072307 - Item Draft Minutes of 7-9-07MINUTES
REGULAR CITY COMMISSION MEETING
July 9, 2007
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson Commissioner Sylvia N. Simmons
Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen
Commissioner Mike Borno City Manager Jim Hanson
Commissioner Jamie Fletcher City Clerk Donna Bussey
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Commissioner Borno.
Mayor Wolfson welcomed the audience and explained the process for public
comments.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
June 25, 2007.
Motion: Approve the minutes of the Regular Commission Meeting on
June 25, 2007, as written.
Moved by Borno, seconded by Simmons.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Wolfson opened the Courtesy of the Floor to Visitors.
Former Mayor John Meserve, 2126 Beach Ave., addressed the Commission
regarding various issues of redistricting, urging them to go slowly as they go forward,
and stated he is in favor of keeping it status quo.
Maria Mark, 1148 Linkside Drive, addressed the upcoming MarshFest event and
asked that the Commission approve their request for this event and take into
consideration making this an annual event.
Michael Hoffmann, 176 Camelia Street, expressed concern about the possible budget
cuts and the money previously put into beautification of the City. He further spoke in
favor of the redistricting issue and expressed appreciation to the Commission for
creating the citizens committee on redistricting.
Pat Pillmore, 995 Camelia Street, addressed the redistricting issue stating she does
not believe anyone from the west side of Atlantic Beach would run for office. She
stated if someone runs at large, since Atlantic Beach is a small community, it is not that
hard to represent everybody, if everyone is fair.
July 9, 2007 REGULAR COMMISSION MEETING Page 2
Ann Bowers, 954 Stocks Street, stated after being part of the District Representation
Study Committee she realizes there is divide in the City. She stated Atlantic Beach is a
wonderful place to live and believes they want it to be a solid community where
everyone feels a part of the City. She stated it is not that way now for varying reasons.
She stated the Committee spent a lot of time and effort and learned a lot, which is in the
report they gave to the Commission. She asked the Commission to put in some time to
read their recommendation.
No one else from the audience spoke so the Mayor 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 Monthly Public Works and Utility Departments Report
for June 2007 and New Local Business Tax Receipts issued in June 2007.
B. Extend the contract for Chlorine (Bid No. 0405-18) for one additional year to
Jones Chemical, Inc. at the current contract prices.
C. Award the annual contract for Repair of Electrical Motors and Pumps, Bid No.
0607-12 to Industrial Equipment Service & Repair.
Motion: Approve Consent Agenda as read.
Moved by Fletcher, Simmons, and Waters, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Report from Chairman Lyman Fletcher on Recommendation of the District
Representation Study Committee.
Chairman Fletcher thanked the District Representation Study Committee asked the
members to introduce themselves and comment on their experience on the Committee.
July 9 2007 REGULAR COMMISSION MEETING Pace 3
Bob Ballow, Steve Litton, Joyce Freeman, Johnny Bass, Reed Beaubouef, Maureen
Shaughnessy, Carol Anderson, Ann Bowers, and Joan Carver each introduced
themselves and expressed their support of the Committee's recommendation.
Mr. Fletcher stated that, unanimously, the Committee believes that for the future of
Atlantic Beach and to preserve the character of the residential community their
recommendation reflects what is best for Atlantic Beach.
Mayor Wolfson commended the Committee and thanked them for the time they have
given to the recommendation. He stated the Commission would discuss their
recommendation tomorrow night at the workshop and commence the debate whether
their recommendation should go forward to the citizens for them to have the fmal say.
Commissioner Simmons asked Mr. Jensen, under the sunshine law, if any of the
Commissioners have questions can they ask the individual committee members? Mr.
Jensen stated they could. Commissioner Fletcher asked if any of the committee
members would be present at the workshop tomorrow when they discuss this, if they
have any questions. Mayor Wolfson expressed an invitation to the Committee
members to attend the Workshop at Adele Grage tomorrow night at 6:00 p.m., if they
are available.
Action on Resolutions 6. Action on Resolutions
None
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-07-200, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, SAID
ORDINANCE RE-ADOPTING CHAPTER 24 OF THE CITY CODE, INCLUDING
ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE
SPECIFICALLY AMENDING SECTION 24-156, EXCEPTIONS TO HEIGHT
LIMITATIONS, TO CREATE CONSISTENCY WITH THE CITY CHARTER AND
ALSO AMENDING SECTION 24-161, OFF-STREET PARKING AND LOADING;
THESE SECTIONS CONTAINED WITHIN CHAPTER 24 OF THE CODE OF
ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
Mayor Wolfson read the Ordinance by title only.
Sonya Doerr explained this is a change to the land development regulations to make
Section 24-156 consistent with the Charter as well as a general update to our parking
regulations and stated she was here to answer any questions.
Mayor Wolfson opened the floor to the Public Hearing.
Pat Pillmore, 995 Camelia Street, asked what the parking regulation changes involve.
Ms. Doerr explained in summary it is just an update, no parking requirements were
July 9 2007 REGULAR COMMISSION MEETING Page 4
eliminated. She stated bicycle pazking requirements for a new development were
added, clarified some issues with respect to parking on commercial lots, parking that
backed out onto busy city streets, included a provision to address tree protection giving
the City Manager the authority to review, with very limited latitude, when parking
needs to be shifted around only for the purpose of protecting trees. Mayor Wolfson
stated that also the option of the Commission being allowed to grant an exception to the
35' height limit in non-residential zoning districts has been eliminated.
Steven Kuti, 1132 Linkside Drive, asked Mr. Jensen to comment on how a
commission can change a referendum. Mayor Wolfson stated there was no change it
was just to clean up the language.
Motion: Approve Ordinance No. 90-07-2Q0 as read.
Moved by Borno, seconded by Simmons
Commissioner Waters stated he still has an objection to the item under F (3) that states
in commercial properties you can no longer back out of a parking place, and believes
this will make it very difficult for some properties. He stated although he agrees you
should not be able to back into thoroughfares and major collectors, he sees nothing
wrong with backing out on streets such as Ahern. He then asked Chief Thompson if
this is a problem. Chief Thompson stated they get backing accidents all azound the city
and anything they can do to prevent people from backing out into traffic, whether a
small street or a busy street, still makes it a little safer. Commissioner Waters stated he
still believes there has not been an investigation into what this will do to the small
properties left in the commercial district to be developed.
Votes:
Aye: 4 -Borno, Fletcher, Simmons, Wolfson
Nay: 1-Waters
MOTION CARRIED
B. Ordinance 31-07-05, Public Hearing and Final Reading
ADOPTING SEMI-ANNUAL AMENDMENTS TO THE 2015 COMPREHENSIVE
PLAN AS PREVIOUSLY ADOPTED BY ORDINANCE 31-04-04, AS AMENDED;
THESE AMENDMENTS INCLUDING ONE CHANGE TO THE 2005 - 2015 FUTURE
LAND USE MAP DESIGNATION FROM RECREATION AND OPEN SPACE TO
RESIDENTIAL, LOW DENSITY FOR PROPERTY KNOWN AS THE SELVA
MARINA COUNTRY CLUB AND ALSO TEXT AMENDMENTS TO THE GOALS,
OBJECTIVES AND POLICIES OF THE FUTURE LAND USE, INTER-
GOVERNMENTAL COORDINATION AND CAPITAL IMPROVEMENTS
ELEMENTS OF SAID PLAN; PROVIDING FOR INTENT, AUTHORITY, FINDINGS
OF FACT, FINDINGS OF CONSISTENCY, SEVERABILITY AND AN EFFECTIVE
DATE.
Mayor Wolfson read the Ordinance by title only. Ms. Doerr stated this is the final
public hearing for the semi-annual comprehensive plan amendments, which includes
the Selva Marina map amendment and the text amendment. If the Commission
approves adoption of the plan amendments she will send them back to the Department
of Community Affairs for review, then they will issue a Notice of Intent in
July 9.2007 _REGULAR COMMISSION MEETING Pace 5
approximately 45 days to find the amendments in compliance with our Comprehensive
Plan and the State law. She stated a PUD couldn't be adopted until we receive that
final order from DCA stating the plan amendments are in compliance. Mayor Wolfson
stated for clarification purposes that this is an administrative act tonight and the PUD is
going to the Community Development Board for further evaluation. Ms. Doerr stated
that was correct, all that was being considered tonight is the change in land use
designation for that portion of the Selva Marina Country Club property that is in
Atlantic Beach from recreation and open space to residential low density.
Mayor Wolfson opened the floor to the Public Hearing.
Alan Ennis, 1865 Live Oak Lane, spoke on behalf of the applicant, Selva Marina
Country Club in their application for land use change and expressed his support of the
development. He stated their application and the transmittal to the State of Florida for
the land use change has been reviewed by the Department of Community Affairs and,
with input from other State agencies, DCA has found no reason to reject or deny this
application. He stated this project has one goal, to make significant improvements to
the Club that are needed for the Club to remain an important part of this community for
many years. He assured the Commission the improvements to be made at the Club
facilities and the residential development will be a positive impact for the City of
Atlantic Beach from both the community character perspective and from an economic
perspective.
Verna Urbanski, 1586 Linkside Drive, distributed copies to the Commission of her
comments and questions, which she then read expressing her opposition to the
development plan.
Matt Jackson, 76 S. Laura Street, Suite 2110, Jacksonville, representing the
residents of Selva Linkside II, expressed opposition to the development plan stating
recreation and open space should be treasured.
Dave Estes, 1275 Linkside Drive, stated he is against the redevelopment plans as
presented, citing several references to saving and preserving open land in the 2015
Comprehensive Plan.
Jack Robbins, 1435 Linkside Drive, representing the Homeowners Association for
Selva Linkside Unit I, stated the Association doesn't want the development but they
realize the whole property will be developed if this doesn't happen, so they believe this
is the best option they have.
Dee Reiter, 1798 Selva Marina Drive, supports the proposal for the development and
stated she is a member and supporter of the Country Club.
Christa Figgins, 1637 Linkside Dr. W., spoke in opposition to the proposed change
and does not believe this will solve the problems Selva Marina Country Club has.
Barry Shaw, 1690 Selva Marina Drive, spoke in favor of the proposal for Selva
Marina redevelopment.
July 9, 2007 REGULAR COMMISSION MEETING Pace 6
John Radcliffe, 1921 Sevilla Blvd. W., representing the Sevilla Condominium
Association, spoke in favor of the adoption of the amendment and development.
Maria Mark, 1148 Linkside Drive, supports the adoption of the amendment.
Kelly Elmore, 1650 Beach Avenue, read a letter he wrote to Shorelines and expressed
his support of the development.
Deborah Roberts Muth, 1595 Linkside Drive, supports Selva Marina Country Club
but believes, as a club member, the members should be footing the bill and believes
there are many viable options the members could consider. She stated she does not
support the change in the land use plan.
Joseph Meehan, 1243 Linkside Drive, stated, although he would rather be spending
this evening (70a' birthday today) at dinner with his friends, the attempt to amend the
Comprehensive Plan Future Land Use Map disturbs him deeply, so he has chosen to be
here instead to express his opposition to the request to amend the land use map.
George Garcia, 640 Ocean Boulevard spoke in favor of the proposed land use
change.
Bill Harris, 1731 Park Terrace East, spoke in favor of the redevelopment.
Michael Kring, 1580 Selva Marina Drive, asked the Commission not to adopt the
amendment.
Joe Peek, 3950 Demery Drive E. spoke in opposition to the redevelopment.
Randy Jackson, 1786 Selva Maruta Drive, spoke in support of the amendment.
Cindy Anderson, 1770 Park Terrace East, stated she is in favor of the
redevelopment.
Mayor Wolfson closed the floor to the Public Hearing.
Commissioner Waters left the meeting at 9:13 p.m.
Motion: Aaprove Ordinance No. 31-07-05 as read.
Moved by Borno, seconded by Simmons
Commissioner Borno addressed the concern that the City of Atlantic Beach has no
control of the remaining acreage that is in Jacksonville. He stated it is his
understanding Selva Marina Country Club is working on an amendment to their deed to
include a deed restriction so no height over 3S feet can be built on any of that property
and asked if that is true. Mr. Ennis informed him that is true. Commissioner Borno
stated he is in favor of this Ordinance proceeding on and rezoning.
Commissioner Waters returned at 9:17 p.m.
July 9 2007 REGULAR COMMISSION MEETING Ps~e 7
Commissioner Fletcher proposed amending the Ordinance to strike all relevant
language to Selva, which will give six more months for the Club's developers to work
on other options.
Mayor Wolfson asked staff if it is possible to do this.
