HUD Counselors and Lenders at Beaver Street Enterprise Center at 1225 W. Beaver St. • Reported she will also be going to Tallahassee tomorrow. Mayor Meserve • Stated there is a local planning study called Reality Check First Coast. He stated there is a survey on realtycheckfirstcoast.com about what we locally in Northeast Florida want to become and suggested everyone take it. • Reported we aze fourth from bottom in educational funding in the State of Florida. • Agreed with the auditor that pension fund costs need. to be planned for in the budget and stated something needs to be done to get those costs down or they will just continue to go up. Adjournment There being no further discussion, the Mayor declazed the meeting adjourned at 7:29 p.m. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk