Loading...
2-8-10 vMINUTES REGULAR CITY COMMISSION MEETING February 8, 2010 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 Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of January 25, 2010. Motion: Approve the minutes of the Regular Commission Meeting of January 25, 2010, as written. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Steve Abrass, 2317 Barefoot Trace, addressed his opposition to the Commission regarding the proposed fees at Adele Grage Cultural Center. He explained that his men's group volunteers for various community events and meets at the Center for an hour each week. He believed that if the proposed rate structure is utilized, it would mean a cost of over $2,000 a year for his group to continue meeting there. He further indicated that 5 of the 6 members are Atlantic Beach taxpayers. He requested the Commission revisit the current plan and come up with a better structure that would allow for weekly meetings to continue. Mark Beckenbach, 2210 Oceanwalk Drive W., spoke in opposition to the agreement between COAB and the Estates of Atlantic Beach, LLC. He indicated the agreement allows the city to construct a force main along the eastern edge of the Estates property in exchange for other considerations. Alarge number of Oceanwalk and Selva Marina residents spoke against the agreement because of the demolition of the trees bordering the Oceanwalk property and possible interference with the involved flood area. He indicated that he expected more resistance from several members of the Commission since they are impacted as well. He reported, since that time, some issues as to the ownership of the eastern border of the Estate property may be in question. He hoped February 8, 2010 REGULAR COMMISSION MEETING Page 2 the Mayor, Commission and legal counsel are well aware of any question of ownership and make certain the City is protected. At this time, he is cognizant that the City Manager is in the process of preparing contract documents, not only for the sewer line, but for the future road right-of--way. He requested that the City delay the tree removal part of the contract. He explained that this is an irreversible action and once the trees are gone, it will take at least three to four generations before a magnificent canopy will again be enjoyed by citizens. The proposed directional drilling would allow installation of the sewer line without removal of the trees. Furthermore, he again requested that the City not destroy the trees at this time, and instead, remove the trees when the developer is ready to develop the property. The agreement, as signed, does not seem to provide a timetable for tree removal. Furthermore, does it state that the City must actually remove the trees? It seems to state that the City must pay for the mitigation of the trees, but is it required that the City actually remove the trees. Why does the City have to play the bad guy with members of the citizenry and remove trees if the agreement is silent about the specifics of the tree removal. He indicated, those of us directly impacted by this agreement, ask the Commission to put themselves in their position. Wouldn't you want to save the trees adjacent to your property for as long as you could? Don't you, as our elected representatives, have some responsibility to help us preserve our quality of life in this community? He respectfully requested that the Commission seek any legal means to preserve the trees for as long as possible, at least until the development becomes a reality. Lyman Fletcher, 804 East Coast Drive, addressed the Commission regarding expanded parking at Adele Grage/Bull Park, stating he would encourage the Commission not to do this. He has not noticed any serious problem with the parking. He agreed it builds up sometimes, but people find a way to park. He does not want to invade on the Park space for automobiles. Cindy Corey, 394 8t" Street, addressed the concept of expanded parking at Bull Park, stating she is opposed. She explained some background of when she chaired the Bull Park subcommittee. She indicated they looked at the Park in great detail and the Commission did make the decision to invest and renovate Bull Park which has enjoyed a lot of use and has been really beneficial to the community. She explained they also talked about parking a lot and although we see times when the parking is completely utilized there, we feel like the preservation of green space and maintaining the ethic of the pedestrian-friendly community is really important and she would hate to see that downgraded in any way or parking increase. She explained the need for additional parking areas is very infrequent and that people park on nearby streets which seem to be sufficient off-street parking. She urged the Commission to not make any additional hardscape surfaces there at the park. Mayor Borno stated he was the one who asked for a recommendation from staff to see if we could have an idea of what possibly could be envisioned. He indicated that no decision will be made tonight, but that, depending on how it gets revisited in the future, we will keep everybody informed. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. February 8, 2010 REGULAR COMMISSION MEETING Page 3 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting Mr. Hanson stated in recent weeks a lot of ill will has been expressed about the City, specifically the sewer line project on the west side of Oceanwalk. He addressed several of these issues that have come up recently, including the new TMDL regulations. He explained the background of how they came to the decision to consolidate the two wastewater plants by abandoning the Buccaneer wastewater plant and upgrading the other, which required a new sewer line to pump the sewage from the plant being abandoned to the new plant being upgraded. He stated our consultants recommended the least expensive choice and also they pointed out that costs for construction were down substantially because of the economy. We were informed that we could expect to get about a 24% savings in the cost for pipeline related work because a lot of these contractors had very little business now. He explained the entire process, from meeting with the consultants, bringing this before the Commission, deciding upon the route for the sewer line drilling, to the process for getting the required easements from the properties west of the Oceanwalk (Estates of Atlantic Beach and Fleet Landing). He further admitted he should have better informed the residents in west Oceanwalk who would be affected by this sewer line drilling but stated the City is not trying to hide anything. He stated this has been a public project that has been discussed publically in many meetings, including this route. He elaborated further on each route proposed and stated the Commission voted on the original route going through the west of Oceanwalk. He also explained what the easements included. He noted if anyone wanted an update on the status at any time they should call him. 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 Monthly Public Works and Utility Department Status Report and List of New Businesses for January 2010. B. Extend the contract with Tom's Asphalt Repairs, Inc. for Asphalt Repairs for the Public Works/Utilities Department for one year at current prices and authorize City Manager to sign related paperwork. C. Approve the Local 630 Blue Collar union contract for the period October 1, 2009 through September 30, 2012. D. Approve the PBA Police union contract for the period October 1, 2009 through September 30, 2012. E. Authorize the Mayor to sign the related paperwork for the application and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the application on line and have the authorization to electronically sign the on-line application on behalf of the Mayor and the City. February 8, 2010 REGULAR COMMISSION MEETING Page 4 Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A, B, C, D, and E as read. Moved by Parsons, seconded by Fletcher. 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 None. Action on Ordinances 7. Action on Ordinances Ordinance No. 20-10-101, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNIN 2009 AND ENDING SEPTEMBER 30, 2010. Mayor Borno read Ordinance No. 20-10-101 by title. Motion: Approve Ordinance No. 20-10-101, as read. Moved by Fletcher, seconded by Parsons. Mayor Borno opened the Public Hearing. THE CITY OF G OCTOBER 1, No one from the audience spoke so the Mayor closed the Public Hearing. Mayor Borno explained the ordinance relates to Community Development Block Grant Funds. He indicated that the city had money left over last year so this will allow that to be carried over to this year's budget. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 95-10-100, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, SEC. 5-32, USER FEES FOR PARKS AND RECREATION FACILITIES, PROVIDING A NEW FEE SCHEDULE FOR RENTING THE ADELE GRAGE CULTURAL CENTER, AND PROVIDING AN EFFECTNE DATE. February 8, 2010 REGULAR COMMISSION MEETING Page 5 Mayor Borno read Ordinance No. 95-10-100 by title. Motion: Approve Ordinance No. 95-10-100. as read. Moved by Fletcher, seconded by Woods. Mayor Borno opened the Public Hearing. No one from the audience spoke; however, it was pointed out that Mr. Abrass addressed his concerns about the Ordinance earlier during Courtesy of the Floor to Visitors. The Mayor closed the Public Hearing. Assistant City Manager David Thompson explained the background of the decision to increase the fees including the issues for non-profits and suggested solutions. Commissioner Woods asked how often and for how long do the non-profits usually meet. Mr. Thompson stated the grand total of non-profits with repetitive use of more than six times a year is five and, of those, most are there for one hour. He stated occasionally, the same groups may have an additional meeting or event that may last longer. Further suggestions were made. The Mayor suggested that the Commission should consider voting down what is being presented tonight so that it can be studied and brought back as a new ordinance at a later time. Commissioner Parsons agreed with Mayor Borno. He further would like to come to an agreement with the not-for-profits to charge them per event. He also wants to add a clause that states the City will keep 50% of deposits from people who do not show. Commissioner Fletcher stated the issue is we have a facility that is over utilized and undercharged for. He supports withdrawing this ordinance until staff can work on it based on the Commission's input. Commissioner Fletcher withdrew his Motion and Commissioner Woods withdrew her Second. Commissioner Daugherty asked Mr. Abrass if there was any reason they could not have their meetings at either the Donner or Jordan Centers. Mr. Abrass stated it was more a matter of convenience because most of the members live near Adele Grage. Motion: Defer indefinitely. Moved by Fletcher, Seconded by Daugherty Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Borno asked the Commissioners to give their ideas/changes to the City Manager. February 8, 2010 REGULAR COMMISSION MEETING Page 6 C. Ordinance No. 95-10-101, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ARTICLE III, WITHIN CHAPTER 23 OF THE CODE OF ORDINANCES, SAID CHAPTER ENTITLED "PROTECTION OF TREES AND NATIVE VEGETATION" AND REPLACING IT WITH THE AMENDED ARTICLE III AS SET FORTH WITHIN EXHIBIT A, WHICH IS ATTACHED TO AND MADE PART OF THIS ORDINANCE; SAID AMENDMENTS REVISING PROCEDURAL REQUIREMENTS FOR THE ISSUANCE OF A TREE REMOVAL PERMIT, ALSO PROVIDING LEGISLATIVE FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95-10-101 by title. Motion: Approve Ordinance No. 95-10-101, as read. Moved by Woods, seconded by Fletcher. Sonya Doerr summarized her staff report, explaining that with the approval of this Ordinance the Tree Conservation Board would also be eliminated. The functions of the Tree Board would now be placed with the Tree Administrator. Commissioner Fletcher asked where will appeals be heard. Ms. Doerr stated the appeals come to the Commission like any other appeal, violation, etc. A short discussion ensued. Commissioner Daugherty asked who the Administrator was. Ms. Doerr stated that was Erika Hall. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request to approve proposed projects for Fiscal Year 2010-2011 Community Development Block Grant (CDBG) application. Mr. Hanson explained due to a technical issue, it was recommended this item be pulled to allow staff more time to work on that item. Motion: Defer until staff has ironed out the complications and brim back to the Commission. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED February 8, 2010 REGULAR COMMISSION MEETING Page 7 B. Recommendation for Design, Engineering, and Permitting for Boardwalk Extension at Tide Views Preserve. Mr. Thompson summarized his staff report and explained Florida Inland Navigation has approved this project for 50% of the funding. Mr. Thompson stated they are coming before the Commission for Phase I -Design, Engineering and Permitting so they can select a firm from the top three. Discussion ensued, with Mr. Thompson stating the next step will be to sit down with the number one ranked firm to discuss the scope of services and price. He stated if they believe the price from number one is too high, then they will negotiate with the number two firm. After being questioned by Commissioner Woods, Mr. Thompson further explained in detail how the process works. Commissioner Daugherty asked if they have any concepts of the project yet. Mr. Thompson explained the proposed designs and variations. Motion: Approve staff recommendation in the order as outlined in staff report. Moved by Fletcher, seconded by Woods. Votes: Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED C National Marathon to Fight Breast Cancer -February 21, 2010. Mr. Hanson explained this will be the third annual marathon to fight Breast Cancer. He stated the course will be the same this year and is attached to the staff report as well as posted on the web. He stated the number of entrants is up from previous years and is estimated to be 8,500 - 10,000, although most of those will only run the half marathon course which does not enter Atlantic Beach. He stated they expect approximately 2,500 will sign up for the full marathon. D. Energy Grant Application. Mr. Hanson stated this is the first public notification of another new grant we have for $103,400. He explained this is an energy grant through the City of Jacksonville. Mr. Thompson explained the grant application, stating the application deadline is this Friday. He stated he was coming to the Commission for their authorization to have the Mayor sign off on the application, stating there is no matching money required. Motion: Authorize staff to apply for funding not to exceed $250,000 under this grant program and authorize the Mayor to sign all application forms and subsequent paperwork for grant administration. Moved by Fletcher, seconded by Woods. Commissioner Daugherty stated he believes the City should set an example for its residents regarding using alternative energy and anything we can do in this area, he totally supports. February 8, 2010 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED E. Approval of Tree Planting List for FY 2009/2010. Rick Carper stated this is an annual program. The annual goal for this year is to plant 150 trees for canopy restoration preservation in the City. Mr. Carper further explained the program. Motion: Approve fund use for the annual tree planting program. Moved by Woods, seconded by Fletcher. Commissioner Daugherty suggested it might be a good use to put trees at the proposed new dog park to serve as a buffer between the businesses and the park. Mr. Carper stated the dog park will be a site for trees. Mayor Borno stated, since he is the head of the landscape committee for Oceanwalk and he intends to consult with the landscaper and possibly put in an application, should he recuse himself from voting for these funds. City Attorney Jensen stated no. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED F. Request to Evaluate Additional Parking for Adele Grage Cultural Center and Bull Park. Mr. Carper explained the proposals for additional parking at Adele Grage including a slide show. He stated staff believes parking is adequate in the area, but this report was done at the Commission's recommendation. After further discussion from the Commission, it was the consensus of the Commission to do nothing. Commissioner Woods suggested something be included with ABET tickets that would tell people where they can park. Mr. Hanson stated a map has been provided to ABET several times showing where the available parking is. City Manager 9. City Manager A. City Manager's Report None. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Creation of Investment Policy Ad Hoc Committee. February 8.2010 REGULAR COMMISSION MEETING Page 9 Mayor Borno explained some changes that were made and stated Mr. Hanson gave the revised copy to each Commissioner. He stated the three members appointed to the Ad Hoc Committee are Bob Sternfeld, as Chairman, John Wolfel and Alan Gleit. City Attorney Jensen • Clarified that statements made in an email by Commissioner Woods were not correct. He stated there was some false information provided to the press through emails circulated among Commissioners. He stated he respects anyone who serves as a Commissioner but believes it important that they all know what their roles and functions are. He stated he was not getting personal, he just wanted to make sure things are clear. He stated there were a couple of emails circulated and wanted to make sure he cited them accurately so there are no misquotes. He stated Commissioner Woods wrote in an email (which is attached and made part of this official record as Attachment A) that the way the City has been conducting business is, indeed, in conflict with State statutes. He stated he assumes she is referring to the meetings the City Manager has with the individual Commissioners, which is not in conflict with State statute. He stated it is specifically allowed, by the Attorney General's opinion that he had provided even before he received Commissioner Woods' email. He stated although the Commissioners do not have to participate in those meetings with the City Manager if they don't want to, it is not in conflict with State statutes. He further stated Commissioner Woods then referenced the agreement with the Estates of Atlantic Beach, requesting that all agreements and leases adopted in September should be considered null and void and all actions related to those agreements should be halted until we receive a ruling from the Attorney General's Office on their validity. Mr. Jensen stated we are a party to an agreement; we cannot unilaterally cancel or declare that agreement null and void. He stated the contract was signed, those easements were signed, the restrictive covenants that they agreed to provide were signed and the easements and restrictive covenants have been recorded in the official records of Duval County. He stated that was done after this Commission approved the agreement, easement and restrictive covenants. He stated, based on his experience in getting opinions from the Attorney's General's office, he does not believe they are ever going to issue an opinion as to whether a contract that we have entered into is valid or not; that is not what they do. He stated that agreement, those easements and restrictive covenants are valid and properly authorized by this Commission. He stated he does not have a problem with Commissioner Woods requesting the Attorney General's opinion, but if she wants to do so, she needs to provide in writing what specifically she wants an opinion on so the Commission can all have it ahead of time and make it an agenda item at a future Commission meeting so it can be discussed and voted on as to whether they want to submit a request for an opinion. He stated Commissioner Woods also wrote in the email of January 31 that the negotiations with the owners of the Estates was in clear violation of Sec. 286.011 FL Statutes because she did not know about the negotiations, she didn't participate in the negotiations, and they were held in private. Mr. Jensen stated that is just absolutely not correct. He stated those negotiations were all done legally and lawfully. He stated, as a general rule, Commissioners do not negotiate contracts with anyone. The Commission sets the policy but does not February 8, 2010 REGULAR COMMISSION MEETING Paee 10 manage or micromanage the City. He stated there was no delegation of any authority to the City Manager or anyone else in negotiating terms of a proposed agreement. Mr. Hanson was doing his job that had been directed by this Commission. Mr. Jensen stated he participated a lot in the preparation and discussions with the owners of the Estates and their attorney in putting the agreement, easements and restrictive covenants together, which is something he does all the time. He further stated Commissioner Woods cited several cases in the first email from the Attorney General's website that refers to either elected officials or appointed board members, i.e. people subject to the Sunshine Law. He gave an example; if the Commission asked Commissioner Woods to meet with the engineer selected and negotiate a contract, and delegated her that authority, then those meetings have to be in public because she is subject to the Sunshine Law. He explained that the City Manager, City Attorney, Rick Carper, David Thompson negotiated contracts all the time but nothing is ever approved until the City Commission votes on it. He stated he does not really understand, in the discussion with the Estates, what she wants to try to accomplish. He stated there was a 3-1 vote because John Meserve recused himself for the vote due to his association with Fleet Landing and Commissioner Woods was the sole vote in opposition. He stated he doesn't understand whether she is trying to stop a lawfully entered into contract that the City has already executed or not. He stated he does understand that some of the people in Oceanwalk don't want their neighbors to take down trees because they enjoy the trees and wildlife. He stated he understands Mr. Beckenbach's position. Mr. Jensen stated the first house he built was north of 19`h Street in Atlantic Beach and they had all kinds of trees to the north of them. He stated then there was a proposal, that he opposed, to go in and take tons of those trees out, which happened and created Oceanwalk. Mr. Jensen further referenced a second email (which is attached and made part of this official record as Attachment C) which was in response to an email he had sent Commissioner Woods (which is attached and made part of this official record as Attachment B) where she stated there are many in our community who have concerns about the way City business is conducted. He stated he did not know who she was talking about, stating he has not heard anything nor has he been told by anybody else. He stated she indicated that was heightened by the indictment of John Meserve and the allegations, he assumed she meant Don Wolfson. He stated first, John Meserve was not indicted, that would take a grand jury and a group vote to indict him. He was charged on direct information from the State Attorney's office, which is one person's decision. Secondly, he stated he does not know how their conduct with the Mayport Waterfront Partnership and the purchase and sale of property by Vestcor Properties, all in Mayport, has anything to do with conducting the business in the City of Atlantic Beach. He stated she also wrote in that email that because Commissioner Borno was the president of Oceanwalk Homeowners Association at the time, he was clearly in a conflicting role because they discussed and recommended that the sewer line go through their streets. He asked Commissioner Woods if she was aware Commissioner Borno took action to avoid that conflicting role. He stated when that issue came in front of the homeowners association he left the meeting and did not participate, so there February 8, 2010 REGULAR COMMISSION MEETING Page ll was no conflicting role for Commissioner Borno at that time. He stated she further stated that the decision to enter into negotiations with Mr. Sones and to use his property route for the sewer line was a policy decision, which is absolutely correct. That was a decision made by this Commission and the negotiations with Mr. Sones were based on that decision. He stated Commissioner Woods referenced that it was acted upon behind closed doors, which he assumes she is referring to Mr. Hanson's negotiations with Mr. Sones or others representing the Estates. Mr. Jensen stated Mr. Hanson did not act on anything; there was no action taken behind closed doors whatsoever. He stated everything was done legally and lawfully and all the decisions were made by the City Commission in regards to the Sones property, none by the City Manager or anyone else on the City's staff. He stated there was no authority delegated to Mr. Hanson and those allegations are totally unfounded. In a related situation, Mr. Jensen stated he has received the copies of the contact Commissioner Woods has had with the Water Management District regarding Old Sherry Drive and the permit for the roads to the Estates. He stated the problem he has with that is that she contacted them as Carolyn Woods, Atlantic Beach City Commissioner, and used her Atlantic Beach email address. He stated she is not representing the City in that request; that is her own personal request, which she is entitled to make. He stated she was not acting on behalf of the City. He stated when they received a letter requested by an Atlantic Beach City Commissioner, they more than likely assume she is acting on behalf of the City. He stated she has not been authorized by the City to have that contact on behalf of the City. He stated she can certainly do that as a private citizen and he believes it would be appropriate for her to contact them again and clarify that with them. He stated there are appropriate ways to conduct business up here. Mr. Hanson has a job to do, the City Attorney has a job to do, and the Commission has a job to do, which is setting policy. He stated there are discussions the Commission has to have on the actions of the City and they have to obtain authorization of the City to represent themselves to other agencies. He stated the Commissioners are part of a team and have to work together, they can't go off by themselves doing things independently. He stated that is not appropriate, and if he was a Commissioner he would be offended by that. He stated we all need to support and respect all the decisions made by this Commission even if she is the only one who voted the other way. He stated the emails back and forth has gotten a little out of hand and as you know those go out to the public and get in the press. He stated there was a lot of incorrect information in the emails she sent out and he believed it was his obligation to make sure they were correct on the record. He stated she did state in her email, "since I feel that my opinion on the validity of those agreements, easements and the restrictive covenants that I shouldn't have any objection to seeking an Attorney General's opinion". Mr. Jensen stated he has absolutely no objection if that is what the Commission wants to do. He stated Commissioner Woods should keep in mind that he felt compelled he had to discuss this with her and he assumes it is coming up again since she is going to make a request for an opinion from the Attorney General. He suggested, if she does that, the Commission needs to know what specifically she wants to ask them so they can review it, discuss it and then decide what they want to do. February 8, 2010 REGULAR COMMISSION MEETING Page 12 Mayor Borno stated he pulled the minutes from the Oceanwalk Board of Directors meeting on September 9, 2009 and under new business it states, Mike Borno reviewed the situation regarding the location of the wastewater line. The chart of locations, opinions and costs were discussed. At 7:15 p.m. Mike turned over the meeting to the Vice President, Lee Leibecki, excused himself and left the building. After some discussion, Laura asked the guests what we as board members were to do and the guests there were Art and Debbie Corsano, Mark and Jackie Beckenbach, Mark Tomaski and Trevor Richter. The Board voted 8-0 with one member absent, himself, to present the following resolution to the City of Atlantic Beach Commission. The Board of Directors of Oceanwalk Association, in order to preserve the tree canopy of the City of Atlantic Beach, supports routing the proposed wastewater pipe through the streets of Oceanwalk utilizing Inland Way and Oceanwalk Drive West. Lee Leibecki will attend a meeting on Monday, September 14, and present the resolution. Mayor Borno stated he had not seen that resolution until Mr. Leibecki handed it to him that night. He stated he wanted to clarify any misconceptions about what he was doing at the time. Commissioner Daugherty • Stated he was not on the Commission at the time, but understands we have a legally binding contract and has absolutely no doubt that it is something we are held to. He stated if he was on the Commission at that time, it would probably have been a 2-2 vote because he supported the Oceanwalk option. He stated, while he was still campaigning, he walked the property in question with Commissioner Woods and there is one area that is 10-20 feet from someone's backdoor. He stated if he had those trees and owls in his backyard, he probably would have raised a lot bigger fuss than those people had at the time. He stated, however, we have a legal contract and he would like to ask the City Manager that we delay as long as we can cutting down any trees that we have to. He also stated if there is anything we can possibly do to save trees, which are valuable assets to our environment, he would like for the City to proceed with those options. • Regarding Item 4B, even though they are not required to renew the contract at current rates, they are doing it very happily because it's work. He stated he doesn't want to be the bad guy that goes back to a contractor and says let's do it for less, but we are spending the citizen's money here. He would like to see the City be a bit more aggressive in the renewal of the contracts, because any dollar we can save the citizens he would like to do so. He stated we should take advantage of the current construction environment, which is why we need to push all these projects ahead. He stated he would like to see more emphasis put on renegotiating contracts and saving some money for our citizens. • Regarding personal briefings, he suggested he go through the agenda and email any questions to Mr. Hanson, who can get back to him on those. He stated his intention was not to challenge personal briefings, but it became something that was brought up. After researching this, he asked some representatives at the Florida League of Cities conference he attended, and they told him that was common practice and there was actually some case law that supported them being legal briefings. He stated if the City Manager is meeting and repeating the same conversation with all five Commissioners, that is a good amount of February 8, 2010 REGULAR COMMISSION MEETING Page 13 time. He stated Mr. Hanson is the City's most valuable employee, he costs us the most money and he is the most responsible. He stated, personally, he would like to ask Mr. Hanson to provide the background information in the reports and any other relative information which he can get on Wednesday and then by Thursday or Friday he can have some good questions for him. He said he will send him questions by email and make it public record and obey the Sunshine Law. He encouraged the other Commissioners, in respect for the amount of time Mr. Hanson has, to also do something like this. Commissioner Parsons Stated he has asked all Commissioners to send emails only to his City email. Commissioner Fletcher Stated his meetings with City Manager are highly productive and very necessary and he is not going to change his meetings. Asked that Commissioner Woods clarify with the Water Management District that this is not between the City of Atlantic Beach and that permit. He stated he does not want to be a party to a tortuous interference claim if somehow that developer gets damaged in this process. He further stated emails should be to her private email address and asked that she please not do this on behalf of the City of Atlantic Beach. He asked her to go out of her way to make sure there is no misunderstanding on that. Regarding delaying the project, he asked the City Manager to do everything he has to do to fulfill the terms of a legally binding agreement that we voted on and signed. He stated all of the required documents from the developer have been executed and recorded in the Duval County record and we are obligated to fulfill that contract. He stated he believes it is very important that we live up to that obligation. Commissioner Woods • Stated she was at a disadvantage and if she had known Mr. Jensen was going to go point by point on his discussion she would have been better prepared. She can't specifically answer any comments he made but would say that it is a shame he doesn't realize how the investigations concerning our two past mayors have affected the confidence that our citizens have in our government. She stated if he hasn't heard anything about it, and no one else up here has heard anything about it, maybe they are a little insulated. She stated because there are questions about their relationship with each other and obviously there will be leaps of what else were they doing and whether justified or not that's the way these things go. • Believes Amendment 4, the home town rule, will hurt City Government a lot. But she believes because of things like the issue with John Meserve it is going to pass because people just don't understand how something like that project can get passed. • Regarding her contacting the St. Johns River Management District she stated she believes it is within her rights to do fact finding on any issue that is before the Board and has the legal right to contact any agency or individual and ask the questions she wants to ask representing herself as a commissioner. She stated that came straight from the Attorney General's office. She appreciates February 8, 2010 REGULAR COMMISSION MEETING Page 14 everyone's feelings about this matter and she appreciates the seriousness of the contract and stated they will just have to see what happens. She stated she plans on coming back to the Commission with something in writing to see if they want to take it to the Attorney General and get the opinion. She stated she appreciates everyone's efforts up here and knows they are all doing what they believe is the best for Atlantic Beach. She stated law is open to a lot of interpretation and believes that it is good we are having this discussion in public and believes in the end it will build confidence that we are not trying to hide anything from the public and are working on their behalf. Mayor Borno • Stated he does not believe any of the Commission has the individual right to use their title to do research. They can do research as individuals and although Commissioner Woods does not agree with the City Attorney, they will leave that lie until she brings back to the Commission what it is she is going to bring back. • He and Commissioner Woods attended the Douglas Anderson School of the Arts Extravaganza last Saturday night and stated that presentation was better than a lot of Broadway productions he has attended. He stated he will write a letter to the principal to that effect. • Reported on the four Chaplains memorial event he attended, at the request of the District 5 American Legion president. • Strategic Planning will be this Wednesday and Thursday night. • Thanked Public Works staff for distributing the notices to Royal Palms. • Stated regarding doing business in the open, he does not know of anyone who has ever sat up here who has not done their work in the open. He stated they do have briefings with the City Manager whenever they feel it necessary. He stated it seems like everybody is against government now. He asked if they ever thought what that is doing to this nation. It is no wonder people don't want to step up to be elected officials. He stated he resents any more issues that insinuate that. • Reported on the meeting he, the City Manager and Captain Bowman had regarding the arrival of the aircraft carrier and what needs to be done to prepare. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:30 p.m. -~~ ~~~ Mike Borno, Mayor/Presiding Officer ATTEST: AU~B Donna L. Bartle, CMC City Clerk ATTACHMENT A Bartle, Donna From: Woods, Carolyn Sent: Sunday, January 31, 2010 12:48 PM To: Borno, Mike; Fletcher, John L; p.parsons@coab.us; Daugherty, Jonathan; Hanson, Jim; alan@alanjensenlaw.com; Bartle, Donna Subject: s. 286.011, F.F. violations Attachments: Agenda 9-14-09-web.pdf.webloc Dear Mayor Borno, fellow Commissioners, Jim Hanson, and Alan Jensen, It has come to my attention that there may be some merit in Commissioner Daugherty's assertions that the way the city has been conducting business is indeed in conflict with state statutes. I have included a few excerpts from an article from the State Attorney Generals Office web site for your review as well as the web link for you to view the entire article and statutes. http://www.myflsunshine.com/sun.nsf/sunmanual/E082A1C703D1BF52852566F30056C16E In addition I believe all the Agreements and Leases adopted under item 8A at our City Commission meeting of September 14, 2009 should be considered null and void and all actions related to these agreements should be halted until we have received a ruling from the State Attorney's Office of their validity. There are many instances in the approved minutes where negotiations are described with the owners that I neither new anything about or was not a participant, and that were held in private. According to this article this is in clear violation of s. 286.011, F.S., see c. Delegation of authority. I am forwarding this letter to the State Attorney's Office for clarification and direction on how we should proceed. Sincerely, Carolyn c. Delegation of authority "The Sunshine Law does not provide for any 'government by delegation' exception; a public body cannot escape the application of the Sunshine Law by undertaking to delegate the conduct of public business through an alter ego." IDS Properties, Inc. v. Town of Palm Beach, 279 So. 2d 353, 359 (Fla. 4th DCA 1973), certified question answered sub nom., Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974). See also News-Press Publishing Company, Inc. v. Carlson, 410 So. 2d 546, 547-548 (Fla. 2d DCA 1982) (when public officials delegate de facto authority to act on their behalf in the formulation, preparation, and promulgation of plans on which foreseeable action will be taken by those public officials, those delegated that authority stand in the shoes of such public officials insofar as the Sunshine Law is concerned). Cf. Leach-Wells v. City of Bradenton, 734 So. 2d 1168, 1171 (Fla. 2d DCA 1999) (committee charged with evaluating proposals violated the Sunshine Law when the city clerk unilaterally tallied the results of the committee members' individual written evaluations and ranked them; the court held that the "short-listing was formal action that was required to be taken at a public meeting"). Thus, the Attorney General's Office has concluded that a single member of a board who has been delegated the authority to act on behalf of the board in negotiating a lease "is subject to the Sunshine Law and, therefore, cannot negotiate for such a lease in secret." AGO 74-294. A meeting between representatives of a private organization and a city commissioner appointed by the city commission to act on its behalf in considering the construction and funding of a cultural center and performing arts theater would also be subject to s. 286.011, F.S. AGO 84- 54. Similarly, when an individual member of a public board, or a board member and the executive director of the board, conducts a hearing or investigatory proceeding on behalf of the entire board, the hearing or proceeding must be held in the sunshine. AGOs 75-41 and 74-84. Cf. State, Department of Management Services v. Lewis, 653 So. 2d 467 (Fla. 1st DCA 1995), stating that the issuance of an order of reconsideration by a board chair did not violate the Sunshine Law where the purpose of the order was to provide notice to the parties and allow them an opportunity to provide argument on the issue. d. Use of nonmembers as liaisons between board members The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members. See AGO 74-47 (city manager is not a member of the city council and thus, may meet with individual council members; however, the manager may not act as a liaison for board members by circulating information and thoughts of individual council members). Compare AGO 89-39 (aides to county commissioners would not be subject to the Sunshine Law unless they have been delegated decision-making functions outside of the ambit of normal staff functions, are acting as liaisons between board members, or are acting in place of the board or its members at their direction). For example, in Blackford v. School Board of Orange County, 375 So. 2d 578 (Fla. 5th DCA 1979), the court held that a series of scheduled successive meetings between the school superintendent and individual members of the school board were subject to the Sunshine Law. While normally meetings between the school superintendent and an individual school board member would not be subject to s. 286.011, F.S., these meetings were held in "rapid-fire succession" in order to avoid a public airing of a controversial redistricting problem. They amounted to a de facto meeting of the school board in violation of s. 286.011, F.S. Similarly, in Sentinel Communications Company v. School Board of Osceola County, No. CI92- 0045 (Fla. 9th Cir. Ct. April 3, 1992), the court found that a series of private meetings between a school superintendent and individual school board members which were scheduled by the superintendent to present and consider staff recommendations concerning the administrative structure of the school system and to privately address any objections or concerns that the board might have, should have been held in the sunshine. The court said that its decision should not be construed to prohibit individual board members from meeting privately with staff or the superintendent for informational purposes or on an ad hoc basis. However, "[i]t shall be construed to prohibit the scheduling of a series of such meetings which concern a specific agenda." Thus, the court enjoined the board and its superintendent "from holding any further closed door meetings to formulate Board policy, discuss matters where Board action is contemplated, or otherwise conduct the public's business." In Citizens for a Better Royal Palm Beach, Inc. v. Village of Royal Palm Beach, No. CL 91- 14417 AA (Fla. 15th Cir. Ct. May 14, 1992), the court invalidated a contract for the sale of municipal property when it determined that after the proposal to sell the property which had been discussed and approved at a public meeting collapsed, the city manager met individually with council members and from those discussions the property was sold to another group. The circuit court found that these meetings resulted in a substantial change in the terms of sale and that the execution of the contract, therefore, violated the Sunshine Law. z Thus, a city manager should refrain from asking each commissioner to state his or her position on a specific matter which will foreseeably be considered by the commission at a public meeting in order to provide the information to the members of the commission. AGO 89- 23. See also AGO 75-59 (the spirit, if not the letter, of the Sunshine Law requires official decisions to be made in public after a full discussion by the board members; thus, the board's director should refrain from calling each member of the board separately and asking each member to state his or her position on a matter which will foreseeably be presented for consideration to the entire board in open session). Cf. AGO 81-42 (the fact that a city council member has expressed his or her views or voting intent on an upcoming matter to a news reporter prior to the scheduled public meeting does not violate the Sunshine Law so long as the reporter is not being used by the member as an intermediary in order to circumvent the requirements of s. 286.011, F.S.). Not all decisions taken by staff, however, need to be made or approved by a board. Thus, the district court concluded in Florida Parole and Probation Commission v. Thomas, 364 So. 2d 480 (Fla. 1st DCA 1978), that the decision to appeal made by legal counsel to a public board after discussions between the legal staff and individual members of the board was not subject to the Sunshine Law. Accord Inf. Op. to Biasco, July 2, 1997 (administrative officers or staff who serve public boards should not poll board members on issues which will foreseeably come before the board in order to avoid being used as a liaison between board members, although an administrative officer is not precluded from contacting individual board members for their views on a matter when the officer, and not the board, has been vested with the authority to take action). 3 ATTACHMENT B Bartle, Donna From: Alan Jensen [clan@ajensenlaw.com] Sent: Monday, February 01, 2010 2:50 PM To: Woods, Carolyn Cc: Borno, Mike; Fletcher, John L; Parsons, Paul; Daugherty, Jonathan; Hanson, Jim; Bartle, Donna; 'Sandra Clemons' Subject: FIa.Stat. 286.011 Carolyn: I was provided with a copy of your a-mail sent yesterday to all other commissioners and Jim Hanson and Donna Bartle. I did not receive it directly from you because of a mistake in my a-mail address. Please note my correct a-mail address below. Also, its about 2:45 p.m. Monday afternoon and I just left a message on your phone because I wanted to discuss these matters first before sending this a-mail. However, I feel it necessary to expedite a response to your a-mail and am sending this before speaking with you. First let me state that its unfortunate you didn't try to address your concerns directly to me or someone else to try and answer them prior to publishing an e-mail to all other commissioners and other city personnel. As you know, all such correspondence are public records and some may get the wrong impression that our elected officials and other city personnel don't work together as a team, which we always strive to do, and have always attempted to do for the more than 30 years that I have been involved with Atlantic Beach either as an elected official or as city attorney. Furthermore, all city personnel who deal with public records and Sunshine law matters are well versed in those matters, have frequently sought legal advice regarding any particular issues that may arise occasionally, and I know personally would never knowingly do anything in violation of the state law in regard to those or any other issues. It is clear from my review of the matters raised in your e-mail that no violations of state law or any other law have occurred. I would like to address the 3 specific items in your e-mail as follows: 1. You state there may be some merit to Commissioner Daugherty's assertions that the way the city has been conducting business is indeed in conflict with state statutes. You may want to clarify with Jonathan whether this was his assertion or not, but there has been no "conflict" or violation of state statutes with the way the city conducts business to my knowledge. AGO 74-47 specifically states that it is NOT a violation of the Sunshine law for a city manager to meet individually with members of the city council to discuss city business "...provided he does not act as a liaison for board members by circulating information and thoughts of individual councilman to the rest of the board." It would be very difficult for Jim to perform his duties as city manager and not have regular contact with the commisisoners, and I'm certain Jim in no way acts as a liaison between commissioners. Quoting further from AGO 74-47 "...the city manager of Vero Beach is the chief executive officer and the head of the administrative branch of the city government." Jim Hanson is the same in Atlantic Beach, and as such is duty bound to carry out the policies set by the city commission. He obviously needs regular input and directives from the commissioners for many reasons, including setting the agendas for commissions meetings, etc. You are not required to have individual meetings with Jim, but his doing that with those commissioners who desire such meetings is not a violation of state or any other law. 2. You next state that you believe all Agreements and leases adopted under item 8A at the 9/14/09 meeting of the commission should be considered null and void and all actions related to these agreements should be halted until we receive a ruling from the State Attorney's Office of their validity. A couple of things: (a) The commission approved an agreement with The Estates of Atlantic Beach and authorized the mayor or city manager to sign the agreement at the 9/14 meeting. The city therefore has a valid and binding contract, legally enforceable by both parties, and signed with the authority of the city commission pursuant to action taken at a public meeting after due public notice. As I recall, this action was considered at more than one meeting of the city commission in order to hear and address concerns from citizens. The city cannot, therefore, simply declare this agreement null and void. (b) You speak of receiving a ruling from the State Attorney's Office, but I assume you mean the Attorney General's Office in Tallahassee. It is my understanding, based upon prior matters referred to the Attorney General's Office over the years, that they will issue no ruling just because you copied them with your e-mail. The AGO must receive a formal request from the city, authorized by the city commission, for an opinion on a matter. We have done this before, and again it would appear to be more appropriate to have a request to the AGO made through proper channels rather than from an individual commissioner, who has not been authorized to submit such a request. (c) If the AGO were to review the validity of the agreement with The Estates approved by the commission on 9/14, I feel certain they would agree with me that the agreement is valid. 3. Finally, you state in your e-mail that negotiations with the owners (resulting in the Agreement) were held that you knew nothing about, were not a participant, they were held in private, and that this "... is in clear violation of s.286.011, F.S., see c. Delegation of authority." This is not true.The cases you cite refer to individual members of a board (ie., an elected or appointed member subject to Sunshine law) acting on behalf of the entire board in negotiating a lease or conducting an investigative hearing, which must be done in public. However city staff, city managers, city attorneys, and the like, can negotiate contracts with third parties, as is done all the time, subject to the final approval of the city commission. You should recall certain matters which have come before the city commission under the Consultant's Competitive Negotiations Act, Fla.Stat. 287.055, in which the commission ranks the companies and then staff negotiates a contract with the first ranked company, which then must be brought back to the city commission for final approval. This analogy is provided only to demonstrate that Florida statutes allow this procedure even though you may not know anything about the negotiations, were not a participant, and they were held in private. The city commission has determined how the city should proceed in its Agreement with The Estates, and no clarification or direction from the "State Attorney's Office" is necessary. The city has done nothing "in conflict" with state statutes nor have there been any "clear violations" of FIa.Stat. 286.011 in the matters discussed in your a-mail. If you wish to discuss these matters further, please feel free to contact me at any time. Alan ALAN C. JENSEN, ESQUIRE 935 North Third Street P.O. Box 50457 Jacksonville Beach, FL 32240-0457 (904) 246-2500 (904) 246-9960 FAX Alan(cD.AJensenLaw.com CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential, subject to the attorney-client privilege and intended only for the use of the intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by return a-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you. ATTACHMENT C Bartle, Donna From: Woods, Carolyn Sent: Tuesday, February 02, 2010 3:42 PM To: Alan Jensen Cc: Borno, Mike; Fletcher, John L; Parsons, Paul; Daugherty, Jonathan; Hanson, Jim; Bartle, Donna; 'Sandra Clemons' Subject: RE: FIa.Stat. 286.011 Attachments: Alan Jensen 2-2-2010 (this will be easier to read in it's original form - see attached) Alan, Thank you for your response, I'm sorry to have missed your call. For some reason your a-mail address does not show in my list, nor can I get the city's e-mail list to show and be interactive. I have switched form PC to Mac in January and am still working out the kinks. Concerning your points: First I am aware that a-mails are public record and I am also acutely aware that there are many in our community who have concerns about the way city business is conducted. This is especially heightened in light of the recent indictment of our most recent mayor and allegations concerning his predecessor. Although I did not start this public discussion it seems to me that having this discussion in the open will help all involved understand the confines of the applicable laws and how they are interpreted by the city and the state. In the end all should feel confident that the city is acting in accordance with the laws, as well as their intent and in the best interests of all citizens. As you know those who benefit from misconduct never want it exposed and those who do not benefit do. Lingering doubts will only be left to fester if these questions are left unanswered. In addition as you also know the act of acting outside of the law does not always indicate intent, I do not believe I have accused anyone of knowingly or intentionally violating the state laws. It will be helpful if we do not misquote each other during this discussion. 