Commissioner Bomo asked Commissioner Fletcher what data he is looking for in
relationship to open area. Commissioner Fletcher stated this has nothing to do with
open area, it concerns options the Club has and the data the Commission has not been
given. He wants to know if the Club is in trouble. He stated Mr. Ennis would say it is
and that they need to sell the land, there are no other options. Commissioner Fletcher
stated he wants more time, six more months, for the Club to give the City more options.
Mr. Jensen stated Commissioner Fletcher should limit himself to the issue that is before
him tonight. The Club could be very successful financially, but they still have the right
to sell their own property. He stated what they want to do with other parts of their
property is not germane to the issue before the Commission tonight. The Commission
is to determine whether the proposed land map amendment is consistent with Atlantic
Beach's comprehensive plan, the State comprehensive plan, etc.
Commissioner Fletcher stated he has serious concerns whether it is consistent with our
comprehensive plan and further concerns that the Commission has not been apprised of
all those inconsistencies. Mr. Jensen stated all the staff reports have said there is
nothing that is inconsistent with our comp plan.
Commissioner Simmons stated what is before the Commission tonight is changing the
comp plan from rural open to low density residential. She stated Commissioner
Fletcher can choose to vote no and give his reasons, but that is a vote, we don't have
the right to tell the Club we want to see an altogether different plan or every plan that
was developed before they decided this was their best plan. They have decided that and
it is their right. It is now the Commission's decision to decide upon this and only this.
Commissioner Waters stated he is not really worried, if there are really substantial
problems this can be stopped at the third step.
Commissioner Borno agreed with the City Attorney that they need to stay on track, but
he also stated the other thing the Commission needs to keep in mind is that DCA came
back with no comment.
Mayor Wolfson stated, in response to the citizen's comments about his opposition to
the Moody project, he opposed it because he is very concerned about density and how it
can adversely impact our community and he is very opposed to the precedent that
would be established in adjacent City of Jacksonville properties related to height. He
stated he was very clear in his discussions with the Mayor of Jacksonville and the City
Councilmen. He stated this is the issue he is concerned about here. The City of
Jacksonville has jurisdiction over the golf course. He stated he and fellow
commissioners have been told by the City of Jacksonville to stay out of their issues.
That is what Moody was all about and that is potentially what this is all about if the
Club does not survive. Ultimately this Country Club could be developed under the
Jnly 9 2007 REGULAR COMMISSION MEETING Page 8
authority of the City of Jacksonville and it can go high-rise. The leadership of this
Club has the authority to do whatever it can to survive financially. They can make the
decisions with the City of Jacksonville or the City of Atlantic Beach. The leadership of
the Country Club has offered to restrict by deed the height of any future development
for the life of that property, which is a huge concession to everybody who lives in
Atlantic Beach and the surrounding homes.
Commissioner Simmons stated the Country Club is a valuable asset to our community.
Mayor Wolfson asked for a roll call vote, since there is a dissent. City Clerk Bussey
called the vote.
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 1 -Fletcher
MOTION CARRIED
C. Ordinance No. 20-07-86, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007
Mayor Wolfson read the Ordinance by title only.
Motion: Approve Ordinance No. 20-07-86 as read
Moved by Borno, seconded by Waters
Commissioner Borno clarified the two modifications this Ordinance addresses in the
budget adjustment are $10,000 due to a vehicle accident in the Town Center area that
needs to be repaired and $15,000 necessary to remove one gas tank in the Royal Palrns
neighborhood in order to get a handle on the removal of all the gas tanks that are buried
in the ground there.
Commissioner Fletcher left the meeting at 9:40 p.m.
Commissioner Simmons stated the Town Center item is a wash because although
$10,000 was spent, $10,000 will be received from insurance. She stated the only real
change in the general fund portion of the $15,000 is for the gas tank removal.
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Fletcher absent for the vote
Miscellaneous 8. Miscellaneous Business
Business
A. Approve Mutual Aid Agreement with Jacksonville Sheriff's Office, Neptune
Beach, and Jacksonville Beach and authorize the City Manager to sign.
July 9, 2007 REGULAR COMMISSION MEETING Page 9
Motion: Approve Mutual Aid Asreement.
Moved by Waters, seconded by Borno
Commissioner Borno thanked Chief Thompson for providing the copy of the Mutual
Aid Act.
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRRIED
Fletcher absent for the vote.
B. Further discussion of proposed new Section 24-87 of the Land Development
Regulations to address the Redevelopment, Repair or Replacement of Lawfully
Existing Residential Uses including those damaged or destroyed by weather-
related acts -deferred from the last Commission meeting.
