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