1. In my a-mail I stated, "It has come to my attention that there may be some merit in Commissioner Daugherty's assertions that the way the city has been conducting business is indeed in conflict with state statutes." Please see his a-mail of today, which included his letter to the editor of the Beaches Leader, which clarified his comment with this statement "I have the same concerns that you have expressed concerning Sunshine law and the appearance of private meetings with regards to items on the agenda." 2. Validity of the Sones agreements: a. This most definitely was not considered at more than one meeting. i. Though statements were made by the city manager, Mayor Meserve, and Comm. Parsons at the 7uly 27 meeting, no discussions took place and the item was postponed. ii. At the August 10 meeting comments were made by Mayor Meserve, Jim Hanson, Paul Parson and Mike Borno no discussion was allowed because the item had been "pulled", I had issues to discuss but was not acknowledged by the mayor. iii. At the August 24 meeting, I requested a formal notice to concerned citizens concerning the issue and the commission denied this request. 1. At the September 14 commission meeting, the issue was brought up for discussion and a vote to approve the agreement with Mr. Sones or not. Not to make a decision about the path of the TMDL lines. "8. A. Approval of easements and related documents for force main installation in connection with the abandonment of Buccaneer Wastewater Treatment Plant." 2. In my July 23 meeting with the city manager the agreement was presented to me, I could not discern any meaningful changes made to it between this time and it's coming to a vote on September 14. 3. 7 people spoke in favor primarily on the grounds of what a great guy Mr. Sones is, one being Mr. Sones attorney. 4. 17 spoke in opposition including a representative from the Oceanwalk Homeowners Association "Lee Leibecki 402 Snapping Turtle Ct E spoke as the Vice President of the Oceanwalk Homeowners Association stating the residents have asked the Board of Directors to officially support the solution of running the pipeline through Oceanwalk under the streets. He stated after taking a vote of the Board Members all were in favor. He read from the minutes of their Board of Directors meeting stating The Board of Directors of Oceanwalk Association supports running the proposed wastewater pipe on the existing City of Atlantic Beach right-of-way through the streets of Ocean walk utilizing Inland Way and Oceanwalk Drive West in order to preserve the vast tree canopy and to greatly reduce the tree mitigation costs of the alternative routes" a. Comm. Borno as the President of this organization was clearly in a conflicting role. b. I received a response from the State Attorney Generals Office confirming the need to have a request by the city commission for an opinion. I will be requesting the commission to make such a request of the AG's office. c. Since you feel certain that the AGO will agree with you on this matter you should have no objections to the commission making a formal request to clarify this issue so no doubts will linger to tarnish the city and we can all feel we are working within the confines of the Florida laws. 3. The decision to enter into negotiations with Mr. Sones and to use the Sones property route for the TMDL pipes was a policy decision. The negotiations with Mr. Sones were based on this decision, which was not voted on by the commission, and acted upon behind closed doors. a. Included in the response from the AG office was this; " Meetings of staff of boards or commissions covered by the Sunshine Law are not ordinarily subject to s. 286.011, F.S. Occidental Chemical Company v. Mayo, 351 So. 2d 336 (Fla. 1977), disapproved in part on other grounds, Citizens v. Beard, 613 So. 2d 403 (Fla. 1992). See also School Board of Duval County v. Florida Publishing Company, 670 So. 2d 99, 101 (Fla. 1st DCA 1996) (staff personnel not subject to the Sunshine Law); and AGO 89-39 (aides of county commissioners are not subject to the Sunshine Law unless they have been delegated decision-making functions outside of the ambit of normal staff functions, are acting as liaisons between board members, or are acting in place of the board members at their direction)." I believe in this capacity the city manager by choosing the route to proceed with was practicing "decision-making functions outside of the ambit of normal staff functions.", although I am unclear as to who delegated this authority to him. b. The vote was presented to vote for or against this lease agreement, not a decision to proceed based on a comparison of alternative routes, and the vote was made only after negotiations were complete. The facts were not presented to the commission, so the commission could make an informed decision on which route should be chosen, a negotiated contract was presented. i. Your example I believe proves my point here, you wrote "...under the Consultant's Competitive Negotiations Act, F1a.Stat. 287.055, in which the commission ranks the companies and then staff negotiates a contract with the first ranked company, which then must be brought back to the city commission for final approval." ii. The commission did not rank the TMDL routes, and ask the city manager to proceed with negotiations. The negotiations were made and then the commission was asked to vote on its approval. c. Also applicable and included in the response from the AG office was this; "The Sunshine Law does not provide for any 'government by delegation' exception; a public body cannot escape the application of the Sunshine Law by undertaking to delegate the conduct of public business through an alter ego." IDS Properties, Inc. v. Town of Palm Beach, 279 So. 2d 353, 359 (Fla. 4th DCA 1973), certified question answered sub nom., Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974). See also News-Press Publishing Company, Inc. v. 2 Carlson, 410 So. 2d 546, 547-548 (Fla. 2d DCA 1982) (when public officials delegate de facto authority to act on their behalf in the formulation, preparation, and promulgation of plans on which foreseeable action will be taken by those public officials, those delegated that authority stand in the shoes of such public officials insofar as the Sunshine Law is concerned). " d. It is for these reasons along with the ones mentioned in my previous e-mail that I feel clarification is needed from the Attorney Generals Office. Finally, I appreciate your attention to this matter and I'm sure you can acknowledge the reason there are lawyers, courts and attorney generals is because interpretation of laws can be difficult. Carolyn 241-8973 3