Ms. Doerr summarized the proposed new Section 24-87.
For the record, Mayor Wolfson stated this item has not been discussed yet at a
Workshop, but it was discussed at the Community Development Board and the
recommendations were brought back to the Commission.
Commissioner Fletcher returned at 9:45 p.m.
Discussion ensued and it was the consensus of the Commission to bring this item to the
Workshop tomorrow night for further discussion.
Motion: Defer discussion to workshop on July 10, 2007.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRRIED
C. Request from Jacksonville Transportation Authority (JTA) to appoint member
to Regional Waterborne Advisory Committee
Mayor Wolfson asked Commissioner Simmons if she would be willing to represent the
City of Atlantic Beach as a member. Commissioner Simmons accepted the
appointment to the Regional Waterborne Advisory Committee.
D. Appoint Voting Delegate for FLC Annual Conference in August 2007 in
Orlando
July 9 2007 REGULAR COMMISSION MEETING Pace 10
Mayor Wolfson asked Commissioner Waters if he would represent the City as our
voting delegate. Commissioner Waters agreed to do so.
Motion: Appoint Commissioner Waters as the voting delegate at the FLC Annual
Conference.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRRIED
E. Request for approval of MarshFest event on November 17, 2007
Mr. Hanson asked for the Commission's approval for this event, which could involve
hundreds of man-hours of City employees.
Motion: Approve City sponsorship of the MarshFest event on November 17, 2007.
Moved by Fletcher, seconded by Waters
Commissioner Borno stated he has a lot of reservations about the application as
submitted and believes it is not complete and premature that there is no funding request
or assistance identified for the City of Atlantic Beach involvement. He stated he is
against funding and believes the City got blindsided last time after the fact. He believes
it is a great project but it needs to rest on its own laurels and its own budget and not be
coming to the City for cash. He stated there are too many gaps in the application that
still need to be answered before he will vote for this.
Commissioner Simmons stated she believes with the City sponsorship, the City
Manager will assure everything will be fully in place this year to avoid problems
encountered last year.
Votes:
Aye: 4 -Fletcher, Simmons, Waters, Wolfson
Nay: 1 - Borno
MOTION CARRRIED
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson stated there will be a Commission Workshop tomorrow night to discuss the
recommendation from the District Representation Study Committee and land
development regulations. He stated they are beginning to set the budget workshops for
August. He stated more time is expected than normal due to the legislature's change to
the mandated roll-back of property taxes, which he anticipates will require a lot more
discussion of the City Commission about what steps to take.
July 9, 2007 REGULAR COMMISSION MEETING Page 11
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Recommendation for reappointments to the Cultural Arts and Recreation
Advisory Committee
Motion: Reappoint Laurie Melancon. John Longbottom and Mark Howard to the
Cultural Arts and Recreation Advisory Committee
Moved by Wolfson, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRRIED
B. Recommendation for new appointment to the Cultural Arts and Recreation
Advisory Committee
Motion: Appoint Lori Gaglione to the Cultural Arts and Recreation Advisory
Committee
Moved by Wolfson, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRRIED
C. Report from City Attorney Alan Jensen on recommendations from Supervisor
of Elections
Mr. Jensen summarized his meeting with Jerry Holland stating we have two options, do
nothing and continue the way we have been, as our Charter now provides, or prepare an
Ordinance proposing a Charter change that will make our qualifying and election dates
more in line with what all the other jurisdictions around here do. He stated this will
provide some benefit to the Supervisor of Elections office as far as time and printing
needs and meeting ballot requests, etc. He stated there are a couple of minor changes in
the State law that this would address. Mr. Jensen believes this would make sense to do
and to propose the Charter changes would not be much of an impact on our existing
Code of Ordinances. He stated there is a presidential primary at the end of January and
this could be on the ballot as a referendum item at that time if the Commission chose to
do so.
City Clerk Donna Bussey stated she believes the changes would be a benefit. She
stated, at the last election, the time frame in relation to the absentee ballots was really
tight and this would help that.
Ms. Bussey stated the Supervisor of Elections also recommends they handle the
absentee ballots, for security reasons. She stated they already are doing this for
Jacksonville Beach and Neptune Beach. She does not believe this would take a charter
change but she would like a consensus from the Commission to allow them to do that
July 9 2007 REGULAR COMMISSION MEETING Page 12
for us. Mayor Wolfson stated he believes anything that would raise the level of
security in future elections is important and imperative. Commissioner Simmons asked
what Ms. Bussey feels about this. Ms. Bussey stated it makes sense security-wise for
the Supervisor of Elections to do this, as well as administratively. She stated she and
her staff spent ten full days before the last election, to accommodate the absentee
ballots, at a time when they also were trying to process business license renewals.
Mayor Wolfson asked if we need a motion on this. Mr. Jensen stated we just need
direction if the Commission wants to proceed and then prepare an Ordinance proposing
the Charter change. It will then go as a referendum for the public vote.
It was the consensus of the Commission to proceed.
Ms. Bussey stated the proposed change regarding absentee ballots does not take a
Charter change and asked if she can go forwazd with having the Supervisor of Elections
take over the absentee ballots procedures for this coming election. It was the consensus
this can be done.
Mr. Hanson stated he did not know if it takes an agreement with the Supervisor of
Elections to approve absentee ballot procedure change. Mayor Wolfson asked staff to
check into that and let the Commission know. Commissioner Simmons stated if this
needs a motion, we will put in on the next agenda. Mr. Jensen stated there is nothing
specific in our charter or Ordinances about absentee ballots. Ms. Bussey stated there is
only one mention that states it would be in line with the Florida statutes.
City Attorney Alan Jensen
Reported American Public Dialog is the company responsible for the recent
polls. He spoke with John Libby, one of the principals of the company, and was
told the specific caller who made the call to Commissioner Borno is one of their
most experienced callers. Mr. Libby stated their callers read from an
introductory dialogue and stated the caller would not say that either the City or
the City Commission was paying for the polling because the caller doesn't
know who is paying for the poll. Mr. Libby stated perhaps the caller
misunderstood something Commissioner Borno said or vice versa, but it was his
opinion after speaking with the caller that there was obviously some
miscommunication. Mr. Jensen stated, in further response to a question raised
by Commissioner Fletcher, Mr. Libby was certain that in no way is this a paid
political advertisement. Mr. Jensen stated he also received an email about a
citizen receiving a call of this nature from Great Southern, stating they were
doing a demographic survey for Atlantic Beach, which is a totally different
company from American Public Dialog.
Mayor Wolfson asked Commissioner Borno if this matched up with his
recollection. Commissioner Borno stated it did not. He stated he questioned
the caller if he was stating this was being paid for by the City of Atlantic Beach
and the caller answered yes. Commissioner Borno told the caller he didn't think
so because he was a commissioner for the City of Atlantic Beach and he has not
approved any funding for anything like this. Commissioner Borno then told the
Jaly 9, 2007 REGULAR COMMISSION MEETING Page 13
caller he was not going to answer his poll because he was a commissioner and
was not going to buy into it and he then hung up.
Commissioner Fletcher stated he had not heard from Mr. Jensen that Mr. Libby
had offered up the written introductory dialog, nor who hired them or paid for
the poll. He asked Mr. Jensen, outside of a subpoena, what else we could do.
Mr. Jensen stated we couldn't subpoena if there was a lawsuit because it is a
private contract, which isn't necessarily open for public disclosure.
Mayor Wolfson stated, besides Commissioner Borno, there have been other
citizens who have had similar experiences. Mayor Wolfson believes Mr. Libby
should be put on notice. Commissioner Simmons stated she does not want to
pursue this and believes, through Mr. Jensen's follow-up, that Mr. Libby has
received the word that we do not want any misrepresentation of our City.
Commissioner Fletcher stated he would stand behind Mayor Wolfson if he
wants to pursue this. Mr. Jensen stated this has happened before in Atlantic
Beach with the same company. Mr. Jensen stated we could put them on notice
since this isn't the first time it has happened and we have more than one
individual in the city who has specifically stated that it was represented the
service was being paid for by the City of Atlantic Beach or the City
Commission and we want to be sure that doesn't happen again. Mayor Wolfson
stated he will pursue this with further discussion with the City Manager and the
City Attorney to put them on notice that they should not misrepresent our
citizens under any circumstances.
Commissioner Borno
• Stated he received a letter from American Legion Post 316 and asked if this
will be coming to the Commission in the form of a waiver. Mayor Wolfson
stated this is for bingo.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:36
pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Dorms L. Bussey, CMC
City Clerk